Agenda packet — Folsom City Council, September 8, 2026 (part 2 of 2)

09/22/2026 Item No.13.

Attachment 1

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Resolution No. 11707

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RESOLUTION NO.11707

A RESOLUTION RESCINDING RESOLUTION NO. 8990 AND ADOPTING A

REVISED POLICY GOVERNING THE RECEIPT AND DISTRIBUTION OF

TICKETS AND/OR PASSES

WHEREAS, the Fair Political Practices Commission ("FPPC") codified Section 18944.1 of Title 2 of the California Code of Regulations relating to tickets and/or passes provided to the City; and
WHEREAS, the FPPC regulation requires that the receipt and distribution of such tickets be governed by a written policy that sets forth the permissible use of covered tickets for public purposes; and
WHEREAS, the City adopted Resolution No. 8990 in accordance with FPPC Regulation 18944.1 to establish a policy governing the receipt and distribution of tickets and/or passes provided to the City; and
WHEREAS, the FPPC amended Section 18944.1 of Title 2 of the California Code of Regulations relating to tickets and/or passes to events distributed to public officials; and WHEREAS, the City Council desires to update the policy governing receipt and distribution of tickets and/or passes provided to the City pursuant to Regulation 18944.1.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom hereby finds, determines and declares as follows:

A. From time to time, the City may receive tickets or passes to various facilities, events or performances or shows from third party sources, both public and private, which the City may distribute to various persons including City employees and officials; and
B. The Fair Political Practices Commission ("FPPC'') has promulgated regulations regarding when disclosure of receipt of these tickets as gifts may be required for those City officials deemed to be who file annual Statements of Economic Interest (“Form 700”) under the City's Conflict of Interest Code; and C. FPPC Regulation 18944.1 permits covered tickets to be distributed to these City officials without being treated as gifts on Form 700 if the City distributes these tickets in accordance with a duly adopted written policy consistent with Regulation 18944.1; and
D. The FPPC has clearly stated that it recognizes the discretion of the City Council to determine whether the distribution of such tickets serves a legitimate public purpose of the City.

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Resolution No. 11707

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BE IT FURTHER RESOLVED, that the City Council of the City of Folsom hereby adopts a revised Policy Governing the Receipt and Distribution of Tickets and/or Passes in the form attached hereto as “Attachment A” and incorporated herein by this reference.

PASSED AND ADOPTED this 8th day of September, 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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Resolution No. 11707

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Attachment A

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Resolution No. 11707

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Policy Governing the Receipt and Distribution of Tickets and/or Passes The following standards shall apply to the distribution by the City of tickets and/or passes for admission to a facility, event, show, or performance for entertainment, amusement, recreation, or similar purposes as defined by FPPC Regulation Section 18944.1.

A. Definitions.

1. "Designated Official" shall mean a City public official required by the City's Conflict of Interest Code, as may be amended from time to time, to file a Statement of Economic interest.

2. “Ticket” shall mean a ticket and/or pass for admission to a facility, event, show, or performance for entertainment, amusement, recreation, or similar purposes (as defined by FPPC Regulation 18944.1, as amended and interpreted from time to time) that is obtained by the City, a) from an outside source, b) acquired by the City pursuant to a contract for use of City owned property, c) for a City controlled event, or d) purchased by the City at fair market value. This definition shall not include a ticket to an event where there is no admission fee, or to civic, political, community, and/or cultural activities including, but not limited to, employee recognitions, and neighborhood events, unless expressly determined otherwise by the FPPC or judicial decision.

3. "Immediate Family" shall mean spouse and dependent children as set forth in Government Code Section 82029.

B. Purpose of Policy.

The purpose of this policy is to ensure that all Tickets provided to the City for potential distribution to Designated Officials shall be distributed in accordance with FPPC Regulation 18944.1.

C. Limitations.

1. This Policy shall only apply to the City's distribution of Tickets to, or at the behest of, a Designated Official.

2. Tickets provided to a Designated Official as part of their official duties, or tickets provided so that the Designated Official may perform a ceremonial role or function on behalf of the City, shall not be subject to this Policy.

These tickets are exempt from any FPPC disclosure or reporting requirements.

3. This Policy does not apply to a Ticket received and taxable as income to the Designated Official. Such a Ticket is not a gift for purposes of FPPC

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disclosure or reporting requirements.

4. This Policy does not apply to a Ticket for which the Designated Official reimburses the City within 30 days of receipt. Such a Ticket is not a gift for purposes of FPPC disclosure or reporting requirements.

5. This Policy does not apply to a Ticket that has been earmarked by an outside source for use by a specific Designated Official. Such a Ticket may be a gift for purposes of FPPC disclosure or reporting requirements.

D. Public purpose.

Tickets may only be distributed to, or at the behest of, a Designated Official for a public purpose. The City Council hereby finds and determines, in its sound discretion, that the City will accomplish one or more of the following public purposes through distribution of Tickets to Designated Officials, or provided to third persons at the behest of a Designated Official. The list is intended to be illustrative rather than exhaustive of the public purposes that may be served by Designated Officials’ utilization of Tickets:
l. Economic, employment and business development on behalf of the City and businesses within the City, including conventions and conferences.

2. Promotion of City-controlled or sponsored events, activities, or programs, public facilities and resources.

3. Promotion of tourism within the City and the surrounding area.

4. Information gathering and education regarding matters of local, regional and statewide concern that affect the City, including enhancing intergovernmental relations through including attendance at events with or by elected and appointed officials from other jurisdictions.

5. Promoting or showing City appreciation for programs and services rendered by community and other nonprofit and charitable resources for the benefit of the community, including artistic and cultural organizations and institutions.

6. Promoting, encouraging and rewarding educational and athletic achievements by students and officials of local and regional educational institutions.

7. Promotion of City recognition, visibility, and/or profile on a local, state, national or worldwide scale including exchange programs with national and foreign officials and dignitaries.

8. Promotion of open government by Designated Official appearances, participation and/or availability at business or community events.

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9. Promotion of City landmarks and/or community events.

10. Marketing promotions highlighting the achievement of local residents and businesses.

11. Promotion of intergovernmental relations, i.e., cooperation and coordination of resources between the City and other governmental agencies or entities within Sacramento County.

12. Attracting and retaining highly qualified employees in city Service.

13. Special recognition or reward of meritorious service by a City employee or for use in a City employee competition or drawing or to support general employee morale or retention.

14. Performance of a ceremonial or official function on behalf of the City, including the attendance of the Designated Official's Immediate Family.

15. Recognition of contributions made to the City by former City Council Members and City officials.

16. Promotion of special events in accordance with any City contract, including those contracts where the City as a form of consideration has required that a certain number of Tickets be made available for City use.

17. Events sponsored by the City where the City specifically seeks to enhance the City's reputation both locally and regionally by serving as hosts by providing the necessary opportunities to meet and greet visitors, dignitaries, public officials from neighboring jurisdictions, residents of the City, and their guests.

E. City Manager.

The City Council hereby delegates the authority to distribute all Tickets in accordance with this policy to the City Manager or his or her designee. In such case where the City Manager may use a Ticket, the City Council authorizes the City Attorney to determine whether the City Manager's use or distribution of tickets and/or passes is in accordance to the terms of this policy.

F. Return of Tickets.

Any Designated Official or the Designated Official's Immediate Family or guest may return any Ticket unused to the City for redistribution pursuant to this policy. Under no circumstances may either the Designated Official or the Designated Official’s Immediate Family or guest sell or further transfer any Ticket provided under this policy.

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G. Transfer Prohibition.

The transfer by any Designated Official of any Ticket distributed pursuant to the policy to any other person, except to members of the Designated Official’s Immediate Family or no more than one guest, solely for their attendance at the event, is prohibited.

H. Policy Limited to Benefits Available to Members of the Public.

Pursuant to FPPC Regulation 18944.1(f), this policy applies only to Tickets and the benefits received from the Ticket(s) that are provided to all members of the public with the same class of Ticket.

I. Public Record and Website Posting.

This Policy shall be maintained as a public record and is subject to inspection and disclosure consistent with the Public Records Act and the Political Reform Act. This policy shall be prominently posted on the City's website.

J. Website Disclosure.

The distribution of any Ticket pursuant to this policy shall be prominently posted on the City website within 45 days after the Ticket distribution and shall include all of the information as required under FPPC Regulation 18944. l(d). Any such posting shall use FPPC Form 802 or such alternative form as may be approved or amended from time to time. Such posting shall be for a period of 30 days, unless a specific duration is otherwise provided for by FPPC regulation. The postings shall be maintained as public records and are subject to inspection and disclosure consistent with the Public Records Act and the Political Reform Act.

K. No Disproportionate Use.

The disproportionate use of Tickets by any Designated Official is prohibited.

Revision Summary:
• New Policy 5/8/12, Resolution No. 8990
• Revised 9/8/26, Resolution No. 11707

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Attachment 2

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Attachment 3

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Policy Governing the Receipt and Distribution of Tickets and/or Passes.

The following standards shall apply to the distribution by the City of tickets and/or passes for admission to a facility, event, show, or performance for entertainment, amusement, recreation, or similar purposes as defined by FPPC Regulation Section 18944.1.

A. Definitions.

1. "Designated Official" shall mean a City public official required by the City's Conflict of Interest Code, as may be amended from time to time, to file a Statement of Economic interest.

2. “Ticket” shall mean a ticket and/or pass for admission to a facility, event, show, or performance for entertainment, amusement, recreation, or similar purposes (as defined by FPPC Regulation 18944.1, as amended and interpreted from time to time) that is obtained by the City, a) from an outside source, b) acquired by the City pursuant to a contract for use of City owned property, c) for a City controlled event, or d) purchased by the City at fair market value. This definition shall not include a ticket to an event where there is no admission fee, or to civic, political, community, and/or cultural activities including, but not limited to, employee recognitions, and neighborhood events, and state of the city addresses, unless expressly determined otherwise by the FPPC or judicial decision.

3. "Immediate Family" shall mean spouse and dependent children as set forth in Government Code Section 82029.

B. Purpose of Policy.

The purpose of this policy is to ensure that all Tickets provided to the City for potential distribution to Designated Officials shall be distributed in accordance with FPPC Regulation 18944.1.

C. Limitations.

1. This Policy shall only apply to the City's distribution of Tickets to, or at the behest of, a Designated Official.

These tickets are exempt from any FPPC disclosure or reporting requirements.

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3. This Policy does not apply to a Ticket received and taxable as income to the Designated Official. Such a Ticket is not a gift for purposes of FPPC disclosure or reporting requirements.

D. Public purpose.

2. Promotion of City-controlled or sponsored events, activities, or programs, public facilities and resources.

3. Promotion of tourism within the City and the surrounding area.

6. Promoting, encouraging and rewarding educational and athletic achievements by students and officials of local and regional educational institutions.

7. Promotion of City recognition, visibility, and/or profile on a local, state, national or worldwide scale including exchange programs with national and foreign officials and dignitaries.

8. Promotion of open government by Designated Official appearances,

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participation and/or availability at business or community events.

9. Promotion of City landmarks and/or community events.

10. Marketing promotions highlighting the achievement of local residents and businesses.

11. Promotion of intergovernmental relations, i.e., cooperation and coordination of resources between the City and other governmental agencies or entities within Sacramento County.

12. Attracting and retaining highly qualified employees in city Service.

13. Special recognition or reward of meritorious service by a City employee or for use in a City employee competition or drawing or to support general employee morale or retention.

14. Performance of a ceremonial or official function on behalf of the City, including the attendance of the Designated Official's Immediate Family.

15. Recognition of contributions made to the City by former City Council Members and City officials.

A. City Manager.

F. Return of Tickets.

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policy.

G. Transfer Prohibition.

H. Policy Limited to Tickets Benefits Available to Members of the Public.

Pursuant to FPPC Regulation 18944.1(f), this policy applies only to Tickets and the benefits received from the Ticket(s) that are provided to all members of the public with the same class of Ticket is not applicable to any other benefits received as a part of admission, such as food and beverages.

I. Public Record and Website Posting.

J. Website Disclosure.

The distribution of any Ticket pursuant to this policy shall be prominently posted on the City website within 30 45days after the Ticket distribution and shall include all of the information as required under FPPC Regulation 18944. l(d).

Any such posting shall use FPPC Form 802 or such alternative form as may be approved or amended from time to time. Such posting shall be for a period of 30 days, unless a specific duration is otherwise provided for by FPPC regulation.

The postings shall be maintained as public records and are subject to inspection and disclosure consistent with the Public Records Act and the Political Reform Act.

K. No Disproportionate Use.

The disproportionate use of Tickets by any Designated Official is prohibited.

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Folsom City Council
Staff Report

1 MEETING DATE:

9/8/2026
AGENDA SECTION:

Consent Calendar
SUBJECT: Resolution No. 11708 - A Resolution Authorizing the Addition of One Permanent Full-Time Administrative Assistant to the City Attorney’s Office and Appropriation of Funds

FROM: City Attorney's Office

RECOMMENDATION / CITY COUNCIL ACTION
Staff recommend that the City Council approve Resolution No. 11708 authorizing the addition of one (1) permanent full-time Administrative Assistant to the City Attorney's Office, and authorize the associated budget adjustment to fund the position for the remainder of the current fiscal year, and ongoing.

BACKGROUND / ISSUE
In October 2025, the Legal Secretary position in the City Attorney's Office was eliminated through the layoff process, a decision made under prior departmental leadership. Since that time, the office has operated without dedicated administrative or clerical support staff.

Having most recently served as Assistant City Attorney, the current City Attorney has been aware of the department's administrative support needs , even before her appointment to her current position. It was not until she was appointed City Attorney in July 2026, and in a position to formally evaluate departmental staffing needs, that she was able to bring this request forward.

It has now been almost a year since the departure of the Legal Secretary, and the workload processed in the City Attorney’s Office necessitates hiring a support position for the department.

The prior Legal Secretary position was structured around legal-specific clerical duties, such as legal document formatting, court filing procedures, and litigation support tasks. The current and anticipated needs of the office are broader in scope and are more accurately characterized

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2 as general administrative support, including calendar management, correspondence, records maintenance, and general office support for the City Attorney’s Office.

Furthermore, the incumbent hired into this role will also provide front -counter coverage and customer service for the City Manager's Office and Mayor's Office, including greeting visitors, fielding inquiries, and assisting with scheduling and correspondence – duties that fall outside the traditional Legal Secretary function and reflect a broader administrative scope.

Because the scope of duties has shifted away from the legal -specific functions, staff is requesting the addition of an Administrative Assistant position rather than reinstatement of the previously eliminated position.

POLICY / RULE
As this position wa s not included in the City's adopted FY 27 Position Allocation, Council approval is required to establish the position and authorize the associated supplemental appropriation, per the Folsom Municipal Code Section 3.02.030(H).

ANALYSIS
The first-year total compensation for this position at Step 1 is $136,114. Below is the applicable salary range, along with a detailed breakdown of the salary and benefits.

FINANCIAL IMPACT
If authorized, the addition of one permanent full-time Administrative Assistant position in the City Attorney’s Office would be in the amount of $136,114 for salary and benefits funded through the General Fund (Fund 010) for Fiscal Year 2026-27. The proposed position would increase the City Attorney’s Office staffing level from three to four full-time positions and increase the City’s overall full-time position count from 501 to 502 full-time positions.

An appropriation in the amount of $136,114 in the General Fund (Fund 010) is required to fund the position for Fiscal Year 2026 -27. The ongoing costs associated with the position would continue into future Fiscal Years and be incorporated into subsequent annual operating budget submissions. Future cost increases would be subject to the salary and benefits adjustments applicable to the Non-Exempt Confidential/Unrepresented bargaining unit.

Salary 72,033$ Range W50, Step 1
36,142$ PERS
18,500$ Benefits
5,511$ FICA
1,801$ Def Comp
1,080$ Annual Leave
600$ Retiree Health
447$ Workers' Comp
TOTAL
Benefits
136,114$
Range W50
S
alary Annual
Step 1 72,032.69
Step 2 74,193.67
Step 3 76,419.48
Step 4 78,712.06
Step 5 81,073.42
Step 6 83,505.62
Step 7 86,010.80
Step 8 88,591.12
Step 9 91,248.86
Admin Asst (Confidential)

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3 ATTACHMENTS
• Resolution No. 11708 - A Resolution Authorizing the Addition of One Permanent Full-Time Administrative Assistant to the City Attorney’s Office and Appropriation of Funds
• Job Description – Administrative Assistant (Confidential)

Submitted,

Sari Dierking, City Attorney

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Attachment 1

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Resolution No. 11708

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RESOLUTION NO. 11708

A RESOLUTION AUTHORIZING THE ADDITION OF ONE PERMANENT FULL-TIME ADMINISTRATIVE ASSISTANT TO THE CITY ATTORNEY’S OFFICE AND

APPROPRIATION OF FUNDS

WHEREAS, in October 2025, the Legal Secretary position in the City Attorney's Office was eliminated through the layoff process, and since that time the office has operated without dedicated administrative or clerical support staff; and

WHEREAS, the current City Attorney has identified that the workload processed by the City Attorney's Office necessitates the addition of a support position; and

WHEREAS, the Legal Secretary position was previously structured around legal -specific clerical duties, but current and anticipated office needs are broader, requiring general administrative support, including front-counter coverage for the City Manager's and Mayor's Offices; and

WHEREAS, because the scope of duties has shifted away from legal-specific functions, staff recommend the addition of a new Administrative Assistant position rather than the reinstatement of the previously eliminated position; and

WHEREAS, this position wa s not included in the City's adopted Fiscal Year 2027 Position Allocation, and Council approval is therefore required to establish the position and authorize the associated supplemental appropriation pursuant to Folsom Municipal Code Section 3.02.030(H);

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes the addition of one (1) permanent full -time Administrative Assistant position to the City Attorney’s Office position allocation; and

BE IT FURTHER RESOLVED that the Finance Director is authorized to appropriate $136,114 in the General Fund (Fund 010) to provide for the salary and benefits for this position.

PASSED AND ADOPTED this 8th day of September 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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City of Folsom

ADMINISTRATIVE ASSISTANT (CONFIDENTIAL)
Class Spec Code1027 Established Date08/26/2024
Last Revised Date07/20/2026 Salary Range $6,002.72 -
$7,604.07 Monthly
$72,032.69 -
$91,248.86
Annually
Bargaining UnitUNREP EEO EEO1-
Administrative
Support Workers
Occupational
Group
N/A FLSA Non-Exempt
Beneﬁt Code Unrep-Nonex Physical ClassPHY
Deﬁnition
Under general supervision, perform highly conﬁdential, responsible, specialized, and technical oﬃce support activities, with principal clerical responsibility for a variety of complex but well-deﬁned, Department-wide administrative functions; explain rules, policies, and operations related to department records and programs; provide information and assistance to the public; may coordinate administrative and clerical activities among the divisions of the department; and perform related work as required. Incumbents may oversee, monitor, and direct the work of lower level personnel.

DISTINGUISHING CHARACTERISTICS
The Administrative Assistant (Conﬁdential) is an unrepresented, singular classiﬁcation that has principal clerical responsibility for a variety of conﬁdential and complex, but well-deﬁned Department-wide administrative functions, such as budget compilation, a multi-faceted payroll, contracts, Committee or Commission minutes, document imaging, payment processing, and/or Council agenda item preparation, and may take assignments directly from a department head. Some positions may provide direct supervision for a small proportion of the time. Incumbents work independently on specialized sensitive

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administrative activities containing a high number of complex and diﬃcult tasks and assignments. This class is distinguished from the represented classiﬁcation of Administrative Assistant in that the latter does not have access to conﬁdential and sensitive labor-relations information. This class is distinguished from the class of Administrative Support Specialist in that the latter serves as primary clerical support to the City Manager.

Examples of Essential Duties
NOTE: The following are the duties performed by employees in this classiﬁcation. However, employees may perform other related duties at an equivalent level. Each individual in the classiﬁcation does not necessarily perform all the duties listed.

Act as technical resource on diﬃcult and sensitive administrative support problems or specialized issues; monitor quality and timeliness of work.

If acting as lead worker, instruct employees in the interpretation and application of regulations, policies, and procedures related to the department's programs and automated systems.

May train, assign, and monitor work of lower-level personnel.

May provide input into the evaluation of the performance of temporary or permanent staﬀ members.

Identify and provide individual instruction to co-workers for work deﬁciencies.

Coordinate schedules and meetings.

Compile budget data, participate in preparation of department's budget, and analyze draft budget ﬁgures.

Develop recommendations for revisions in organizations or procedures to reﬂect changes in operations or improvements in existing practices.

Assist the public in person, by phone, or by email; answer inquiries related to department services, programs, and operations including processing claims presented against the city; and administering executing, indexing, and archiving legal records and other complex records maintenance such as contracts, agreements, deeds, recording documents with County Recorder, and supervision of the records management program.

Prepare notices, reports, ﬂyers, letters, ﬁscal, or other documents and information.

Compile data and maintain forms and spreadsheets.

Research and assemble information and verify that information or data is complete, accurate, and consistent.

Process and maintain payroll records.

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May generate monthly performance evaluations and forward information to supervisors with appropriate forms.

Respond to surveys.

May take and transcribe Commission or Committee minutes.

Classify expenditures to the appropriate expenditure accounts, and prepare purchase order requisitions.

Provide principal clerical support for the development of Council Agenda items and meeting preparation, coordination with the centralized agenda preparation system, etc.

Process and maintain contracts and payment ﬁles.

Assist with processing and production of public records requests.

Maintain department personnel records.

Perform related duties as assigned.

The Administrative Assistant (Conﬁdential) position is responsible for the listed job duties above, as well as those listed depending on their assigned department:

City Attorney's Oﬃce
Provide direct administrative and clerical support to the City Attorney, the Assistant City Attorney, and other City Attorney’s Oﬃce staﬀ as directed by, for example, answering phones, taking messages, making appointments, scheduling meetings, setting up meeting rooms and equipment, maintaining calendars, ﬁling documents, and maintaining a follow-up system to support the City Attorney with tracking deadlines, project due dates, and other event timelines.

Welcome and direct visitors by maintaining a professional demeanor and greeting them at the front counter or on the phone, acknowledging the customer’s presence, and answering or referring inquiries and providing appropriate information.

Prepare, proof, and/or ﬁnalize a wide variety of documents such as letters, memos, agreements, reports, ordinances, resolutions, presentations, and court documents; distribute, mail, serve, and ﬁle originals.

Maintain accurate and up-to-date oﬃce ﬁles including litigation, transactional, and advisory matters. Maintain ﬁles in hardcopy and/or electronically as directed. Update, purge, and shred ﬁles consistent with City Records Retention Policy and applicable level of conﬁdentiality.

Maintain electronic ﬁling system. Maintain ﬁle storage list. Retrieve stored ﬁles and/or documents upon request.

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Coordinate and schedule meetings and appointments for attorneys. Keep attorney calendars as directed.

Research and respond to requests for sensitive and/or conﬁdential information from outside counsel.

Receive and respond to calls and visitors with tact and diplomacy; resolve resident concerns and complaints; advise the City Attorney on sensitive matters with potential impact to City’s interests and relationships.

Promote a positive City image by maintaining excellent internal and external customer relations; use sensitivity, tact, and diplomacy in all interactions; establish and maintain positive and eﬀective working relationships with coworkers, outside counsel and their staﬀ, elected and appointed oﬃcials, residents, and others contacted in the course of work at all levels; work collaboratively with staﬀ, various departments, and outside agencies or stakeholders.

Maintain law library.

Screen and distribute incoming mail.

Coordinate, schedule, process, and conﬁrm travel and other arrangements for meetings, conferences, speaking engagements, business trips, etc. by preparing itineraries, requesting travel conﬁrmations, compiling expense reports, and reconciling credit card invoices.

Organize, inventory, and order supplies for the City Attorney’s Oﬃce.

Assist other City Attorney’s Oﬃce staﬀ in the performance of their functions as directed.

Finance
Maintain records retention system for the department in accordance with Federal and State laws, and negotiate and manage the contract for storage of materials.

Contribute to the goal of having transparency in the City's ﬁnancial and other records by designing, modifying, and keeping current the webpage for the department. Coordinate and track all public records requests to the department.

Maintain the City credit card system by processing the issuance and cancellation of credit cards in accordance with City Policy and monitoring compliance.

Post daily journal entries and maintain general ledgers, reports and ﬁles.

Prepare daily cash deposit and daily cash reconciliation updates/postings.

Process daily to weekly budget adjustments, purchase requisitions, purchase orders, invoice processing, and Finance mail distribution.

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Compile and maintain ﬁnancial and statistical data and prepare and assist in preparing ﬁnancial reports and analyses, such as the Prop 172 report, the economic trend report, and the Annual Comprehensive Financial Report.

Assist in gathering information for and the compilation of the operating and CIP budgets.

Assist other ﬁnance department staﬀ in the performance of their functions.

Human Resources
Verify salary adjustment data (P-1 forms) for accuracy and forward to payroll timely. Provide guidance on completing P-1 forms accurately and timely to departments as needed.

Collect and compile payroll timesheets, leave reports, and payroll change reports, ensuring accuracy and timelines are met.

Coordinate and maintain City ID Badge program.

Employment Standards
NOTE: The level and scope of the knowledge and abilities listed below are related to job duties as deﬁned under "Distinguishing Characteristics."

Knowledge of:

Oﬃce management methods and procedures.

Principles of business administration, budget administration, accounting, payroll, and personnel administration.

Principles and practices of taking formal minutes of Committees or Commissions
Modern oﬃce practices, and department speciﬁc methods, procedures, policies, and regulations.

Programs, goals, and purpose of the assigned department.

English grammar, vocabulary, spelling, and punctuation.

Business letter writing and basic report preparation.

Leadwork and staﬀ development techniques and practices.

Common word processing, spreadsheet, and database software.

Modern oﬃce equipment and computer software, including scanning, printing, faxing, electronic document classiﬁcation, and word processing, spreadsheet, presentation, accounting, and database software.

Principles of records management.

Calendaring, ﬁling methods, editing, and proofreading.

Ability to:

Analyze administrative problems and develop recommendations.

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Prepare and analyze statistical data, tables, and charts, and make basic mathematical calculations.

Plan, evaluate, train, and supervise work of others.

Answer a variety of questions related to department programs and processes.

Exercise sound judgment when initiating processes, actions, and alternatives within established procedures and regulations.

Provide verbal and written instruction to others.

Prioritize, organize, assign, and monitor workload.

Learn the basic principles as well as the highly specialized components of the automated systems used in the department.

Apply the rules, regulations, policies, and procedures pertaining to initial application for the assigned department's services.

Apply appropriate questioning content and techniques for interviewing applicants.

Enter data accurately into automated system and identify methods to independently verify the accuracy of the data entry.

Locate, identify, and correct inaccurate or incomplete information.

Eﬀectively communicate verbally and in writing.

Establish and maintain eﬀective working relationships with those contacted in the course of employment, including elected and appointed oﬃcials, executives, and City staﬀ while maintaining a professional demeanor.

Develop understanding of City departments and outside agencies as necessary.

Type at a speed necessary for successful performance on the job.

Maintain attention to detail by prioritizing work and coordinating several activities simultaneously despite interruptions.

Organize work, set priorities, meet critical deadlines, and follow up on assignments with a minimum of supervision. Perform diﬃcult and responsible administrative support work eﬃciently and accurately in a fast- paced environment.

The Administrative Assistant (Conﬁdential) position is responsible for the employment standards above, as well as those listed depending on their assigned department:

City Attorney's Oﬃce
Ability to maintain strict conﬁdentiality of all project assignments and City legal issues.

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Ability to anticipate need of the City Attorney and Assistant City Attorney; research and gather necessary information for meetings, reports, projects, appearances.

Ability to maintain conﬁdential data and information for executive staﬀ.

Minimum Qualiﬁcations
Education:

Associate's degree from an accredited college or university in accounting, business or similar area or the equivalent in college semester hours/credits.

Experience:

Three (3) years of full-time, increasingly responsible administrative secretarial experience.

Substitution:

Additional qualifying experience can be substituted for the required education on a year-for-year basis.

License, Certiﬁcate, Registration Requirements:

At the option of the City, persons hired into this class may be required to either possess at entry or obtain within speciﬁed time limits, designated licenses, certiﬁcates or specialized education and training relevant to the area of assignment. Additional requirements may include, but are not limited to the following:

Some positions may require the possession of, or the ability to obtain and retain, a California Class C driver license by the time of appointment.

Individuals who do not meet this requirement due to a disability will be evaluated on a case-by-case basis.

Notary Public Commission
Physical Requirements:

Work is performed in a typical oﬃce environment. (1) Mobility: frequent use of keyboard; frequent sitting for long periods of time; occasional bending or squatting. (2) Lifting: frequently up to 10 pounds; occasionally up to 25 pounds. (3) Vision: constant use of overall vision; frequent reading and close-up work; occasional color and depth vision. (4) Dexterity: frequent repetitive motion; frequent writing; frequent grasping, holding, and reaching. (5) Hearing/ Talking:
frequent hearing and talking, in person and on the phone. (6) Emotional/ Psychological: frequent decision-making and concentration; frequent publicPage 277 09/22/2026 Item No.14.
and/or coworker contact; occasional working alone. (7) Environmental: frequent exposure to noise. (8) Ability to multi-task and balance frequently changing workload and priorities.

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Folsom City Council
Staff Report

1 MEETING DATE:

9/8/2026
AGENDA
SECTION:

Public Hearing
SUBJECT: Ordinance No. 1374– An Ordinance of the City of Folsom for the Repeal and Re-Enactment of Chapter 17.102 (Density Bonus) of the Folsom Municipal Code (Introduction and First Reading), and Determination that the Action is Not Subject to
Environmental Review Under the California Environmental Quality Act (CEQA)

FROM: Community Development Department

RECOMMENDATION / CITY COUNCIL ACTION

Conduct the first reading of Ordinance No. 1374– An Ordinance of the City of Folsom for the Repeal and Re-Enactment of Chapter 17.102 (Density Bonus) of the Folsom Municipal Code and Determination that the Action is Not Subject to Environmental Review Under the California Environmental Quality Act (CEQA).

BACKGROUND / ISSUE

Project Context
The City of Folsom’s Density Bonus Ordinance, Chapter 17.102 of the Folsom Municipal Code, plays a key role in promoting the development of affordable housing. Adopted in 2002 and amended in 2005, the ordinance is intended to govern density bonuses for res idential projects that meet specified affordable housing percentages, consistent with State Law.

The city’s 2021 –2029 Housing Element identifies the need to update the Density Bonus Ordinance to ensure consistency with current State Density Bonus Law as part of the broader zoning code update. Due to delays in the comprehensive zoning code update, this upda te has not yet been completed. In the interim, the city has relied on State density bonus requirements when processing qualifying projects.

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2 In recent years, density bonus provisions have been applied to several affordable housing projects, including Mangini Place Apartments, Harrington Grove Apartments, Vintage Senior Apartments, and the Persifer Street Habitat for Humanity for-sale project.

State Density Bonus Law Alignment
The California Density Bonus Law, originally enacted in 1979, requires cities and counties to provide density bonuses, incentives, concessions, parking reductions, and development standard waivers for housing developments that include qualifying levels of affordable or senior units. Califo rnia courts have consistently recognized that the purpose of the law is to incentivize the production of affordable housing by allowing developers who include specified percentages of lower income units to exceed what local zoning would otherwise permit.

Under State density bonus requirements, a city must grant a density bonus and related incentives upon request when a project meets the applicable affordability thresholds. These requirements are mandatory and are intended to remove local regulatory barriers to producing affordable housing.

Since the city’s 2005 update, the State density bonus requirements have evolved through a series of legislative amendments, including several substantial changes in recent years. A table summarizing the major legislative updates to State density bonus requirements i s provided in Attachment 3. These cumulative changes, intended to expand affordable housing opportunities and reduce local regulatory barriers, have established clear statewide standards that guide how jurisdictions must evaluate qualifying housing projects.

As statewide reforms continue to expand and refine provisions related to eligibility, bonus calculation methods, development standard waivers, incentives and concessions, parking reductions, and administrative procedures, several sections of the city’s existing ordinance have become inconsistent with current State requirements.

To maintain alignment with the latest State density bonus requirements and support the city’s affordable housing goals, the ordinance must be updated as required by Government Code section 65915. Because the Legislature now revises these requirements almost annually, staff recommends structuring the ordinance to reference State law directly, rather than restating statutory language. This approach aims to ensure the ordinance remains consistent with future legislative amendments and avoids becoming outdated as new housing legislation takes effect.

Summary of Proposed Ordinance Updates

1. Updated Purpose and Intent Section (Section 17.102.010)

The updated Purpose and Intent section clarifies that the city must interpret and apply the ordinance in a manner consistent with State Density Bonus Law, and that State law governs in the event of any conflict. This revision reflects HCD guidance and strengthens the ordinance’s legal defensibility.

2. Updated Definitions - Defer to State Density Bonus Law (Section 17.102.020)

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3 The updated Definitions section reduces the number of defined terms in the ordinance by deferring to the definitions contained in State Density Bonus Law, ensuring consistency and avoiding conflicts with statutory language. As a result, the ordinance no longer defines terms that are already established in State Law, improving clarity for both applicants and staff.

3. Clarified Density Bonus Calculation (Section 17.102.030 (B))

The update includes defining “base density” in a manner consistent with Government Code Section 65915(f), clarifying that fractional units are rounded up, and explaining how inclusionary units may be applied toward density bonus eligibility. These changes ensure that density calculations remain accurate, consistent, and compliant with State requirements.

4. Updated Incentive and Concession Provisions (Section 17.102.030(C) and Section

17.102.060(B))

The updated incentive and concession provisions incorporate the statutory definition of incentives and concessions, specify that the allowable number of incentives or concessions is established in Government Code Section 65915(d), clarify that qualifying projects are eligible for incentives and concess ions regardless of whether they utilize an increase in density, and state that such projects must be approved without requiring alternative designs or reductions in density. These updates bring the city’s procedures into full alignment with State law.

5. Updated Waiver Provisions (Section 17.102.030 (D) and Section 17.102.060 (B))

The updated waiver provisions confirm that applicants may request an unlimited number of waivers of development standards, clarify that the city may not require feasibility analyses, pro formas, or alternative designs in connection with a waiver request, and require approval of requested waivers unless the specific findings in Section 65915(e) can be made. These revisions ensure that development standards are not applied in a way that would physically prevent qualifying projects from being constructed.

6. Updated Parking Ratio Requirements (Section 17.102.030 (E))

The updated parking ratio requirements incorporate the maximum parking ratios established in Government Code Section 65915(p) and clarify that parking studies may not be required and that parking reductions operate independently of incentives, concessions, and waivers. These updates strengthen consistency with State law .

7. Added Affordable Housing Agreement Requirement (17.102.050)

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4 The updated ordinance now requires an Affordable Housing Agreement for any project receiving a density bonus, incentive, parking reduction, or waiver, and mandates that the agreement be recorded prior to approval of a final or parcel map or issuance of building permits. This ensures that long -term affordability commitments are legally binding, transparent, and enforceable, and strengthens the city’s ability to monitor compliance with State Density Bonus Law.

8. Updated Application Requirements and Review Procedures

The updated ordinance now includes clear timing requirements for application submittal, a detailed list of required application materials, a completeness review process consistent with the Permit Streamlining Act, and a consolidated findings section specifying the only allowabl e basis for denial. These additions streamline the review process and improve transparency for applicants.

Together, these updates ensure that the city’s density bonus ordinance remains consistent with current State law, improves clarity for applicants, and strengthens the city’s ability to implement its affordable housing objectives. Adoption of the updated or dinance will help maintain compliance with ongoing legislative changes and support streamlined, legally defensible housing approvals.

Public Outreach
Ahead of the Planning Commission hearing, staff notified stakeholders by email regarding the proposed updates to the city’s Density Bonus Ordinance and provided a link to the staff report and draft ordinance. Notifications were sent to the North State Building Industry Association (BIA), the Sacramento Housing Alliance (SHA), and affordable housing developers. The city received one response from SHA expressing support for the update and appreciation for the outreach.

Planning Commission Hearing
The Planning Commission considered this item at their August 19, 2026, meeting. Following the staff presentation on Ordinance No. 1374, the Commission briefly discussed with staff the three minor clarifying revisions included in the green sheet. N o public comments were received.

The Planning Commission adopted a motion (6 -0-0-1, with one member absent) recommending that the City Council adopt the proposed Ordinance No. 13 74 and determine that the project is not subject to CEQA.

Once adopted by the city, the new Density Bonus Ordinance will be subject to review and approval by the California Housing and Community Development Department (HCD ) to ensure consistency with State Law.

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5 POLICY / RULE

Government Code Section 65915 specifies certain requirements that the city must meet pertaining to density bonuses, as well as certain incentives that must be considered when a developer constructs a residential project containing specified percentages of housing for low and very low-income households. These provisions of St ate law are mandatory and conflict with certain provisions of the city’s current density bonus ordinance. This ordinance is proposed to bring the city’s density bonus ordinance in line with the requirements of State law.

Under Section 2.12 of the City Charter, amendments to the Folsom Municipal Code require review and approval by the City Council.

Furthermore, the city’s 2021–2029 Housing Element, which is part of the city’s General Plan, requires that the city update its density bonus ordinance to ensure consistency with State law.

ANALYSIS

The city’s 2021 – 2029 Housing Element includes Program H-13, which requires updating the city’s Density Bonus Ordinance to reflect changes in State Density Bonus Law as part of the broader zoning code update. The anticipated timeframe for this update was 2021; however, due to delays in the comprehensive zoning code update and the frequent legislative changes to State law, the required update has not yet been completed. Given these circumstances, staff recommends moving forward now to bring the ordinance into compliance and structuring the update in a way that reduces the need for frequent future revisions.

State Density Bonus Law Updates and Need for Local Action In recent years, the Legislature has enacted numerous updates to State Density Bonus Law. As outlined in the State Housing Law Alignment section, these changes have rendered portions of the city’s existing ordinance outdated or inconsistent with current State requirements. Given these legislative changes and the delay in the full zoning code update, staff finds it appropriate to bring the ordinance into compliance now. Updating the ordinance at this time will restore consistency with State law and help minimize the need for frequent amendments as State requirements continue to evolve.

Role of the Density Bonus Program
Density bonus provisions remain an important tool for encouraging developers to construct additional housing units and ensuring the inclusion of lower and moderate-income units in new residential projects. Consistent with the city’s adopted Housing Element, Folsom remains committed to promoting equitable access to housing and supporting the development of new homes that meet the needs of all economic segments of the community.

Applicable General Plan Goals and Policies
The following City of Folsom General Plan policies support increasing housing capacity, encouraging a range of housing types, and improving the efficiency of the development review

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6 process. Updating the Density Bonus Ordinance is consistent with and helps implement these policies:

Policy H-1.1 – Sufficient Land for Housing. The city shall ensure that sufficient land is designated and zoned in a range of residential densities to accommodate the city’s regional share of housing.

Policy H -1.3 – Multi-family Housing Densities. The city shall encourage home builders to develop their projects on multi -family-designated land at the high end of the applicable density range.

Policy H -3.6 – Density Bonus. The city shall continue to make density bonuses available to affordable and senior housing projects, consistent with State law and Title 17 of the Folsom Municipal Code.

Conclusion
The proposed ordinance modernizes local regulations to reflect current State density bonus requirements, removes outdated or conflicting provisions, and establishes a clearer, more efficient framework for reviewing and administering density bonus requests. Replacing the ordinance ensures continued compliance with State mandates, reduces potential legal exposure, improves consistency and transparency for applicants and staff, and supports the city’s long-term housing production and affordability goals.

FINANCIAL IMPACT
The proposed update to the City of Folsom’s Density Bonus Ordinance is not expected to have a direct impact on the General Fund. The proposed amendments align the ordinance with current State Density Bonus Law and review of density bonus requests will continue to occur as part of standard project review within existing departmental workloads. Any future fiscal effects would result from private development rather than from adoption of the ordinance itself.

ENVIRONMENTAL REVIEW

The proposed ordinance is not a “Project” requiring environmental review under the California Environmental Quality Act (CEQA). "Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment” are excluded from the definition of “Project” as defined by the CEQA Guidelines. (Section 15378(b)(5).) Here, the proposed ordinance will bring the city’s Density Bonus Ordinance into compliance with state law and is ministerial in nature as it does not involve any discretionary decision-making by the city’s legislative body.

Even if the proposed ordinance could be considered a “Project,” the ordinance is exempt from CEQA pursuant to Section 15061(b)(3) “(Common Sense) of the CEQA Guidelines because it revises local procedures and regulatory requirements and does not authorize any activity that could cause a physical change to the environment. Any future projects will undergo their own

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7 CEQA review, and there is no possibility of a significant environmental impact that will occur from the proposed action. Accordingly, the ordinance update is not subject to CEQA.

ATTACHMENTS

1. Ordinance No. 1374 - An Ordinance of the City of Folsom for the Repeal and Re -

Enactment of Chapter 17.102 (Density Bonus) of the Folsom Municipal Code and Determination that the Action is Not Subject to Environmental Review Under the California Environmental Quality Act (CEQA).

2. Existing FMC Chapter 17.102 (Density Bonus) To Be Repealed

3. Major Legislative Updates to State Density Bonus Requirements (2018–2025)

Submitted,

Pam Johns, Community Development Director

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ATTACHMENT 1

Ordinance No. 1374 - An Ordinance of the City of Folsom for the Repeal and Re-Enactment of Chapter 17.102 (Density Bonus) of the Folsom Municipal Code, and Determination that the Action is Not Subject to Environmental Review Under the California Environmental Quality Act (CEQA).

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ORDINANCE NO. 1374

AN ORDINANCE OF THE CITY OF FOLSOM FOR THE REPEAL AND
RE-ENACTMENT OF CHAPTER 17.102 (DENSITY BONUS) OF THE

FOLSOM MUNICIPAL CODE

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

SECTION 1 PURPOSE
The purpose of this ordinance is to amend the Folsom Municipal Code to ensure consistency with State Density Bonus Law. The ordinance establishes the city’s specific procedures, responsibilities, and required findings for implementing the Density Bonus Law.

SECTION 2 REPEAL AND RE-ENACTMENT TO CODE
Chapter 17.102 of the Folsom Municipal Code is hereby repealed and re-enacted to read as follows:

Chapter 17.102

DENSITY BONUS

Sections:

17.102.010 Purpose and intent.

17.102.020 Definitions.

17.102.030 Implementation.

17.102.040 Development standards for Affordable units.

17.102.050 Affordable housing agreement.

17.102.060 Application requirements and review.

17.102.010 Purpose and Intent.

This density bonus chapter establishes the city’s density bonus program, which provides density bonuses, incentives, concessions, and waivers or reduction of development standards for the production of housing and implements California Government Code Sections 65915, et seq. , as amended from time to time. The program is intended to support the development of housing for very low-, low-, and moderate -income households, as well as senior housing, student housing, housing for persons with disabilities, and other qualified housing types as provided by state law.

In enacting this chapter, it is the intent of the City of Folsom to affirm its commitment to implementing the goals, objectives, and policies of the housing element of the general plan, and to encouraging the development of a diverse range of housing opportunities within the community.

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This chapter shall be interpreted and applied liberally to effectuate the purposes of State Density Bonus Law. Nothing in this chapter shall be construed to impose requirements or limitations on density bonus projects beyond those authorized by Government Code section 65915 et seq. If any provision of this chapter conflicts with State Density Bonus Law, State law shall control. (Ord. 1145 § 2 (part), 2011)

17.102.020 Definitions.

The terms used in this chapter, including those defined below, have the meanings provided in this title and in Government Code section 65915 et seq. In the event of a conflict between definitions, state law shall control.

A. “Affordable unit” means a housing unit affordable to a lower income household.

B. “ Affordable housing agreement” means a recorded agreement between the applicant or property owner and the city that outlines the affordable housing obligations for a project approved under this ordinance or Government Code Section 65915.

C. “Applicant” means the property owner or any person or entity authorized in writing by the property owner to apply for a density bonus, incentive, concession, waiver, or related approval under this chapter.

D. "Concession" or "Incentive" means any of the following:

1. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs or for rents for the targeted units to be set.

2. Approval of mixed -use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.

3. Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable and actual cost reductions to provide for affordable housing costs or for rents for the targeted units to be set.

E. “Housing development” means any residential or mixed-use project that includes dwelling units and is eligible for a density bonus under State Density Bonus Law.

F. “Lower income household” means a household whose income does not exceed eighty percent of the area median income (AMI) for the county or metropolitan area, adjusted for household size,

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as determined annually by the California Department of Housing and Community Development (HCD) pursuant to state law. Lower income households include very low income, extremely low income, and acutely low income households unless otherwise specified.

G. "Maximum allowable residential density" means the greatest number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted, means the greatest number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project. Density shall be determined using dwelling units per acre. However, if the applicable zoning ordinance, specific plan, or land use element of the general plan does not provide a dwelling -units-per-acre standard for density, then the local agency shall calculate the number of units by:

1. Estimating the realistic development capacity of the site based on the objective development standards applicable to the project, including, but not limited to, floor area ratio, site coverage, maximum building height and number of stories, building setbacks and stepbacks, public and private open-space requirements, minimum percentage or square footage of any nonresidential component, and parking requirements, unless not required for the base project. Parking requirements shall include considerations regarding number of spaces, location, design, type, and circulation. A developer may provide a base density study and the local agency shall accept it, provided that it includes all applicable objective development standards.

2. Maintaining the same average unit size and other project details relevant to the base density study, excepting those that may be modified by waiver or concession to accommodate the bonus units, in the proposed project as in the study.

H. “Targeted unit” means dwelling units within a housing development which will be reserved for sale or rent to lower income households, or senior residents.

I. "Waiver" or "Reduction of development standards" means a local development standard that will either be reduced or not enforced because the development standard would physically prevent the project from being built at the permitted density and with the granted concessions or incentives.

17.102.030 Implementation.

A. Density Bonus Eligibility. A housing development is eligible for a density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratio reductions in accordance with Government Code section 65915. To request a density bonus, the applicant shall identify the applicable eligibility category under Government Code section 65915, including but not limited to affordable housing, senior housing, student housing, land donation, child -care facilities, or commercial development bonuses. The applicant shall also identify the percentage, number, and income level of the restricted units proposed to qualify the project under state law.

The city may require reasonable documentation to establish eligibility for a requested density bonus.

If the housing development is proposed on any property that includes a parcel or parcels on which

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rental dwelling units are located or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, and meets the requirements listed in Government Code section 65915(c)(3)(A), the applicant shall be ineligible for a density bonus or any other incentives or concessions unless the proposed housing development replaces those units, and either Government Code section 65915(c)(3)(A)(i) or (ii) apply.

If a housing development meets the eligibility criteria under Government Code section 65915, the city shall grant the density bonus and any related incentives, concessions, waivers, or parking reductions required by State law.

B. Density Bonus Calculation. The maximum density bonus a housing development project may receive shall be calculated in accordance with Government Code section 65915 , including the density bonus provisions for affordable housing, land donation, child -care facilities, and commercial development . Maximum allowable residential density shall be calculated in accordance with the maximum allowable density under the applicable zoning, specific plan, or general plan designation, consistent with Government Code section 65915(f). The following provisions apply to the calculation of density and affordable unit requirements:

1. Rounding of Units. Any fractional unit resulting from the calculation of maximum allowable residential density or bonus density shall be rounded up to the next whole number. Any fractional affordable unit required to qualify for a density bonus shall also be rounded up to the next whole number.

2. Units Counted Toward Qualification. Units added through a density bonus shall not be included when determining the number of affordable units required to qualify for the bonus. affordable units provided on site to satisfy the city’s inclusionary housing requirements pursuant to Folsom Municipal Code Chapter 17.104 may also be used to qualify for a density bonus if they meet the affordability requirements of Government Code section 65915. Payment of in -lieu fees in place of constructing affordable units shall not be used to qualify a project for a density bonus.

3. Election of Bonus Amount. An applicant may elect to accept a density bonus that is less than the maximum permitted, or to forgo a density bonus entirely, provided that the minimum affordable housing requirements of Government Code section 65915 are met.

C. Incentives or Concessions. A qualifying housing development is entitled to receive the number of incentives or concessions specified in Government Code section 65915(d), regardless of whether it elects to use the density bonus.

1. Types of Incentives or Concessions. In accordance with, and further defined in Government Code section 65915(k), incentives or concessions include:
a. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards as specified in Government Code section 65915(k) that would otherwise be

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required that results in identifiable and actual cost reductions to provide for affordable housing costs , as defined in section 50052.5 of the Health and Safety Code, or for affordable rents for the targeted units to be set as specified in Government Code section 65915(c).
b. Approval of mixed -use zoning in conjunction with the housing development if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located as determined by the city in its reasonable discretion.
c. Other regulatory incentives or concessions proposed by the applicant or the city that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in section 50052.5 of the Health and Safety Code, or for affordable rents for the targeted units to be set as specified in Government Code section 65915(c).

2. 100% Affordable Projects. For a housing development in which 100% of the units, exclusive of a manager’s unit, are affordable to lower -income households, the city may grant a reduction in the minimum base density as a concession or incentive, provided that the applicant demonstrates that the reduction would result in an identifiable and actual cost savings to the project or that, absent such reduction, the project would be physically precluded from being constructed.

3. Approval Standard. The city shall grant a requested concession or incentive unless it makes a written finding , based on substantial evidence, of any of the reasons listed under Government Code section 65915(d)(1)(A)–(C).

D. Waivers or Reductions of Development Standards. In accordance with Government Code section 65915(e), the applicant for a housing development that qualifies for a density bonus may request waivers or reductions of development standard that would physically preclude construction of the housing development project at the permitted density or with the concessions or incentives.

For purposes of this section, development standards include, but are not limited to, height limits , setback requirements, lot coverage, and Floor Area Ratio (FAR).

1. SThe applicant may submit a proposal for waivers or reductions of any development standard that would physically preclude the construction of the housing development at the density or with the incentives or concessions permitted by Government Code section 65915. The city shall not require the applicant to reduce the project’s density or incentives as a condition of requesting or receiving a waiver.

2. The city shall grant a requested waiver or reduction of a development standard unless it makes a written finding, permitted under Government Code section 65915(e).

3. A request for a waiver or reduction of development standards is separate from incentives or concessions and does not count toward the number of incentives.

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4. There is no limit on the number of waivers or reductions in development standards an applicant may request or receive, provided the applicant demonstrates that each requested waiver is necessary to physically accommodate the project at the permitted density or with the permitted incentives or concessions.

5. The city may engage in a voluntary, collaborative design dialogue with the applicant regarding requested waivers or reductions, including offering advisory recommendations to address community concerns or to explore ways the project might better align with overarching principles of the general plan, zoning ordinance, or design and development standards. All such recommendations shall be advisory only and shall not be a condition of approval unless voluntarily agreed to by the applicant. The city shall not require the applicant to modify the project, alter or withdraw any requested waiver or reduction in development standards, or otherwise delay, impede, or reduce the applicant’s entitlement to waivers or reductions in development standards required under Government Code section 65915, subdivision (e).

E. Parking Ratios. In accordance with Government Code section 65915(p), the parking requirements for a housing development that qualifies for a density bonus shall not exceed the maximum parking ratios established by state law. These parking ratios apply notwithstanding any other provision of this Code. Parking reductions do not limit or reduce the applicant’s entitlement to incentives, concessions, or waivers. The city shall not require the applicant to provide a report or study that is not otherwise required by state law , but it may require reasonable documentation to establish eligibility for the parking ratios established by state law.

F. Effect of Gran ting Density Bonus , Incentive, Concession, or other Modifications . In accordance with Government Code section 65915(j), the granting of a density bonus, incentives, concessions or waivers, reductions of development standards, and/or parking reductions shall not, in and of itself, require to be interpreted, to require a general plan amendment, specific plan amendment, zoning change, study or other discretionary approval.

17.102.040 Development Standards for Affordable Units.

A. Affordable units shall be constructed concurrently with market-rate units unless both the city and the applicant agree, in writing, to an alternative schedule for development.

B. Affordable units shall be integrated into the housing development to the greatest extent feasible. Where feasible, the bedroom count and bedroom mix of the affordable units shall be generally consistent with the bedroom mix of the non -affordable units, except that the applicant may provide a higher proportion of affordable units with more bedrooms. The design, materials, and exterior appearance of the affordable units shall be compatible with, and comparable to, the overall design of the housing development.

17.102.050 Affordable Housing Agreement
A. Requirement for Affordable Housing Agreement. If a density bonus, incentive or concession, parking reduction, or waiver or reduction of development standards is approved

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pursuant to this chapter, the applicant shall enter into a binding affordable housing agreement or restrictive covenant with the city. The form and content of the affordable housing agreement shall be approved by the Community Development Director and the City Attorney.

B. Compliance and Enforcement. The affordable housing agreement shall establish compliance standards and identify the remedies available to the city in the event the applicant fails to comply with State Density Bonus Law, this chapter, or the affordable housing agreement.

C. Recordation and Timing. The executed affordable housing agreement shall be recorded against the housing development prior to final or parcel map, or, if no map is required, prior to issuance of any building permit for the housing development.

D. Binding Effect. The affordable housing agreement shall run with the land and shall be binding on all future owners, successors, and assigns for the duration of the required affordability period.

17.102.060 Application Requirements and Review for Density Bonus Projects.

A. Application Timing and Processing. An application for a density bonus, incentive or concession, waiver or reduction of a development standard, or revised parking standard pursuant to this Chapter shall be submitted with the first application for approval of the housing development. The request shall be processed concurrently with all other required applications in accordance with applicable State law, including but not limited to the Permit Streamlining Act.

B. Application Contents. The application shall be submitted on a form prescribed by the city and shall include, at minimum, the following information:

1. Site Plan
A site plan showing:
• Total number of units;
• Number and location of affordable units;
• Number and location of proposed density bonus units.

2. Affordability Information.

The target income levels of the affordable units and the proposed method(s) for ensuring affordability.

3. Requested Incentives, Concessions, waivers, or Parking Reductions A description of all requested incentives or concessions, waivers or reductions of development standards, or modified parking standards.

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Ordinance No. 1359

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a. Incentives or Concessions . For any requested incentive or concession, the application shall include sufficient information for the city to evaluate the request in accordance with Government Code section 65915.
b. Waiver or Reduction of Development Standards . For any requested waiver or reduction of a development standard, the applicant shall provide sufficient information for the city to determine that the development standard would physically preclude construction of the residential project at the permitted density and with the requested incentives or concessions. The city shall not require the applicant to provide alternative designs, pro formas, or feasibility studies as a condition of requesting or receiving a waiver.
c. Parking Reductions. A summary table showing parking required by the zoning regulations, parking proposed under state density bonus law, and sufficient information for the city to determine that the housing development is eligible for the requested parking reductions. The city shall not require parking studies or additional documentation beyond what is necessary to verify eligibility under Government Code section 65915(p).

4. Requests Based on Any Qualifying Category Under State Law.

For any request made pursuant to a qualifying category under Government Code section 65915, the application shall include sufficient information to demonstrate that the project satisfies all applicable statutory requirements and findings for that category.

C. Application Review.

1. Completeness Review . Upon submittal, the city shall review the application for completeness in accordance with Government Code section 65943. If the application is determined to be incomplete, the city shall provide written notice identifying the additional information required in accordance with Government Code section 65943.

2. Eligibility Review. The city shall review the application to verify that the housing development qualifies for a density bonus and any requested incentives, concessions, waivers, reductions of development standards, or parking reductions pursuant to Government Code section 65915.

3. Required Findings. The review authority shall approve a density bonus and any requested incentives, concessions, waivers, reductions of development standards, or parking reductions unless it makes written findings as specified under Government Code section 65915, including, as applicable:
a. The incentive or concession does not result in identifiable and actual cost reductions to provide for affordable housing costs or for rents;
b. The incentive or concession would have a specific adverse impact, as defined in the Government Code, on public health or safety, or on a property listed in the

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Ordinance No. 1359

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California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the adverse impact without rendering the development unaffordable to low-income and moderate-income households; c. The concession or incentive would be contrary to state or federal law. d. The waiver or reduction of a development standard is not necessary to physically accommodate the housing development at the permitted density and with the requested incentives or concessions.

4. Conditions of Approval. Any approval of a density bonus, incentive or concession, waiver or reduction of a development standard, or revised parking standard may include conditions necessary to ensure compliance with Government Code section 65915 and this chapter.

In accordance with Government Code section 65915(j), the granting of a density bonus, incentives, concessions or waivers, and/or reductions of development standards shall not, in and of itself, require a general plan amendment, specific plan amendment, zoning change, study or other discretionary approval.

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

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

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Ordinance No. 1359

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This ordinance was introduced and the title thereof read at the regular meeting of the City Council on September 8, 2026, and the second reading occurred at the regular meeting of the City Council on September 22, 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 22nd day of September, 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

Existing FMC Chapter 17.102 (Density Bonus) To Be Repealed

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EXISTING FMC CHAPTER 17.102 TO BE REPEALED
Chapter 17.102

DENSITY BONUS AND OTHER DEVELOPER INCENTIVES
Sections:

17.102.010 Purpose and intent.

17.102.020 Definitions.

17.102.030 Implementation.

17.102.040 Development standards.

17.102.050 Additional incentives or concessions.

17.102.055 Additional density bonus for child care facility.

17.102.060 Application requirements and review.

17.102.065 Resale and occupancy restrictions on moderate income units.

17.102.070 Expiration and extension.

17.102.080 Appeal procedure.

17.102.090 Other provisions.

17.102.010 Purpose and intent.

This density bonus chapter is intended to provide incentives for the production of housing in accordance with Sections 65915 and 65917 of the California Government Code for very low, low, and moderate income households and senior households. In enacting this chapter, it is the intent of the city of Folsom to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the city’s housing element. (Ord. 1145 § 2 (part), 2011)

17.102.020 Definitions.

Whenever the following terms are used in this chapter, they shall have the meaning established by this section:

A. “Additional incentives or concessions” means such regulatory incentives or concessions as specified in California Government Code Section 65915(i) which include the reduction of site development standards or a modification of zoning code requirements or architectural design requirements, approval of mixed use zoning in conjunction with the housing development, direct financial assistance, or other regulatory incentives or concessions which result in identifiable cost reductions.

B. “Affordable rent” means monthly housing expenses, including a reasonable allowance for utilities (excluding telephone), for rental target units reserved for very low or low income households, not exceeding the following calculations:

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1. Very low income: thirty percent of fifty percent of area median income (adjusted for household size).

2. Low income: thirty percent of eighty percent of area median income (adjusted for household size).

C. “Affordable sales price” means a sales price at which moderate, low, or very low income households can qualify for the purchase of target units, calculated on the basis of underwriting standards of mortgage financing available for the development.

D. “Affordable unit” means a housing unit affordable to a low income household or very low income household.

E. “Area median income” means the median income for the Sacramento Primary Metropolitan Statistical Area (PMSA) (El Dorado, Placer and Sacramento Counties) as established and periodically updated by the U.S. Department of Housing and Urban Development.

F. “Condominium” means and includes:

1. “Condominium” as defined by Section 783 of the Civil Code;

2. “Community apartment project” as defined by Section 11004 of the Business and Professions Code;

3. “Stock cooperative” as defined by Section 11003.2 of the Business and Professions Code; and

4. “Planned development” as defined by Section 11003 of the Business and Professions Code.

The term “condominium” specifically includes, but is not limited to, the conversion of any existing structure for sale pursuant to a method described in subsections (F)(1) through (4) of this section.
“Condominium conversion” or “conversion” means a change in the ownership of a parcel or parcels of property, together with structures thereon, whereby the parcel or parcels and structures previously used as rental units are changed to condominium ownership. “Condominium project” or “project” includes the real property and any structures thereon, or any structures to be constructed thereon, which are to be divided into condominium ownership.
“Condominium units” or “units” means the individual spaces within a condominium project owned as individual estates.

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G. “Density bonus” means a density increase over the otherwise maximum allowable residential density under the city’s land use element of the general plan, zoning ordinances and any applicable specific plan as of the date of application by the applicant/developer to the city. (Government Code Section 65915(g).)
H. “Density bonus units” means those residential units granted pursuant to the provisions of this chapter which exceed the otherwise maximum residential density for the development site.

I. “Housing cost” means the sum of actual or projected monthly payments for all of the following associated with for-sale target units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowner association fees, and a reasonable allowance for utilities (excluding telephone).

J. “Housing development” means one or more groups of projects for residential units, including (1) a project to substantially rehabilitate and convert an existing commercial building to residential use, or (2) the substantial rehabilitation of an existing multifamily dwelling, as defined in Government Code Section 65863.4(d), where the result of the rehabilitation would be a net increase in available residential units.

K. “Low income household” means households as defined in Health and Safety Code Section 50079.5, whose income does not exceed the low income limits applicable to the city as published and periodically updated by the State Department of Housing and Community Development.

L. “Nonrestricted unit” means all units within a housing development excluding the target units.

M. “Senior citizen housing development” means a residential development developed, substantially rehabilitated, or substantially renovated for senior citizens that has at least thirty- five dwelling units and complies with the requirements in Civil Code Section 51.3.

N. “Target unit” means a dwelling unit within a housing development which will be reserved for sale or rent to very low, low, or moderate income households, or senior residents.

O. “Very low income household” means households as defined in Health and Safety Code Section 50105, whose income does not exceed the very low income limits applicable to the city, as published and periodically updated by the State Department of Housing and Community Development.

P. “Moderate income household” means households as defined in Health and Safety Code Section 50093, whose income does not exceed the moderate income limits applicable to the city, as published and periodically updated by the State Department of Housing and Community Development.

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Q. “Child care facility” means a facility installed, operated, and maintained for the nonresidential care of children as defined under applicable state licensing requirements for the facility. Such facilities include, but are not limited to, infant centers, preschools, extended day care facilities, school-age child care centers, or family day care homes. (Ord. 1145 § 2 (part), 2011)

17.102.030 Implementation.

A. Density Bonus.

1. The city shall grant a density bonus to an applicant or developer of a housing development, consisting of five or more dwelling units, who agrees to provide the following:
a. At least ten percent of the total units of a housing development for low income households; or
b. At least five percent of the total units of a housing development for very low income households; or
c. A senior citizen housing development.

All density calculations resulting in fractional units shall be rounded up to the next whole number.

2. In determining the number of target units to be provided pursuant to this section, the maximum residential density shall be multiplied by 0.05 where very low income households are targeted, or by 0.10 where low income households are targeted. The density bonus units shall not be included when determining the total number of target units in the housing development. When calculating the required number of target units, any fractions of units shall be rounded to the next larger number.

3. Amount of Density Bonus.
a. General Density Bonus. The density bonus shall be a density increase of at least twenty percent, unless a lesser percentage is elected by the applicant/developer over the otherwise maximum allowable residential density. The amount of density bonus to which the applicant/developer is entitled shall vary according to the amount by which the percentage of affordable units exceeds the percentage set forth in subsection (A)(1) of this section. For each percent increase above ten percent in the percentage of units affordable to low income households, the density bonus shall be increased by one and one-half percent up to a maximum of thirty-five percent. For each one percent increase above five percent in the percentage of units affordable to very low income households, the density bonus shall be increased by two and one-

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half percent up to a maximum of thirty-five percent. For senior citizen housing developments, the density bonus shall be a flat twenty percent. b. Density Bonus for Condominium Projects. If a development does not meet the requirements set forth above, but the applicant/developer agrees or proposes to construct a condominium project as defined in Section 1351(f) or a planned development as defined in Section 1351(k) of the Civil Code, in which at least ten percent of the total dwelling units are reserved for persons and families of moderate income as defined in Section 50093 of the Health and Safety Code, a density bonus of at least five percent shall be granted, unless a lesser percentage is elected by the applicant, over the otherwise maximum allowable residential density. For each one percent increase above ten percent of the percentage of units affordable to moderate-income households, the density bonus shall be increased by one percent up to a maximum of thirty-five percent.
c. Density Bonus for Land Dedication. When an applicant for a tentative subdivision map, parcel map, or other residential approval donates land to the city and otherwise satisfies the requirements of Government Code Section 65915(g), the applicant shall be entitled to a fifteen percent increase above the otherwise maximum allowable residential density. For each one percent increase above the minimum ten percent land donation, the density bonus shall be increased by one percent, up to a maximum of thirty-five percent. The land donation density bonus and general density bonus can be used together, up to a combined maximum of thirty-five percent (Government Code Section 65915(g).)

4. Upon request by the applicant, the city shall not require that a housing development meeting the requirements of this section provide a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds:
a. Zero (studio) to one bedrooms: one on-site parking space per unit; b. Two to three bedrooms: two on-site parking spaces per unit; c. Four and more bedrooms: two and one-half parking spaces per unit.

If the total number of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subsection, a development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking.

B. Incentives or Concessions.

1. The city shall grant an incentive or concession unless the city makes one of the following findings:

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a. The incentive or concession is not
b. The incentive or concession would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households.
c. The concession or incentive would be contrary to state or federal law.

2. Number of Incentive(s) or Concession(s). In addition to the eligible density bonus percentage described in this section, and in accordance with Government Code Section 65915(d)(2), the applicant shall receive the following number of incentive(s) or concession(s):
a. One incentive or concession for projects that include at least ten percent of the total units for low income households, at least five percent for very low income households, or at least ten percent for persons and families of moderate income in a condominium or planned development.
b. Two incentives or concessions for projects that include at least twenty percent of the total units for low income households, at least ten percent for very low income households, or at least twenty percent for persons and families of moderate income in a condominium or planned development.
c. Three incentives or concessions for projects that include at least thirty percent of the total units for low income households, at least fifteen percent for very low income households, or at least thirty percent for persons and families of moderate income in a condominium or planned development. (Ord. 1145 § 2 (part), 2011)

17.102.040 Development standards.

A. Target units shall be constructed concurrently with nonrestricted units unless both the city and the applicant/developer agree, in writing, to an alternative schedule for development.

B. If the applicant/developer is entitled to a density bonus pursuant to this chapter and the city grants at least one additional incentive, the applicant/developer shall agree to and ensure the continued affordability of all low income and very low income target units for a minimum of thirty years or such longer period of time as required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. The target units for low income households shall be affordable at a rent that does not exceed thirty percent of eighty percent of area median income. The target units for very low income households shall be affordable at a rent that does not exceed thirty percent of fifty percent of area median income.

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C. In determining the maximum affordable rent or affordable sales price of target units, the following household and unit size assumptions shall be used, unless the housing development is subject to different assumptions imposed by other governmental regulations:

SRO (single room
occupancy) unit
75 percent of 1
person
0 bedroom (studio) 1 person
1 bedroom 2 person
2 bedroom 3 person
3 bedroom 4 person
4 bedroom 5 person

D. Target units shall be dispersed within the housing development wherever possible. Where feasible, the number of bedrooms of the target units shall be equivalent to the bedroom mix of the nontarget units of the housing development, except that the developer may include a higher proportion of target units with more bedrooms. The design and appearance of the target units shall be compatible with the design of the total housing development. Housing developments shall comply with all applicable development and design standards, except those which may be modified as provided by this chapter.

E. Compliance with all of the provisions of this chapter shall be made a condition of the discretionary planning permits (e.g., tentative subdivision maps, tentative parcel maps, site plans, planned development permits, conditional use permits, etc.) for all housing developments.

F. Applicant/developer shall execute and record any agreements or documents reasonably deemed necessary by the city to ensure compliance with and implementation of this chapter. (Ord. 1145 § 2 (part), 2011)

17.102.050 Additional incentives or concessions.

The need for additional incentives or concessions will vary for different housing developments.

Therefore, the allocation of additional incentives or concessions shall be determined on a case- by-case basis. The additional incentives or concessions may include any of the following:

A. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to:

1. Reduced minimum lot sizes and/or dimensions.

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2. Reduced minimum lot setbacks.

3. Reduced minimum outdoor and/or private outdoor living area.

4. Increased maximum lot coverage.

5. Increased maximum building height and/or stories.

6. Reduced on-site parking standards, including the number or size of spaces and garage requirements.

7. Reduced minimum building separation requirements.

B. Approval of mixed use zoning in conjunction with the housing development if commercial, office, industrial, or other nonresidential land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located.

C. Other regulatory incentives or concessions proposed by the applicant/developer or the city that result in identifiable cost reductions.

D. Priority processing of a housing development that provides income-restricted units or a senior citizen housing development. (Ord. 1145 § 2 (part), 2011)

17.102.055 Additional density bonus for child care facility.

A. Housing developments meeting the requirements of this section and including a child care facility that will be located on the premises of, as part of or adjacent to, the housing development shall receive either of the following:

1. An additional density bonus that is an amount of square footage of residential space that is equal to or greater than the amount of square footage in the child care facility.

2. An additional incentive or concession to be determined by the city at its sole and complete discretion that contributes significantly to the economic feasibility of the construction of the child care facility.

B. The density housing bonus agreement for the housing development shall ensure that:

1. The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the target units are required to remain affordable.

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2. Of the children who attend the child care facility, the children of very low income households, low income households, or moderate income households shall equal a percentage that is equal to or greater than the percentage of target units that are required pursuant to this section.

C. The city shall not be required to provide a density bonus or incentive or concession for a child care facility if it makes a written finding, based upon substantial evidence, that the community has adequate child care facilities. (Ord. 1145 § 2 (part), 2011)

17.102.060 Application requirements and review.

A. An application pursuant to this chapter for a density bonus and an additional incentive or concession shall be processed concurrently with and in the same manner as any other application(s) required for the housing development unless the development is granted priority processing. If an applicant/developer is entitled to a density bonus pursuant to this chapter, final approval or denial of a request for an additional incentive or concession shall be made by:
(1) the planning commission if no concurrent application requires city council approval and the applicant/developer only requests a reduction of site development standards or a modification of zoning code or architectural design requirements; or (2) the city council if a concurrent application requires city council approval or the applicant/developer requests an additional incentive or concession other than a reduction of site development standards or a modification of zoning code or architectural design requirements.

B. If an applicant/developer is requesting a waiver or modification of development and zoning standards on the grounds that existing development and zoning standards would otherwise inhibit utilization of a density bonus, such request shall be made concurrently with any request for an additional incentive or concession and shall be processed with and approved or denied in accordance with the provisions herein for the processing and approval or denial of a request for an additional incentive or concession. Waiver or modification of development and zoning standards shall only be allowed if the waiver or modification is necessary to make the housing units economically feasible.

C. Any approval or denial of a request for a waiver or modification of development and zoning standards or an additional incentive or concession shall be supported by written findings in support of such approval or denial. Nothing in this chapter requires the city to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon health, safety, or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, or if the waiver or reduction would have an adverse impact on any real property listed in the California Register of Historic Resources or be contrary to state or federal law.

D. An applicant/developer may submit a preliminary proposal for the housing development prior to the submittal of any formal requests for general plan amendments, zoning

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amendments, or subdivision map approvals. Applicants are encouraged to schedule a pre- application conference with the community development director or designated staff to discuss and identify potential application issues, including prospective additional incentives or concessions pursuant to Section 17.102.050. A preliminary application shall include the following information:

1. A brief description of the proposed housing development, including the total number of units, target units, and density bonus units proposed.

2. The zoning and general plan designations and assessor’s parcel number(s) of the project site.

3. A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway and parking layout.

4. If a waiver or modification of development and zoning standards is requested, the application shall demonstrate how the existing development and zoning standards inhibit the utilization of the density bonus on the specific site and that the waiver or modification is necessary to make the housing units economically feasible.

5. If an additional incentive or concession is requested, the application should describe why the additional incentive or concession is necessary to provide the target units in accordance with this chapter.

E. The city shall, within ninety days of receipt of a written proposal, notify the applicant/developer, in writing, of project issues of concern and the procedures for compliance with this chapter, including procedures for waiving or modifying development and zoning standards that would otherwise inhibit the utilization of the density bonus on specific sites. The procedures for the waiver or modification of development and zoning standards shall include, but not be limited to, such items as minimum lot size, side yard setbacks, and placement of public works improvements.

F. The community development director shall inform the applicant/developer whether the requested waiver or modification of development and zoning standards and/or the additional incentive or concession shall be recommended for consideration with the proposed housing development, or whether alternative or modified development and zoning standards and/or additional incentive or concession shall be recommended for consideration in lieu of the requested waiver or modification of development and zoning standards or additional incentive or concession. (Ord. 1145 § 2 (part), 2011)

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17.102.065 Resale and occupancy restrictions on moderate income units.

An applicant shall agree, and the city shall ensure, that the initial occupants of moderate income units that are directly related to the receipt of the density bonus in a condominium project are persons and families of moderate income, as defined in Health and Safety Code Section 50093, and that the units are offered at an affordable housing cost, as defined in Health and Safety Code Section 50052.5. The city shall enforce an equity sharing agreement in accordance with Government Code Section 65915. (Ord. 1145 § 2 (part), 2011)

17.102.070 Expiration and extension.

A. Any waiver or modification of development and zoning standards and/or the granting of additional incentives or concessions is project specific. In any case where a housing development with approved waivers or modifications of development and zoning standards and/or additional incentives or concessions has not commenced construction within the time limit set by either the planning commission or the city council (whichever has final approval authority over the particular housing development) or within one year, if no specific time limit has been set, then without further action such waivers or modifications of development and zoning standards and/or additional incentives or concessions shall be null and void.

Construction is deemed commenced, for purposes of this section, upon issuance of a building permit for an approved dwelling unit.

B. The planning commission or the city council (whichever has final approval deadline for commencement of construction for a period or periods not to exceed twelve months upon receipt of a written request which shall include the reason for the delay and the requested extension and any other information as reasonably deemed necessary by the community development director. (Ord. 1145 § 2 (part), 2011)

17.102.080 Appeal procedure.

A. Any person dissatisfied with any final action of the planning commission on a request for a density bonus and an additional incentive or concession and/or waiver or modification of development and zoning standards may appeal therefrom to the city council, at any time within ten days after the rendition of the decision of the planning commission. The appeal is taken by filing a notice of appeal with the community development director. Upon filing of the notice of appeal, and payment of a filing fee, the community development director must, within ten days, transmit to the city clerk all exhibits and documents on file, together with the finding of the planning commission.

B. The city council shall hold a hearing upon said appeal after giving written notice to the applicant, property owners within three hundred feet of the subject property as shown on the last equalized assessment roll and any other persons who have filed a written request for

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notice. Such notices shall be mailed at least ten days prior to said hearing. (Ord. 1145 § 2 (part), 2011)

17.102.090 Other provisions.

No official action such as the issuance of a building permit, license or other type of permit shall be taken while an appeal or proceeding for a density bonus and an additional incentive(s) or concession(s) and/or waiver or modification of development and zoning standards is pending. (Ord. 1145 § 2 (part), 2011)

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ATTACHMENT 3

Major Legislative Updates to State Density Bonus Requirements (2018–2025)

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ATTACHMENT 3

Major Legislative Updates to State
Density Bonus Requirements 2018-2025
Statute / Year Modification
SB 92 (2025) • Limits the use of concessions that
would allow an increase of commercial
floor area ratio beyond 2.5 times the
current allowed base zone commercial
floor area.
• Jurisdictions are not required to grant
any concession that would serve to
facilitate hotel or other transient
lodging uses that are a part of a mixed-
use development.

AB 3116 (2024)

• Added density bonus provisions for
student housing developments.

AB 2694 (2024)

• Expanded density bonus eligibility to
residential care facilities for the elderly.

AB 1287 (2023)
• Allows an additional 20% to 50%
density bonus on top of the base
density bonus, provided no more than
50% of the total units would be
restricted as affordable.
• Alters the definition of maximum
allowable residential density to mean
the greatest number of units allowed
under the Zoning Ordinance, specific
plan, or land use element of the general
plan, or, if a range of density is
permitted, the greatest number of units
allowed by the range.
• Clarifies that a local government is not
prohibited from requiring reasonable
documentation to establish eligibility
for a requested density bonus and
parking ratios.

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ATTACHMENT 3

• Authorizes up to four incentives or
concessions for projects that include at
least 16% of the units for very low-
income households or at least 45% of
the units for moderate income
households in for-sale projects.

AB 682 (2022)
• Creates a density bonus for Shared
Housing developments with the same
affordability requirements and bonus
amounts as currently available to
standard-unit developments. Shared
housing developments can provide up
to 25% of their floor area as standard-
unit housing and still qualify for a
density bonus.

AB 1551 (2022)
• Creates a density bonus for
commercial developers who partner
with housing developers and support
the provision of affordable housing
through land donation, cash payment,
or by directly building units. A
commercial developer is eligible for up
to a 20% density bonus.
• To qualify, the housing development
supported by the commercial
developer must provide either 30% of
units as affordable for low income
(<80% AMI) or 15% of units as
affordable for very-low income (<50%
AMI).

AB 2334 (2022)
• Expands the available density bonus for
100% affordable housing developments
in very low vehicle travel areas.

Qualifying density bonus projects are
not subject to maximum density
controls, are entitled to up to 4
development incentives, and may
receive an additional three-stories of
height.

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ATTACHMENT 3

• Clears up the grey area for application
of the State density bonus in a form-
based zoning district, requiring
calculation of an average unit size
multiplied by the density bonus amount
to determine increase in floor area
allowed.

SB 290 (2021)
• Expands the types of for-sale moderate-
income housing units that can benefit
from a density bonus by deleting the
requirement that the units be in a
common interest development.
• Makes a student housing development
containing at least 20% of the units for
lower income students eligible for one
incentive or concession.
• Allows moderate-income housing
developments that include 40%
moderate-income for-sale housing and
are within one-half mile of a major
transit stop to receive a parking
reduction of 0.5 parking spaces per
bedroom.

AB 2345 (2020)
• Increases the maximum density bonus
from 35% to 50%.
• Requires the density-bonus units to be
affordable in a 100-percent-affordable
project, not just the non-bonus units.
• Lowers the lower-income threshold to
qualify for two incentives or
concessions from 20 to 17 percent; and
lowers the threshold to qualify for three
from 30 to 24 percent.
• Refines the way distance from a major
transit stop is calculated and makes
technical changes to definition of major
transit stop.
• Decreases parking ratio for certain
units in density-bonus projects and
prohibits parking requirements for

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09/22/2026 Item No.15.

ATTACHMENT 3

certain transit-oriented developments
or senior projects.

AB 1763 (2019)
• Provides an 80% density bonus for
100% affordable projects with up to
20% of the units available for moderate
income households, while the
remainder must be affordable to lower
income households, and if the project
is within 1/2 mile of a major transit stop,
it allows a height increase of up to three
additional stories, or 33 feet.

SB 1227 (2018)
• Extends the State Density Bonus Law to
apply to student housing. It allows
student housing projects where at least
20% of the units are affordable for
lower income students to receive a 35%
density bonus.

AB 2372 (2018)
• Authorizes cities or counties to grant a
developer of an eligible housing
development under the State Density
Bonus Law a floor area ratio bonus in
lieu of a bonus on the basis of dwelling
units per acre.

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09/22/2026 Item No.15.

Folsom City Council Meeting

Revised Staff Report Transmittal

Updated: January 2026
MEETING DATE:

9/8/2026
AGENDA SECTION:

Public Hearing

STAFF REPORT TITLE

Ordinance No. 1374– An Ordinance of the City of Folsom for the Repeal and Re-Enactment of Chapter 17.102 (Density
Bonus) of the Folsom Municipal Code (Introduction and First Reading), and Determination that the Action is Not Subject to Environmental Review Under the California Environmental Quality Act (CEQA)
FROM: Community Development Department

Staff has prepared the following revised Ordinance No. 1374 revisions pertaining to the above-referenced agenda item

The revisions are shown as follows:

language deletions: Strikeouts, bold and underlined,
language additions: Italics, bold and underlined.

In Section 17.102.060 Application Requirements and Review for Density Bonus Projects, the subsection (B)(b) is amended to read as follows:

b. Waiver or Reduction of Development Standards. For any requested waiver or reduction of a development standard, the applicant shall provide sufficient information for the city to determine that the development standard would physically preclude construction of the residential project at the permitted density and with the requested incentives or concessions. The city shall not require the applicant to provide alternative designs, pro formas, or feasibility studies as a condition of requesting or receiving a waiver. The city shall not require additional reports or studies that are not otherwise required by state law.

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09/22/2026 Item No.15.

Folsom City Council
Staff Report

1 MEETING DATE: 9/8/2026

AGENDA SECTION:

Old Business
ITEM TITLE: Castle Park Playground Renovation Project
i. Resolution No. 11699-A Resolution Ratifying the City Manager’s Authorization to Execute a Contract
Amendment with Leathers & Associates for the Castle
Park Playground Renovation Project (PK2501) in the
Amount of $19,537.20, for a New Total Contract
Amount Not-to-Exceed $131,106.20, Funded by the
Parks & Recreation Equipment/Capital Fund 609 and
Appropriation of Funds
ii. Resolution No. 11700-A Resolution Ratifying the City Manager’s Authorization to Execute Construction
Contract Change Orders 1-6 with KYA for the Castle
Park Playground Renovation Project (PK2501) in the
Amount of $56,300, and Authorizing the City Manager
to Execute Construction Contract Change Order No. 7
with KYA for the Castle Park Playground Renovation
Project (PK2501) in the Amount of $36,960, for a New
Total Contract Amount Not-to-Exceed $401,569.00,
Funded by the Parks & Recreation Equipment/Capital
Fund 609 and Appropriation of Funds
iii. Resolution No. 11701 – A Resolution Authorizing an Appropriation of $68,409 in Donation Revenue and an
Additional Appropriation of $37,875.80 from the Parks
& Recreation Equipment/Capital Fund (Fund 609), for
a Total Appropriation of $106,284.80 for Project
Support Costs for the Castle Park Playground
Renovation Project (PK2501)
FROM: Parks and Recreation Department

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09/22/2026 Item No.16.
2 RECOMMENDATION / CITY COUNCIL ACTION
Staff recommends that the City Council approve the following:

Resolution No. 11699- A Resolution Ratifying the City Manager’s Authorization to Execute a Contract Amendment with Leathers & Associates for the Castle Park Playground Renovation Project (PK2501) in the Amount of $19,537.20, for a New Total Contract Amount Not-to- Exceed $131,106.20, Funded by the Parks & Recreation Equipment/Capital Fund 609 and Appropriation of Funds
Resolution No. 11700 - A Resolution Ratifying the City Manager’s Authorization to Execute Construction Contract Change Orders 1-6 with KYA for the Castle Park Playground Renovation Project (PK2501), in the Amount of $56,300, and Authorization to Execute Construction Contract Change Order No. 7 with KYA for the Castle Park Playground Renovation Project (PK2501) in the Amount of $36,960, for a New Total Contract Amount Not-to-Exceed $401,569.00, Funded by the Parks & Recreation Equipment/Capital Fund 609 and Appropriation of Funds
Resolution No. 11701 – A Resolution Authorizing an Appropriation of $68,409 in Donation Revenue and an Additional Appropriation of $37,875.80 from the Parks & Recreation Equipment/Capital Fund (Fund 609), for a Total Appropriation of $106,284.80 for Project Support Costs for the Castle Park Playground Renovation Project (PK2501)

BACKGROUND / ISSUE
Castle Park is located at 201 Prewett Drive, south of Oak Chan Elementary School in the Willow Creek Estates South neighborhood. The park is 2.1 acres and was home to a beloved castle- themed wooden playground designed by Robert Leathers and originally built by the community in 1996. The 30-year-old wooden play structures had reached the end of their useful life, and without replacement parts available, the City decided to rebuild the play structures.

Staff publicly advertised a Request for Proposals (RFP) for the new playground design in April 2025. A total of four proposals were received and reviewed by staff from the Parks & Recreation Department. Following a comprehensive evaluation process, staff recommended awarding the Kids Play Park Renovation Project playground design contract to Leathers & Associates.

On May 27, 2025, Resolution No. 11389 was presented to the City Council to award the contract, and as a condition of approval, the Council directed staff to change the construction method to a community build to reduce costs and complete the project in a faster timeline.

On October 10, 2025, the City Council approved Resolution No. 11469 to rescind Resolution No. 11389 and award the design contract to Leathers & Associates under a community-build format. The contract amount approved by the Council in Resolution No. 11469 was a not-to- exceed amount of $111,569. Services included playground design and assistance with the community build process, including a construction superintendent’s time required to lead the volunteers during the community build and the associated travel expenses.

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09/22/2026 Item No.16.
3 Subsequently, on November 12, 2025, the City Council approved three resolutions as follows:
• Resolution No. 11497 to change the park name to Castle Park; and • Resolution No. 11498 to execute an agreement with Leathers & Associates in the amount of $110,870 for procuring play structure materials; and • Resolution No. 11499 to execute an agreement with Playground Plastics in the amount of $322,594 for additional playground materials.

On January 13, 2026, the City Council approved Resolution No. 11538 to execute a construction agreement with KYA for site work for the Castle Park project for a not-to-exceed amount of $308,309 through the CMAS cooperative purchasing program. Utilizing the CMAS procurement method supported the accelerated project schedule and allowed the City to efficiently advance construction activities.

The six-day community build in April 2026 involved 1,541 volunteers working alongside City staff, contractors, and in-kind service providers. Although community participation was strong, inclement weather disrupted the construction sequence and created wet and muddy site conditions. Drain rock intended for beneath the resilient playground surfacing was temporarily spread on-site to improve working conditions and later had to be removed from the lawn areas before the turf could be restored.

Coordinating numerous participants with varying levels of construction experience also required more supervision, tools, materials, and safety support than anticipated. These conditions prevented completion of the playground structures during the scheduled build week and required additional post-build work, extended Leathers & Associates superintendent services, and additional KYA construction support.

POLICY / RULE
In accordance with Chapter 2.36 of the Folsom Municipal Code, contracts greater than $77,426 shall be awarded by the City Council.

ANALYSIS
To support continued project advancement, given the challenges encountered during the community build process, contract amendments for both Leathers & Associates and KYA were deemed necessary. Due to the compressed timeline for this project, the services that are the subject of this report were authorized by the City Manager in advance of City Council approval and have been performed. Staff is now seeking City Council ratification of the authorization provided to both vendors to provide these extra services.

The amendment with Leathers & Associates corresponds to necessary but previously unanticipated assistance Leathers staff provided during the workdays before and after the community build week.

The amendment with KYA corresponds to additional, previously unanticipated construction services necessary for the site work.

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09/22/2026 Item No.16.
4 To maintain project momentum and provide the construction support necessary to address unanticipated challenges, the additional work covered by these contract amendments was authorized before City Council review and approval.

Leathers & Associates Contract Amendment
Since the original contract was executed, additional services have been performed, which are covered in Contract Scope Amendment #1 and Contract Scope Amendment #2.

Contract Scope Amendment #1 provided one superintendent’s time for three days during the pre- build phase and the associated travel expenses for a total amount of $10,854. The pre-build occurred on March 23-25, 2026, and consisted of work completed to prepare the site for the structure replacement prior to the community build. This expense was not originally anticipated because the original schedule did not include a pre-build phase. As coordination progressed in the lead up to the community build, both city staff and Leathers representatives felt the pre-build phase was necessary to ensure the structural playground elements were properly installed and ready for the community build activities. On-site construction oversight by an experienced superintendent was necessary to coordinate and oversee work performed by a combination of contractors providing in-kind construction services, and volunteers, while helping maintain project quality, safety, and schedule.

Contract Scope Amendment #2 provided one superintendent’s time for three days during the post-build phase and the associated travel expenses for a total amount of $8,683.20. Due to challenging weather conditions during the community build week, construction of the playground structures was not completed within the anticipated timeframe. As a result, a group of City staff and skilled volunteers worked on site from May 7-9, 2026, to complete construction of the playground structures. Continued on-site superintendent oversight during this post-build phase was essential to assist with final assembly and completion of the playground structures and to ensure the work was completed safely and in accordance with project requirements. This additional work would not have been necessary but for the unanticipated challenges encountered during the community build week.

All extra work has been billed on a time-and-materials basis consistent with the rates included in the original contract.

The total cost for the extra work performed by Leathers & Associates in association with Contract Scope Amendment #1 and Contract Scope Amendment #2 is $19,537.20. Staff is requesting ratification of the City Manager’s authorization to perform this extra work and amend Contract No. 173-21 25-046 with Leathers & Associates by the same amount, and a corresponding appropriation of funds. If approved, this ratification will increase the total contract price to an amount not-to-exceed $131,106.20.

KYA

KYA’s additional services for Castle Park were driven primarily by unforeseen construction costs and field conditions encountered during construction. Due to the complexity of the project and the accelerated schedule, multiple contractors, community partners, volunteers, and in-kind service providers were performing work on site concurrently. As construction activities

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09/22/2026 Item No.16.
5 progressed, additional coordination and modifications were required to address conflicts between overlapping scopes of work, accommodate evolving site conditions, and ensure the successful completion of the project. These unforeseen conditions resulted in the following change orders:

• Change Order No. 1 – $9,550. Supply, install, and take down tree protection zone fencing.
• Change Order No. 2 - $10,500. Demo of existing concrete curb and sleeve installation in walkways.
• Change Order No. 3 - $12,250. Tree removal and disposal of 2 trees at the sidewalk by the large playground.
• Change Order No. 4 - $5,850. Additional fine grading at concrete flatwork. • Change Order No. 5 - $8,500. Additional poured-in-place surfacing due to design changes.
• Change Order No. 6 - $9,650. Additional imported crushed rock due to materials used during community build.
• Change Order No. 7 - $36,960. Blow-in engineered wood fiber (EWF) safety surfacing in lieu of dumping in place due to reduced truck access. Cost includes additional 300 Cubic Yards of EWF material due to as-built conditions.

The contract with KYA was approved for $308,309 plus a contingency of $5,055, for a total not to exceed contract amount of $313,364. The contract funding included $55,609 from the Measure A Fund 276 and $257,755 from the Parks & Recreation Equipment/Capital Fund 609.

The approved contingency of $5,055 was applied only to the portion of work funded through the Measure A Fund 276.

Due to unforeseen construction conditions, additional coordination efforts, and changes encountered during construction, the approved contingency amount of $5,055 was insufficient to cover the full cost of the necessary change orders associated with the project. The total value of the seven change orders is $93,260, of which $5,055 was covered by the previously approved contingency. The remaining $88,205 in additional funding is necessary to cover outstanding change order costs that exceed the approved contingency amount for work performed to complete KYA’s scope of work.

Staff is requesting ratification of the City Manager’s authorization of Change Orders #1-6 as well as authorization for Change Order #7, which was not included in the City’s Manger’s previous authorization, to perform this extra work and amend Contract No. 174-21 26-005 with KYA by a total of $93,260 to account for the above-referenced change orders, and a corresponding appropriation of funds in the amount of $88,205. Funding for the additional change order costs will be provided through the Parks & Recreation Equipment/Capital Fund (Fund 609). If approved, this ratification will increase the total construction contract amount to a not-to-exceed amount of $401,569.

Additional Project Costs
In addition to the approved construction and consultant services agreements, the Castle Park Playground Renovation Project has incurred supplemental project-related costs necessary to support the community build. These additional expenses included the purchase of tools and

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09/22/2026 Item No.16.
6 equipment utilized during the community build activities, such as drills, chop saws, and safety equipment; construction materials including lumber, bolts, screws, concrete, and related installation supplies; rental costs for the on-site construction trailer and storage containers; and miscellaneous volunteer support supplies including water, meals, name tags, and other coordination materials. These items were purchased by staff prior to City Council approval in order to maintain project momentum and provide real-time construction support as the Castle Park Play Structure Replacement project progressed, given the unanticipated challenges encountered during the community build week. Staff is requesting ratification of the City Manager’s authorization to appropriate additional funding in the amount of $37,875.80 from the Parks & Recreation Equipment/Capital Fund (Fund 609) to cover these project support costs.

Donations
Fund 609 has received $68,409 in cash contributions from community partners, including Kids Play for Generations, Folsom Middle Management Group, and Little Folks University, for the Castle Park Playground Renovation Project. Staff is requesting an appropriation of these donated funds within Project PK2501 so they may be applied toward eligible project costs. The use of these contributions reduces the amount of additional funding required from the existing Fund 609 fund balance.

Estimated Total Project Costs

The current estimated total project costs are summarized as follows:

ITEM DESCRIPTION COST TOTAL
CONTRACTS & SERVICES - DESIGN & ENGINEERING $174,791
AREA WEST ENGINEERS TOPOGRAPHIC SURVEY $7,485

GEOCON CONSULTANTS GEOTECHNICAL ENGINEERING $22,950

LEATHERS & ASSOCIATES PLAYGROUND DESIGN & COMMUNITY BUILD SUPPORT (INCLUDING 2 CONTRACT SCOPE AMENDMENTS)
$131,106

WOOD RODGERS SITE DESIGN & ENGINEERING $13,250

CONTRACTS & SERVICES -

CONSTRUCTION
$477,125
KYA SERVICES SITE WORK (INCLUDING 7 CHANGE ORDERS) $401,569 GRANITE CONSTRUCTION CONCRETE PAVING REPLACEMENT $72,356 BSAFE PLAYGROUND INSPECTION PLAYGROUND CERTIFICATION $3,200

MATERIALS & SUPPLIES $497,312
PLAYGROUND PLASTICS PLAYGROUND CONSTRUCTION MATERIALS $322,549

LEATHERS & ASSOCIATES PLAYGROUND COMPONENTS (SLIDES, SWINGS, ETC.) $110,870

ADDITIONAL PROJECT COSTS TOOLS, EQUIPMENT, CONSTRUCTION TRAILER, CRANE,

SITE FURNISHINGS (DRINKING FOUNTAIN, BENCHES,
PICNIC TABLES, TRASH RECEPTACLE, ETC.)
$63,893

PROJECT TOTAL $1,149,228

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09/22/2026 Item No.16.
7 Site landscaping and irrigation repairs were performed by Terracare after project completion and have been paid for out of the Park Maintenance Operating Budget (Fund 010). This work and associated cost is not included in overall Castle Park project budget summary table above.

The project funding breakdown is summarized in the table below.

Castle Park Estimated Project Costs by Funding Source
Parks & Recreation Equipment/Capital Fund (Fund 609) $800,000 Measure A Fund (276) $135,201
Total Appropriation to Date $935,201

Requested Appropriation for extra work by Leathers $19,537.20 Requested Appropriation for construction change orders for KYA $88,205 Requested Appropriation for Additional Project Costs $37,875.80 Requested Appropriation for Donations $68,409
Total Appropriation Requests With This Report $214,027

Fund 609 - Total Funding After Appropriation Approvals $945,618 Fund 276 - Existing Funding – No Request for Appropriation $135,201 Donations – Total Funding After Appropriation $68,409
Total Project Funding After Appropriation Approvals $1,149,228

Public Procurement Process Compliance and Fiscal Stewardship The ratifications requested in this report will ensure that all additional services described above are formally approved by the Council and officially incorporated into the existing respective agreements with Leathers and KYA. The additional costs reflect the necessary work to address unforeseen conditions, extended timelines, and enhanced community engagement.

By ratifying these prior authorizations, the City Council reinforces transparency in public expenditures and accountability in project delivery. Approval of the attached resolutions will allow the City to close out the Castle Park Play Structure Replacement project.

FINANCIAL IMPACT
Castle Park Playground Renovation Project (Project PK2501) has a total project budget of $935,201, funded through the Park/Trail Maintenance/Rehabilitation Fund (Fund 609) in the amount of $800,000, and the Measure A fund (Fund 276) in the amount of $135,201.

If ratified, the authorization to amend the agreement with Leathers & Associates for additional construction assistant services in the amount of $19,537.20 will be funded, if approved by the Council, through an appropriation from the Park/Trail Maintenance/Rehabilitation Fund (Fund 609) within the Castle Park Playground Renovation Project (Project PK2501), increasing the total contract amount to a not-to-exceed amount of $131,106.20.

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09/22/2026 Item No.16.
8 If ratified, the authorization to amend the agreement with KYA for construction change orders in the amount of $93,260 will be funded through a combination of $5,055 in existing contingency funds from the Measure A Fund 276 and, if approved by the Council, and appropriation of $88,205 from the Park/Trail Maintenance/Rehabilitation Fund (Fund 609) within the Castle Park Playground Renovation Project (Project PK2501), increasing the total contract amount to a not- to-exceed amount of $401,569 ($345,960 from the Park/Trail Maintenance/Rehabilitation Fund (Fund 609) and $55,609 from the Measure A Fund (Fund 276).)

An appropriation of $106,284.80 is required to cover the unanticipated project support costs incurred during the Castle Park Playground Renovation Project (Project PK2501). Of the total appropriation, $68,409 is funded with donation revenue received for the project and recorded in the Park/Trail Maintenance/Rehabilitation Fund (Fund 609). The remaining $37,875.80 is funded by the available fund balance in the Park/Trail Maintenance/Rehabilitation Fund (Fund 609)

The total appropriation requested is $214,027 in the Park/Trail Maintenance/Rehabilitation Fund (Fund 609). Sufficient funds are available in the fund to support the requested appropriation. If approved, the total appropriated project budget for the Castle Park Playground Renovation Project (Project PK2501) will increase by $214,027, from $935,201 to $1,149,228.

ENVIRONMENTAL REVIEW
This action is not a project as defined under the California Environmental Quality Act (CEQA) and is therefore not subject to CEQA pursuant to CEQA Guidelines Section 15378, as it involves administrative and contractual actions that do not result in a direct or indirect physical change in the environment.

ATTACHMENTS

1. Resolution No. 11699 - A Resolution Ratifying the City Manager’s Authorization to Execute a Contract Amendment with Leathers & Associates for the Castle Park Playground Renovation Project (PK2501) in the Amount of $19,537.20, for a New Total Contract Amount Not-to-Exceed $131,106.20, Funded by the Parks & Recreation Equipment/Capital Fund 609 And Appropriation of Funds

2. Resolution No. 11700- A Resolution Ratifying the City Manager’s Authorization to Execute Construction Contract Change Orders 1-6 with KYA for the Castle Park Playground Renovation Project (PK2501), in the Amount of $56,300, and Authorization to Execute Construction Contract Change Order No. 7 with KYA for the Castle Park Playground Renovation Project (PK2501) in the Amount of $36,960, for a New Total Contract Amount Not-to-Exceed $401,569.00, Funded by the Parks & Recreation Equipment/Capital Fund 609 And Appropriation of Funds

3. Resolution No. 11701 – A Resolution Authorizing an Appropriation of $68,409 in Donation Revenue and an Additional Appropriation of $37,875.80 from the Parks & Recreation Equipment/Capital Fund (Fund 609), for a Total Appropriation of $106,284.80 for Project Support Costs for the Castle Park Playground Renovation Project (PK2501)

4. Before and After Photos

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09/22/2026 Item No.16.
9 Submitted,

Kelly Gonzalez, Parks & Recreation Director

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09/22/2026 Item No.16.

Attachment 1

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09/22/2026 Item No.16.

Resolution No. 11699

Page 1 of 2 ends

RESOLUTION NO. 11699

A RESOLUTION RATIFYING THE CITY MANAGER’S AUTHORIZATION TO

EXECUTE A CONTRACT AMENDMENT WITH LEATHERS & ASSOCIATES FOR THE CASTLE PARK PLAYGROUND RENOVATION PROJECT (PK2501) IN THE AMOUNT OF $19,537.20, FOR A NEW TOTAL CONTRACT AMOUNT NOT-TO- EXCEED $131,106.20, FUNDED BY THE PARKS & RECREATION
EQUIPMENT/CAPITAL FUND 609 AND APPROPRIATION OF FUNDS

WHEREAS, the City of Folsom (“City”) is replacing the aging wooden playground structures at Castle Park located at 201 Prewett Drive; and

WHEREAS, on October 10, 2025, the City Council adopted Resolution No. 11469 awarding a consultant services agreement to Leathers & Associates for playground design and community build support services for the Castle Park Playground Renovation Project (PK2501) in an amount not-to-exceed $111,569; and

WHEREAS, previously unanticipated additional superintendent oversight, coordination, and associated travel expenses were requir ed during the pre -build and post -build phases of construction; and

WHEREAS, Contract Scope Amendment #1 in the amount of $10,854 corresponds to previously unanticipated superintendent services performed during the pre-build phase conducted March 23-25, 2026, and Contract Scope Amendment #2 in the amount of $8,683.20 corresponds to previously unanticipated superintendent services performed during the post -build phase conducted May 7-9, 2026; and

WHEREAS, due to a variety of challenges encountered during the community build process and the compressed timeline for the Project, the services described above were authorized and provided in advance of City Council approval; and

WHEREAS, City Council ratification of the authorization to amend the existing contract to account for the performance of these extra services and a corresponding appropriation of funds is now required; and

WHEREAS, the total cost of the extra work performed in association with Contract Scope Amendment #1 and Contract Scope Amendment #2 is $19,537.20, increasing the total contract amount to an amount not-to-exceed $131,106.20; and

WHEREAS, sufficient funding is available in the Parks and Recreation Equipment/Capital Fund 609; and

WHEREAS, this action is not a project under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15378 because it involves administrative and contractual activities that will not result in a direct or indirect physical change in the environment; and

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Resolution No. 11699

Page 2 of 2 ends

WHEREAS, the agreement will be in a form acceptable to the City Attorney:

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom ratifies the City Manager ’s authorization to execute a contract amendment with Leathers & Associates for the Castle Park Playground Renovation Project (PK2501) in the amount of $19,537.20, for a new total contract amount not to exceed $131,106.20, funded by the Parks & Recreation Equipment/Capital Fund (Fund 609).

BE IT FURTHER RESOLVED that the Finance Director is authorized to appropriate $19,537.20 in the Park/Trail Maintenance/Rehabilitation Fund (Fund 609) for the Caste Park Playground Renovation Project (PK2501).

PASSED AND ADOPTED this 8
th day of September 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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09/22/2026 Item No.16.

Attachment 2

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09/22/2026 Item No.16.

Resolution No. 11700

Page 1 of 2 ends

RESOLUTION NO. 11700

A RESOLUTION RATIFYING THE CITY MANAGER’S AUTHORIZATION TO EXECUTE CONSTRUCTION CONTRACT CHANGE ORDERS 1-6 WITH KYA FOR THE CASTLE PARK PLAYGROUND RENOVATION PROJECT (PK2501) IN THE AMOUNT OF $56,300, AND AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 7 WITH KYA FOR THE CASTLE PARK PLAYGROUND RENOVATION PROJECT (PK2501) IN THE AMOUNT OF $36,960 FOR A NEW TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $401,569.00, FUNDED BY THE PARKS & RECREATION EQUIPMENT/CAPITAL FUND 609 AND APPROPRIATION

OF FUNDS

WHEREAS, the City of Folsom (“City”) is replacing the aging wooden playground structures at Castle Park located at 201 Prewett Drive; and

WHEREAS, January 13, 2026, the City Council adopted Resolution No. 11538 authorizing a construction agreement with KYA for site work associated with the Castle Park Playground Renovation Project in an amount not -to-exceed $308,309 through the California Multiple Award Schedules (CMAS) cooperative purchasing program; and

WHEREAS, the original project funding included $55,609 from the Measure A Fund (Fund 276) and $257,755 from the Parks and Recreation Equipment/Capital Fund (Fund 609); and

WHEREAS, the approved project budget included a contingency amount of $5,055 that was applied only to the portion of work funded through the Measure A Fund (Fund 276); and

WHEREAS, unforeseen construction conditions, evolving site conditions, accelerated project scheduling, and coordination between multiple contractors, community partners, volunteers, and in- kind service providers resulted in previously unforeseen but necessary additional construction services and change orders totaling $93,260; and

WHEREAS, the approved contingency amount of $5,055 was insufficient to cover the full cost of the necessary change orders such that an appropriation of $88,205 is required; and

WHEREAS, due to a variety to challenges encountered during the community build process and the compressed timeline for the Project, these construction contract change orders were authorized and the work was performed in advance of City Council approval; and

WHEREAS, City Council ratification of the authorization to amend the existing construction contract to account for the performance of the work included within these change orders and an appropriation of funds is now required; and

WHEREAS, the construction contract change orders described above will increase the total contract amount to an amount not-to-exceed $401,569; and

WHEREAS, sufficient funding is available in the Parks and Recreation Equipment/Capital

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Resolution No. 11700

Page 2 of 2 ends

Fund (Fund 609); and

WHEREAS, the agreement will be in a form acceptable to the City Attorney:

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom ratifies the City Manager ’s authorization to execute construction contract change orders no. 1-6 with KYA for the Castle Park Playground Renovation Project (PK2501) in the amount of $56,300 which includes existing contingency funds in the amount of $5,055, and authorizes change order no. 7 in the amount of $36,960 for a new total contract amount not-to-exceed $401,569, funded by the Parks & Recreation Equipment/Capital Fund (Fund 609).

BE IT FURTHER RESOLVED that the Finance Director is authorized to appropriate $88,205 in the Park/Trail Maintenance/Rehabilitation Fund (Fund 609) for the Castle Park Playground Renovation Project (PK2501).

PASSED AND ADOPTED this 8
th day of September 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 3

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09/22/2026 Item No.16.

Resolution No. 11701

Page 1 of 2 ends

RESOLUTION NO. 11701

A RESOLUTION AUTHORIZING AN APPROPRIATION OF $68,409 IN DONATION REVENUE AND AN ADDITIONAL APPROPRIATION OF $37,875.80 FROM THE PARKS & RECREATION EQUIPMENT/CAPITAL FUND (FUND 609), FOR A TOTAL APPROPRIATION OF $106,284.80 FOR PROJECT SUPPORT COSTS FOR THE CASTLE PARK PLAYGROUND RENOVATION PROJECT (PK2501)

WHEREAS, the City of Folsom (“City”) is replacing the aging wooden playground structures at Castle Park located at 201 Prewett Drive; and

WHEREAS, January 13, 2026, the City Council adopted Resolution No. 11538 authorizing a construction agreement with KYA for site work associated with the Castle Park Playground Renovation Project; and

WHEREAS, the City Council previously approved consultant services agreements and project appropriations necessary to support project design and construction activities; and

WHEREAS, during the course of the project, additional construction- related costs and project support expenses were incurred that were necessary to successfully complete the community build and overall project implementation; and

WHEREAS, these additional project costs included the purchase of tools and equipment utilized during community build activities, including drills, chop saws, and safety equipment; construction materials including lumber, bolts, screws, concrete, and related installation supplies; rental costs for the on-site construction trailer and storage containers; and miscellaneous volunteer support supplies including water, meals, name tags, and other coordination materials; and

WHEREAS, due to a variety of challenges encountered during the community build process and the compressed timeline for the Project, these additional project costs were authorized and incurred by staff in advance of an appropriation of funds by City Council; and

WHEREAS, Fund 609 has received $68,409 in cash contributions designated for the Castle Park Playground Renovation Project, and an appropriation is required to make these donated funds available for eligible project costs; and

WHEREAS, an additional appropriation of $37,875.80 from the available fund balance of the Parks & Recreation Equipment/Capital Fund (Fund 609) is required to fully fund the remaining project support costs; and

WHEREAS, the $68,409 appropriation of donation revenue and the $37,875.80 appropriation from the available Fund 609 fund balance provide a total appropriation of $106,284.80 under this resolution; and

WHEREAS, with this appropriation and the associated appropriations approved by City Council for this Project at the regular meeting of September 8, 2026, the total project budget for

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Resolution No. 11701

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the Castle Park Playground Renovation Project (Project PK2501) will increase by $214,027, from $935,201 to $1,149,228; and

WHEREAS, Fund 609 has received $68,409 in cash contributions from community partners, including Kids Play for Generations, Folsom Middle Management Group, and Little Folks University, which will help offset the requested appropriations; and

WHEREAS, sufficient funding is available in the Parks and Recreation Equipment/Capital Fund (Fund 609):

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes the Finance Director to appropriat e $106,284.80 in the Parks & Recreation Equipment/Capital Fund (Fund 609) for the Castle Park Playground Renovation Project (PK2501).

PASSED AND ADOPTED this 8
th day of September 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 4

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Attachment 4
Before and After Photos
BEFORE

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AFTER

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Folsom City Council
Staff Report

1 MEETING DATE:

9/8/2026
AGENDA SECTION:

New Business
ITEM TITLE: Receive and Consider a Proposal from the Rotary Club of Folsom for Placement of an American Flagpole in the Historic Folsom Station Plaza and Provide Direction to Staff and Determination that the Project is Exempt from CEQA

FROM: Public Works Department

RECOMMENDATION / CITY COUNCIL ACTION

Staff recommends receiving and considering a proposal from the Rotary Club of Folsom for placement of an American flagpole in the Historic Folsom Station Plaza, and provide direction to Staff, and determination that the project is exempt from CEQA.

BACKGROUND AND ANALYSIS

City staff was approached by Chuck and Conni Thompson, representatives of the Rotary Club of Folsom, to fund and install an American flagpole located at the Historic Folsom Station Plaza near the Folsom Railroad Turntable. The project advocates propose to install the flagpole and fill in an existing dirt filled planter space at this location. Staff would like to provide a brief presentation and allow the applicant to daylight the community benefit of the proposed project and potential fundraising opportunities. Should Ci ty Council approve the location on public property, the project proponents will apply for an encroachment permit through the Public Works Department and a building permit through the Community Development Department, both are subject to fees that may be waived under the City Council’s authority.

POLICY / RULE

City policy requires permanent installations on real property be approved by the City Council .

Additionally, Folsom Municipal Code 3.50.040 grants authority to City Council to set, modify, or adjust fees and service charges for the reasons of economic development, community benefit, or for any other lawful purpose.

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2 FINANCIAL IMPACT

None identified. This project is proposed to be funded through the Folsom Rotary Club. Should the City Council decide to waive the associated permit fees, these minor amounts could be absorbed by the existing adopted budget.

ENVIRONMENTAL REVIEW

The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines.

ATTACHMENT

Project Location, Visual Rendering, and Brick Fundraising Exhibit

Respectfully Submitted,

Rebecca Neves, P.E.

Public Works Director/City Engineer

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Attachment 1

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Project Location, Visual Rendering, and Brick Fundraising Exhibit

Proposed Flagpole Location

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Visual Rendering of Proposed Flagpole

Potential Fundraising Mechanism for Purchase and Installation

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Folsom City Council
Staff Report

1 MEETING DATE:

9/8/2026
AGENDA SECTION:

New Business
ITEM TITLE: Presentation on AB 626 Micro-Enterprise Home Kitchen Operations and Direction to Staff

FROM: Community Development Department

BACKGROUND / ISSUE

Effective January 1, 2019, California Assembly Bill 626 (AB 626) established Microenterprise Home Kitchen Operations (MEHKOs) as a new category of retail food facility. AB 377, enacted later in 2019, amended several provisions governing MEHKOs, including permitting, inspections, delivery, and Internet-based food service intermediaries.

A MEHKO is a small food business operated by a resident from a private home. Unlike a traditional cottage food operation, which generally involves non-potentially hazardous foods, a MEHKO may prepare and sell meals and other foods that would ordinarily be prepared in a commercial food facility. State law establishes specific operational and food-safety requirements while exempting MEHKOs from certain requirements that apply to conventional retail food facilities.

The Legislature gave cities and counties discretion to authorize MEHKOs. A local jurisdiction must adopt an ordinance or resolution establishing a permitting and inspection program before MEHKOs may obtain permits in that jurisdiction. Consequently, AB 626 does not automatically authorize MEHKOs throughout California; each jurisdiction must affirmatively elect to participate.

In Sacramento County, the Sacramento County Environmental Management Department (EMD) is the local environmental health agency responsible for food facility permitting and enforcement. The Sacramento County Board of Supervisors therefore has the authority to determine whether the County will establish a MEHKO program that would apply to all incorporated cities within Sacramento County, including Folsom.

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2 In 2019, shortly after AB 626 became effective, the Folsom City Council received a presentation from Sacramento County Environmental Management Department staff regarding the new legislation and its potential implementation in Sacramento County.

At that time, the City Council considered the potential economic and entrepreneurial benefits of MEHKOs, as well as potential impacts associated with operating food businesses from residential properties. These concerns included increased customer activity, vehicle trips, parking demand, noise, odors, waste, deliveries, and the difficulty of enforcing requirements applicable to businesses operating from private residences.

Following that discussion, the City Council directed staff to recommend that the Sacramento County Board of Supervisors not authorize MEHKOs in Sacramento County. The City's position was consistent with the position taken by all other incorporated cities in Sacramento County at that time. As a result, Sacramento County has not authorized a countywide MEHKO program.

Since the new law went into effect seven years ago, 17 of the 58 counties in California (and two cities with independent health jurisdiction) have adopted MEHKO Ordinances with a variety of results. Sacramento County Board of Supervisors is again seeking input from the incorporated cities regarding whether Sacramento County should authorize MEHKOs. This report provides updated information regarding the State's MEHKO framework, potential land-use implications, permitting and enforcement considerations, and experience from jurisdictions that have implemented MEHKO programs.

ANALYSIS

AB 626 establishes a statewide regulatory framework allowing local jurisdictions to authorize Microenterprise Home Kitchen Operations (MEHKOs). A permitted MEHKO may prepare and sell food directly to consumers from a private residence, subject to State and local food-safety requirements.

MEHKOs are subject to permitting, inspection, food-safety, and operational requirements that distinguish them from conventional restaurants. Among other requirements:

• The operator must obtain a permit from the local environmental health agency and pass an initial inspection.
• The applicant must submit standard operating procedures addressing food types, preparation and handling, sanitation, temperature control, and operating days and hours. • Food generally must be prepared, cooked, and served on the same day. • Production is limited to 30 meals per day or 60 meals per week. • The operator may have no more than one full-time-equivalent employee, in addition to family or household members.
• MEHKOs must comply with applicable food manager certification and food-handler requirements.
• The annual gross-sales limit, originally established at $50,000, has been increased through subsequent legislation and inflation adjustments. The California Department of Public Health identified the adjusted limit as $107,121 for 2025.

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3 • Sales are generally limited to direct transactions between the MEHKO and the consumer, with restrictions on third-party delivery services.

MEHKOs are also subject to a modified inspection framework. Following the initial inspection, routine inspections are generally limited, although additional inspections may occur when the enforcement agency has a valid reason to suspect unsafe food, receives a complaint, or identifies another violation. The local enforcement agency may also renew permits and establish fees sufficient to recover reasonable administrative costs.

This framework provides food-safety oversight but differs from the regulatory requirements and inspection practices applicable to conventional restaurants. The distinction is important because food-safety enforcement does not necessarily address neighborhood impacts such as parking, traffic, noise, odors, or compatibility with surrounding residential uses.

Potential Neighborhood Impacts
The City's primary concern is not the preparation of food itself, but the potential for a residential property to function, in part, as a commercial food establishment. Traditional home occupations are generally characterized by limited customer activity and minimal impacts on surrounding properties. A MEHKO, by comparison, may involve the preparation and sale of meals to members of the public, customer pickup, on-site consumption, and delivery by the operator or household members.

Potential neighborhood impacts include:

• Increased vehicle trips associated with customers, employees, and deliveries; • Additional parking demand on residential streets;
• Customer arrivals and departures during evening or weekend hours; • Noise associated with customer activity and deliveries; • Food-related odors;
• Increased solid waste and recycling;
• Increased use of residential utility and waste-management infrastructure; and • Potential conflicts between commercial activity and the residential character of surrounding neighborhoods.

Although the impacts of an individual MEHKO may be relatively minor, the City must also consider the cumulative effect of multiple operations distributed throughout residential neighborhoods.

AB 626 further allows a MEHKO to provide an on-site consumer eating area within the permitted premises. This could result in a residential property functioning in ways that are more comparable to a small restaurant than a traditional home occupation.

Restrictions on third-party delivery services may reduce some potential impacts, but they do not eliminate customer trips, pickup activity, or deliveries conducted by the operator or household members.

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4 Limitations on Local Regulation
The City's existing home occupation regulations are intended to allow appropriate businesses to operate from residences while preserving the residential character of neighborhoods. MEHKOs present a unique challenge because State law significantly limits the City's ability to apply those traditional land-use controls.

If Sacramento County authorizes a MEHKO program, State law would prevent the City from prohibiting a permitted MEHKO, requiring a zoning permit or rezoning, or imposing zoning- based restrictions on a MEHKO operating within a residential dwelling.

Consequently, the City would have limited ability to use its normal zoning and home occupation regulations to address the neighborhood impacts associated with MEHKOs. Authorization of a County program could therefore create a category of commercial food activity in residential neighborhoods that does not align with the City's existing land-use framework.

Administration and Enforcement
If Sacramento County establishes a MEHKO program, the County Environmental Management Department would administer the food-safety permitting program, including application review, initial inspections, permit issuance, complaint response, and enforcement of applicable food- safety requirements.

AB 626 provides enforcement mechanisms, including inspections based on complaints or other reasonable grounds to suspect violations, permit renewal requirements, and administrative fees.

However, these mechanisms are primarily directed toward food safety and do not provide equivalent tools for addressing neighborhood concerns such as parking, traffic, noise, odors, or compatibility with residential uses.

Effective implementation would therefore require adequate County staffing, permitting resources, complaint-response procedures, and coordination with local jurisdictions. The City is concerned that a new County regulatory program may not include sufficient resources to address the broader impacts associated with home-based commercial food operations.

AB 626 also establishes requirements for Internet Food Service Intermediaries (IFSIs), including registration with the California Department of Public Health and disclosure of MEHKO permit information. These requirements provide additional consumer protections and facilitate the reporting of certain food-safety complaints, but they do not address the City's broader land-use concerns.

Experience in Other Jurisdictions
Since AB 626 took effect, several California jurisdictions have authorized MEHKO programs.

As of 2026, available statewide tracking identifies approximately 17 counties, as well as the cities of Berkeley and Long Beach, as having authorized programs, although implementation varies by jurisdiction.

Experience elsewhere indicates that MEHKOs can provide a lower-cost entry point into the food-service industry and create opportunities for entrepreneurs who may not otherwise have the

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5 resources to establish a conventional restaurant. At the same time, jurisdictions have reported varying administrative, permitting, and code-enforcement considerations.

For example, Contra Costa County's evaluation of its MEHKO pilot reported 34 operators seeking renewal in 2026 and two food-safety complaints during the pilot period, with no reported foodborne illness complaints. The County nevertheless identified code-enforcement issues, including investigations involving unpermitted food operations.

These experiences indicate that MEHKOs can operate with food-safety safeguards, while also demonstrating the importance of adequate administrative and enforcement resources.

Conclusion
Staff recognize the economic-development benefits of MEHKOs. The model can reduce the cost and regulatory barriers associated with entering the food-service industry, allow entrepreneurs to test business concepts before making the substantially greater investment required for a commercial restaurant, and expand access to culturally diverse foods.

However, the City must balance these benefits against its responsibility to preserve the character and livability of residential neighborhoods. In staff's assessment, the economic-development benefits of MEHKOs do not outweigh the potential neighborhood impacts and the administrative and enforcement challenges associated with a program over which the City would have limited land-use control.

Of particular concern is the State's limitation on local zoning authority. If Sacramento County authorizes MEHKOs, the City would have limited ability to apply its existing home occupation and zoning standards to address traffic, parking, noise, odors, and other neighborhood impacts.

AB 626 establishes a statewide food-safety framework with permitting, inspection, and complaint-response requirements, but it also creates a regulatory structure that differs from conventional commercial food facilities and significantly limits local regulation of permitted MEHKOs.

Sacramento County has not adopted a MEHKO program. Given the potential for increased commercial activity in residential neighborhoods, the limitations on local land-use regulation, and the additional administrative and enforcement challenges associated with the program, staff recommends that the City maintain its existing position and not support authorization of a County MEHKO program at this time.

RECOMMENDATION

Staff recommend that City Council reaffirm its opposition to Assembly Bill 626, which authorizes Microenterprise Home Kitchen Operations within residential neighborhoods and recommend to Sacramento County Board of Supervisors that they continue to "opt out" of MEHKO program established by AB626.

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6 ATTACHMENT

Sacramento County MEHKOs Frequently Asked Question

Submitted,

Pam Johns, Community Development Director

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ATTACHMENT 1

Sacramento County MEHKOs Frequently Asked Question

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Environmental Management Department
Protecting Public Health and the Environment

11080 White Rock Road, Suite 200
Rancho Cordova, CA 95670
(916) 875-8440 ● EMD.saccounty.gov

Background:

The California Health and Safety Code (i.e. California Retail Food Code) was recently amended to establish a “microenterprise home kitchen operation” as a new type of retail food facility. A MEHKO, if authorized by the local governing body of an enforcement agency (i.e. local environmental health jurisdiction) would allow the enforcement agency to issue a permit to an individual to operate a restaurant in their private home.

Permitting:

Q: What is a Microenterprise Home Kitchen Operation?
A: It is a type of food service operated by a resident from a private home where food is prepared, cooked and served to consumers on the same day. Food is to be consumed onsite, picked up or be delivered to the consumer within a safe time period (i.e. within 30 minutes without hot-holding equipment).

Q: When does the MEHKO law go into effect?
A: While the law became effective January 1, 2019, unless a local governing body such as a County authorizes this type of food facility, a permit will not be able to be issued by the local environmental health jurisdiction.

Q: Do I need a permit to operate a MEHKO?
A: Yes, a permit shall be obtained from the local environmental health jurisdiction prior to operating a MEHKO.

Q: How do I obtain a permit?
A: To obtain a permit, submit a permit application, Standard Operational Procedures (SOP) and payment to the environmental health jurisdiction where the MEHKO is located. The submitted packet will be reviewed and an inspection of the MEHKO will be scheduled. If approved, a permit will be issued. Fees will vary depending on the local ordinance and fee schedule.

Q: How long does the application process take for a MEHKO? A: The application process is determined by the level of detail and completeness of the application package. The standard application process for MEHKOs is up to 20 calendar days if the application package is complete and the level of detail in the operational procedures is included to demonstrate compliance with the law.

Q: I have a MEHKO permit for my current residence and will be moving. Is my permit still valid for my new residence?
A: No, permits are not transferable to other people or other locations. Permits that are issued by the environmental health jurisdiction are only valid for the person, location and type of food service initially approved. If the food permittee moves, changes their menu or type of food Microenterprise Home Kitchen Operations (MEHKOs)
Frequently Asked Questions (FAQs)

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service, a new permit application will need to be submitted for approval by the local environmental health jurisdiction.

Q: Can multiple MEHKO permits be issued for two residents? A: Only one MEHKO may operate from a private residence. Permits are specific for the person, location and type of food service to be offered.

Q: What information is required in a MEHKO’s standard operating procedures? A: A MEHKO’s standard operating procedures shall include:
• All food types or products (e.g. menu items) that will be handled. • The proposed procedures and methods of food preparation and handling. • Procedures, methods, and schedules for cleaning utensils, equipment, and for the disposal of refuse.
• How food will be maintained at the required holding temperatures, pending pickup by the consumer and during delivery.
• Proposed days and times when the home kitchen may potentially be utilized as a MEHKO. • Will the food be served on site, delivered, picked up or all of the above.

Q: Can a permitted Cottage Food Operator (CFO) also operate as a MEHKO? A: No, a CFO is restricted to non-potentially hazardous foods and cannot serve food from a private home.

Q: What is the difference between a Cottage Food Operation (CFO) and a Microenterprise Home Kitchen Operation (MEHKO)?
A: A CFO is restricted to preparing and selling only non-potentially hazardous foods that have been approved by the California Department of Public Health which may be sold directly or indirectly to the consumer whereas a MEHKO allows for the limited preparation of potentially hazardous foods for onsite consumption or delivery when permitted by the local environmental health jurisdiction.

Q: Who is the “local enforcement agency” for MEHKOs?
A: The local enforcement agency for food facilities, including MEHKOs, in Sacramento County is the Environmental Management Department.

Q: How often will a MEHKO be inspected by the local environmental health jurisdiction? A: After the initial permitting inspection, a MEHKO may be subject to one routine inspection per fiscal year. Additional inspections may be conducted in response to a consumer complaint, or reason to suspect that adulterated or otherwise unsafe food has been produced or served.

Q: What areas of the MEHKO will be permitted and inspected? A: The areas of a MEHKO that will be permitted and inspected include the home kitchen, onsite consumer eating area, food storage, utensils and equipment, toilet room, cleaning facilities, and refuse storage area (this includes garbage, recycling and composting areas).

Q: What happens if a customer complains after eating at or purchasing food and beverages from a MEHKO?
A: The Environmental Health Specialist may conduct an onsite inspection to investigate the alleged complaint. Fees may be assessed by the local environmental health jurisdiction for the investigation.

Q: What information is available to assist a MEHKO to operate in a safe and healthy way? A: The local environmental health jurisdiction is a great resource to obtain information.

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Q: Is a letter grade/placard required to be posted at a MEHKO like it is at a permanent food facility or a mobile food facility?
A: The law exempts a MEHKO from any local grading system. Inspection report data and violation information relating to any inspections conducted at a permitted MEHKO can be found at https://inspections.myhealthdepartment.com/sacramento.

Q: How would the public know if a MEHKO has an approved permit? A: A MEHKO is required to display their permit, or a legible copy, during hours of operation.

Customers can also visit https://inspections.myhealthdepartment.com/sacramento to determine if a MEHKO has a valid permit.

Operations:

Q: Who is considered a resident?
A: A resident is an individual who lives in a private home (such as a single home, apartment, duplex, or condominium) when not elsewhere for work or temporary basis (i.e. vacation).

Q: Can a MEHKO operate as a Caterer?
A: No, a MEHKO is prohibited from operating a Catering Operation. Only permanent food facilities approved for food preparation (such as a restaurant, banquet facility or other approved commercial kitchen) can conduct catering operations.

Q: Who can I sell my food to?
A: Food must be sold directly to a consumer for onsite consumption or delivery and not to a wholesaler or retailer.

Q: Can a MEHKO sell or give away food products at a temporary event or certified farmer’s markets?
A: No, a MEHKO cannot sell food products at a temporary event or certified farmer’s market. A MEHKO is limited to selling food directly to a consumer for onsite consumption or delivery.

Q: Can a MEHKO sell to any wholesaler or retailer?
A: No, a MEHKO can only sell food directly to consumers, through an internet Web site, or a mobile application of an Internet food service intermediary (see FAQ further in the document for the definition of an internet food service intermediary).

Q: Can a MEHKO advertise in front of the residence?
A: No, the MEHKO is prohibited from posting signage or other outdoor displays advertising the MEHKO from a residence.

Q: Can a MEHKO advertise online?
A: Yes, a MEHKO can utilize an internet food service intermediary or other online platform that lists or promotes the MEHKO on its internet web site or mobile application.

Q: Can a MEHKO advertise using print media?
A: Yes, a MEHKO can advertise in a newspaper or other print media. The MEHKO must clearly identify the name of the local enforcement agency that issued the permit, the permit number along with the following statement “Made in a Home Kitchen” in a conspicuous font and location within the advertisement.

Q: If there are complaints about odors, traffic, parking, and/or excessive noise, what agency should be notified?

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A: Any complaints involving nuisance concerns can be reported directly to the local city’s Code Enforcement Department, or for MEHKOs in the unincorporated areas, to the County Code Enforcement Program.

Q: Can a MEHKO utilize a third-party online delivery service, such as Uber Eats or DoorDash to deliver food?
A: MEHKO is not allowed to utilize any third-party delivery service except for an individual who has a physical or mental condition which limits them to access the food without a third-party delivery service.

Food Service:

Q: What type of food service is the MEHKO permitted to do? A: A MEHKO can prepare and sell foods that have been approved by the local environmental health jurisdiction for same day onsite consumption or delivery.

Q: What are the menu limitations on a MEHKO?
A: A MEHKO business may not prepare food or beverages that:
• Involve the production, service, or sale of raw milk or raw milk products. • Involve the service or sale of raw oysters.
• Involve food processes that require a Hazard Analysis Critical Control Point Plan (see follow-up question below for more information).

Q: Can a MEHKO make and sell ice cream or other milk products? A: No. The California Department of Food and Agriculture requires a license and specific requirements for the manufacturing of ice cream or dairy based foods. A residential home will not be able to meet those requirements. This does not prohibit a MEHKO from utilizing dairy products such as pasteurized milk purchased from an approved source as an ingredient in a food product.

Q: Can homegrown fruits and vegetables be used in a MEHKO? A: Yes, however, care should be taken to ensure all fruit and produce is grown and handled using best management practices associated with a community food producer and all produce must be thoroughly washed prior to use.

Q: Can a MEHKO add cannabis, CBD, or Kava to a food product as part of their operation? A: No, only approved food additives may be used as an ingredient in food preparation. At this time, cannabis, CBD and Kava have not been approved as a food additive by the Food and Drug Administration.

Q: Can a MEHKO donate food?
A: A MEHKO may donate food to a food bank or to any other charitable nonprofit organization if the food has been handled in compliance with the California Retail Food Code and is donated the same day it is prepared.

Q: Can I keep leftovers to serve the next day?
A: Leftovers can’t be served the next day as part of the MEHKO operation.

Q: Can a MEHKO package food or beverages?
A: A MEHKO may portion food into containers for same day pick up or delivery service.

Q: Are commercial equipment and/or appliances required in a MEHKO? A: No, commercial equipment and/or appliances are not required as long as the equipment/appliances are maintained clean and are in good working order. Page 358 09/22/2026 Item No.18.

Q: Are there any special requirements regarding a private residential water well? A: Yes, only potable water from a properly constructed and maintained onsite well or municipal water system can be used. Bacteriological tests (quarterly), Nitrates (annually), Nitrites (every 3 years), and constituents of concern such as Fluoride and Arsenic (once) may be required by the local enforcement agency.

Q: Can a MEHKO operate an open-air barbecue or an outdoor wood-burning oven? A: Yes, a MEHKO may operate an open-air barbecue or an outdoor wood-burning oven as long as the barbecue or oven is operated on the same premises as a MEHKO, is separated from public access, and meets the requirements of California Retail Food Code Section 114143.

Q: Are restrooms required to be available for MEHKO customers? A: Yes, clean toilet facilities, in good condition, shall always be available for employees and for consumers when there is onsite consumption.

Q: Can alcoholic beverages be served or sold from a MEHKO? A: Contact Department of Alcohol Beverage at https://www.abc.ca.gov/.

Employees and Record Keeping:

Q: What is the definition of a food employee?
A: A food employee is an employee who works with food, food equipment or utensils, or food contact surfaces.

Q: Are family or household members considered food employees? A: No, family members and household members are not considered food employees of a MEHKO but are still subject to food safety rules.

Q: What are the limitations for a MEHKO to hire food employees? A: A MEHKO may have no more than one (1) full time equivalent food employee.

Q: What food safety certificates are required to operate a MEHKO? A: The operator of the MEHKO shall successfully pass an approved and accredited food safety examination by the American National Standards Institute as meeting the requirements of the Conference for Food Protection’s Standards for Accreditation of Food Protection Manager Certification Programs and any individual, other than the operator, who is involved with the preparation, storage, or service of food in a MEHKO shall obtain an approved food handler card.

A food employee that has a valid food safety manager certificate is not required to obtain a food handler card.

Q: What are the sales limitations of a MEHKO?
A: The MEHKO shall have no more than $100,000 in verifiable (ex. invoices) gross annual sales.

Records of all sales must be kept so that compliance with this limitation can be verified.

Q: What records are required to be maintained for review by the local environmental health jurisdiction?
A: The MEHKO shall maintain the following documents onsite for review during an inspection:
• Written standard operating procedures that include a menu, and hours of operation. • The permit to operate, or an accurate copy, shall be always displayed onsite when the MEHKO is in operation.
• Valid certificate of the food safety manager certification for the operator and a valid food handler card(s) or food safety manager certification for any food employees. Page 359 09/22/2026 Item No.18.
• A copy of the valid driver’s license of a person delivering food on behalf of the MEHKO. • A copy of the most recent inspection report.
• Copies of the MEHKO financial records as it relates to the gross annual sales.

Q: What if I want to change my menu after I have obtained a permit as a MEHKO? A: If the proposed menu change requires new equipment or additional food storage capacity, an updated SOP may be required by the local enforcement agency. Contact the local enforcement agency to determine what may be required before changing the menu.

If you have any questions that have not been answered in these FAQs, or if additional clarification is needed, please email EMD at [email protected] or call us at 916-875-8440.

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Folsom City Council
Staff Report

1 MEETING DATE:

9/8/2026
AGENDA SECTION:

New Business
ITEM TITLE: Resolution No. 11697 – A Resolution Accepting the Notice of Completion for the Community Facilities District No. 18 Phase 2 Water Improvements Project (Phase 2A) with a Construction Total of $18,552,386, Authorizing an Appropriation of $44,778 from the Road Maintenance and Rehabilitation Fund (Fund 235), and Authorizing the Chief Financial Officer/Finance Director to Release All Remaining Retention for Said Project.

FROM: Utilities Department

RECOMMENDATION / CITY COUNCIL ACTION

The Utilities Department recommends that the City Council pass and adopt Resolution No. 11697 – A Resolution Accepting the Notice of Completion for the Community Facilities District No. 18 Phase 2 Water Improvement s Project (Phase 2A) with a Construction Total of $18,552,386 Authorizing an Appropriation of $44,778 from the Road Maintenance and Rehabilitation Fund (Fund 235), and Authorizing the Chief Financial Officer/Finance Director to Release All Remaining Retention for Said Project.

BACKGROUND / ISSUE

On October 8, 2024, City Council approved Resolution No. 11270 with Mozingo Construction, Inc. for the construction of the Phase 2 Water Improvements Project (Phase 2A) and Appropriation of Funds from the Community Facilities District No. 18. This work generally consisted of:
• Additional potholing as needed to identify utility conflicts. • Development of Traffic Control Plans for work covered in the project plans and specifications.
• Construction of approximately 18,500 L.F. of new 24” pipeline along the Oak Avenue and East Bidwell corridors.
• Construction of tie-ins to existing pipelines at the water treatment plant, Scholar Way and Broadstone Parkway.

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2 • Trail modifications, grading, paving, drainage system modifications, and tree protection.

On November 11, 2024, City Council approved Resolution No. 11284 with Dewberry, Inc. for construction management and inspection services of the Phase 2 Water Improvements Project (Phase 2A) and Appropriation of Funds from the Community Facilities District No. 18. This work generally consisted of full-time, on -site inspection, resident engineering services, project constructability review, pre and post construction documentation, project schedule tracking, review and/or coordination of project submittals, labor compliance review, customer coordination, materials testing, and overall owner representation throughout construction. Work also included the following support from sub-consultants to Dewberry, Inc. • Arborist services from ECORP.
• Surveying services from R.E.Y. Engineers, Inc.
• Materials testing services from ENGEO.
• Communications and outreach services from AIM Consulting. • Storm Water Pollution Prevention Plan (SWPPP) services from VERUX. • Engineering services during construction from HydroScience.

On October 28, 2025, City Council approved Resolution 11493 for the addition of maintenance paving on Iron Point Road as part of a necessary road closure scheduled to complete the original contract work and Appropriation of Funds from the Road Maintenance and Rehabilitation Fund (Fund 235). This work consisted of a grind and overlay maintenance paving of the existing asphalt and striping on Iron Point Road from East Bidwell Street to Cavitt Drive. The contractor did encounter some subbase failures during the work and repairs were necessary, including installation of Glaspave paving mat to reinforce the roadway section. This additional and unforeseen work led to an overage of $44,778 and the need for an additional appropriation from the Road Maintenance and Rehabilitation Fund (Fund 235) as included under the recommended action.

POLICY / RULE

Section 7.30 of the City’s General Provisions for public works projects states that the acceptance of the project work shall only be made by written formal acceptance by the City through a Notice of Completion recorded with the County of Sacramento. This indicates that the work is fully and satisfactorily completed and that the provisions of the contract documents were fully and satisfactorily performed in all respects.

ANALYSIS

When public works projects are completed by a Contractor the City will issue a Notice of Completion to begin the two-year warranty period per the City’s General Provisions. Based on the work completed by Mozingo Construciotn, Inc. and on the City’s formal acceptance of the Community Facilities District No. 18 Phase 2 Water Improvements Project (Phase 2A), the Notice of Completion (NOC) was issued on March 10 , 2026 and is shown in Attachment 2. Below is a summary of the project costs associated with CFD No. 18.

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3 Project Services
Bid
Amount
Projected
Final
Amount Delta
Construction $18,485,246 $18,552,386 ($67,140)
Construction Management and Inspection
(arborist, materials testing, surveying,
communications and outreach, engineering
services during construction, and stormwater
pollution prevention)
$2,909,198 $1,445,000 $1,464,198
Prior project costs (design, environmental,
planning) N/A $2,188,839 N/A

CFD No. 18 Project Proceeds $25,800,000
Approximate CFD No. 18 Proceeds Remaining $3,613,775
Table 1: CFD No. 18 Overall Project Budget

Figure 1. CFD No. 18 Project Location Map

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4 Construction Photos

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5

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6

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7

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8

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9 FINANCIAL IMPACT

An appropriation in the amount of $44,778 in the Road Maintenance Rehabilitation fund (Fund 235) is required to cover additional cost s incurred during the paving work due to unforeseen subbase failure s. Sufficient funds are available in the Road Maintenance Rehabilitation fund (Fund 235) to support the requested appropriation.

ENVIRONMENTAL REVIEW

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

ATTACHMENTS

1. Resolution No. 11697 – A Resolution Accepting the Notice of Completion for the Community Facilities District No. 18 Phase 2 Water Improvements Project (Phase 2A) with a Construction Total of $18,552,386, Authorizing an Appropriation of $44,778 from the Road Maintenance and Rehabilitation Fund (Fund 235), and Authorizing the Chief Financial Officer/Finance Director to Release All Remaining Retention for Said Project.

2. Notice of Completion for the Phase 2 Water Improvements Project (Phase 2A) for filing with the Sacramento County Recorder’s Office.

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10 Submitted,

Marcus Yasutake, Director

UTILITIES DEPARTMENT

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Attachment 1

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Resolution No. 11697

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RESOLUTION NO. 11697

A RESOLUTION ACCEPTING THE NOTICE OF COMPLETION FOR THE COMMUNITY FACILITIES DISTRICT NO. 18 PHASE 2 WATER IMPROVEMENTS PROJECT (PHASE 2A) WITH A CONSTRUCTION TOTAL OF $18,552,386, AUTHORIZING AN APPROPRIATION OF $44,778 FROM THE ROAD
MAINTENANCE AND REHABILITATION FUND (FUND 235), AND AUTHORIZING

THE CHIEF FINANCIAL OFFICER/FINANCE DIRECTOR TO RELEASE ALL

REMAINING RETENTION FOR SAID PROJECT

WHEREAS, the City has identified this project as a priority to maintain the integrity and operation of the water distribution system; and

WHEREAS, the work is fully and satisfactorily complete and the provision of the contract documents were fully and satisfactorily complete including additional maintenance paving on Iron Point Road; and

WHEREAS, the project was completed ahead of schedule; and

WHEREAS, the City issued a Letter of Acceptance to Mozingo Construction, Inc. on March 10, 2026
; and

WHEREAS, the project is now ready to record the Notice of Completion and release all remaining retention.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom accepts the Notice of Completion for the Community Facilities District No. 18 Phase 2 Water Improvements Project (Phase 2A) with a construction total of $18,552,386, and Authoriz es the Chief Financial Officer/Finance Director to Release All Remaining Retention for Said Project.

BE IT FURTHER RESOLVED that the Finance Director is authorized to appropriate $44,778 for this project in the Road Maintenance Rehabilitation Fund (Fund 235) for the additional costs incurred during the paving work due to unforeseen subbase failures.

PASSED AND ADOPTED this 8
th day of September 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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Folsom City Council
Staff Report

1 MEETING DATE:

9/8/2026
AGENDA SECTION:

New Business
SUBJECT: Ordinance No. 1376- An Ordinance of the City of Folsom Adding Chapter 10.44 of the Folsom Municipal Code Regarding E-bikes and E-Conveyances (Introduction and First Reading)

FROM: Police Department

RECOMMENDATION / CITY COUNCIL ACTION

Staff recommends that the City Council introduce and conduct the first reading of Ordinance No. 1376- An Ordinance of the City of Folsom Adding Chapter 10.44 of the Folsom Municipal Code Regarding E-Bikes and E-Conveyances (Introduction and First Reading)

BACKGROUND / ISSUE
Over the past five years, sales of electric conveyances have increased dramatically nationwide.

These include e-bikes, e-scooters, e-motorcycles, and other single-rider electric devices, with 2 million units reportedly sold in 2025. The Police Department has experienced a significant rise in calls for service involving e-conveyance riders, particularly juveniles, on roadways, in City parks, and on bike paths. These calls often involve dangerous, threatening, or destructive behavior.

In response to the increase in calls for service related to these vehicles as well as an increase in collisions involving them, Traffic and School Resource Officers implemented education campaigns beginning in 2023 and those continue today. Folsom Police Department has worked closely with the school district to educate children and parents about e-conveyance laws and we have utilized social media and traditional media outreach. Additionally, they have issued warning tickets and traffic citations for violations. Patrol officers have engaged in a proactive enforcement campaign this year, have issued citations, towed e-motorcycles, and made arrests for crimes perpetrated by persons on these vehicles.

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2 Despite these efforts, complaints and reports of unsafe riding and damage to City parks from some e-conveyance users continue. Many cities across the state are implementing local ordinances to address improper riding behaviors and limit the use of e-bikes in city parks.

POLICY / RULE

Under Section 2.12 of the City Charter, amendments to the Folsom Municipal Code require review and approval by the City Council.

ANALYSIS
Staff proposes a narrowly tailored ordinance that addresses improper or dangerous riding behaviors and prohibits riding within City parks unless signage at the park states that it is specifically authorized. In drafting this ordinance, we consulted with City Parks and Recreation, Trail Planning, Folsom Cordova Unified School District, California State Parks, businesses and a local nonprofit cycling organization. This collaboration helped ensure the ordinance is well crafted and allows for safe, appropriate e-conveyance use by riders of all ages.

This ordinance generally restricts riding in parks, playgrounds, and schools while allowing the people managing these sites to designate e-conveyance paths or use areas.

FINANCIAL IMPACT

This ordinance is expected to generate minimal revenue from fees and fines. Enforcement operational costs are already budgeted within normal personnel and equipment expenses.

ATTACHMENT

Ordinance No. 1376 - An Ordinance of the City of Folsom Adding Chapter 10.44 of the Folsom Municipal Code Regarding E-Bikes and E-Conveyances (Introduction and First Reading)

Submitted,

_____________________________________
Adam Green, Chief of Police

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Attachment 1

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Ordinance No. 1376

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ORDINANCE NO. 1376
AN ORDINANCE OF THE CITY OF FOLSOM ADDING CHAPTER 10.44 OF THE FOLSOM

MUNICIPAL CODE REGARDING E- BIKES AND E-CONVEYANCES
WHEREAS, the regulation of electric bicycles and electric conveyances are a public safety concern; and
WHEREAS, operators and riders of these devices involved in traffic collisions suffer more serious injuries when compared to traditional bicycle and vehicle collisions; and WHEREAS, the State of California Vehicle Code provides authority for local agencies to regulate the use of electric bicycles and similar conveyances; and WHEREAS, changes and amendments to the California Vehicle Code have limited the types of conduct that local agencies may regulate through ordinance; and WHEREAS, the City Council now desires to regulate the use of electric bicycles and electric conveyances on public property, including streets, highways, bicycle lanes, sidewalks, property owned by the City, off-street parking facilities, parks, and other public spaces.

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

SECTION 1 PURPOSE
The purpose of this ordinance is to add chapter 10.44, “Electric Bicycles and Electric Conveyances”, to the Folsom Municipal Code. This ordinance regulates the locations electric bicycles and other conveyances can be used and prohibits specific unsafe riding actions.

SECTION 2 ADDITION TO CODE
Chapter 10.44, “Electric Bicycles and Electric Conveyances”, is hereby added to the Folsom Municipal Code to read as follows:

Chapter 10.44

ELECTRIC BICYCLES AND ELECTRIC CONVEYANCES

Sections:

10.44.010 Purpose and intent.

10.44.020 Definitions.

10.44.030 Enforcement.

10.44.040 Prohibited and unsafe operation.

10.44.050 Parking.

10.44.060 Electric bicycle specifications; tampering prohibited.

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10.44.010 Purpose and intent.

This chapter is enacted for the purpose of regulating the operation and parking of electric bicycles and electric conveyances on sidewalks, pedestrian facilities, bicycle lanes, public property, and public rights-of-way within the City. It is adopted pursuant to the authority reserved to local agencies under the California Vehicle Code and the City's police powers. This chapter is not intended to duplicate, contradict, or regulate any matter covered by the Vehicle Code or other applicable state law fully occupying the field, and shall be construed consistently with state law. Where state law governs the operation or equipment of a device, this chapter supplements state law only to the extent local regulation is authorized.

This chapter is not intended to regulate the use of electrically motorized mobility devices utilized by persons with disabilities as an aid to mobility such as, but not limited to, electric wheelchairs and mobility scooters as defined in California Vehicle Code Section 407 and/or the Americans with Disabilities Act (ADA), utilized by persons who by reason of physical disability are otherwise unable to move about as a pedestrian.

10.44.020 Definitions.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates otherwise or requires a different meaning:

Bicycle lane. The portion of the roadway which has been separated from any vehicular lanes by a solid white line or other pavement marking or defined for bicycle riders by appropriate signage or other traffic control devices.

Bicycle path. Means the same as that term is defined in Vehicle Code section 231.5, as may be amended or superseded.

Electric conveyance (“e-conveyance”). Includes, but is not limited to, any electrically motorized scooter, electrically motorized board, motorized bicycle or electric motorcycle which is propelled at least in part by electrical energy, or any other device propelled by an electric motor and designed to transport one or more people. E-conveyances do not include electric vehicles that are intended to be operated on the roadways and registered with the California Department of Motor Vehicles under the California Vehicle Code.

Electric bicycle (“e-bike”). Means the same as that term is defined in Vehicle Code Section 312.5, as may be amended or superseded.

Electrically motorized board. Means the same as that term is defined in Vehicle Code Section 313.5, as may be amended or superseded.

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Electrically motorized scooter. Means the same as that term is defined in Vehicle Code Section 407.5, as may be amended or superseded.

Motorized bicycle. Means the same as that term is defined in Vehicle Code Section 406, as may be amended or superseded.

Electric motorcycles (“eMoto”). Means the same as that term is defined in Vehicle Code Section 436.1, as may be amended or superseded.

Public right-of-way. Means any place of any nature which is dedicated, or otherwise intended, for use by the general public for pedestrian and/or vehicular travel, and includes, but is not limited to, a street, sidewalk, walkway, curb, crossing, intersection, parkway, bicycle path, trail, highway, boulevard, road, roadway, tunnel, bridge, parking lot, thoroughfare, alley, lane, pedestrian overpass, or any other similar public way.

Roadway. Means the same as that term is defined in Vehicle Code section 530, as may be amended or superseded.

Sidewalk. Means the same as that term is defined in Vehicle Code section 555, as may be amended or superseded.

10.44.030 Enforcement.

A. Administrative enforcement. A violation of this chapter is designated as an administrative violation subject to enforcement pursuant to the provisions of Chapter 1.09. A violation of this chapter is designated as a Level A violation, as that term is described in Section 1.09.012. The monetary sanction levied for a violation of this chapter shall be $50 for a first violation, $100 for a second violation of any provision of this chapter within one year, and $500 for each additional violation of any provision of this chapter within one year.

B. Parent/Guardian Liability. Whenever a person charged with violation of this chapter is under the age of 18, the enforcement authority shall provide copies of all notices and orders specified in Title 1 to that person’s parent(s) and/or legal guardian. The parent(s) and/or legal guardian of a minor who is charged with a violation of this chapter is a responsible person for purposes of any administrative sanction levied under Chapter 1.09. Any administrative sanction levied for violation of this chapter may be levied against the minor and the parent(s) and/or legal guardian of the minor. The parent(s) and/or legal guardian shall have the right to a hearing and judicial review as set forth in Chapter 1.09. In the event of a conflict between the terms of this section and Section 1.09.028, the terms of this section shall control.

C. Violation as an Infraction. Violation of this chapter is an infraction, punishable by a fine not exceeding $50 for a first violation, $100 for a second violation of any provision of this chapter within one year, and $500 for each additional violation of any provision of this chapter within

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one year. A minor's parent(s) and/or legal guardian is not subject to criminal liability under this subsection.

D. Remedies Cumulative. The remedies and penalties provided for violation of this chapter are cumulative, alternative, and nonexclusive. The use of one does not prevent the use of any other criminal, civil, or administrative remedy or penalty authorized by or set forth in the Folsom Municipal Code. None of the penalties or remedies authorized by or set forth in the Folsom Municipal Code shall prevent the city from using any other penalty or remedy under state law that may be available to enforce this chapter or to abate a public nuisance.

E. Separate violations. Where multiple violations have occurred or are occurring, each separate act in violation of this chapter constitutes a separate violation and shall be subject to a separate sanction.

F. Enforcement. The police chief or designee shall enforce the provisions of this chapter.

10.44.040 Unsafe Operation Prohibited.
(A) Every person riding an e-bicycle or e-conveyance upon a roadway shall be granted all of the rights, and shall be subject to all of the duties, applicable to them under the laws of the state, under the provisions of this code, and under any other applicable rule of the road. (B) It shall be unlawful and a violation of this chapter for any person to operate an e-bicycle or e- conveyance by doing any of the following on any sidewalk, pedestrian facility, park, bicycle lane, bicycle path, public property, or public right-of-way, or on private property held open to the public for pedestrian, bicycle, or vehicular use:

1. Intentionally swerving or riding around stopped or slow traffic in a manner that creates a hazard or unreasonably obstructs the sightlines or visibility of other roadway users.

2. Operating an e-bicycle or e-conveyance in a manner it was not designed for, including carrying passengers on an e-bicycle or e-conveyance not intended to carry passengers or carrying more passengers than the number the e-bicycle or e-conveyance is designed or equipped to carry.

3. Not obeying posted signs, signals, or markings.

4. Intentionally lifting one or more wheels of an e-bicycle or e-conveyance into the air while riding on a public right-of-way.

5. Attempting to perform any acrobatic trick or stunt in any public right-of-way.

6. Operating on any public right-of-way, against the direction of traffic, except when passing in a safe manner.

7. Operating at a speed greater than as provided in the Vehicle Code or, if no such speed limit is provided in the V ehicle Code, 15 miles per hour on any public right-of-way, or at

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any speed greater than is reasonable or prudent under the conditions then existing, taking into account the safety of persons, animals, and property.

8. Failing to yield to pedestrians on a sidewalk, walkway, trail or path.

9. Operating an e-bicycle or e-conveyance while holding and operating a handheld wireless telephone or an electric wireless communications device unless the wireless telephone or electric wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while riding.

10. Operating an e-bicycle or e-conveyance upon any playground, park, or school ground unless signage at the site states that operation of e-bicycles and/or e-conveyances is specifically authorized.

11. Operating an e-bicycle or e-conveyance in any location, or during any hours, posted as prohibiting such operation under this chapter.

12. When posted, no person shall operate an e-bicycle or e-conveyance at any city special event.

C. The prohibitions on (i) lifting one or more wheels into the air while riding and (ii) attempting to perform any acrobatic trick or stunt shall not apply in a closed area, officially designated for such riding, with signage at the site stating that operation of e-bicycles and/or e-conveyances is specifically authorized.

10.44.050 Parking.

No person shall leave an e-bicycle or e-conveyance lying on its side on any sidewalk, nor park an e-bicycle or e-conveyance upon the public right-of-way, or against a building, or at a curb, so that there is not an adequate path for pedestrian traffic. Where no-parking signs are posted, no person shall park an e-bicycle or e-conveyance on a public roadway in the area designated by those signs.

10.44.060 Electric bicycle specifications; tampering prohibited.

A. An electric bicycle shall meet the following criteria:

1. Comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1 et seq.);

2. Operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied or operate in a manner such that the motor is engaged through a switch or mechanism that, when released or deactivated, will cause the electric motor to disengage or cease to function.

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B. A person shall not tamper with or modify an electric bicycle so as to change the speed capability of the device, or otherwise alter, modify, or adjust the motor settings to increase the speed of the device, unless he or she replaces the label indicating the appropriate classification.

SECTION 3 SCOPE

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

SECTION 4 SEVERABILITY

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

SECTION 5 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 and 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, 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.

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 ____ day of _______, 2026, by the following roll-call vote:

AYES: Councilmember(s):

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Ordinance No. 1376

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NOES: Councilmember(s):

ABSENT: Councilmember(s):

ABSTAIN: Councilmember(s):

__________________________________
Justin Raithel, MAYOR

ATTEST:

______________________________
Christa Freemantle, CITY CLERK

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Folsom City Council
Staff Report

1 MEETING DATE:

9/8/2026
AGENDA SECTION:

New Business
SUBJECT: Ordinance No. 1377 – An Ordinance of the City of Folsom Amending Chapter 10.40 “Use of Electric Assist Mobility Devices on Class I Trails” of the Folsom Municipal Code to Prohibit Unsafe Riding on the Class I Bicycle Path Network (Introduction and First Reading)

FROM: Parks and Recreation Department

RECOMMENDATION / CITY COUNCIL ACTION

Staff recommends that the City Council introduce and conduct the first reading of Ordinance No. 1377 – An Ordinance of the City of Folsom Amending Chapter 10.40 “Use of Electric Assist Mobility Devices on Class I Trails” of the Folsom Municipal Code to Prohibit Unsafe Riding on the Class I Bicycle Path Network

BACKGROUND / ISSUE
In 2013, Ordinance 1175 was adopted by the City Council, adding Chapter 10.40 “Use of Electric Assist Mobility Devices on Class I Bike Trails” to the Folsom Municipal Code. The intent was to regulate the safe use of electric-assist mobility devices on the City’s Class I trails.

Since the adoption of that ordinance, the various types of electric conveyances have changed, and as a result, there have been updates to the California Vehicle Code (CVC) to reflect the different types and classifications of electric conveyances. Chapter 10.40 of the Folsom Municipal Code is in need of an update to align with the changes to the CVC.

Additionally, over the past five years, sales of electric conveyances have increased dramatically nationwide. These include e-bikes, e-scooters, e-motorcycles, and other single-rider electric devices, with 2 million units reportedly sold in 2025. The Police Department has experienced a significant rise in calls for service involving e-conveyance riders, particularly juveniles, on roadways, in City parks, and on bike paths. These calls often involve dangerous, threatening, or destructive behavior.

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2 Despite ongoing engagement and education efforts by the Folsom Police Department, complaints and reports of unsafe riding and damage to City parks and trails from some e-conveyance users continue. Many cities across the state are implementing local ordinances to address improper riding behaviors and limit the use of e-bikes in city parks.

POLICY / RULE

Under Section 2.12 of the City Charter, amendments to the Folsom Municipal Code require review and approval by the City Council.

ANALYSIS
Staff proposes an amendment to Chapter 10.40 of the Folsom Municipal Code to better align with both the California Vehicle Code and the proposed new Chapter 10.44 of the Folsom Municipal Code that would be added as part of a separate ordinance under consideration by the City Council and as presented by the Police Department.

In drafting this ordinance amendment, we consulted with Police Department and Public Works Department staff, Folsom Cordova Unified School District, California State Parks, businesses, and a local nonprofit cycling organization. This collaboration helped ensure the ordinance is well-crafted and allows for safe, appropriate e-conveyance use by riders of all ages.

FINANCIAL IMPACT

This ordinance is expected to generate minimal revenue from fees and fines. Enforcement operational costs are already budgeted within normal personnel and equipment expenses.

ATTACHMENTS

A. Ordinance No. 1377 - An Ordinance of the City of Folsom Amending Chapter 10.40 “Use of Electric Assist Mobility Devices on Class I Trails” of the Folsom Municipal Code to Prohibit Unsafe Riding on the Class I Bicycle Path Network (Mark Up) B. Ordinance No. 1377 - An Ordinance of the City of Folsom Amending Chapter 10.40 “Use of Electric Assist Mobility Devices on Class I Trails” of the Folsom Municipal Code to Prohibit Unsafe Riding on the Class I Bicycle Path Network (Clean Copy)

Submitted,

Kelly Gonzalez, Parks and Recreation Department Director

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Attachment 1

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ORDINANCE NO. 000001377
AN ORDINANCE OF THE CITY OF FOLSOM AMENDING CHAPTER 10.40, “USE OF ELECTRIC ASSIST MOBILITY DEVICE ON CLASS I BIKE TRAILS” OF THE FOLSOM MUNICIPAL CODE TO

PROHIBIT UNSAFE RIDING ON THE CLASS I BICYCLE PATH NETWORK

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

SECTION 1 PURPOSE
The purpose of this ordinance is to amend Chapter 10.40, “Use of Electric Assist Mobility Devices on Class I Bike Trails” , of the Folsom Municipal Code to Prohibit Unsafe Riding on the Class I Bicycle Path Network.

SECTION 2 AMENDED AMENDMENT TO CODE
The Folsom Municipal Code Chapter 10.40, “Use of Electric Assist Mobility Devices on Class I Bike Trails” , is hereby amended to read as follows:

Strikethrough = Code Deletion
Underline = Code Addition

Chapter 10.40

USE OF BICYCLES, ELECTRIC BICYCLES, MOTORIZED SCOOTERS, AND ELECTRIC

ASSIST MOBILITY DEVICES ON CLASS I BIKE PATHS TRAILS
Sections:
• 10.40.010 Purpose.
• 10.40.020 Definitions.
• 10.40.030 Authority to operate.
• 10.40.040 Use regulations.
• 10.40.050 Promulgation of rules and regulations – Prohibition of electric assist mobility devices.
• 10.40.060 Enforcement.

10.40.010 Purpose.

The purpose of Tthis chapter is to regulate the use of shall apply to the use of The city council finds and declares that the purpose of the ordinance codified in this chapter is to regulate the safe use of bicycles, electric bicycles, motorized scooters and certain electric assist mobility devices on the city’s Class I bike paths trails in order to promote the public peace, health, welfare and safe enjoyment of the Class I bike paths trails by all users. The city council finds and declares that reasonable time, place and manner regulations are necessary as permitted by California Vehicle Code Section 21282 and similar provisions, in order to protect senior citizens, pedestrians, bicyclists and others using the city’s Class I bike paths trails. This chapter is not intended to apply to or otherwise restrict “motorized Formatted: Highlight

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quadricycle, ” “motorized tricycle” and “electric wheelchairs, ” as defined in California Vehicle Code Section 407 and/ 407.5 or the Americans with Disabilities Act (ADA), utilized by persons who by reason of physical disability are otherwise unable to move about as a pedestrian. (Ord. 1175 § 2 (part), 2013)

10.40.020 Definitions.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Bicycle. Means the same as defined in Vehicle Code Section 231, is a device upon which a person may ride, propelled exclusively by human power, except as provided in Section 312.5, through a belt, chain, or gears, and having one or more wheels. A person riding a bicycle is subject to the provisions of the California Vehicle Code specified in Sections 21200 and 21200.5. An electric bicycle is a bicycle.

Bicycle path. A “bicycle path” or “bike path” is a Class I bikeway, as defined in Section 890.4 (a) of the Streets and Highways Code and Section 231.5 of the California Vehicle Code (CVC): provides a completely separated right-of-way designated for the exclusive use of bicycles and pedestrians with crossflows by motorists minimized. “Director.” s Shall mean the Director of Parks and Recreation Department of the city, or his/her designee.
“Electric assist mobility device” means any electrically driven motor device which assists mobility for individuals to which one or more wheels are attached. This definition includes electric personal assistive mobility device (Segway and similar devices), electric bicycle, and electric scooter as defined herein.

E-conveyance. Includes, but is not limited to any electrically motorized scooter, electrically motorized board, motorized bicycle or electric motorcycle which is propelled at least in part by electrical energy, or any other device propelled by an electric motor and designed to transport one or more people. E-conveyances do not include electric vehicles that are required to be registered with the California Department of Motor Vehicles under the California Vehicle Code.

Electric bicycle (e-bikes). Means the same as defined in Vehicle Code Section 312.5, as may be amended or superseded,. and which, as of the date of the adoption of this section, provides that an "electric bicycle, " or "e-bike" , is an e-bicycle equipped with fully operable pedals and an electric motor of less than 750 watts, and is categorized by the following:

1. CLASS 1. An electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, that is not capable of exclusively propelling the bicycle, and that ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour, and that is not capable of providing assistance to reach speeds greater than 20 miles per hour.

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2. CLASS 2. An electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches a speed of 20 miles per hour.

3. CLASS 3. An electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, that ceases to provide assistance when the bicycle reaches a speed of 28 miles per hour and is equipped with a speedometer. “Electric personal assistive mobility device.” has the same definition as set forth in California Vehicle Code Section 313 as may be amended or superseded.

Electric scooter (e-scooter/motorized scooter). Means the same as defined in Vehicle Code Section 407.5, as may be amended or superseded, and which, as of the date of the adoption of this section, provides that a "motorized scooter" is any two-wheeled device that has handlebars, has either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric motor. This device may also be designed to be powered by human propulsion. For purposes of this section, a motorcycle, as defined in Section 400, a motor-driven cycle, as defined in Section 405, or a motorized bicycle or moped, as defined in Section 406, is not a motorized scooter. A device meeting the definition in subdivision (a) that is powered by a source other than electrical power is also a motorized scooter.

Golf cart. Means the same as defined in Vehicle Code Section 345, as may be amended or superseded. is a motor vehicle having not less than three wheels in contact with the ground, having an unladen weight less than 1,300 pounds, which is designed to be and is operated at not more than 15 miles per hour and designed to carry golf equipment and not more than two persons, including the driver.

Motorized bicycle. Means the same as defined in Vehicle Code Section 406, as may be amended or superseded, and which, as of the date of the adoption of this section, provides that a "motorized bicycle" is any two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or no pedals if powered solely by electrical energy, an automatic transmission, and a motor which produces less than four gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground.
“Electric bicycle” (E-bike) has the same definition as set forth in California Vehicle Code Section 406(b) as “motorized bicycle.”
“Electric scooter” (E-scooter/motorized scooters) has the same definition as set forth in California Vehicle Code Section 407.5 as “motorized scooter” that is powered by an electric motor or human propulsion. For purpose of this title, “electric scooter” does not include a device powered by gasoline. (Ord. 1175 § 2 (part), 2013)

10.40.30 Authority to operate.

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A. Bicycles. electric bicycles, electric scooter and E electric personal assistive mobility devices may be operated on Class I bike paths trail within the city’s boundaries.

B. Motorized bicycles and golf carts are prohibited from operating on Class I bike paths within the city’s boundaries
B. Electric bicycles with a license plate required under California Vehicle Code Section 5030 may be operated on a Class I bike path trail within the city’s boundaries, subject to the regulations, restrictions and prohibitions set forth in this chapter and Chapter 10.24.

C. Electric scooters may be operated on a Class I bike path trail within the city’s boundaries, subject to the regulations set forth in Articles 5 and 6 of Chapter 1, Division 11 of the California Vehicle Code (Section 21220 et seq.) and the regulations, restrictions and prohibitions set forth in this chapter.

C. Appropriate educational signage shall be posted on the Class I bike paths trail that notifies the public of the permissible use of bicycles, electric bicycles, electric scooters and electric assist mobility device pursuant to this chapter. (Ord. 1175 § 2 (part), 2013)

10.40.040 Use regulations.

A. Except as otherwise provided in this chapter, Eevery person riding a bicycle, electric bicycle, electric scooter, or electric assist mobility devices on a Class I bike path shall be granted all of the rights, and shall be subject to all of the duties, applicable to them under the California Vehicle Code and the Folsom Municipal Code.

B. It shall be unlawful and a violation of this chapter for any person to operate a bicycle, electric bicycle, electric scooter, or electric assist mobility device in an unsafe manner on any Class I bike path. Operating a bicycle, electric bicycle, electric scooter, or electric assist mobility device in an unsafe manner includes, but is not limited to, any one or more of the following:

1. Violating any provision of the Folsom Municipal Code, including Chapter Section

10.44.040.

2., : Applicability of Traffic Laws and Unlawful Operation, Violating any provision of the California Vehicle Code.
, or other existing laws.
23 A. Bicycles, electric bicycles, electric scooters and E electric personal assistive mobility devices shall be operated only on paved portions of the Class I bike paths trail and shall not deviate operate, except in an emergency, onto any unpaved areas of the any bike paths trail.
3 B. Operate a bicycle, electric bicycle, electric scooter or electric assist mobility device electric scooter at with a speed limit in excess of fifteen (15) miles per hour on Class I bike

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paths. The California Vehicle Code Article 5 Operation of Motorized Scooters Section 21235, The operator of an motorized electric scooter on the city’s Class I bike trail shall not do any of the following:

1. Operate an electric scooter unless it is equipped with a brake that will enable the operator to make a braked wheel skid on dry, level, clean pavement.

2. Operate an electric scooter with a speed limit in excess of fifteen miles per hour.

3. Operate an electric scooter without wearing, at a minimum, a properly fitted and fastened bicycle helmet that meets the standards described in California Vehicle Code Section 21212.

4. Operate an electric scooter without a valid driver’s license or instruction permit as required by California Vehicle Code Section 21235.

5. Operate an electric scooter with any passengers in addition to the operator.

6. Operate an electric scooter carrying any package, bundle, or article that prevents the operator from keeping at least one hand upon the handlebars.

7. Operate an electric scooter upon a sidewalk, except as may be necessary to enter or leave adjacent property.

8. Operate an electric scooter with the handlebars raised so that the operator must elevate his or her hands above the level of his or her shoulders in order to grasp the normal steering grip area.

9. Leave an electric scooter lying on its side on the bike trail, or park an electric scooter on a bike trail in any other position, so that there is not an adequate path for pedestrian or bicycle traffic.

10. Towing by any means or any person on a skateboard, skates, scooter, bicycle or other wheeled device, vehicle or another electric assist mobility device. (Ord. 1175 § 2 (part), 2013)

4. Operating a bicycle, electric bicycle, electric scooter or electric assist mobility device in a manner it was not designed for, including carrying passengers when not intended for carrying passengers and carrying more passengers than the number for which the device is designed and equipped.

5. Not obeying posted signs, signals, or markings.

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6. Riding a bicycle, electric bicycle, electric scooter or electric assist mobility device without a properly fitted and fastened helmet if the rider is under 18 years of age.

7. Attempting to perform any acrobatic trick or stunt on Class I bike path, adjacent open space, or landscaping.

8. Operating a bicycle, electric bicycle, electric scooter or electric assist mobility device in any manner that endangers the operator, passengers, other riders, pedestrians, animals, or property.

9. Operating upon any public open space, drainage facility, culvert, ditch, or channel.

10. Failing to yield to pedestrians.

11. Operating while failing to yield the right-of-way to any and all pedestrians or electric assist mobility device users.

12. Operating upon any unpaved hiking, equestrian, or walking trail, other than designated Class I bicycle paths, unless permitted by the Folsom Municipal Code or by any other provision of lawunless signage at the site states that operation of e-bicycles and/or e- conveyances is specifically authorized.

13. Operating a bicycle, electric bicycle, electric scooter or electric assist mobility device while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while riding.

10.40.050 Promulgation of rules and regulations – Prohibition of electric assist mobility devices.

A. The director may promulgate reasonable rules and policies pertaining to the use of bicycles, electric bicycles, electric conveyances, and electric assist mobility devices on the city’s Class I bike trail for purpose of maintaining the safe enjoyment of the bike trail by all users.

B. Notwithstanding any provision to the contrary, the director may restrict or prohibit the use of any bicycles, electric bicycles, electric conveyances, and electric assist mobility device anywhere on the city’s Class I bike trails whenever it is determined in the director’s discretion that such prohibition is necessary for the protection of public property, for public safety, or when such use is inconsistent with the safe use of the trails by pedestrians and/or bicyclists. Notice of prohibition or restriction, including the location and the duration, shall be posted as quickly as practicable at the affected location on the Class I bike trail within the city’s boundaries. (Ord. 1175 § 2 (part), 2013)

10.40.060 Enforcement.

A. Parental responsibility. See Chapter 10.44 Section 10.44.030.

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B. Penalties. See Chapter 10.44 Section 10.44.030.

A. Violations of this chapter shall constitute infractions. Violation not abated at the end of the day shall constitute a new violation on the following day. In addition to all other remedies at law or in equity, violations may be punishable by a fine not exceeding fifty dollars for the first violation; a fine not exceeding one hundred dollars for a second violation of the same provision within one year; and a fine not exceeding five hundred dollars for each additional violation of the same provision within one year.

B. Violations of this chapter may also be enforced pursuant to the provisions of Chapter

1.09. Notwithstanding other provisions of Chapter 1.09, no notice to correct as provided therein shall be required prior to issuance of a notice of violation and imposition of administrative penalties.

C. 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.

D. In addition to the sanctions set forth herein, the chief of police or his/her designee, the director or his/her designee, or any other city employees authorized to enforce the provisions of this chapter shall have the right to:

1. Impound for a period not to exceed fourteen calendar days any electric assist mobility devices which are being used or operated while the operator is intoxicated or under the influence of alcohol or drugs, or if further operation of the device by the operator would pose a significant danger to the public.

2. Any combination of allowed sanctions and penalties which the enforcement authority deems appropriate under the circumstances. (Ord. 1175 § 2 (part), 2013) A. Administrative enforcement. A violation of this chapter is designated as an administrative violation subject to enforcement pursuant to the provisions of Chapter 1.09. A violation of this chapter is designated as a Level A violation, as that term is described in Section 1.09.012. The monetary sanction levied for a violation of this chapter shall be $50 for a first violation, $100 for a second violation of any provision of this chapter within one year, and $500 for each additional violation of any provision of this chapter within one year.

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levied for violation of this chapter may be levied against the minor and the parent(s) and/or legal guardian of the minor. The parent(s) and/or legal guardian shall have the right to a hearing and judicial review as set forth in Chapter 1.09. In the event of a conflict between the terms of this section and Section 1.09.028, the terms of this section shall control.

F. Enforcement. The police chief or designee shall enforce the provisions of this chapter.

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

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

SECTION 5 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 and 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
Formatted: Font: (Default) Times New Roman
Formatted: Font: Bold, Underline

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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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Ordinance No. 1377

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ORDINANCE NO. 1377
AN ORDINANCE OF THE CITY OF FOLSOM AMENDING CHAPTER 10.40, “USE OF ELECTRIC ASSIST MOBILITY DEVICE ON CLASS I BIKE TRAILS” OF THE FOLSOM MUNICIPAL CODE TO

PROHIBIT UNSAFE RIDING ON THE CLASS I BICYCLE PATH NETWORK

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

SECTION 1 PURPOSE
The purpose of this ordinance is to amend Chapter 10.40, “Use of Electric Assist Mobility Devices on Class I Bike Trails”, of the Folsom Municipal Code to Prohibit Unsafe Riding on the Class I Bicycle Path Network.

SECTION 2 AMENDED TO CODE
The Folsom Municipal Code Chapter 10.40, “Use of Electric Assist Mobility Devices on Class I Bike Trails” , is hereby amended to read as follows:

Chapter 10.40

USE OF BICYCLES, ELECTRIC BICYCLES, MOTORIZED SCOOTERS, AND ELECTRIC

ASSIST MOBILITY DEVICES ON CLASS I BIKE PATHS
Sections:
• 10.40.010 Purpose.
• 10.40.020 Deﬁnitions.
• 10.40.030 Authority to operate.
• 10.40.040 Use regulations.
• 10.40.050 Promulgation of rules and regulations – Prohibition of electric assist mobility devices.
• 10.40.060 Enforcement.

10.40.010 Purpose.

This chapter shall apply to the use of bicycles, electric bicycles, motorized scooters and electric assist mobility devices on the city’s Class I bike paths in order to promote the public peace, health, welfare and safe enjoyment of the Class I bike paths by all users. The city ﬁnds that reasonable time, place and manner regulations are necessary as permitted by California Vehicle Code in order to protect senior citizens, pedestrians, bicyclists and others using the city’s Class I bike paths. This chapter is not intended to apply to or otherwise restrict “motorized quadricycle, ” “motorized tricycle” and “electric wheelchairs, ” as deﬁned in California Vehicle Code Section
407 and 407.5 or the Americans with
Disabilities Act (ADA), utilized by persons who by reason of physical disability are otherwise unable to move about as a pedestrian. (Ord. 1175 § 2 (part), 2013)

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Ordinance No. 1377

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10.40.020 Deﬁnitions.

For the purpose of this chapter, the following deﬁnitions shall apply unless the context clearly indicates or requires a different meaning:

Bicycle. Means the same as deﬁned in Vehicle Code Section 231, is a device upon which a person may ride, propelled exclusively by human power, except as provided in Section 312.5, through a belt, chain, or gears, and having one or more wheels. A person riding a bicycle is subject to the provisions of the California Vehicle Code speciﬁed in Sections 21200 and 21200.5. An electric bicycle is a bicycle.

Bicycle path. A “bicycle path” or “bike path” is a Class I bikeway, as deﬁned in Section 890.4 (a) of the Streets and Highways Code and Section 231.5 of the California Vehicle Code (CVC): provides a completely separated right-of-way designated for the exclusive use of bicycles and pedestrians with crossﬂows by motorists minimized.

Director. Shall mean the Director of Parks and Recreation Department of the city, or his/her designee.

E-conveyance. Includes, but is not limited to any electrically motorized scooter, electrically motorized board, motorized bicycle, or electric motorcycle which is propelled at least in part by electrical energy, or any other device propelled by an electric motor and designed to transport one or more people. E-conveyances do not include electric vehicles that are required to be registered with the California Department of Motor Vehicles under the California Vehicle Code.

Electric bicycle (e-bikes). Means the same as deﬁned in Vehicle Code Section 312.5, as may be amended or superseded, and which, as of the date of the adoption of this section, provides that an "electric bicycle, " or "e-bike" , is an e-bicycle equipped with fully operable pedals and an electric motor of less than 750 watts, and is categorized by the following:

Electric personal assistive mobility device. has the same definition as set forth in California Vehicle Code Section 313.

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Ordinance No. 1377

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Electric scooter (e-scooter/motorized scooter). Means the same as deﬁned in Vehicle Code Section 407.5, as may be amended or superseded, and which, as of the date of the adoption of this section, provides that a "motorized scooter" is any two-wheeled device that has handlebars, has either a ﬂoorboard that is designed to be stood upon when riding or a seat and footrests in place of the ﬂoorboard, and is powered by an electric motor. This device may also be designed to be powered by human propulsion. For purposes of this section, a motorcycle, as deﬁned in Section 400, a motor-driven cycle, as deﬁned in Section 405, or a motorized bicycle or moped, as deﬁned in Section 406, is not a motorized scooter. A device meeting the deﬁnition in subdivision (a) that is powered by a source other than electrical power is also a motorized scooter.

Golf cart. Means the same as deﬁned in Vehicle Code Section 345, is a motor vehicle having not less than three wheels in contact with the ground, having an unladen weight less than 1,300 pounds, which is designed to be and is operated at not more than 15 miles per hour and designed to carry golf equipment and not more than two persons, including the driver.

Motorized bicycle. Means the same as deﬁned in Vehicle Code Section 406, as may be amended or superseded, and which, as of the date of the adoption of this section, provides that a "motorized bicycle" is any two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or no pedals if powered solely by electrical energy, an automatic transmission, and a motor which produces less than four gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground.

10.40.30 Authority to operate.

A. Bicycles. electric bicycles, electric scooter and E electric personal assistive mobility devices may be operated on Class I bike paths within the city’s boundaries.

B. Motorized bicycles and golf carts are prohibited from operating on Class I bike paths within the city’s boundaries
C. Appropriate signage shall be posted on the Class I bike paths that notifies the public of the permissible use of bicycles, electric bicycles, electric scooters, and electric assist mobility device pursuant to this chapter.

10.40.040 Use regulations.

A. Every person riding a bicycle, electric bicycle, electric scooter, or electric assist mobility devices on a Class I bike path shall be granted all of the rights, and shall be subject to all of the duties, applicable to them under the California Vehicle Code and the Folsom Municipal Code.

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Ordinance No. 1377

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1. Violating any provision of the Folsom Municipal Code, including Chapter 10.44.040:

Applicability of Traffic Laws and Unlawful Operation, the California Vehicle Code, or other existing laws.

2. B icycles, electric bicycles, electric scooters, and electric personal assistive mobility devices shall be operated only on paved portions of the Class I bike paths and shall not deviate, except in an emergency, onto unpaved areas of the bike paths. 3 . Operate a bicycle, electric bicycle, electric scooter, or electric assist mobility device with a speed limit in excess of fifteen (15) miles per hour on Class I bike paths.

4. Operating a bicycle, electric bicycle, electric scooter, or electric assist mobility device in a manner it was not designed for, including carrying passengers when not intended for carrying passengers and carrying more passengers than the number for which the device is designed and equipped.

5. Not obeying posted signs, signals, or markings.

6. Riding a bicycle, electric bicycle, electric scooter, or electric assist mobility device without a properly ﬁtted and fastened helmet if the rider is under 18 years of age.

7. Attempting to perform any acrobatic trick or stunt on Class I bike path, adjacent open space, or landscaping.

8. Operating a bicycle, electric bicycle, electric scooter, or electric assist mobility device in any manner that endangers the operator, passengers, other riders, pedestrians, animals, or property.

9. Operating upon any public open space, drainage facility, culvert, ditch, or channel.

10. Failing to yield to pedestrians.

11. Operating while failing to yield the right-of-way to any and all pedestrians or electric assist mobility device users.

12. Operating upon any unpaved hiking, equestrian, or walking trail, other than designated Class I bicycle paths, unless permitted by the Folsom Municipal Code or by any other provision of law.

13. Operating a bicycle, electric bicycle, electric scooter, or electric assist mobility device while holding and operating a handheld wireless telephone or an electronic

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Ordinance No. 1377

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wireless communications device unless the wireless telephone or electronic wireless communications device is speciﬁcally designed and conﬁgured to allow voice-operated and hands-free operation, and it is used in that manner while riding.

10.40.050 Promulgation of rules and regulations – Prohibition of electric assist mobility devices.

10.40.060 Enforcement.

A. Parental responsibility. See Chapter 10.44 Section 10.44.030.

B. Penalties. See Chapter 10.44 Section 10.44.030.

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.

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Ordinance No. 1377

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towards persons and property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

AYES: Councilmember(s):

NOES: Councilmember(s):

ABSENT: Councilmember(s):

ABSTAIN: Councilmember(s):

__________________________________
Justin Raithel, MAYOR

ATTEST:

______________________________
Christa Freemantle, CITY CLERK

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Folsom City CouncilSeptember 8, 2026

Folsom City Council
September 8, 2026