Rancho Cordova City Council
May 20, 2024

CITY OF RANCHO CORDOVA

CITY COUNCIL MEETING
Monday, May 20, 2024
5:30 PM – Regular Meeting
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova, CA
Hyatt Place, Bakersfield - Lobby
310 Coffee Road, Bakersfield, CA
How to Observe or Listen to the Meeting:
• Online via Zoom: https://cityofranchocordova.zoom.us/j/81630466928 Webinar ID: 816 3046 6928
• By phone: +1 669 900 6833 or +1 253 215 8782
Webinar ID: 816 3046 6928
Public Comment

Members of the public who wish to address the City Council may do so in person during the meeting by completing and submitting a Speaker Card to the City Clerk.

Members of the public who wish to provide public comment via email will need to submit comments to [email protected] no later than 2:00 p.m. on Monday, May 20, 2024. Written comments received no later than 2:00 p.m. will be distributed to the Council, filed in the record, and will not be read aloud. All comments submitted later than 2:00 p.m. will be distributed to the Council.

If you have questions related to the City Council Meeting, please contact the City Clerk’s Office at (916) 851-8720 before Monday, May 20, 2024, at 2:00 p.m.

AGENDA

Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, May 20, 2024

1. REGULAR MEETING - CALL TO ORDER/ROLL CALL
Council Members Linda Budge, Garrett Gatewood, Siri Pulipati, Donald Terry, and Mayor David Sander

2. METRO CABLE TV TELEVISION ANNOUNCEMENT
The Clerk will announce the meetings video recording and playback schedules.

3. PLEDGE OF ALLEGIANCE
The Mayor will call on someone in attendance to lead the Pledge.

4. INVOCATION
There will be a moment of silence in lieu of an invocation.

5. PRESENTATIONS

5.1. Presentation of Proclamation for National Cities, Towns, and Villages Month.

5.2. Annual Mosquito and West Nile Virus Update Presented by the Sacramento-Yolo Mosquito & Vector Control District.

5.3. Introduction of New Employees: Ian Winbrock, Management Analyst II by Megan Siren, Assistant to the City Manager.

6. PUBLIC COMMENT
Members of the public wishing to address the Council for any matter not on the agenda may do so at this time by completing and submitting a Speaker Card to the City Clerk.

For items on the agenda, speakers will be called by the Mayor at the point on the agenda when the item will be heard. Speakers are encouraged to keep comments to three minutes or less and to state name and community of residence.

Under the provisions of the California Government Code, the City Council is prohibited from discussing or taking immediate action on any item not on the agenda unless it can be demonstrated to be of an emergency nature or the need to take immediate action arose after the posting of the agenda.

7. COUNCIL REPORTS

8. CITY MANAGER'S REPORT

9. CONSENT CALENDAR ITEMS - ROLL CALL VOTE

9.1. Subject: Meeting Minutes from the Regular City Council Meeting of May 6, 2024.

Recommendation: Adopt the minutes.

9.2. Subject: Second Reading of an Ordinance Amending Title 23, Chapter 23.113 Zoning Certification, Chapter 23.313 Mixed-Use Zoning District, Chapter 23.731 Fences, Walls, and Screening, Chapter 23.1104 Definitions and the Folsom Boulevard Specific Plan (California Environmental Quality Act CEQA Exemption Found in Guideline Section 15061(b)(3)).

Recommendation: Waive the second reading and adopt the Ordinance.

9.3. Subject: Second Reading of an Ordinance Amending Title 4, Chapter 4.54 Regulations and

Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, May 20, 2024

Prohibitions, and Title 9, Chapter 9.36 Park Regulations of the Rancho Cordova Municipal Code Regarding the Regulation of Social Host Fireworks and the Regulation of Illegal Fireworks in Parks.

Recommendation: Waive the second reading and adopt the Ordinance.

9.4. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2024-50 in an Amount not to Exceed $2,250,000 with Coastline Water Resources for Storm Drain Maintenance Services through June 30, 2029.

Recommendation: Adopt the Resolution.

9.5. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 56- 2019-2 with Harris & Associates to Extend the Contract Term from June 30, 2024, to June 30, 2026, which would Result in an Increase to the Contract Amount from $200,000 to an Amount not to Exceed $300,000 for On-Call Stormwater Finance Support Services.

Recommendation: Adopt the Resolution

9.6. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 2021-69-2 with West Coast Arborists to Extend the Contract Term from June 30, 2024, to June 30, 2026, Resulting in an Increase to the Contract Amount from $895,475 to an Amount not to Exceed $1,595,475 for Continued On-Call Tree Maintenance Services.

Recommendation: Adopt the Resolution.

9.7. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2024-58 with West Yost in an Amount not to Exceed $600,000 for Stormwater Professional Services.

Recommendation: Adopt the Resolution.

9.8. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2024-68 with Martin General Engineering, Inc. in an Amount not to Exceed $2,156,838.35 for the Chase Drive American River Parkway Connection Project Construction.

Recommendation: Adopt the Resolution.

9.9. Subject: Resolutions Initiating Proceedings for the Annual Levy and Collection of Assessments for the Landscape and Lighting District No. 2005-1 for Fiscal Year 2024-25.

Recommendation: Adopt the Resolution initiating proceedings for the annual levy and collection of assessments for the Landscaping and Lighting District No. 2005-1 (LLD 2005-1) for Fiscal Year 2024-25, and adopt the Resolution preliminarily approving the Engineer’s Annual Levy Report and declaring its intention to levy and collect Annual Assessments for the Landscaping and Lighting District No. 2005-1 for Fiscal Year 2024-25.

9.10. Subject: A Resolution Adopting a List of Projects for the Fiscal Year 2024-25 Funding by Senate Bill No. 1: The Road Repair and Accountability Act of 2017.

Recommendation: Adopt the Resolution.

9.11. Subject: Resolutions Initiating Proceedings for the Annual Levy and Collection of Assessments for the Rancho Cordova Lighting District No. 2012-1 for Fiscal Year 2024-25.

Recommendation: Adopt the Resolution initiating proceedings for the Annual Levy and Collection of Assessments for the Rancho Cordova Lighting District No. 2012-1 for Fiscal Year 2024-25, and adopt the Resolution preliminarily approving the Engineer’s Annual Levy Report and declaring its intention to Levy and Collect Annual Assessments for the Rancho Cordova Lighting District No. 2012-1 for Fiscal Year 2024-25.

9.12. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 65-

Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, May 20, 2024

2019-3 with Willdan Engineering to Extend the Contract Term from June 30, 2024, to June 30, 2026, which Results in an Increase to the Contract Amount from $2,250,000 to an Amount not to Exceed $4,100,000 for On-Call Professional Services.

Recommendation: Adopt the Resolution.

9.13. Subject: A Resolution Approving the Final Map of The Ranch Village 12-1, Subdivision No.

FM-2021-002-13, and Authorizing the City Manager to Execute Subdivision Improvement Agreement Contract No. 2024-49 with K. Hovnanian at Jaeger Ranch, LLC.

Recommendation: Adopt the Resolution.

9.14. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2024-56 with the Capital Southeast Connector Joint Powers Authority in an Amount not to Exceed $1,600,000 for Design, Right-Of-Way and Construction of Grant Line Road Improvements between White Rock Road and Chrysanthy Boulevard.

Recommendation: Adopt the Resolution.

9.15. Subject: A Resolution Authorizing the City Manager to Execute a Cooperative Agreement with the County of Sacramento for the Acquisition of Rights-of-Way within the City of Rancho Cordova for the Hazel Avenue at U.S. 50 Interchange Project.

Recommendation: Adopt the Resolution.

9.16. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 211-2018-3 with Ross Campbell, Inc. to Extend the Contract Term from June 30, 2024, to June 30, 2026, which Results in an Increase to the Contract Amount from $387,619 to an Amount not to Exceed $463,573.69 for Public Education Campaigns on Safe and Responsible Waste Disposal and Recycling Practices.

Recommendation: Adopt the Resolution.

9.17. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 2023-67-1 with Zero Foodprint to Extend the Term from June 30, 2024, through February 27, 2026, which Results in an Increase to the Contract from $113,297 to an Amount not to Exceed $190,934 for Compost Procurement Services as Required by California State Law.

Recommendation: Adopt the Resolution.

9.18. Subject: Developer Agreement Compliance Review.

Recommendation: Receive and file for the Development Agreement Compliance Review.

9.19. Subject: A Resolution Authorizing the City Manager to Execute Agreement No. 0000000549 with the State of California Employment Development Department in an Amount not to Exceed $9,451 for Quarterly Census Employment and Wages Information.

Recommendation: Adopt the Resolution.

9.20. Subject: A Resolution Authorizing the City Manager to Execute a Forgivable Predevelopment Loan Agreement with Mercy Housing California for the Mather Veterans Village Phase 4 Project in the Amount of $467,024 Utilizing Permanent Local Housing Allocation (PLHA) Funding.

Recommendation: Adopt the Resolution.

9.21. Subject: A Resolution Approving the Annexation of the Preserve Project to the City of Rancho Cordova Community Facilities District No. 2014-2 (Street, Lighting, and Landscape Maintenance).

Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, May 20, 2024

Recommendation: Adopt the Resolution.

9.22. Subject: A Resolution Approving the Boundary Map for The Preserve Project Annexation to the City of Rancho Cordova Community Facilities District No. 2018-2 (Community Places and Neighborhood Greens).

Recommendation: Adopt the Resolution.

10. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE
None.

11. PUBLIC HEARING ITEMS
None.

12. REGULAR CALENDAR ITEMS

12.1. Subject: Economic Development Department Update - Community Enhancement and Investment Fund Programs, Workforce Development Programs, and Talent Pipeline Management.

Recommendation: Receive the Community Enhancement & Investment Fund Programs, Workforce Development Programs, and Talent Pipeline Management Update from the Economic Development Department.

12.2. Subject: Appointment of Real Property Negotiators City Manager Micah Runner, and City Attorney Adam U. Lindgren, for the Following Property and Assessor's Parcel Number (APN):
2875 Kilgore Road, Rancho Cordova, CA 95670, 072-0490-024-0000.

Recommendation: Approve appointment of Real Property Negotiators.

13. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

14. ADJOURN TO CLOSED SESSION
Mayor Sander will adjourn the meeting to closed session.

15. CLOSED SESSION - CALL TO ORDER/ROLL CALL
Council Members Linda Budge, Garrett Gatewood, Siri Pulipati, Donald Terry, and Mayor David Sander

16. CLOSED SESSION
Council will meet in closed session to discuss the following item:

16.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to Government Code Section 54956.8: Property: 2875 Kilgore Road, Rancho Cordova APN: 072-0490-024-0000.

City Negotiators: Micah Runner, City Manager, and Adam U. Lindgren, City Attorney. Under Negotiation: Price and Terms of Payment.

17. OPEN SESSION - REPORT FROM CLOSED SESSION
The City Attorney will report on action taken in closed session.

18. ADJOURNMENT

Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, May 20, 2024

ADDITIONAL INFORMATION
Special Meetings listed below are subject to change/cancellation without further notice.

Unless the Council adopts a motion to extend the meeting, any item that is not initiated before 11:00 p.m. will be continued to the next day at 5:30 p.m. or scheduled on the next regular meeting agenda of the Council.

Public documents related to items on the open session portion of this agenda, which are distributed to the City Council less than 72 hours prior to the meeting, shall be available for public inspection at the time the documents are distributed to the Council. Documents are available for inspection at the City Clerk's office located in Rancho Cordova City Hall.

The agenda items are accessible on the City’s website at www.cityofranchocordova.org on Thursdays or Fridays prior to the Regular City Council Meeting.

UPCOMING MEETINGS
May 28, 2024 5:30 PM Special Meeting/Work Session
June 3, 2024 4:00 PM Special Meeting/5:30 PM Regular Meeting June 17, 2024 5:30 PM Regular Meeting
June 25, 2024 5:30 PM Special Meeting/Work Session
July 1, 2024 4:00 PM Special Meeting/5:30 PM Regular Meeting July 15, 2024 5:30 PM Regular Meeting
August 19, 2024 5:30 PM Regular Meeting
August 27, 2024 5:30 PM Special Meeting/Work Session
If you have any technical questions related to the agenda items, please contact City Hall at (916) 851- 8700.

The Rancho Cordova City Council meeting will be videotaped in its entirety and will be cablecast without interruption on Metro Cable 14, the Government Affairs Channel on the Comcast, Consolidated Communications and AT&T U-Verse Systems. Closed Captioning will be available on the playback cablecast. A DVD copy is available from the City Clerk’s Department and a webcast of this meeting will be available for viewing via video streaming from the City’s website within 48 hours of adjournment of this meeting.

In compliance with the Americans with Disabilities Act, if you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk’s Office at (916) 851-8720 at least 48 hours prior to the meeting.

Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, May 20, 2024

CERTIFICATION OF POSTING OF AGENDA
I, Stacy Leitner, City Clerk for the City of Rancho Cordova, declare that the foregoing agenda for the May 20, 2024, Regular Meeting of the Rancho Cordova City Council was posted and available for review on May 16, 2024, at City Hall of the City of Rancho Cordova, 2729 Prospect Park Drive, Rancho Cordova, California, 95670. The agenda is also available on the city website at www.cityofranchocordova.org.

Signed May 16, 2024, at Rancho Cordova, California.

Stacy Leitner, CMC
City Clerk

ITEM 9.1. ATTACHMENT 1

CITY OF RANCHO CORDOVA

CITY COUNCIL MEETING
Monday, May 6, 2024
4:00 PM – Special Meeting
5:30 PM – Regular Meeting
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova

DRAFT MINUTES

1. SPECIAL MEETING - CALL TO ORDER/ROLL CALL
Mayor Sander called the Special meeting to order in the David B. Roberts Council Chambers at 4:12 p.m.

Council Members Present: Linda Budge, Garrett Gatewood, Siri Pulipati (arrived at 4:19 p.m.), Donald Terry, and Mayor David Sander
Council Members Absent: None
Staff Members Present: Haley Arata, Adam Lindgren, Persephonie Riley, and Micah Runner

2. PUBLIC COMMENT
Mayor Sander stated that public comment would be taken at the time the item on the agenda was heard.

3.1. Subject: Public Library Services Discussion.

Recommendation: Receive the presentation and provide feedback.

Mayor Sander opened the public comment period. Seeing no speakers, Mayor Sander closed the public comment period.

ACTION: Input was received regarding the Public Library Services Discussion.

4. ADJOURNMENT TO CLOSED SESSION
Mayor Sander adjourned the Special meeting to closed session at 5:06 p.m.

ITEM 9.1. ATTACHMENT 1
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, May 6, 2024

5. CLOSED SESSION CALL TO ORDER ROLL/ROLL CALL
Mayor Sander called closed session to order at 5:07 p.m.

Council Members Present: Linda Budge, Garrett Gatewood, Siri Pulipati, Donald Terry, and Mayor David Sander
Council Members Absent: None
Staff Members Present: Adam Lindgren and Micah Runner

6. CLOSED SESSION
Council met in closed session to discuss the following item:

6.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to Government Code Section 54956.8: Property: Bleckely St, Assessor's Parcel Number (APN): 067- 0010-093-0000, City Negotiators: Micah Runner, City Manager, and Adam U. Lindgren, City Attorney, Negotiating Parties: County of Sacramento. Under Negotiation: Price and Terms of Payment.

7. OPEN SESSION - REPORT FROM CLOSED SESSION
City Attorney Adam Lindgren reported that staff was given direction and no reportable action was taken in closed session.

8. ADJOURN TO THE REGULAR MEETING
Mayor Sander adjourned closed session to the Regular meeting at 5:50 p.m.

9. REGULAR MEETING - CALL TO ORDER/ROLL CALL
Mayor Sander called the Regular meeting to order in the David B. Roberts Council Chambers at 5:50 p.m.

Council Members Present: Linda Budge, Garrett Gatewood, Siri Pulipati, Donald Terry, and Mayor David Sander
Council Members Absent: None
Staff Members Present: Haley Arata, Adam Lindgren, Persephonie Riley, and Micah Runner

10. METRO CABLE TV TELEVISION ANNOUNCEMENT
The Assistant City Clerk read the meetings recordings and playback schedule.

11. PLEDGE OF ALLEGIANCE
Mayor David Sander led the pledge.

12. INVOCATION
Ruby Smallwood with the Law Enforcement Chaplaincy gave the invocation.

13. PRESENTATIONS

13.1. May is Bike Month Presentation and Recognition of Local Cycling Champions.

13.2. Introduction of New Employees: Nicole Riggins, Code Enforcement Officer and Sean Colan, Code Enforcement Officer by Brittany Mariscal, Code Enforcement Supervisor.

Austin Krehbiela, Deputy Probation Officer, and Jose Duran, Senior Probation Officer by

ITEM 9.1. ATTACHMENT 1
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, May 6, 2024

Russ Ducharme, Neighborhood Services Manager.

14. PUBLIC COMMENT
Mayor Sander opened the public comment period. The following individuals addressed the Council or submitted public comment via email:

1. Todd Smith

2. Larry Ladd

3. Harkeerat Uppal

4. Helen Whelan-Bashaw

5. Lupe Hernandez
Mayor Sander closed the public comment period.

15. COUNCIL REPORTS
Council reported on events since the last meeting.

16. CITY MANAGER'S REPORT
City Manager Micah Runner gave his report.

17. CONSENT CALENDAR ITEMS - ROLL CALL VOTE
Mayor Sander stated that items 17.6 and 17.10 would be pulled for separate discussion.

ACTION: Motion to approve items 17.1 through 17.5 and 17.7 through 17.9 by Budge second by Terry;
Motion passed with a 5:0 vote.

17.1. Subject: Meeting Minutes from the Regular City Council Meeting of April 2, 2024, and the Special Meetings of April 23, 2024, and April 29, 2024.

Recommendation: Adopt the minutes.

17.2. Subject: Second Reading of an Ordinance of the City Council of the City of Rancho Cordova for the Second Amendment to the Development Agreement Between the City of Rancho Cordova and Cresleigh Homes Corporation Relative to the Sunridge Lot J Project.

Recommendation: Waive the second reading and adopt the Ordinance.

17.3. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 2022-62-1 with Roush Landscape Services to Extend the Contract Term from June 30, 2025, to June 30, 2027, Resulting in an Increase to the Contract Amount from $644,120 to an Amount not to Exceed $2,384,960 for Continued Landscape Maintenance Services for Publicly-Owned Landscape Facilities.

Recommendation: Adopt the Resolution.

17.4. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2024-41 with McGuire Pacific Constructors for an Amount not to Exceed $543,815 for On-Call Overhead and Street Signage Services.

Recommendation: Adopt the Resolution.

17.5. Subject: A Resolution Approving the Rate and Method of Apportionment of Special Taxes Within an Improvement Area to be Annexed into the City of Rancho Cordova Grantline 220 Community Facilities District No. 2023-1.

Recommendation: Adopt the Resolution.

ITEM 9.1. ATTACHMENT 1
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, May 6, 2024

17.6. Subject: A Resolution Authorizing the City Manager to Execute a Predevelopment Grant Agreement with Ikaika Ohana for the Affordable Housing Crossing at Woodberry Project Located at 2738 Woodberry Way in the Amount of $960,000 Utilizing the Prohousing Incentive Pilot Program Funding.

Recommendation: Adopt the Resolution.

Mayor Sander opened the public comment period. The following individuals addressed the Council or submitted public comment via email:

1. Lupe Hernandez
Mayor Sander closed the public comment period.

ACTION: Motion to approve item 17.6. by Budge second by Terry; Motion passed with a 5:0 vote.

17.7. Subject: A Resolution Authorizing the City Manager to Approve the Large Lot Final Map of Shalako, Subdivision No. FM-2022-001-01 and Execute Subdivision Improvement Agreement Contract No. 2024-57 with Shalako Investors.

Recommendation: Adopt the Resolution.

17.8. Subject: A Resolution Authorizing the City Manager to Execute Credit Agreement Contract No. 2024-53 with K. Hovnanian at Jaeger Ranch, LLC in the Amount of $564,317 for the Construction of Public Offsite Trail Improvements.

Recommendation: Adopt the Resolution.

17.9. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2024-64 with Proud Audio Visual for Audio Visual System Upgrades to the American River North and South Conference Rooms for an Amount not to Exceed $116,598.

Recommendation: Adopt the Resolution.

17.10. Subject: A Resolution Approving the Annexation of The Preserve into the City of Rancho Cordova Community Facilities District No. 2013-2 (Police Services).

Recommendation: Adopt the Resolution.

Mayor Sander opened the public comment period. The following individuals addressed the Council or submitted public comment via email:

1. Lupe Hernandez
Mayor Sander closed the public comment period.

ACTION: Motion to approve item 17.10. by Terry second by Budge; Motion passed with a 5:0 vote.

18. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE

18.1. Subject: An Ordinance Amending Title 23, Chapter 23.113 Zoning Certification, Chapter

23.313 Mixed-Use Zoning District, Chapter 23.731 Fences, Walls, and Screening, Chapter 23.1104 Definitions and the Folsom Boulevard Specific Plan (CEQA Exemption Found in Guideline Section 15061(b)(3)).

Recommendation: Waive the first reading and introduce the Ordinance.

Mayor Sander opened the public comment period. Seeing no speakers, Mayor Sander closed the public comment period.

ITEM 9.1. ATTACHMENT 1
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, May 6, 2024

ACTION: Motion to approve item 18.1. by Terry second by Budge; Motion passed with a 5:0 vote.

18.2. Subject: An Ordinance Amending Title 4, Chapter 4.54 Regulations and Prohibitions, and Title 9, Chapter 9.36 Park Regulations of the Rancho Cordova Municipal Code Regarding the Regulation of Social Host Fireworks and the Regulation of Illegal Fireworks in Parks.

Recommendation: Waive the first reading and introduce the Ordinance.

Mayor Sander opened the public comment period. The following individuals addressed the Council or submitted public comment via email:

1. Dennis Revell

2. Mike Munson

3. Joseph Henderson

4. Adam Laret
Mayor Sander closed the public comment period.

ACTION: Motion to approve item 18.2. by Terry second by Budge; Motion passed with a 5:0 vote.

Mayor Sander stated that Item 20.2 would be heard before Item 19.1.

20.2. Subject: Planning Commission At-Large Member Nomination and Selection.

Recommendation: Nominate and make a motion to approve two (2) At-Large Planning Commission Members with terms that will expire in December 2026.

Mayor Sander opened the public comment period. Seeing no speakers, Mayor Sander closed the public comment period.

ACTION: Motion to nominate and appoint Teagan Knifton and David Huhn as at-large Planning Commission Members with terms that will expire in December 2026 by Sander second by Budge;
Motion passed with a 5:0 vote.

Council Member Terry left the meeting at 7:33 p.m.

19. PUBLIC HEARING ITEMS

19.1. Subject: Valero Gas Station Beer and Wine Sales - Conditional Use Permit and Letter of Public Convenience and Necessity (Project not Subject to CEQA per Section 21080(b)(5)) - Project No. PLND-1023-0086.

Recommendation: The applicant has withdrawn their request and no longer wishes to move forward with their application.

ACTION: The Applicant withdrew their application and no action was necessary from Council.

19.2. Subject: Declaring the Results of a Mail Ballot Election Relating to the Proposed Stormwater Utility 1 Fee Increase.

Recommendation: If a majority affirmative vote of the ballots returned is received, staff would return with a Resolution and Ordinance to implement the fee increase at the May 20, 2024, City Council Meeting. If a majority affirmative vote of the ballots returned is not

ITEM 9.1. ATTACHMENT 1
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, May 6, 2024

received, then no action is needed.

Assistant City Clerk Persephonie Riley reported the following results of the mail ballot election relating to the Proposed Stormwater Utility 1 Fee Increase:

Total Ballots Mailed: 20,573
Total Ballots Received: 4,634
Total "Yes" Ballots: 1,034
Total "No" Ballots: 3,600
Percent Yes: 22%
Percent No: 78%
Mayor Sander opened the public comment period. Seeing no speakers, Mayor Sander closed the public comment period.

ACTION: Motion to accept the results of the mail ballot election relating to the Proposed Stormwater Utility Fee 1 as read by the Assistant City Clerk which did not result in a majority of affirmative votes, and also suspending further proceedings of the mail ballot election by Budge second by Gatewood; Motion passed with a 4:0 vote.

AYES: Budge, Gatewood, Pulipati, and Sander
NOES: None
ABSENT: Terry
ABSTAIN: None

20. REGULAR CALENDAR ITEMS

20.1. Subject: A Resolution Authorizing the City Manager to Submit a Proposed Action to Approve a Conditional Use Permit for the Mather Veterans Village Phase 4 Multifamily Housing Project for Homeless Veterans, Project No. PLND-0324-0095, to the Airport Land Use Commission, Pursuant to the Overrule Process of Public Utilities Code Section 21676(b), with Findings that the Proposed Action is Consistent with the Purposes of Public Utilities Code Section 21670.

Recommendation: Adopt the Resolution.

Mayor Sander opened the public comment period. The following individuals addressed the Council or submitted public comment via email:

1. Helen Whelan-Bashaw

2. James Garcia
Mayor Sander closed the public comment period.

ACTION: Motion to approve item 20.1. by Budge second by Pulipati; Motion passed with a 4:0 vote.

AYES: Budge, Gatewood, Pulipati, and Sander
NOES: None
ABSENT: Terry
ABSTAIN: None

20.3. Subject: Growing Strong Neighborhoods Update.

Recommendation: Receive staff presentation and provide Council input.

ITEM 9.1. ATTACHMENT 1
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, May 6, 2024

Mayor Sander opened the public comment period. Seeing no speakers, Mayor Sander closed the public comment period.

ACTION: Input was received regarding the Growing Strong Neighborhoods Update.

21. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
None.

22. ADJOURNMENT
Mayor Sander adjourned the meeting in memory of Col. Bruce Mosley and Delaine Eastin at 8:44 p.m.
___________________
Persephonie Riley, CMC
Assistant City Clerk

MEMORANDUM
City Council Staff Report - Page 1 of 1

ITEM 9.2.

DATE: May 20, 2024
TO: Honorable Mayor and Council Members
FROM: Darcy Goulart, Planning Manager
SUBJECT: SECOND READING OF AN ORDINANCE AMENDING TITLE 23, CHAPTER 23.113 ZONING CERTIFICATION, CHAPTER 23.313
MIXED-USE ZONING DISTRICT, CHAPTER 23.731 FENCES, WALLS, AND SCREENING, CHAPTER 23.1104 DEFINITIONS AND THE

FOLSOM BOULEVARD SPECIFIC PLAN (CALIFORNIA

ENVIRONMENTAL QUALITY ACT CEQA EXEMPTION FOUND IN
GUIDELINE SECTION 15061(B)(3))

RECOMMENDATION
Waive the second reading and adopt the Ordinance.

RESULT OF RECOMMENDED ACTION
Adoption of the Ordinance would result in amendments to Title 23 Zoning Code and the Folsom Boulevard Specific Plan, as further described in Attachment 2 of this staff report.

BACKGROUND
On May 6, 2024, the City Council waived the first reading and passed to a second reading of the Ordinance.

FISCAL IMPACT AND FUNDING SOURCE
There is no fiscal impact.

ATTACHMENT(S)

1. Ordinance

2. Exhibit A to the Ordinance

ITEM 9.2. ATTACHMENT 1
Ordinance No. XX-2024 Page 1 of 4

CITY OF RANCHO CORDOVA
ORDINANCE NO. XX-2024

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA AMENDING TITLE 23, CHAPTER 23.113 ZONING CERTIFICATION, CHAPTER 23.313 MIXED-USE ZONING DISTRICTS, CHAPTER 23.731 FENCES, WALLS, AND SCREENING, CHAPTER 23.1104 GENERAL DEFINITIONS, AND FOLSOM BOULEVARD SPECIFIC PLAN CHAPTER 3 PROJECT REVIEW AND CHAPTER 8

GLOSSARY
THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA DOES ORDAIN AS FOLLOWS:

Section 1. Purpose and Declarations.

WHEREAS, the City conducts periodic updates of the provisions of the Rancho Cordova Municipal Code (RCMC) to ensure compliance with current laws, changes in local policy, consistency with adopted plans and programs, clarify ambiguities, address changing market conditions, reflect best practices, and to address issues or concerns with current regulations; and
WHEREAS, Chapter 23.113 Zoning Certification of the Municipal Code, sets forth the procedures for Zoning Certification:

A. The Ordinance would revise section 23.113.010 to clarify that Zoning Certification is not an “over-the-counter” procedure.

WHEREAS, Chapter 23.313 Mixed-Use Zoning District of the Municipal Code, establishes mixed-use zoning districts in the City:

B. The Ordinance would require a Conditional Use Permit (CUP) for outdoor storage yards in the OIMU zoning district, which is a predominantly office mixeduse zone.

WHEREAS, Chapter 23.731 Fences, Walls, and Screening of the Municipal Code, regulates the height and location of fences, walls, and screening:

A. The Ordinance would delete the word “lattice” in footnote 1 of Table 23.731-1 to indicate that other types of transparent fence material is allowed.

WHEREAS, Chapter 23.1104 General Definitions of the Municipal Code provides all definitions used throughout the Zoning Code:

A. The Ordinance would revise the definition of “earth tones” to a more updated definition that is more inclusive of available color variations.

WHEREAS, the Folsom Boulevard Specific Plan provides the goals, policies, development standards, and design guidelines of future development in the Folsom Boulevard Specific Plan area:

ITEM 9.2. ATTACHMENT 1
Ordinance No. XX-2024 Page 2 of 4
A. The Ordinance would revise Chapter 3 Project Review to delete references to “City Council” as the decision-making body and replace it with “Planning Commission,” where appropriate and applicable.

B. The Ordinance would revise Chapter 8 Glossary to change the definition of “personal services” in the Folsom Boulevard Specific Plan to be consistent with the definition in the Zoning Code.

WHEREAS, on DATE XX,, 2024, the City Council held a properly noticed public hearing for this Ordinance and considered all oral and written testimony.

Section 2: Findings. This Ordinance is adopted pursuant to the following findings:

A. CEQA Compliance. CEQA requires analysis of agency approvals of discretionary “projects.” A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” (CEQA Guidelines, § 15378.) As reflected in State CEQA Guideline 15061 (b) (3), an activity is not subject to CEQA, “[where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment…” The proposed amendments are not a “project” within the meaning of CEQA because the amendments seek to provide clarification of uses, standards and/or enforcement procedures, address inconsistencies between definitions, delete text that is no longer necessary. Because no expansion of uses or activities is reasonably anticipated, no possibility exists that the ordinance will result in a significant effect on the environment. Thus, the proposed ordinance is not subject to the requirements of CEQA. However, in the event that adoption of the ordinance is considered a CEQA project, it would nonetheless qualify for categorical exemptions as set forth below.

CEQA Guidelines Section 15061(b)(3) states that a project is exempt from CEQA “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The approval of the code amendments set forth in the proposed ordinance does not approve any physical development and it would not result in a direct or indirect physical changes in the environment. Any specific development projects that may result from these changes will be subject to environmental review. The proposed amendments are consistent with the City’s General Plan. For these reasons, the proposed amendments would not have the potential to result in individually or cumulatively significant effects on the environment and these Municipal Code amendments are exempt from review under CEQA and no further environmental review is necessary.

B. The proposed amendment is consistent with the General Plan. The attached Municipal Code Amendments and Folsom Boulevard Specific Plan Amendments (“Amendments”) are consistent with the General Plan. The amendments would address inconsistencies, delete text and graphics that are no longer necessary, and provide clarifying language for implementation.

C. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The amendments would address inconsistencies, delete text and graphics that are no longer necessary, and provide clarifying language for implementation. None of these proposed amendments will be detrimental to the public interest, health, safety, convenience, or welfare of the City.

ITEM 9.2. ATTACHMENT 1
Ordinance No. XX-2024 Page 3 of 4
D. The proposed amendments are internally consistent with other applicable provisions in this Zoning Code. The Amendments have been reviewed for consistency with the entirety of the Municipal Code and are consistent with other applicable provisions of the Municipal Code.

Section 3. Amendments to Title 23 Zoning Code
The City Council hereby adopts the amendments to Title 23 Zoning Code of the Rancho Cordova Municipal Code, as shown and incorporated in Exhibit A to this Ordinance.

Section 4. Amendments to the Folsom Boulevard Specific Plan The City Council hereby adopts the amendments to the Folsom Boulevard Specific Plan, as shown and incorporated in Exhibit A to this Ordinance.

Section 5. Severability
If any provision of this Ordinance or the application thereof to any person or circumstance, is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid or unenforceable.

Section 6. Effective Date
Within fifteen (15) days after adoption, a Summary of this Ordinance shall be published once in the Grapevine Independent, or the Sacramento Bee, a newspaper of general circulation printed and published in Sacramento County and circulated in the City of Rancho Cordova, in accordance with Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.

ITEM 9.2. ATTACHMENT 1
Ordinance No. XX-2024 Page 4 of 4
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 20th day of May 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
David Sander, Mayor
ATTEST:

Stacy Leitner, CMC
City Clerk

Rancho Cordova
Municipal Code
Amendments
ITEM 9.2. ATTACHMENT 2 Exhibit A to the Ordinance

Note to Reader: Only those sections and/or subsections listed within this document are being amended. Unless otherwise indicated, all sections and subsections prior to and after the amended section and/or subsection shall remain, unchanged.

CHAPTER 23.113 ZONING CERTIFICATION

23.113.010 Purpose.

Zoning certification is an administrative procedure to certify that a proposed structure or land use is allowed in the applicable zoning district and that the project complies with all applicable requirements of the zoning code. This includes building permit plan check, business license review, home occupations, sign permits, and similar activities that require a compliance check with regard to zoning code provisions. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.5.010)].

CHAPTER 23.313 MIXED-USE ZONING DISTRICTS

23.313.030 Allowed land uses and permit requirements.

Table 23.313-1 identifies allowed uses and corresponding permit requirements for the mixed-use districts subject to compliance with Chapter 23.304 RCMC (Land Use Classification) and all other provisions of this title.

Descriptions/definitions of the land uses can be found in Article 11 of this title (Definitions). The specific use regulations column in the table identifies the specific chapter or section where additional regulations for that use type are located within this title.

Use regulations in the table are shown with a representative symbol by use classification listing: “P” symbolizes uses allowed by right, “AUP” symbolizes uses that require approval of an administrative use permit, “C” symbolizes uses that require approval of a conditional use permit, and “N” symbolizes uses that are not permitted.

Table 23.313-1: Allowed Use and Permit Requirements for Mixed-Use Districts Land Use Category RMU CMU OPMU OIMU LIBP VC LTC RTC Specific Use Regulations
Residential Uses
Adult Day Care Home P N N N N N N N
Caretaker Housing P P P P P P P P RCMC

23.901.020
Dwelling, Multifamily P
1 P1, 2 P1, 2 N N P1 P1 P1
Dwelling, Accessory Unit P N N N N N N N RCMC

23.901.060
Dwelling, Single-Family P
1 P1, 2 P1, 2 N N P1 P1 P1
Dwelling, Two-Family P
1 P1, 2 P1, 2 N N P1 P1 P1
Emergency Shelter C C C C N N N N
Family Day Care Home, Small P N N N N N N N
Family Day Care Home, Large17 P N N N N N N N RCMC

23.901.080
ITEM 9.2. ATTACHMENT 2 Exhibit A to the Ordinance

Land Use Category RMU CMU OPMU OIMU LIBP VC LTC RTC Specific Use Regulations
Group Residential AUP N N N N N N N
Home Occupations P P P N N P P P RCMC

23.901.030
Live-Work Facility P
1 P1 P1 N N P1 P1 P1 RCMC

23.901.040
Residential Care Home, Small P N N N N N N N
Residential Care Home, Large18 AUP N N N N N N N RCMC

23.901.090
Transitional Housing P N N N N N N N
Low-Barrier Navigation Center P N N N N N N N
Agriculture, Resource, and Open Space Uses
Beekeeping N N N N N N N N Chapter 8.12
RCMC
Recreation, Education, and Public Assembly Uses
Clubs, Lodges, and Private
Meeting Halls

P P P P AUP P P P
Community Centers/Civic Uses P P P P AUP P P P
Indoor Amusement/
Entertainment Facility32, 33

AUP P P P AUP AUP P P
Indoor Fitness and Sports
Facility32, 33

AUP P P P AUP AUP P P
Libraries and Museums P P P P P P P P
Outdoor Commercial
Recreation32, 33

N C N N P C C C
Parks and Public Plazas P P P P C P P P
Public Safety Facility P P P P P P P P
Religious Institutions P P P P P P P P
Schools, Private and
Special/Studios31

P P P P C P P P
Schools, Public31 P P P P P P P P
Theaters and
Auditoriums32, 33

C P P P N AUP P P
Urban Agriculture
Aquaculture P
24 P24 P24 P24 P24 P24 P24 P24 RCMC

23.904.030
Community Garden, Public C C C C C C C C RCMC

23.904.030
Community Garden, Private P
24 P24 P24 P24 P24 P24 P24 P24 RCMC

23.904.030
Market Garden P
24 P24 P24 P24 P24 P24 P24 P24 RCMC

23.904.030
Private Garden P P P P P P P P RCMC

23.904.030
ITEM 9.2. ATTACHMENT 2 Exhibit A to the Ordinance

Land Use Category RMU CMU OPMU OIMU LIBP VC LTC RTC Specific Use Regulations
Urban Ag Stand P
25 P25 P25 P25 P25 P25 P25 P25 RCMC

23.904.030
Utility, Transportation, and Communication Use Listings Broadcasting and
Recording Studios

N P P P P N N N
Bus and Transit Shelters P P P P P P P P
Freight Yard/Truck
Terminal

N N N C C N N N
Fuel Storage and
Distribution

N N N N C N N N
Heliports N AUP AUP AUP AUP N N N
Park and Ride Facility C P P P P C C P
Parking Facility AUP P P P P AUP P P
Telecommunication Facility C AUP/
C
21 AUP/
C
21 AUP/
C
21 AUP/
C
21 AUP/
C
21 AUP/
C
21 AUP/
C
21 RCMC

23.907.020
Transit Facilities N N N C P N N N
Transit Stations and
Terminals

C P P P P P P P
Utility Facility and Infrastructure AUP AUP AUP AUP AUP AUP AUP AUP RCMC

23.907.030
Retail, Service, and Office Uses22
Adult Day Care Facility N AUP AUP AUP AUP AUP AUP AUP
Alcoholic Beverage Sales,
Off-Site16
N C C
2 C2 C2 C C C
Ambulance Service N AUP AUP P P N N N
Animal Sales and Grooming AUP P N N N P P P
Art, Antique, Collectible P
2 P P2 P2 N P P P
Artisan Shops AUP P P
2 P2 P2 P P P
Bail Bonds N C N N N N N N
Banks and Financial Services P
2 P P P P P P P
Bars and Nightclubs23 C
3 C3 C2, 3 C2, 3 C2, 3 C3 C3 C3
Bed and Breakfast Inns P P N N N N N N
Brew Pub23 N P P
2 P2 P2 P P P
Building Materials Stores and
Yards
N P
4 N C4 N N C4 C4
Business Support Services AUP2, 4, 5 P P P AUP P
5 P P
Call Centers N N P P AUP N N N
Commercial Marijuana Uses N N N N N N N N
Child Day Care Facility P AUP AUP2 AUP2 AUP2 P C C
ITEM 9.2. ATTACHMENT 2 Exhibit A to the Ordinance

Land Use Category RMU CMU OPMU OIMU LIBP VC LTC RTC Specific Use Regulations
Consignment Store N P N N N N AUP N
Convenience Stores AUP2, 26 AUP26 AUP2, 26 AUP2, 26 AUP2, 26 AUP26 AUP26 AUP26 RCMC

23.910.020
Drive-In and Drive-Through Sales
and Service
N C
20, 21 N N C6, 20, 21 C20, 21 C20, 21 C20, 21 RCMC

23.910.030
Equipment Sales and Rental N N N P P N N N
Furniture, Furnishings, and
Appliance Stores

N P N N N N C P
Garden Center/
Plant Nursery

N P N AUP N N C C
Grocery Stores/Supermarkets AUP2 P P
2 AUP2 N AUP8 P P
Home Improvement Supplies N P
9 N P P N P9 P9
Hotels and Motels32, 33 C
2 P P C N C P P
Hotels and Motels, Extended
Stay32, 33
C
2 C C C N C C C
Kennels, Commercial C
2, 4 N N N AUP4 N N N
Maintenance and Repair, Small
Equipment

N P N P P AUP P P
Medical Services, General AUP2 P P P P P P P
Medical Services, Extended Care P C C C N N N N
Medical Services, Hospitals N P P P P P P P
Mortuaries and Funeral Homes15 N P N N P
15 N N N
Neighborhood Market P
2 P P2 AUP2 N P P P
Offices, Business and Professional P
2 P2 P P N P2 P2 P2
Offices, Accessory P P P P P P P P
Personal Services P
2, 5 P P2 P2 P2 P P P
Residential Care Facility AUP C C N N N N N
Restaurants P
2 P P2 P2 P2 P P P
Retail, Accessory P
2 P P6 P6 P6 P P P
Retail, General P
2, 11 P N N N P P P
Retail, Warehouse Club N P N N N N C P
Smokers’ Lounge, Hookah Bar,
E-Cigarette Lounge, and Vapor
Lounge

N N N N N N N N RCMC

23.919.100
Tasting Room, Off-Site23 N P P
2 P2 P2 P P P
Veterinary Facility AUP2 P N AUP AUP AUP P P
Automobile and Vehicle Uses
Auto and Vehicle Sales and Rental N P
19 N N P19 N N N RCMC

23.913.040
ITEM 9.2. ATTACHMENT 2 Exhibit A to the Ordinance

Land Use Category RMU CMU OPMU OIMU LIBP VC LTC RTC Specific Use Regulations
Auto and Vehicle Sales, Wholesale N N N C P N N N
Auto and Vehicle Storage N N N C
12 P12 N N N
Auto Parts Sales N P
11, 12 N N P11, 12 N N N
Car Washing N C C C C N C C RCMC

23.913.050
Detailing/Waterless Car Wash N AUP AUP AUP N N N N
Service Stations N AUP C C P N C C
Vehicle Services, Major N N N C
12 P12 N N N
Vehicle Services, Minor N AUP12, 13 N AUP12 P
12 N N N
Industrial, Manufacturing, and Processing Uses
Agricultural Products
Processing

N N N N C N N N
Artisanal and Specialty
Manufacture, Display, and Sales

N P P P P P P P
Brewery, Winery, Distillery N P
29 P29 P29 P29 P29 P29 P29
Manufacturing, Major N N N N C
14 N N N
Manufacturing, Minor N N N P P N N N
Manufacturing, Small Scale N P P P P P N N
Printing and Publishing N C C P P N N N
Recycling Facility, Processing N N N N C N N N
Recycling Facility, Scrap and
Dismantling Facility

N N N N C N N N
Research and Development N N P P P N N N
Storage, Personal Storage Facility N N N C
27 P27 N N N Chapter 23.915
RCMC
Storage, Warehouse N N N P P N N N
Storage, Yards N N N C
34 P14 N N N Chapter 23.728
RCMC
Wholesaling and Distribution N N N P
14 P14 N N N
Special Regulated Uses
Bingo Parlors N P
30 P30 P30 N N N N Chapter 4.26
RCMC
Card Rooms N P C C C N N N RCMC

23.919.020
Check Cashing Businesses N P N N N N N N RCMC

23.919.030
Massage Parlors, Massage
Establishments
N P
28 N N N N N N Chapter 4.33
RCMC
Pawnshops N P N N N N N N RCMC

23.919.040
Recycling Facility, Collection N C C C P C C C RCMC
ITEM 9.2. ATTACHMENT 2 Exhibit A to the Ordinance

Land Use Category RMU CMU OPMU OIMU LIBP VC LTC RTC Specific Use Regulations
Facility 23.919.050
Sexually Oriented Businesses N N N N P N N N RCMC

23.919.060
Smoke Shops N P N N C N N N RCMC

23.919.070
Tattoo Parlors N P N N N N N N RCMC

23.919.080
Thrift Stores N P N AUP AUP N N N RCMC

23.919.090
Notes:

1. See the density restrictions in the underlying zoning district.

2. This use is permitted or permitted with a use permit as specified only in conjunction with the predominant use of the mixed-use district. In other words, this use is only allowed as part of an integrated development and not as a standalone use. Other uses in the table are allowed as standalone uses.

3. All forms of speaker amplification exterior to the building shall be prohibited unless authorized in combination with project approval or amendment thereto.

4. All activities shall occur within a completely enclosed building or shall be located behind a solid/screened enclosure directly adjacent to the building.

5. Maximum gross floor area is less than 5,000 square feet.

6. Limited to a maximum of 25 percent of the gross floor area of the integrated development.

7. Maximum tenant space shall be 25,000 square feet.

8. Maximum tenant space shall be 50,000 square feet.

9. Uses 25,000 square feet and over require a conditional use permit.

10. Limited to less than 50 percent of the gross floor area of the integrated development.

11. Maximum tenant space shall be 15,000 square feet.

12. All activity and storage must be located within an enclosed structure.

13. No portion of the use shall be located within 500 feet of an intersection.

14. All activity must be entirely screened from public view and not within 500 feet of a residential use. The 500-foot separation from residential uses may be waived if the storage yard adheres to the standards in RCMC 23.728.030(C)(1).

15. A crematory is prohibited in all zones with the exception of LIBP, where it is permitted in association with a mortuary or funeral home.

16. Only establishments that sell alcoholic beverages for off-site consumption require a conditional use permit.

17. See additional provisions in RCMC 23.901.080, Family day care (large).

18. See additional provisions in RCMC 23.901.090, Residential care home (large).

19. This use is not permitted if incidental to and not a primary part of the operation of the primary use. Rentals that are an integral part of a primary use are subject to the additional provisions of RCMC 23.913.040.

20. Drive-throughs that are added to existing buildings may be processed with an AUP.

21. Conditional use permit required if any portion of proposed facility is within 500 feet of a residential zoning district or existing residential use.

22. All commercial activity, display and storage shall occur within a building or within a screen enclosure. A temporary use permit, administrative use permit, or conditional use permit may be obtained to deviate from this requirement.

23. Uses which serve alcohol for on-site consumption and which have an “on-sale” license from the California Department of Alcoholic Beverage Control must be located at least 250 feet from any adult live theater at which live nude dancing is performed and which is subject to Section 143.3 of the California Code of Regulations.

24. Private community gardens and market gardens are allowed in the city’s mixed-use districts up to a maximum three acres in size and pursuant to applicable regulations in RCMC 23.904.030. Approval of an administrative use permit is required for said uses greater than three acres in size.

25. On-site urban agriculture stands are allowed up to 120 square feet, on the site of an urban agricultural use consistent with applicable regulations in RCMC 23.904.030.

26. See RCMC 23.910.020 (Convenience stores).

27. See Chapter 23.915 RCMC (Storage, Personal Storage Facility Development Standards).

28. Massage parlors and massage establishments must be located at least 1,000 feet from other massage parlors and massage establishments, as measured from the entrance of each establishment. This shall not apply to any home occupation massage business that is in full compliance with home occupation requirements in Chapter 23.901 RCMC.

29. Over 20,000 square feet requires an administrative use permit.

30. Bingo games and parlors are regulated by Chapter 4.26 RCMC. The city has a limit of no more than two bingo parlors in the city limits at any given time.

31. Dormitories on any parcel that is part of a contiguous campus are permitted as an accessory use to a public or private school.

32. On-site consumption of food is considered a permitted use if the related primary use is a permitted use.

33. On-site consumption of alcohol, as an accessory use to a permitted use, requires approval of an administrative use permit.

34. All storage yards proposed in the OIMU zoning district require a Conditional Use Permit and not subject to RCMC 23.728.020 (Permit requirements and exemptions).
[Ord. 12-2022 § 3 (Exh. A), 2022; Ord. 1-2022 § 3 (Exh. A); Ord. 11-2021 § 3 (Exh. A); Ord. 1-2021 § 3 (Exh. A); Ord. 1-2020 § 3 (Exh. A); Ord. 5-2019 § 3 (Exh. A); Ord. 3-2019 § 5 (Exh. A); Ord. 17-2018 § 4 (Exh. A); Ord. 15-2018 § 4 (Exh. A); Ord. 4-2018 § 3 (Exh. A); Ord. 5-2017 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 3-2017 § 3 (Exh. A); Ord. 1-2016 § 4; Ord. 15-2015 §§ 2, 3; Ord. 8-2015 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 2.5.030)].

ITEM 9.2. ATTACHMENT 2 Exhibit A to the Ordinance

CHAPTER 23.731 FENCES, WALLS, AND SCREENING

23.731.050 Fence location.

A. Fences, walls, and screening are not required between land uses unless otherwise specified in this chapter.

B. Fences, walls, and screening must be located outside of any public utility easement, except as authorized by the applicable utility agency.

Table 23.731-1: Maximum Height of Fences, Walls, and Screening in Required Yard Area Location of Fence/Wall/Screen Maximum
Height
Required front yard area 3 feet2
Required rear and interior side yard area (along
rear and interior property lines)
7 feet1
Required street side yard area 7 feet1, 3
At intersections of streets, alleys, and driveways
within the clear visibility area (definition in
Chapter 23.1104 RCMC (General Definitions))
30 inches
Notes:

1. Maximum height for fences may be increased by designated approval authority as part of design review; provided, that the portion of the fence above seven feet is at least 50 percent transparent.

2. The height of the front yard fence may be increased to five feet when the fence is located a minimum setback of three feet from the property line and remains visually open and transparent (e.g., picket fence, open wood slats, open wrought iron). Fences that are three feet or less may be located at the property line.

3. For fences over three feet in height, the minimum setback of three feet from the property line is required. Fences that are three feet or less may be located at the property line.
[Ord. 5-2019 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B)].

CHAPTER 23.1104 GENERAL DEFINITIONS

23.1104.020 General definitions.
“Earthtones” means muted shades of gray and muted shades and medium to dark tones of the following colors: burnt umber, raw umber, raw sienna, burnt sienna, red, English red, yellow ochre, chrome green and terra vert.” ITEM 9.2. ATTACHMENT 2 Exhibit A to the Ordinance

Chapter 3

PROJECT REVIEW
FOLSOM BOULEVARD SPECIFIC PLAN 3-1
A. Plan Administration
The City’s designated planning agencies (Planning Department staff and Planning Commission will have primary responsibility for ensuring implementation of the Folsom Boulevard Specific Plan. As with all development in the city, any entitlement process requires review to ensure consistency with the land use plan and zoning for the area. All properties within the FBSP area are subject to the land use and development standards in this document. This chapter establishes the requirements for review of projects within the FBSP area and the procedures for completing project reviews. The City is committed both to the long-term enhancement of the character and quality of development on the boulevard and to the near-term attraction of private investment to the corridor. Recognizing that many near-term development opportunities will involve small-scale projects, the City has established project review procedures that address three tiers of development—Exempt, Minor, and Major Projects—as described herein.

ITEM 9.2. ATTACHMENT 2 Exhibit A to the Ordinance

Chapter 3
Project Review
3-2 Folsom Boulevard Specific Plan
B. Development Review
New development and redevelopment (reuse and building modification) within the plan area is generally subject to City approval. Approvals may include, but are not limited to, lot mergers and maps, Temporary Use Permits, Conditional Use Permits, and Design Review (minor and major).

Individual project applications will be reviewed to determine consistency with the FBSP and other associated regulatory documents. Unless otherwise noted in this Plan, project reviews within the Plan area shall be conducted consistent with the procedures and requirements established in the City of Rancho Cordova Zoning Code. While review procedures in the plan area are typically dictated by the Zoning Code, the allowed uses and the development standards applicable in the plan area are set forth within this FBSP.

C. Project Type and Review Process
Generally, three categories of project types require subsequent review by the City for property located within the plan area, as follows:
• Lot Changes. This category of project includes lot mergers, lot splits, parcel and subdivision maps, as well as integrated developments. City rules and processes for these types of projects are the same everywhere within the city limits and are outlined in various locations of the Municipal Code. In other words, no special provisions or processes apply within the FBSP. • Land Use Changes. This category of project includes any change of use within an existing building or site, any new use in a new building or site, and temporary and transitional uses.

The FBSP does include allowed use provisions for permanent, temporary, and transitional uses as outlined in Chapter 2 (Land Use Plan and Allowed Uses). This Plan also identifies permit requirements associated with allowed uses (Conditional Use Permit, Limited Use Permit, Administrative Use Permit, and Temporary Use Permit) and refers to the citywide permit process for review of any required use permits consistent with the provisions in this Plan. • Structural/Physical Changes. This category of project includes any structural or physical change to an existing building, any new structure, and temporary structures. The FBSP includes development standards for structural or physical changes, which vary depending on the scale or magnitude of change as outlined in Chapter 4 (Development Standards). Generally, the City requires Design Review for structural/physical changes that are not otherwise exempt. The City defines two levels of Design Review: Minor Design Review is acted upon by the Planning Director and Major Design Review is acted upon by the Planning Commission. The process for Design Review entitlements is consistent with the citywide permit process outlined in the Zoning Code.

ITEM 9.2. ATTACHMENT 2 Exhibit A to the Ordinance

Chapter 3
Project Review
Folsom Boulevard Specific Plan 3-3
To simplify project type and review requirements for subsequent development within the plan area, this chapter of the FBSP defines projects as Exempt, Minor, or Major in subsection 1 below with reference to applicable provisions in subsequent chapters of the Plan. However, the City recognizes that not all projects match the City’s regulations perfectly. In some cases, applicants will bring forward projects with demonstrated community benefits that are not consistent with some portion of the City’s regulations. In these cases, the City may consider granting an Exception subject to the provisions of subsection D of this chapter. Finally, some uses that were established legally in the past may no long be consistent with current City regulations. Such uses are referred to as legal non-conforming uses, and subsection E of this chapter explains how these uses are addressed by the City.

1. Exempt Projects, Minor Projects, and Major Projects
Prior to processing a development application, staff will consult with potential applicants to determine what level of review is required and the process for completing that review. a) Exempt Projects
The following uses, structures, and improvements are considered exempt projects and are not generally subject to review under this FBSP. However, such uses and structures may still require additional permits, such as a City business license or building permit, to ensure compliance with adopted Building Code standards and Zoning Code provisions. 1) Uses in an existing structure that are permitted by right (P) as identified in Chapter 2 (Land Use Plan and Allowed Uses) of this Plan with little or no changes to the exterior, except in conformance with all other limitations below. 2) A single-family custom home on a lot that is consistent with existing zoning. 3) An addition to a single-family residential home that is consistent with existing zoning. 4) Additions to nonresidential structures less than 1,000 square feet in size. 5) Accessory structures consistent with provisions of Zoning Code Chapter 23.734 (Residential Accessory Structures).
6) Repairs, maintenance, and restoration of buildings, site improvements, or structures that do not substantially alter the appearance of the site or structures. 7) Painting, restoration to original condition, windows and window treatments, door installations, and minor façade improvements that involve less than 100 linear feet of building face.
8) Changes to site plan elements that are not specifically required by the citywide Zoning Code (e.g., decorative elements and landscaping that are not specifically required in the citywide landscape requirements).

ITEM 9.2. ATTACHMENT 2 Exhibit A to the Ordinance

Chapter 3
Project Review
3-4 Folsom Boulevard Specific Plan
9) Interior alterations that do not increase the gross floor area within the structure or change/expand the permitted use of the structure.
10) Second dwelling units subject to California Government Code Section 65583.1. 11) Construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities intended to service existing or nearby approved developments (e.g., water, gas, electric, or telecommunication supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, and similar facilities and equipment). b) Minor Projects
The following uses, structures, and improvements are considered Minor Projects, are subject to review under this FBSP, and will require one or more permits or entitlements that are acted upon by the Planning Director consistent with this Plan. 1) Uses allowed subject to an Administrative Use Permit (AUP) or Limited Use Permit (LUP) as identified in FBSP Chapter 2 (Land Use Plan and Allowed Uses) which also conform to the other minor structural modifications below.
2) New construction of a nonresidential building or structure or expansion of an existing nonresidential structure that results in less than 5,000 square feet additional building area in all zoning districts unless exempt in Zoning Code Section 23.140.030 are subject to Minor Design Review.
3) Nonresidential façade renovations that involve less than 200 linear feet of façade frontage of an existing building, unless exempt in Zoning Code Section 23.140.030, are subject to Minor Design Review.
4) Significant changes to multi-family and all nonresidential site plans that impact required site plan elements (e.g., required parking, shade canopy, lighting, landscaping) are subject to Minor Design Review.
5) The exterior remodel of multi-family residential buildings or structures are subject to Minor Design Review.
c) Major Projects
The following uses, structures, and improvements are considered Major Projects, are subject to review under this FBSP, and will require one or more permits or entitlements that are acted upon by the Planning Commission consistent with this Plan. 1) Uses subject to a Conditional Use Permit (CUP) as identified in FBSP Chapter 2 (Land Use Plan and Allowed Uses).
2) Single-family residential subdivision maps are subject to the Major Design Review and Tentative Subdivision Map entitlement processes.

ITEM 9.2. ATTACHMENT 2 Exhibit A to the Ordinance

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3) Master home plans for single-family residential subdivisions are subject to Major Design Review.
4) Multi-family residential development is subject to Major Design Review. 5) Commercial development equal to or greater than 5,000 square feet in building area (including new construction and expansion to existing structures) is subject to Major Design Review.
6) Office development equal to or greater than 5,000 square feet in building area (including new construction and expansion to existing structures) is subject to Major Design Review.
7) Industrial development equal to or greater than 5,000 square feet in building area (including new construction and expansion to existing structures) is subject to Major Design Review.
8) Public/quasi-public developments (e.g., public safety facilities, library, city facilities) equal to or greater than 5,000 square feet in building area (including new construction and expansion to existing structures) are subject to Major Design Review. 9) Exceptions to Development Standards.

2. Project Review Process and Timeline
As previously identified, the project review process for projects located within FBSP shall comply with the permit processing requirements in the Citywide Zoning Code. However, in order to provide some degree of certainty or predictability, the City has identified the following range of project review timelines for projects located within the plan area. These project review timelines commence with the determination of a complete application for the various entitlements listed below. The range of time takes into consideration varying degrees of project complexity.

Permit or Entitlement Type Estimated Timeline to Decision/Action Administrative Use Permit 4 to 6 weeks
Limited Use Permit 4 to 6 weeks
Conditional Use Permit 6 to 10 weeks
Minor Design Review 6 to 10 weeks
Major Design Review 8 to 12 weeks
D. Exceptions
The City Council supports the vision and development standards established in the Folsom Boulevard Specific Plan and encourages all developers to review and adhere to the strict application of these standards when designing future projects. The City Council also recognizes ITEM 9.2. ATTACHMENT 2 Exhibit A to the Ordinance

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the real-world challenges that the vision and development standards present in a depressed economy and as such, desires to provide additional flexibility for projects that will benefit the community in specific, identified ways. In conjunction with Major Design Review, project-level CEQA review, and any other required entitlements, an applicant may request that the Planning Commission approve an exception to allow a development project that does not strictly adhere to the Specific Plan or to other City development standards.

The Planning Commission may grant an Exception for any development standard in the FBSP if the use is permitted as outlined in this Plan and the project meets at least four of the following six conditions:
1) Will fulfill a compelling community need, as indicated by an existing City goal, General Plan policy, budget priority, or other Council-adopted policy document. 2) Will improve an existing blighted situation by removing 100 percent of the blight located on the subject property.
3) Will provide unmet services to a currently underserved community. 4) Will create at least 15 new permanent full-time jobs (or new jobs equivalent to at least 15 fulltime equivalents) or a minimum of 1 job per 500 square feet. 5) Will generate annual sales tax contributions to the City in excess of $25,000. 6) Investments in the property will increase the property tax revenue for the subject parcel(s) by at least 250 percent.

To the extent practical, development projects should comply with FBSP development standards.

All projects remain subject to Design Review as established in Sections 23.140 and 23.141 of the Zoning Code. An Exception request must be included and will be reviewed in conjunction with the project’s Design Review application. It is the applicant’s responsibility to request relief from specific provisions of the FBSP development standards and provide justification for why standards cannot be met. It is also the applicant’s responsibility to provide evidence of compliance with at least four of the conditions listed above to support the Exception request. The Planning Commission is the approving authority for all Exception requests.

Under no circumstance shall an Exception result in any of the following:
• Allow a land use not otherwise permitted or conditionally permitted in the zone • Allow a detrimental environmental impact not adequately analyzed • Waive payment of applicable impact fees
• Waive a specific prohibition
• Waive or modify a procedural requirement
ITEM 9.2. ATTACHMENT 2 Exhibit A to the Ordinance

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The procedure for granting Exceptions allowed under this provision is provided in Section

23.110.150(D) of the City’s Zoning Code. In granting the Exception, the Planning Commission shall make the following findings:
1) The proposed project qualifies for an Exception by meeting at least four of the six conditions required for granting of an Exception as defined above. 2) The Planning Commission has determined that the proposed project has adhered to the vision of the Folsom Boulevard Specific Plan to the fullest extent practicable. 3) The applicant has provided substantial evidence that the conditions for the Exception will be met following construction and operation of the project. Further, the applicant has agreed to conditions of approval guaranteeing these requirements will be met or exceeded throughout the life of the project.
4) Granting the Exception will not adversely affect the interests of the public or the interests of the residents and property owners in the vicinity of the premises in question, and shall not establish a precedent for other project requests.
5) Granting the Exception will not endanger the public health and safety.

E. Nonconforming Uses and Structures
The FBSP assumes changes in land use and development patterns from existing conditions over time. This section establishes special considerations and exceptions to the FBSP regulations for nonconforming land uses and structures that were legal uses or structures when first established.

If the same uses or development patterns came forward today, they would be prohibited, regulated, or restricted differently under the terms of the FBSP. It is the intent of these regulations to allow the continuation of nonconforming uses and structures, with some limitations as described below.

1. Continuation, Re-Occupancy, and Maintenance of Nonconforming Uses and Structures
a) A nonconforming use may continue to operate in perpetuity, be transferred, or be sold, provided that the use shall not be enlarged or intensified nor be expanded to occupy a greater area than it lawfully occupied before becoming nonconforming (except as provided in the Nonconforming Use Permit Procedures subsection below). Any use approved as of the date this chapter becomes effective may be carried out as approved. Any extension of such approval, for which the applicant was entitled to apply as of the effective date, may be granted according to the regulations in effect prior to the effective date; if granted, such extension will be considered the same as an approval granted before the effective date. b) A nonconforming structure may be maintained or improved as follows:

ITEM 9.2. ATTACHMENT 2 Exhibit A to the Ordinance

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• Maintenance and repair. A nonconforming structure may be maintained and repaired. • Seismic retrofitting and Building Code compliance. Repairs, alterations, or reconstruction to reinforce unreinforced masonry structures or to comply with Building Code requirements shall be allowed, provided that the work is exclusively to comply with applicable earthquake safety standards and the Building Code. • Structural alteration of a nonconforming structure to improve safety or to reduce fire hazard.

2. Modification and Expansion of Nonconforming Uses and Structures A nonconforming use or structure may be modified or expanded, subject to the provisions of the Nonconforming Use Permit Procedures subsection as follows:
a) Structural modification. Addition, enlargement, extension, or relocation of a nonconforming structure may be allowed if the changes to the structure conform to applicable provisions of this Specific Plan. Such modifications may not expand the extent of the nonconforming aspect of the structure or result in any new nonconforming conditions for the subject property.
b) Expansion of use. Expansion or modification of a nonconforming use may be allowed subject to the Nonconforming Use Permit Procedures subsection. c) Exterior improvements or expansion of structures may also require Design Review approval in keeping with the City’s Zoning Code.

3. Destruction and Replacement of Nonconforming Uses and Structures
If a nonconforming structure, or a conforming structure occupied by a nonconforming use, is involuntarily damaged or destroyed, the structure may be repaired or rebuilt and reoccupied in the same manner in which it originally existed, if the restoration is started within one year of the date of the damage and is diligently pursued to completion.

4. Loss of Nonconforming Status
If a nonconforming use is discontinued for a continuous period of 18 months or more, rights to nonconforming status shall terminate. The Planning Director shall base determination of discontinuance on evidence including the removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or no business records to document continued operation. Maintenance of a valid business license shall in and of itself not be considered a continuation of the use. Without further action by the City, any subsequent use of the site or structure shall comply with all of the ITEM 9.2. ATTACHMENT 2 Exhibit A to the Ordinance

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regulations of the applicable district and all other applicable provisions of this Specific Plan and relevant sections of the Zoning Code.

5. Extension of Nonconforming Use Status
A property owner may request of the Planning Director an additional 6 months’ extension to the 18-month nonconforming use time period. Such a request must be supported by any of the following:
a) Evidence of active marketing of the tenant space accompanied with regular maintenance of the property in a manner that supports such marketing efforts. b) A signed lease agreement and anticipated occupancy within the extension period. c) Issuance of a valid Building Permit for interior or exterior remodel and anticipated occupancy within the extension period.

6. Nonconforming Use Permit Procedures
a) Permit requirements. A Nonconforming Use Permit is required for the expansion or modification of existing nonconforming structures or uses. The intent of this permit is to allow for individual review of requests to expand or modify a nonconforming use in a manner that ensures compatibility with surrounding areas and uses. b) Approving authority. The Planning Commission shall be the final decision-making body for all Nonconforming Use Permits.
c) Required findings. A Nonconforming Use Permit shall be granted only when the designated approving authority determines that the proposed use or activity complies with all of the following findings.
i. The establishment, maintenance, or operation of the use expansion applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the city.
ii. The benefit to the public health, safety, or welfare exceeds the detriment inherent in the expansion of nonconformity.
iii. The modified or expanded nonconforming structure or use would not be incompatible with reasonably foreseeable uses as allowed under the applicable zoning regulations.
iv. The modified or expanded nonconforming structure or use would be consistent with the General Plan.

ITEM 9.2. ATTACHMENT 2 Exhibit A to the Ordinance

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d) Conditions/guarantees. The designated approving authority may impose conditions and/or require guarantees for the Nonconforming Use Permit to ensure compliance with this section and other applicable provisions of the citywide Zoning Code and to prevent adverse or detrimental impact to surrounding neighborhoods.

ITEM 9.2. ATTACHMENT 2 Exhibit A to the Ordinance

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ITEM 9.2. ATTACHMENT 2 Exhibit A to the Ordinance

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A. Terms
Floor area ratio (FAR) is defined as the gross floor area permitted on a site divided by the total gross area of the site. For example, on a site with 10,000 net square feet of land, a floor area ratio of 1.0 will allow a maximum of 10,000 gross square feet of building floor area (which may be distributed in one or more buildings and single or multiple stories). On the same site, a FAR of 1.5 would allow 15,000 square feet of floor area, a FAR of 2.0 would allow 20,000 square feet, and a FAR of 0.5 would allow only 5,000 square feet. The following illustration is provided to communicate this concept at a FAR of 0.5.

Figure 8-1. Example FAR at 0.5
ITEM 9.2. ATTACHMENT 2 Exhibit A to the Ordinance

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B. Use Classifications
The permitted land uses districts are unique to this Specific Plan. Where there are conflicts with existing definitions in the City’s Zoning Code, the use classifications of this Specific Plan will prevail. The listing of use classifications below is organized alphabetically.

Alcoholic Beverage Sales. The retail sale of beer, wine, and/or other alcoholic beverages for consumption off-premises. On-premises consumption is not included in this definition and is considered accessory to the primary use.

Artisan Shop. A retail store selling art glass, ceramics, jewelry, and other handcrafted items and supplies needed to create finished items, where the facility includes an area for the crafting of the items being sold.

Artisanal and Specialty Manufacture, Display and Sales. The manufacture, display and sales of specialty food and goods requiring the transformation of raw materials into products that may be edible, useful or decorative. Outdoor display, sales and consumption on premises may be included subject to zoning and accessibility requirements, and any other applicable state or local regulations such as, but not limited to, the California Uniform Food Facilities Law (CURFFL).

Art, Antique, Collectable. Retail sales uses including antique shops, art galleries, curio, gift, and souvenir shops, and the sales of collectable items including sports cards and comic books. Stores selling handcrafted items that are produced on the site are defined separately as “Artisan Shops.” Auto and Vehicle Retail Sales and Rental. Retail establishments selling and/or renting automobiles, trucks, and vans. This use listing includes the sales and rental of mobile homes, recreation vehicles, and boats. May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. It does not include the sale of auto parts/accessories separate from a vehicle dealership (see “Auto Parts Sales”), bicycle and moped sales (see “Retail – General”), tire recapping establishments (see “Vehicle Services – Major”), businesses dealing exclusively in used parts, (see “Recycling Facility– Scrap and Dismantling”), or “Service Stations,” which are separately defined.

Auto and Vehicle Sales, Wholesale. Wholesale establishments selling new and used vehicles and used vehicle parts.

Auto and Vehicle Storage. Facilities for the storage of operative and inoperative vehicles for limited periods of time. Includes but is not limited to storage of parking tow-aways, impound yards, and storage lots for automobiles, trucks, buses, and recreation vehicles. Does not include vehicle dismantling or retail sales.

Auto Parts Sales. Stores selling new and used automobile parts, tires, and accessories. May also include minor parts installation (see “Vehicle Services”). Does not include tire recapping establishments, which are found under “Vehicle Services – Major” or businesses dealing exclusively in used parts, which are included under “Recycling Facility – Scrap and Dismantling.” ITEM 9.2. ATTACHMENT 2 Exhibit A to the Ordinance

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Banks and Financial Services. Financial institutions such as banks and trust companies, credit agencies, holding (but not primarily operating) companies, lending and thrift institutions, and investment companies. Also includes automated teller machines (ATM) that are attached or standalone.

Bars and Nightclubs. Any bar, cocktail lounge, discotheque, or similar establishment, which may also provide live entertainment (e.g., music and/or dancing, comedy) in conjunction with alcoholic beverage sales. These facilities do not include bars that are part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. Bars and nightclubs may include outdoor food and beverage areas.

Bed and Breakfast. A residential structure with one family in permanent residence with up to five bedrooms rented for overnight lodging, where meals may be provided subject to applicable Health Department regulations. A bed and breakfast inn with more than five guest rooms is considered a hotel or motel and is included under the definition of “Hotels/Motels.” Brewery, Winery, Distillery. A facility where specific alcoholic beverages are manufactured. A tasting room is permissible as part of the onsite manufacturing of alcoholic beverages for the brewery, winery or distillery that has been licensed by Alcoholic Beverage Control. Tasting rooms must comply with retail hours of operation from 10:00 AM to 10:00 PM. Tasting shall follow all guidelines established and enforced by Alcoholic Beverage Control (ABC). All manufacturing activities occur within a completely enclosed building or in an outdoor work area screened from view. Off-site sales of alcoholic beverages are allowed at this facility consistent with ABC licensure.

Prior to occupancy, all craft breweries, wineries, or distilleries shall provide evidence of acquisition of all required state and federal permits.

Brew Pub. An establishment that produces ales, beers, meads, hard ciders, and/or similar beverages to serve on-site. Sale of beverages for off-site consumption is also permitted in keeping with the regulations of the Alcoholic Beverage Control. Service of brewed beverages must be in conjunction with the service of food. Manufacturing activities shall occur entirely within an enclosed building or outdoor work area screened from public view and be separated from the restaurant portion of the facility by applicable Building Codes. All beverage tasting shall occur within the restaurant portion of the facility. Brew pubs may not produce more than 5,000 barrels of beverage (all types of beverage combined) annually. May also include the wholesale distribution of beverages for off-site consumption.

Building Materials Stores and Yards. Retail establishments selling lumber and other large building materials, where most display and sales occur indoors. Includes stores selling to the general public, even if contractor sales account for a major proportion of total sales. Includes incidental retail ready-mix concrete operations, except where excluded by a specific zoning district. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in “Warehousing and Distribution.” Hardware stores are listed in the definition of “Retail – General,” even if they sell some building materials. Also see “Home Improvement Supplies” for smaller specialty stores.

ITEM 9.2. ATTACHMENT 2 Exhibit A to the Ordinance

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Business Support Services. Establishments primarily within buildings, providing other businesses with services such as maintenance, repair and service, testing, rental, etc. Other support services include but are not limited to equipment repair services (except vehicle repair, see “Vehicle Services – Major”), commercial art and design (production), computer-related services (rental, repair), copying, quick printing, and blueprinting services (other than those defined as “Printing and Publishing”), equipment rental businesses within buildings (a rental yard is a “Storage Yard”), film processing laboratories, heavy equipment repair services where repair occurs on the client site, janitorial services, mail advertising services (reproduction and shipping), mailbox services, other “heavy service” business services, outdoor advertising services, and photocopying and photofinishing.

Card Room. Gambling establishments that offer card games for play by the public.

Caretaker Housing. A residence that is accessory to a nonresidential primary use of the site, where needed for security, 24-hour care or supervision, or monitoring of facilities, equipment, or other conditions on the site.

Car Wash and Detailing. Permanent, drive-through, self-service, and/or attended car washing establishments, including fully mechanized facilities. May include detailing services. Temporary car washes are typically fundraising activities generally conducted at a service station or other automotive-related business, where volunteers wash vehicles by hand, and the duration of the event is limited to one day, and are not part of this use classification.

Check Cashing Business. An establishment that, for compensation, engages in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving a similar purpose. Also includes establishments primarily engaged in cashing payroll or personal checks for a fee or advancing funds on future checks. This classification does not include a state or federally chartered bank, savings association, credit union or similar financial institution (see “Banks and financial services”).

Child Day Care Facility. A State-licensed facility which provides nonmedical, care, protection, and supervision to more than 14 children under 18 years of age on a less than 24-hour basis.

Commercial or nonprofit child day care facilities include infant centers, preschools, sick-child centers, and school-age day care facilities. These may be operated in conjunction with a school or church facility or as an independent land use. Also see “Day Care Home (Adult Day Care, Family Day Care – Small, and Residential Care).”
Clubs, Lodges, and Private Meeting Halls. Permanent meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members (e.g., business associations, civic, social and fraternal organizations, labor unions and similar organizations, political organizations, professional membership organizations).

Community Center. Multipurpose meeting and recreational facility typically consisting of one or more meeting or multipurpose rooms, kitchen, and/or outdoor barbecue facilities that are available for use by various groups for such activities as meetings, parties, receptions, dances, etc.

ITEM 9.2. ATTACHMENT 2 Exhibit A to the Ordinance

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Community Garden. A privately or publicly owned vacant parcel of land used by the community or a neighborhood for the growing of fruits, vegetables, and culinary herbs for personal consumption and/or to be offered for sale on site or at a local Certified Farmers Market.

Day Care Home (Adult Day Care, Family Day Care – Small, and Residential Care). This classification includes Adult Day Care, Family Day Care – Small, and Residential Care Home as defined by the State. Generally, these homes provides supervision and nonmedical care to six or fewer persons, in the provider’s own home, on a less than 24-hour basis.

Drive-In and Drive-Through Sales and Services. Facilities where food or other products and services may be obtained by motorists without leaving their vehicles. These facilities include but are not limited to fast-food restaurants, drive-through coffee, dairy product, photo stores, driveup bank teller windows, and dry cleaners. Does not include automatic teller machines (ATMs), automobile service stations, or car washes, which are separately defined.

Dwelling, Multifamily. A building designed and intended for occupancy by three or more families living independently of each other, each in a separate dwelling unit, which may be owned individually or by a single landlord (e.g., apartment, apartment house, townhouse, condominium).

Dwelling, Second Unit. An attached or detached dwelling unit which provides complete independent living facilities for one or more persons, with permanent provisions for living, sleeping, eating, cooking, and sanitation sited on the same parcel as the primary dwelling unit.

This definition includes granny flats.

Dwelling, Single-Family. A building designed exclusively for occupancy by one family on one or more lots. This classification includes manufactured homes (defined in California Health and Safety Code Section 18007) and model homes for the first sale of homes within the subdivision.

Dwelling, Two-Family. An attached building (e.g., duplex) designed for occupancy by two families living independently of each other, where both dwellings are located on a single lot. This definition also includes halfplexes (two attached units, each with a separate lot). More than one two-family dwelling may be located on a single lot consistent with the density provisions of the General Plan. Does not include second dwelling units.

Emergency Shelter. Any facility, the primary purpose of which is to provide temporary or transitional shelter for the homeless in general or for specific populations of the homeless.

Event and Office Equipment Sales and Rental. Service establishments which may offer a wide variety of materials and equipment for rental (e.g., event table and chairs, portable dance floors, office equipment).

Family Day Care Home – Large. A State-licensed facility that provides nonmedical care and supervision of minor children for periods of less than 24 hours within a single-family residence.

The occupant of the residence provides care and supervision generally for 7 to 14 children. As described in the California Health and Safety Code, large day care homes may provide services for up to 16 children when specific conditions are met.

ITEM 9.2. ATTACHMENT 2 Exhibit A to the Ordinance

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Fuel Storage and Distribution. A large-scale facility where fuel (such as propane and gasoline) is stored and distributed without retail sales.

Grocery Store/supermarket. A retail business of more than 15,000 square feet in size where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the site of the store. These full-service businesses do not typically have limited hours of operation. See separate listing for “Neighborhood Market”.

Heliport. A designated, marked area on the ground or on the top of a structure where helicopters may land at any time.

Home Improvement Supplies. Establishments (retail or wholesale) that sell kitchen, bath, furnishings, carpeting, and other home-oriented supplies. Other retail uses are permitted if accessory to the primary use. These uses may include an expansive showroom. This category does not include the sale of lumber and does not permit the outdoor display of merchandise. This use classification is a subcategory of the larger Building Materials Stores and Yards use classification and may be combined with or separate from such uses.

Home Occupation. The conduct of business within a dwelling unit or residential site, employing occupants of the dwelling, with the business activity being subordinate to the residential use of the property.

Hotels/Motels. Facilities with guest rooms or suites, provided with or without kitchen facilities, rented to the general public for transient lodging (less than 30 days). Hotels provide access to most guest rooms from an interior walkway, and typically include a variety of services in addition to lodging (e.g., restaurants, meeting facilities, personal services). Motels provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc.

Indoor Amusement/Entertainment Facilities. Establishments providing indoor amusement and entertainment services for a fee or admission charge (e.g., dance halls and ballrooms, electronic game arcades). Four or more electronic games or coin-operated amusements in any establishment, or a premises where 50 percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade; three or less machines are considered accessory to the primary use of the site.

Indoor Fitness and Sports Facilities. Predominantly participant sports and health activities conducted entirely within an enclosed building. Typical uses include bowling alleys, billiard parlors, ice/roller skating rinks, indoor racquetball courts, indoor climbing facilities, soccer areas, athletic clubs, and health clubs. This use does not include special studios not a part of an athletic or health club (e.g., karate studio, dance studio, etc.). Also see “Schools – Private and Special/Studio.” Kennels. These facilities provide boarding of animals. May also include day-time boarding and activity for animals (e.g., “doggie day care”).

ITEM 9.2. ATTACHMENT 2 Exhibit A to the Ordinance

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Libraries, Museums, and Similar Facilities. Public or quasi-public facilities such as aquariums, arboretums, art exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, and planetariums, which are generally noncommercial in nature.

Live-Work Facility. Rowhouse or conventional house with the first story or the front of the home available as a commercial space. The commercial space may be independently leased or used by an occupant of the residential unit. The building construction must meet the building and fire code based on the use type. The work space shall contain an active use and not be used exclusively for storage or warehousing. For example, the unit may include:
• First-floor storefront for retail or service business activity; • Restaurant, café, or catering establishment with a complete kitchen and sanitary facilities; • Minor fabrication activities (e.g., carpentry, light welding, print shop, artist studio); and • Office space.

Manufacturing – Major. Manufacturing, fabrication, processing, and assembly of materials in a raw form. Uses in this category typically create greater than usual amounts of smoke, gas, odor, dust, sound, or other objectionable influences that might be obnoxious to persons conducting business on-site or on an adjacent site. Uses include but are not limited to batch plants, rendering plants, aggregate processing facilities, plastics and rubber products manufacturing. Also see “Manufacturing – Minor” and “Manufacturing – Small-Scale.” Manufacturing – Minor. Manufacturing, fabrication, processing, and assembly of materials from parts that are already in processed form and that, in their maintenance, assembly, manufacture, or plant operation, do not create excessive amounts of smoke, gas, odor, dust, sound, or other objectionable influences that might be obnoxious to persons conducting business on-site or on an adjacent site. Uses include but are not limited to furniture manufacturing and cabinet shops, laundry and dry cleaning plants, metal products fabrication, food and beverage manufacturing, etc. Also see “Manufacturing – Major” and “Manufacturing – Small-Scale.” Manufacturing – Small-Scale. Establishments manufacturing and/or assembling small products primarily by hand, including but not limited to jewelry, pottery, and other ceramics, as well as small glass and metal art and craft products. Also see “Manufacturing – Major” and “Manufacturing – Minor.”
Massage Parlor. An establishment where the primary service is to provide massages to customers. This does not include businesses where massage is a secondary use such as a beauty salon or chiropractor’s office.

Medical Services – Extended Care. Residential facilities providing nursing and health-related care as a primary use with inpatient beds, including but not limited to board and care homes, convalescent and rest homes, extended care facilities, skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under “Day Care Home (Adult Day Care, Family Day Care – Small, and Residential Care).” ITEM 9.2. ATTACHMENT 2 Exhibit A to the Ordinance

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Medical Services – General. Facilities primarily engaged in furnishing outpatient medical, mental health, surgical, and other personal health services, but which are separate from hospitals (e.g., medical and dental laboratories, medical, dental and psychiatric offices, outpatient care facilities, allied health service). Counseling services by other than medical doctors or psychiatrists are included under “Offices – Business and Professional.”
Medical Services – Hospitals. Hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include on-site accessory clinics and laboratories, accessory retail uses (see the separate definition of “Retail – Accessory”), and emergency heliports.

Neighborhood Market. A pedestrian-oriented grocery/specialty market store offering food products packaged for preparation and consumption away from the site of the store and oriented to the daily shopping needs of surrounding residential areas. Neighborhood markets are more than 5,000 square feet and less than 15,000 square feet in size and operate less than 18 hours per day. Neighborhood markets may include deli services that are ancillary to the market/grocery portion of the use. See also “Grocery store/supermarket”.

Offices – Accessory. Offices that are accessory to another business or sales activity that is the primary use. This does not apply to incidental office space that is part of the primary tenant space.

The qualification criteria for this definition are that the floor area of the accessory office use shall not exceed 50 percent of the total net habitable or leasable floor area of the primary tenant space.

Offices – Business and Professional. This use listing includes offices of administrative businesses providing direct services to consumers (e.g., insurance companies, utility companies), government agency and service facilities (e.g., post office, civic center), professional offices (e.g., accounting, attorneys, employment, public relations), and offices engaged in the production of intellectual property (e.g., advertising, architectural, computer programming, photography studios). This use does not include medical offices (see “Medical Services – General”), temporary offices (see “Offices – Temporary”), or offices that are incidental and accessory to another business or sales activity that is the primary use (see “Offices – Accessory”). Outdoor storage of materials is prohibited.

Outdoor Commercial Recreation. Facility for various outdoor participant sports and types of recreation where a fee is charged for use (e.g., amphitheaters, amusement and theme parks, golf driving ranges, health and athletic club with outdoor facilities, miniature golf courses, skateboard parks, stadiums and coliseums, swim and tennis clubs, water slides, zoos).

Park and Ride Facility. A designated area where a vehicle may be left in order to carpool with other commuters or to ride public transit.

Parks and Public Plazas. Public parks including playgrounds and athletic fields/courts and public plazas and outdoor gathering places for community use. If privately owned and restricted to the ITEM 9.2. ATTACHMENT 2 Exhibit A to the Ordinance

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Folsom Boulevard Specific Plan 8-9
public (e.g., require payment of fee), the same facilities are included under the definition of “Outdoor Commercial Recreation.”
Pawn Shop. Any room, store, building, or other place in which the business of pawn brokering, or the business of lending money upon personal property, pawns or pledges, or the business of purchasing articles from vendors or their assignees at prices agreed upon at or before the time of such purchase, is engaged in, carried on, or conducted.

Personal Services. Establishments providing nonmedical services as a primary use, including but not limited to barber and beauty shops, permanent makeup application, clothing rental, dry cleaning pick-up stores with limited equipment, home electronics and small appliance repair, laundromats (self-service laundries), shoe repair shops, and tailors. These uses may also include accessory retail sales of products related to the services provided, massage parlors, spas and hot tubs for rent, and tanning salons.

Printing and Publishing. Establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying, and other establishments serving the printing trade including bookbinding, typesetting, engraving, photoengraving, and electrotyping. This use also includes establishments that publish newspapers, books, and periodicals, and establishments manufacturing business forms and binding devices. Does not include “quick printing” services or desktop publishing, which are included in “Business Support Services.” Public Safety Facility. A facility operated by public agencies including fire stations, other fire prevention and firefighting facilities, and police and sheriff substations and headquarters, including interim incarceration facilities.

Recycling Facility – Collection. A recycling facility used for the acceptance by donation, redemption, or purchase of recyclable materials from the public that does not occupy more than 500 square feet. This classification may include a mobile unit, kiosk-type units that may include permanent structures, and unattended containers placed for the donation of recyclable materials.

This also includes so-called “reverse vending machines,” an automated mechanical device that accepts one or more types of empty beverage containers including, but not limited to, aluminum cans, glass bottles and plastic bottles, and issues a cash refund or a redeemable credit slip with value of not less than the container’s redemption value as determined by the state.

Recycling Facility – Processing. A recycling facility located in a building or enclosed space and used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment or to an end-user’s specifications by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.

Recycling Facility – Scrap and Dismantling. Uses engaged in the assembling, breaking up, sorting, temporary storage, and distribution of recyclable or reusable scrap and waste materials, including the dismantling or wrecking of automobiles or other motor vehicles, and/or the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking. The ITEM 9.2. ATTACHMENT 2 Exhibit A to the Ordinance

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Glossary
8-10 Folsom Boulevard Specific Plan
presence on any lot or parcel of land of five or more inoperable vehicles from which parts have been or are to be removed for reuse or sale shall constitute prima facie evidence of an automobile wrecking yard. This use does not include landfills or other terminal waste disposal sites.

Religious Institutions. Facilities operated by religious organizations for worship or the promotion of religious activities (e.g., churches, mosques, synagogues, temples) and accessory uses on the same site (e.g., living quarters for ministers and staff, child day care facilities which where authorized in conjunction with the primary use). Other establishments maintained by religious organizations, such as full-time educational institutions, hospitals, and other potentially related operations (e.g., recreational camp), are classified according to their respective activities.

Research and Development. Indoor facilities for scientific research and the design, development, and testing of electrical, electronic, magnetic, optical, and mechanical components in advance of product manufacturing, that are not associated with a manufacturing facility on the same site.

Includes but is not limited to chemical and biotechnology research and development. Does not include computer software companies (see “Offices – Business and Professional”), soils and other materials testing laboratories (see “Business Support Services”), or medical laboratories (see “Medical Services – General”).

Restaurant. A retail business selling food and beverages prepared and/or served on the site, for on- or off-premise consumption. These include eating establishments where customers are served from a walk-up ordering counter for either on- or off-premise consumption, and establishments where most customers are served food at tables for on-premise consumption, but may include providing food for take-out. Also includes coffee houses and accessory cafeterias as part of office and industrial uses.

Retail – Accessory. The retail sales of various products (including food service) in a store or similar facility that is located within a health care, hotel, office, or industrial complex. These uses include but are not limited to pharmacies, gift shops, and food service establishments within hospitals, and convenience stores and food service establishments within hotel, office, and industrial complexes. This use category also includes retail associated with industrial uses for the products sold, distributed, or manufactured on-site. Such retail area shall not exceed 25 percent of the total square footage of the tenant space of a single-use development or the combined floor area of an integrated development in a mixed-use project.

Retail – General. Stores and shops selling multiple lines of merchandise. These stores and lines of merchandise include but are not limited to art galleries, bakeries (all production in support of onsite sales), clothing and accessories, collectibles, consignment stores, department stores, drug and discount stores, dry goods, fabrics and sewing supplies, florists and houseplant stores, furniture, home furnishings and equipment, general stores, gift shops, hardware, hobby materials, musical instruments, parts and accessories, newsstands, pet supplies specialty shops, sporting goods and equipment, stationery, and variety stores.

Schools – Private and Special/Studio. Includes private educational institutions (e.g., boarding schools, business, secretarial, and vocational schools, colleges and universities, establishments ITEM 9.2. ATTACHMENT 2 Exhibit A to the Ordinance

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Folsom Boulevard Specific Plan 8-11
providing courses by mail or online) and special schools/studios (e.g., art, ballet and other dance, computers and electronics, drama, driver education, language, music, photography). Also includes facilities, institutions, and conference centers that offer specialized programs in personal growth and development (e.g., fitness training studios, gymnastics instruction and aerobics and gymnastics studios, environmental awareness, arts, communications, management). Also see “Indoor Fitness and Sports Facilities.”
Schools – Public. Public educational institutions such as community colleges, universities, elementary schools, middle/junior high schools, high schools, and military academies.

Service Station. A retail business selling gasoline or other motor vehicle fuels, which may include a convenience store and/or self-service car wash. Vehicle services which are incidental to fuel and car wash services are included under “Vehicle Services – Minor.” Sexually Oriented Business. Adult bookstores, adult motion picture theaters, adult live theaters, adult video stores, or any establishment that consists of a combination of such uses. An adult bookstore is a building or a portion thereof used by an establishment either (A) where 25 percent or more of the floor space of the area of the building open to the public, and actually used for the display of books, magazines, or other publications, is devoted to the sale of books, magazines, or other publications which are distinguished or characterized by their emphasis on matters explicitly depicting, describing, or relating to specified sexual activities as defined in RCMC 23.919.060 and which, because of their sexually explicit nature, may, pursuant to state law or county regulatory authority, be offered only to persons over the age of 18; or (B) where 25 percent or more of the total number of books, magazines, or other publications offered for sale to the public consist of books, magazines, or other publications which are distinguished or characterized by their emphasis on matters explicitly depicting, describing, or relating to specified sexual activities as defined in RCMC 23.919.060 and which, because of their sexually explicit nature, may, pursuant to state law or county regulatory authority, be offered only to persons over the age of 18. An adult motion picture theater is a building or portion thereof or an area, open or enclosed, which regularly features motion pictures distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities as defined in RCMC 23.919.060 or specified anatomical areas as defined in RCMC 23.919.060. An adult live theater is a building or portion thereof or an area, open or enclosed, which regularly features live performances distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities as defined in RCMC 23.919.060 or specified anatomical areas as defined in RCMC 23.919.060 for observation by patrons or customers. An adult video store is a building or portion thereof used by an establishment either (A) where 25 percent or more of the floor space of the area of the building open to the public, and actually used for the display of videos, is devoted to the sale or rental of videos which are distinguished or characterized by their emphasis on matters explicitly depicting, describing, or relating to specified sexual activities as defined in RCMC 23.919.060, and which, because of their sexually explicit nature, may, pursuant to state law or county regulatory authority, be offered only to persons over the age of 18; or (B) where 25 percent or more of the total number of videos offered for sale or rental to the public consist of videos which are distinguished or characterized by their emphasis on matters explicitly depicting, ITEM 9.2. ATTACHMENT 2 Exhibit A to the Ordinance

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8-12 Folsom Boulevard Specific Plan
describing, or relating to specified sexual activities as defined in RCMC 23.919.060, and which, because of their sexually explicit nature, may, pursuant to state law or county regulatory authority, be offered only to persons over the age of 18.

Smoke Shop. An establishment selling smoking, drug, and/or traditional or electronic tobacco paraphernalia or devotes 15 percent or more of the total floor area to selling tobacco products.

Limited sales of tobacco products that commonly occur within convenience stores or service stations are not included in this definition.

Storage, Personal. A structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand.

Storage Yard. The storage of various materials outside of a structure other than fencing, either as an accessory use or a principal use.

Storage, Warehouse. A facility for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include warehouse, storage, or mini-storage facilities offered for rent or lease to the general public (see “Storage, personal storage facility”) or warehouse facilities in which the primary purpose of storage is for wholesaling and distribution (see “Wholesaling and distribution”).

Tasting Room, Off-site. A facility allowing beer, wine, or spirits tasting with on-site and offsite retail sales directly to the public (or shipped). The tasting room facility must be directly affiliated with a minimum of one brewery, winery, or distillery, meeting all applicable requirements of state and federal licensure. The tasting room may be operated as a stand-alone retail use. Food preparation is not permitted. Pre-packaged foods may be sold on premises. Patrons may carry food onsite for personal consumption.

Tasting rooms must comply with the retail hours of operation of 10:00 AM to 10:00 PM.

On-site tasting rooms are included as an accessory use in “Artisanal and Specialty Manufacture, Display and Sales” or “Brewery, Winery, Distillery”. Any facility not operating with these standards is considered “Bars and Nightclubs”.

Tattoo Parlor. Any establishment that engages in the business of tattooing and/or branding human beings.

Telecommunications Facility. Facility designed and/or used for the purpose of transmitting, receiving, or relaying voice and/or data signals from various wireless communication devices, including a transmission tower, antenna, and or other facility designed or used for that purpose.

Amateur radio transmission facilities, facilities operated exclusively as part of a public safety network, and facilities used exclusively for the transmission of television and/or radio broadcasts are not telecommunication facilities.

Theatres and Auditoriums. Indoor facilities for public assembly and group entertainment, other than sporting events (e.g., civic theaters, facilities for “live” theater and concerts, exhibition and ITEM 9.2. ATTACHMENT 2 Exhibit A to the Ordinance

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Folsom Boulevard Specific Plan 8-13
convention halls, motion picture theaters, auditoriums). Does not include outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events; see “Outdoor Commercial Recreation.”
Thrift Store. A retail establishment selling secondhand goods donated by members of the public.

Transit Stations and Terminals. Passenger stations for vehicular and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system. Includes buses, taxis, railway, etc.

Utility Facility and Infrastructure. This includes fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091: electrical substations and switching stations, natural gas regulating and distribution facilities, public water system wells, treatment plants and storage, telephone switching facilities, wastewater treatment plants, settling ponds and disposal fields. These uses do not include office or customer service centers (classified in “Offices”), or equipment and material storage yards.

Vehicle Services – Major. The repair, alteration, restoration, towing, painting, cleaning (e.g., attended car washes), or finishing of automobiles, trucks, recreational vehicles, boats, and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes major repair and body work-repair facilities dealing with entire vehicles; such establishments typically provide towing, collision repair, other body work, and painting services and may also include tire recapping establishments.

Vehicle Services – Minor. Minor facilities specializing in limited aspects of repair and maintenance (e.g., muffler and radiator shops, quick-lube, smog check, self-service car wash).

Does not include repair shops that are part of a vehicle dealership on the same site (see “Auto and Vehicle Sales”) or automobile dismantling yards, which are included under “Recycling Facility – Scrap and Dismantling.”
Veterinary Facility. A building that is primarily enclosed, containing only enough cage arrangements as necessary to provide veterinary services for domestic and exotic animals requiring acute medical or surgical care with accessory outdoor use that provides long-term medical care. Grooming and boarding of animals is allowed only if accessory to the facility use.

Wholesaling and Distribution. Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as agents, merchandise or commodity brokers, and commission merchants, assemblers, buyers and associations engaged in the cooperative marketing of farm products, merchant wholesalers, and stores primarily selling electrical, plumbing, and heating and air conditioning supplies and equipment.

ITEM 9.2. ATTACHMENT 2 Exhibit A to the Ordinance

MEMORANDUM
City Council Staff Report - Page 1 of 3

ITEM 9.3.

DATE: May 20, 2024
TO: Honorable Mayor and Council Members
FROM: Russell Ducharme, Neighborhood Services Manager
SUBJECT: SECOND READING OF AN ORDINANCE AMENDING TITLE 4, CHAPTER 4.54 REGULATIONS AND PROHIBITIONS, AND TITLE 9, CHAPTER 9.36 PARK REGULATIONS OF THE RANCHO CORDOVA

MUNICIPAL CODE REGARDING THE REGULATION OF SOCIAL

HOST FIREWORKS AND THE REGULATION OF ILLEGAL

FIREWORKS IN PARKS

RECOMMENDATION
Waive the second reading and adopt the Ordinance.

RESULT OF RECOMMENDED ACTION
Adoption of the Ordinance would amend Title 4, Chapter 4.54 Regulations and Prohibitions, and Title 9, Chapter 9.36 Park Regulations of the Rancho Cordova Municipal Code regarding the regulation of social host fireworks and the regulation of illegal fireworks in parks.

BACKGROUND
On May 6, 2024, the City Council waived the first reading and passed to a second reading of the Ordinance amending Title 4, Chapter 4.54 Regulations and Prohibitions, and Title 9, Chapter 9.36 Park Regulations of the Rancho Cordova Municipal Code Regarding the Regulation of Social Host Fireworks and the Regulation of Illegal Fireworks in Parks.

California-approved “Safe and Sane” fireworks are currently allowed in nearly 300 communities across the State, including all communities in Sacramento County. "Safe and Sane" fireworks emit noise, smoke, sparks, and flames, but they are not explosive, not aerially launched and are tested and approved by the Office of the State Fire Marshall. Fireworks sales and usage is currently limited to June 28 through July 4.

State law generally requires that a law enforcement officer personally observe the actual person discharging illegal fireworks prior to issuing a citation. Host liability shifts and broadens the focus of enforcement from the person actually engaging in a prohibited activity to include the person providing them with a place to commit the crime. Under the City’s host liability ordinance, “host” or “social host” means a person who permits or allows a gathering or person at their place of residence or other private property or any place under their control, specifically:

1. Is in charge of private property, including but not limited to, an owner, tenant, landlord, or

City Council Staff Report - Page 2 of 3

property manager of the property; or

2. Organizes, supervises, officiates, conducts, controls, or is otherwise in charge of the activity on the property.

The rationale behind the City’s social host ordinance is as follows. Typically, it is not difficult for enforcement officers to identify the specific location an aerial firework originates. The challenge lies in identifying the specific individual user or possessor of the firework. The “Social Host Liability” ordinance concept greatly simplifies this difficulty and allows an officer to focus on a particular person (or multiple persons) responsible for the property or event. In the City’s first two years after adoption, we had a significant increase in enforcing the use of illegal fireworks.

In addition, the City will continue to use non-enforcement methods to reduce illegal fireworks, including social media outreach to inform the public of its existence and potential penalties.

Host Liability:

The City of Rancho Cordova (the “City”) adopted Section 4.54.305 of the Rancho Cordova Municipal Code in 2021. Section 4.54.305 made it a misdemeanor for a person to host unlawful ignitions, explosions, discharges, uses, or displays, such as fireworks, on their property or at their social gathering. The County of Sacramento adopted Ordinance No. 1692 § 2 in 2022, which amended the Sacramento County Code to create social host liability for persons whose property or gathering involves the unlawful use of fireworks.

Staff periodically recommends to the City Council updates to the City’s fireworks regulations to ensure greater consistency between penalties within the City of Rancho Cordova and those adopted by other jurisdictions in the greater Sacramento area, to enhance fire safety, and to ensure the use of fireworks in the City is regulated appropriately.

Parks:

Section 9.36.059 of the Rancho Cordova Municipal Code prohibits the possession or ignition of any firecracker or fireworks in a park located within the City. Section 9.36.059 was last amended by Ordinance No. 38-2007 in 2007.

Staff recommends that the City update this section to provide for an administrative penalty for violation of this section.

The proposed amendments to the City’s Municipal Code would achieve the following:
• Limits the time that “Safe and Sane” "fireworks” can be possessed, used, or displayed within the hours of 12:00 noon on June 28, and ending at 9:00 p.m. on July 4. • Limits the time that “Safe and Sane” "fireworks" can be sold to 12:00 noon on June 28 and ending at 10:00 p.m. on July 4 of the same year.
• Allows a licensee’s spouse, parents, or adult children to operate a “Safe and Sane” fireworks stand to ensure consistency with the County’s Ordinance. • The City will be responsible for approving information on the safe use and disposal of stateapproved "Safe and Sane" fireworks that licensees are required to hand out after purchases. • Establish penalties for a second or third violation of the City's host liability fireworks Ordinance of $2,500 for the second violation within one year of the first violation; and $5,000 for each additional violation within one year of the first violation. • Create an administrative penalty for violations of Section 9.36.059 of $10,000.

City Council Staff Report - Page 3 of 3

FISCAL IMPACT AND FUNDING SOURCE
The fiscal impact of this Ordinance would be revenue for the City due to increased fines. The City would receive $10,000 for each violation occurring in any park located within the City; fines for second and third violations would increase by $1,500 and $4,000, respectively. This money would go into the City’s General Fund.

ATTACHMENT(S)

1. Ordinance

2. Track Changes

ITEM 9.3. ATTACHMENT 1
Ordinance No. XX-2024 Page 1 of 9

CITY OF RANCHO CORDOVA
ORDINANCE NO. XX-2024

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA AMENDING TITLE 4 (BUSINESS REGULATION), CHAPTER 4.54 REGULATIONS AND PROHIBITIONS AND TITLE 9 (PUBLIC PEACE, MORALS AND SAFETY), CHAPTER 9.36 PARK REGULATIONS
THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA DOES ORDAIN AS FOLLOWS:

Section 1. Purpose and Declarations.

WHEREAS, the City Council finds that California Health and Safety Code Section 12500 et seq. accords local governments an important role in regulating the sale and use of fireworks in the state; and
WHEREAS, “Safe and Sane” fireworks, as defined by Health and Safety Code Section 12529, are currently allowed in nearly 300 communities across the state, including all communities in Sacramento County; and
WHEREAS, fireworks sales and usage in the City of Rancho Cordova is currently limited to June 28th through July 4th; and
WHEREAS, state law generally requires that a law enforcement officer personally observe the actual person discharging illegal fireworks prior to issuing a citation; and WHEREAS, the City of Rancho Cordova has adopted a “Host Liability” ordinance which shifts and broadens the focus of fireworks enforcement from the person actually engaging in a prohibited activity to include the person providing them a place to commit the crime; and WHEREAS, the Rancho Cordova Municipal Code defines a “host” or “social host” as a person who is in charge of private property, including but not limited to, an owner, tenant, landlord, or property manager of the property, or a person who organizes, supervises, officiates, conducts, controls, or is otherwise in charge of the activity on the property; and WHEREAS, under the Rancho Cordova Municipal Code’s “Host Liability” ordinance such a host can be held strictly liable for any unlawful ignition, explosion, discharge, use, or display of any fireworks in violation of this section on their property or at their gathering; and WHEREAS, a violation of the “Host Liability” ordinance is punishable by a fine not exceeding $1,000 or imprisonment in the county jail for not more than six months, or both; and WHEREAS, the County of Sacramento has enhanced scope of host liability to discharges of fireworks in a public right of way adjacent to a property the host owns or controls, is enhancing penalties for second and third violations of its Host Liability Ordinance and has set additional administrative fines for discharges of fireworks in parks located in unincorporated areas of the County.

Section 2. Findings. This Ordinance is adopted pursuant to the following findings:

ITEM 9.3. ATTACHMENT 1
Ordinance No. XX-2024 Page 2 of 9
A. CEQA Compliance. CEQA requires analysis of agency approvals of discretionary “projects.” A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” (CEQA Guidelines, § 15378.) As reflected in State CEQA Guideline 15061 (b) (3), an activity is not subject to CEQA, “[where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment…” The proposed amendments are not a “project” within the meaning of CEQA because the amendments seek to provide clarification of uses, standards and/or enforcement procedures, address inconsistencies or delete text that is no longer necessary. Because no expansion of uses or activities is reasonably anticipated, no possibility exists that the ordinance will result in a significant effect on the environment. Thus, the proposed ordinance is not subject to the requirements of CEQA. However, in the event that adoption of the ordinance is considered a CEQA project, it would nonetheless qualify for categorical exemptions as set forth below.

CEQA Guidelines Section 15061(b)(3) states that a project is exempt from CEQA “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The approval of the code amendments set forth in the proposed ordinance does not approve any physical development and it would not result in a direct or indirect physical changes in the environment. For these reasons, the proposed amendments would not have the potential to result in individually or cumulatively significant effects on the environment and these Municipal Code amendments are exempt from review under CEQA and no further environmental review is necessary.

Section 3. Amendments to Title 4 Business Regulations
Section 4.54.300 (“GENERAL PROHIBITION AGAINST POSSESSION, SALE OR USE OF FIREWORKS”) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal Code is hereby amended to read as follows:

Except as otherwise provided in this article, no person shall possess, sell, use, display or explode any rocket, firecracker, Roman candle, squib, torpedo, torpedo cane, fire balloon, wire core sparkler, wooden core sparkler, black cartridge or other combustible device or explosive substance or any kind of fireworks, by whatsoever name known, within the city. These items, as well as any “Safe and Sane fireworks” possessed, sold, used, or displayed outside of the authorized time period identified in Chapter 4.54.320 of this Article, are prohibited. For the purposes of this Article, “Fireworks” has the same meaning as in California Health and Safety Code section 12511.

Section 4.54.305 (“HOST LIABILITY”) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal Code is hereby amended to read as follows:

A. The term “host” in this section shall mean the person who:

1. Is in charge of private property, including but not limited to, an owner, tenant, landlord, or property manager of the property; or

ITEM 9.3. ATTACHMENT 1
Ordinance No. XX-2024 Page 3 of 9

2. Organizes, supervises, officiates, conducts, controls, or is otherwise in charge of the activity on the property.

B. The term “strictly liable” in this section shall mean liability for a wrongful act regardless of a person’s intent, knowledge, negligence, or lack thereof in committing the wrongful act.

C. Any host shall be strictly liable for any unlawful ignition, explosion, discharge, use, or display of any fireworks in violation of this section on their property or at their gathering, except that no person who has the right to use, possess, or occupy a unit in a multifamily residential property under a lease, rental agreement, or contract shall be liable for a violation of this section occurring in the common area of the property or in an adjacent public right-of-way in an unauthorized or dangerous manner, unless the person hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering at which the violation occurs.

D. Any person having the care, custody, or control of a minor shall be strictly liable for any unlawful ignition, explosion, discharge, use, or display of fireworks by the minor in violation of this section.

E. Except as provided in subsection (F) of this section, no host shall permit or allow another person on private property or at a gathering on public property, where the host knows or reasonably should know that the person is engaged in a violation of this section.

F. The provisions of this section shall not apply to:

1. Conduct involving display, use, or discharge of fireworks as permitted under federal or state law;

2. A host who initiates contact with law enforcement or fire officials to assist in removing any person from the property or terminating the activity in order to comply with this section, if the request for assistance is made before any other person contacts law enforcement or fire officials to complain about the violation of this section;

3. No host shall aid or abet another person’s violation of a provision of this section in a public right-of-way adjacent to the host’s private property. A host aids and abets another person’s violation of a provision of this section if he or she knows of the other person’s unlawful purpose and the host specifically intends to, and does, in fact, aid, facilitate, promote, encourage, or instigate the other person’s commission of that violation.

G. A violation of this section shall be charged as a misdemeanor punishable by a fine or imprisonment in the county jail for not more than six months, or both. In addition to any other remedy allowed by law, any host who violates this section is subject to all remedies available pursuant to RCMC 1.01.190. Violations of this section are declared to be a public nuisance. Any host who violates this section is liable for all the response costs relating to the violation. Any fines pursuant to this section, if delinquent, may be recoverable by property lien or special assessment pursuant to RCMC 1.01.200.

A violation of this section is subject to an administrative fine as follows

1. $1,000 for first violation;

2. $2,500 for second violation within one year of the first violation;

3. $5,000 for each additional violation within one year of the first violation

4. $10,000 for each violation which occurs on school properties

ITEM 9.3. ATTACHMENT 1
Ordinance No. XX-2024 Page 4 of 9
H. Unless otherwise noted, the provisions of Chapter 16.18, Article XIV RCMC shall also apply to this section.

Section 4.54.320 (“EXCEPTION- ‘SAFE AND SANE FIREWORKS’”) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal Code is hereby amended to read as follows:
a. “Safe and Sane fireworks” has the same meaning as in California Health and Safety Code section 12529.
b. It shall not be unlawful to possess, use, display or discharge within the city those fireworks as are defined and classified as “Safe and Sane fireworks” in Part 2 (commencing with Section 12500) of Division 11 of the California Health and Safety Code during that time period beginning at 12:00 noon on June 28th and ending at 10.00 p.m. on July 4th of the same year.

However, during this time period, use, display or discharge of “Safe and Sane fireworks” is prohibited from the hours of 10:00 p.m. through 9:00 a.m. c. It shall not be unlawful to sell “Safe and Sane fireworks” within the city during the time period beginning at 12:00 noon on June 28 and ending at 9:00 p.m. on July 4 of the same year.

Section 4.54.340 (“WHOLESALE STORAGE OF FIREWORKS”) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal Code is hereby amended to read as follows:

The wholesale storage of fireworks shall be unlawful in the city without valid permits for such storage from the fire district and the city’s building department. Any such storage is limited to the period from June 1st through July 14th of each year.

Section 4.54.350 (“LICENSE RESTRICTED”) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal Code is hereby amended to read as follows:

A. No city business license authorizing the sale of “Safe and Sane fireworks” shall be issued to any person, firm, corporation, organization or group other than:

1. A nonprofit organization or group organized primarily for civic betterment and/or charitable purposes having status as a Section 501(c) organization under the Internal Revenue Code and as a Section 23701(d) organization under the Revenue and Taxation Code of the state of California; provided, that the organization or group satisfies the following criteria:
a. It has its principal and permanent meeting place in the city of Rancho Cordova or its adopted planning area;
b. It has been organized and established in the city of Rancho Cordova or its adopted planning area for a continuous period of at least one year immediately preceding the application for a permit; and
c. It has a bona fide membership of at least 20 members.

The city reserves the right to require the applicant to submit a roster based on complaints or allegations of noncompliance with city policy; or

ITEM 9.3. ATTACHMENT 1
Ordinance No. XX-2024 Page 5 of 9

2. An organization affiliated with and officially recognized by an elementary, junior high and/or high school and/or school district and/or school district that services in whole or in part the residents of Rancho Cordova or a religious nonprofit elementary, junior high and/or high school located within the planning area of Rancho Cordova.

B. No organization shall submit more than two applications for licenses to sell fireworks within the city. Submittal of more than two such applications shall be grounds for denial of all applications.

C. City business licenses authorizing the sale of “Safe and Sane fireworks” shall not be transferable to another organization.

D. Transfer of temporary stands from the location for which the license was initially issued may be made; provided, that the application is made to the city’s director of finance (“finance director”) on or before June 1st; provided further, that any such location change has been approved in writing by the fire chief, the chief of police, and the city’s chief building official, and otherwise complies with all provisions of this article regulating the location of temporary fireworks stands.

4.54.380 (“OPERATION OF STAND”) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal Code is hereby amended to read:

A. All organizations must obtain a fireworks retail license issued by the State Fire Marshal under Section 12574 of the Health and Safety Code of the state of California.

B. No person shall sell fireworks to any person under the age of 18. Proof that the fireworks stand operator/organization demanded, was shown and acted in reliance upon bona fide evidence of age and identity in any sale of fireworks forbidden by this article shall be a defense for any proceedings for suspension or revocation of its permit or any criminal proceedings for violations of this article. For purposes of this section, bona fide evidence of age and identity of purchaser is a document issued by a federal, state, county or municipal government that contains a photograph of the purchaser including, but not limited to, a valid California driver’s license or identification card issued to a member of the Armed Forces.

C. Sale of fireworks shall begin no earlier than 12:00 noon on June 28th and shall not continue after 9:00 p.m. on July 4th of the same year. Sale of fireworks shall be permitted only from 9:00 a.m. to 10:00 p.m. daily.

D. No person other than the licensee organization or the spouses, parents or adult children of such members shall operate the stand for which the license is issued.

E. No person under the age of 18 shall sell or participate in the sale of fireworks.

F. Merchandise shall be displayed in such a manner that it cannot be handled by patrons reaching over the selling counter or through other openings in the stand. A suitable shelf or counter may be required in order to comply with this requirement so that patrons will not be able to reach merchandise over the top of the counter.

G. The business license to sell fireworks issued by the city and the retail license issued by the State Fire Marshal must be prominently displayed inside the booth at all times.

ITEM 9.3. ATTACHMENT 1
Ordinance No. XX-2024 Page 6 of 9
H. No person shall be paid any consideration by the licensee or any wholesale distributor of “Safe and Sane fireworks” for selling or otherwise participating in the sale of fireworks at such stand; provided, however, that compensation may be paid for security personnel during nonsale hours and to the party authorizing location of the stand on its property.

I. At the time of purchase, each customer shall be given city-approved information on the safe use and disposal of state-approved, safe, and sane fireworks.

J. Fireworks stands shall be removed from the temporary locations by noon on July 18th, and all accompanying litter shall be cleared from such locations by that date and time.

Section 4.54.390 (“TEMPORARY FIREWORKS STAND”) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal code is hereby amended to read as follows:

All retail sales of “Safe and Sane fireworks” shall be permitted only from within temporary fireworks stand, and the sale from any other building or structure is hereby prohibited.

Temporary stands shall be subject to the following provisions:

A. No fireworks stand shall be located within 25 feet of any other building or within 100 feet of any gasoline pump or distribution point.

B. Fireworks stands need not comply with the provisions of the building code of the city; provided, however, that stands that need any electrical installations shall apply for all necessary permits and comply with all applicable codes and shall be subject to inspection and approval by the chief building official, or his or her designee.

C. No stand shall have a floor area in excess of 750 square feet.

D. Each stand shall have at least two exits. Each stand in excess of 40 feet in length shall have at least three exits spaced approximately equidistant apart; provided, however, that in no case shall the distance between exits exceed 20 feet. Exit doors shall be not less than 24 inches wide and six feet and two inches in height and shall swing in the direction of exit travel. No supplies or other materials shall be stored in front of exit doors. All exit doors shall remain unlocked whenever the stand is occupied.

E. The aisle or passageway in the fireworks stand must be kept clear and unobstructed so as not to impede anyone leaving the stand in an emergency.

F. Each stand shall be equipped with a minimum of two two-and-one-half-gallon water-type (minimum rating 2A) fire extinguishers in good working order and easily accessible for use in case of fire.

G. Fireworks stands shall be located on property zoned SC, LC, GC, AC, TC, M-1 or M-2 or in any other zoning classification if the fire chief certifies in writing to the finance director or his or her designee that the operation of a fireworks location in such other zoning classification will not endanger the health and safety of the community or create a fire hazard to surrounding properties.

Section 4.54.400 (“GENERAL REQUIREMENTS FOR LICENSEES) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal Code shall be amended to read as follows:

ITEM 9.3. ATTACHMENT 1
Ordinance No. XX-2024 Page 7 of 9
A. Stands shall not be located closer than 600 feet apart, unless separated by a principal arterial roadway.

B. All weeds and combustible material shall be cleared from the location of the stand to a distance of at least 25 feet surrounding the stand.

C. “No Smoking” signs shall be prominently displayed on and in the fireworks stand.

D. Each stand must have at least one adult watchman in attendance and in charge thereof when the stand is being used for sale, dispensing or storage of fireworks. At the close of sale each night, fireworks may be either:

1. Returned to the wholesaler’s warehouse, or approved wholesaler’s storage sites;

2. Stored on site with an adult watchperson on site; or

3. Stored in a locked, heavy metal, fully enclosed container, similar to a walk-in drop container approved by the fire department.

E. All unsold stock of fireworks in the hands of the retailer after 9:00 p.m. on July 4th shall be returned to the distributor or wholesaler and removed from the city within 10 days. On closing of stands, all litter shall be removed from the premises.

F. No fuel-powered generator or similar equipment shall be allowed within 50 feet of a fireworks stand.

G. No vehicles shall be parked within 25 feet of the fireworks stand unless loading or unloading fireworks.

H. No flammable liquids are permitted within 50 feet of the fireworks stand.

I. Signs shall be posted that:

1. Illustrate that dangerous fireworks as defined in Health and Safety Code section 12505 are prohibited in Rancho Cordova, that violators will be cited, what the citation fines are and that this will be strictly enforced; and

2. List (to the public) places within Rancho Cordova where fireworks are allowed to be used, as well as places where fireworks are not allowed to be used, if any.

J. Handout material shall be issued with each sale that describes proper use and disposal of “Safe and Sane fireworks” and general safety practices to be followed when handling fireworks.

Failure to issue the educational material may result in the revocation of the permit and immediate closure of the stand.

Section 4.54.420 (“REVOCATION OF LICENSE- APPEAL) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal Code shall be amended to read:

A. The finance director may revoke, immediately and without notice or hearing, the license of any licensee who violates the provisions of RCMC 4.54.360(E), 4.54.380(A), (B), (C) or (F), or

4.54.400(D). If the revocation occurs between June 22nd and July 4th the finance director shall

ITEM 9.3. ATTACHMENT 1
Ordinance No. XX-2024 Page 8 of 9
inform the licensee that the licensee may seek review of the finance director’s decision by the city manager, or the city manager’s designee, on the next business day. At the earliest opportunity on the next business day after the revocation, the finance director shall provide the city manager with written notice that a fireworks business license has been revoked, including the name of the licensee and a brief statement of the grounds for revocation. If requested by the licensee, the city manager, or the city manager’s designee, shall meet with the licensee and the finance director on that day to review the finance director’s decision. The decision of the city manager or his designee shall be final. If the revocation occurs before or after the specified period, the appeal procedures of subsection (B) of this section shall apply.

B. The finance director, or the finance director’s designee, may revoke the license of any licensee who violates any provision of this article not specified in subsection (A) of this section.

Such revocation shall not take effect for five days, during which time the licensee may seek review of the finance director’s decision by submitting a written request for review to the city manager. The finance director shall provide the city manager with written notice that a fireworks license has been revoked, including the name of the licensee and a brief statement of the grounds for revocation. The city manager, or the city manager’s designee, shall meet with the licensee and the finance director to review the finance director’s decision. The decision of the city manager or his designee shall be final.

C. Any licensee whose permit has been revoked pursuant to subsection (A) or (B) of this section shall be barred from receiving a license under this article for five years from the date of revocation.

Section 4. Amendments to Title 9 Public Peace, Morals and Safety Section 9.36.059 (“FIREWORKS”) of Title 9, Chapter 9.36 of the Rancho Cordova Municipal Code is hereby amended to read as follows:

No person shall possess or ignite in any manner any firecracker or fireworks, including any article for the making of a pyrotechnic display. Nothing contained in this section, however, shall prohibit any discharge or display of fireworks defined and classified as “Safe and Sane” fireworks in Section 12529 of the California Health and Safety Code at any public gathering or patriotic celebration provided a permit for such discharge or display has been obtained from the director. A violation of this chapter is subject to an administrative penalty of $10,000.” Section 5. Severability
If any provision of this Ordinance or the application thereof to any person or circumstance, is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid or unenforceable.

Section 6. Effective Date
Within fifteen (15) days after adoption, a Summary of this Ordinance shall be published once in the Grapevine Independent, or the Sacramento Bee, a newspaper of general circulation printed

ITEM 9.3. ATTACHMENT 1
Ordinance No. XX-2024 Page 9 of 9
and published in Sacramento County and circulated in the City of Rancho Cordova, in accordance with Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its inception.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 20th day of May 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________
David Sander, Mayor
ATTEST:
_________________________
Stacy Leitner, CMC
City Clerk

ITEM 9.3. ATTACHMENT 2
Section 1.

Section 4.54.300 (“GENERAL PROHIBITION AGAINST POSSESSION, SALE OR USE OF FIREWORKS”) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal Code is hereby amended to read as follows:

Except as otherwise provided in this article, no person shall possess, sell, use, display or explode any rocket, firecracker, Roman candle, squib, torpedo, torpedo cane, fire balloon, wire core sparkler, wooden core sparkler, black cartridge or other combustible device or explosive substance or any kind of fireworks, by whatsoever name known, within the city. These items, as well as any “safe and sane fireworks” possessed, sold, used, or displayed outside of the authorized time period identified in Chapter 4.54.320 of this Article, are prohibited. For the purposes of this Article, “Fireworks” has the same meaning as in California Health and Safety Code section 12511.

Section 4.54.305 (“HOST LIABILITY”) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal Code is hereby amended to read as follows:

A. The term “host” in this section shall mean the person who:

1. Is in charge of private property, including but not limited to, an owner, tenant, landlord, or property manager of the property; or

2. Organizes, supervises, officiates, conducts, controls, or is otherwise in charge of the activity on the property.

B. The term “strictly liable” in this section shall mean liability for a wrongful act regardless of a person’s intent, knowledge, negligence, or lack thereof in committing the wrongful act.

C. Any host shall be strictly liable for any unlawful ignition, explosion, discharge, use, or display of any fireworks in violation of this section on their property or at their gathering, except that no person who has the right to use, possess, or occupy a unit in a multifamily residential property under a lease, rental agreement, or contract shall be liable for a violation of this section occurring in the common area of the property or in an adjacent public right-of-way, unless the person hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering at which the violation occurs.

D. Any person having the care, custody, or control of a minor shall be strictly liable for any unlawful ignition, explosion, discharge, use, or display of fireworks by the minor in violation of this section.

ITEM 9.3. ATTACHMENT 2
E. Except as provided in subsection (F) of this section, no host shall permit or allow another person on private property or at a gathering on public property, where the host knows or reasonably should know that the person is engaged in a violation of this section.

F. The provisions of this section shall not apply to:

1. Conduct involving display, use, or discharge of fireworks as permitted under federal or state law;

2. A host who initiates contact with law enforcement or fire officials to assist in removing any person for from the property or terminating the activity in order to comply with this section, if the request for assistance is made before any other person contacts law enforcement or fire officials to complain about the violation of this section;

3. No host shall aid or abet another person’s violation of a provision of this section in a public right-of-way adjacent to the host’s private property. A host aids and abets another person’s violation of a provision of this section if he or she knows of the other person’s unlawful purpose and the host specifically intends to, and does, in fact, aid, facilitate, promote, encourage, or instigate the other person’s commission of that violation.

G. A violation of this section shall be charged as a misdemeanor punishable by a fine not exceeding $1,000 or imprisonment in the county jail for not more than six months, or both. In addition to any other remedy allowed by law, any host who violates this section is subject to all remedies available pursuant to RCMC 1.01.190. Violations of this section are declared to be a public nuisance. Any host who violates this section is liable for all the response costs relating to the violation. Any fines pursuant to this section, if delinquent, may be recoverable by property lien or special assessment pursuant to RCMC 1.01.200.

A violation of this section is subject to an administrative fine as follows

1. $1,000 for first violation;

2. $2,500 for second violation within one year of the first violation;

3. $5,000 for each additional violation within one year of the first violation

4. $10,000 for each violation which occurs on school properties H. Unless otherwise noted, the provisions of Chapter 16.18, Article XIV RCMC shall also apply to this section.

Section 4.54.320 (“EXCEPTION- ‘SAFE AND SANE FIREWORKS’”) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal Code is hereby amended to read as follows:

ITEM 9.3. ATTACHMENT 2
a. “Safe and sane fireworks” has the same meaning as in California Health and Safety Code section 12529.
b. It shall not be unlawful to possess, sell, use, display or discharge within the city those fireworks as are defined and classified as “safe and sane fireworks” in Part 2 (commencing with Section 12500) of Division 11 of the California Health and Safety Code during that time period beginning at 12:00 noon on June 28th and ending at 10.00 p.m. on July 4th of the same year.

However, during this time period, use, display or discharge of “safe and sane fireworks” is prohibited from the hours of 10:00 p.m. through 9:00 a.m. c. It shall not be unlawful to sell “safe and sane fireworks” within the city during the time period beginning at 12:00 noon on June 28 and ending at 9:00 p.m. on July 4 of the same year.

Section 4.54.340 (“WHOLESALE STORAGE OF FIREWORKS”) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal Code is hereby amended to read as follows:

The wholesale storage of fireworks shall be unlawful in the city without valid permits for such storage from the fire district and the city’s building department. Any such storage is limited to the period from June 1st through July 15th 14th of each year.

Section 4.54.350 (“LICENSE RESTRICTED”) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal Code is hereby amended to read as follows:

A. No city business license authorizing the sale of “safe and sane fireworks” shall be issued to any person, firm, corporation, organization or group other than:

1. A nonprofit organization or group organized primarily for civic betterment and/or charitable purposes having status as a Section 501(c) organization under the Internal Revenue Code and as a Section 23701(d) organization under the Revenue and Taxation Code of the state of California; provided, that the organization or group satisfies the following criteria:
a. It has its principal and permanent meeting place in the city of Rancho Cordova or its adopted planning area;
b. It has been organized and established in the city of Rancho Cordova or its adopted planning area for a continuous period of at least one year immediately proceeding preceding the application for a permit; and
c. It has a bona fide membership of at least 20 members.

ITEM 9.3. ATTACHMENT 2
The city reserves the right to require the applicant to submit a roster based on complaints or allegations of noncompliance with city policy; or

2. An organization affiliated with and officially recognized by an elementary, junior high and/or high school and/or school district and/or school district that services in whole or in part the residents of Rancho Cordova or a religious nonprofit elementary, junior high and/or high school located within the planning area of Rancho Cordova.

B. No organization shall submit more than two applications for licenses to sell fireworks within the city. Submittal of more than two such applications shall be grounds for denial of all applications.

C. City business licenses authorizing the sale of “safe and sane fireworks” shall not be transferable to another organization.

D. Transfer of temporary stands from the location for which the license was initially issued may be made; provided, that the application is made to the city’s director of finance (“finance director”) on or before June 1st; provided further, that any such location change has been approved in writing by the fire chief, the chief of police, and the city’s chief building official, and otherwise complies with all provisions of this article regulating the location of temporary fireworks stands.

4.54.380 (“OPERATION OF STAND”) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal Code is hereby amended to read:

A. All organizations must obtain a fireworks retail license issued by the State Fire Marshal under Section 12574 of the Health and Safety Code of the state of California.

B. No person shall sell fireworks to any person under the age of 18. Proof that the fireworks stand operator/organization demanded, was shown and acted in reliance upon bona fide evidence of age and identity in any sale of fireworks forbidden by this article shall be a defense for any proceedings for suspension or revocation of its permit or any criminal proceedings for violations of this article. For purposes of this section, bona fide evidence of age and identity of purchaser is a document issued by a federal, state, county or municipal government that contains a photograph of the purchaser including, but not limited to, a valid California driver’s license or identification card issued to a member of the Armed Forces.

C. Sale of fireworks shall begin no earlier than 12:00 noon on June 28th and shall not continue after 10:00 9:00 p.m. on July 4th of the same year. Sale of fireworks shall be permitted only from 9:00 a.m. to 10:00 p.m. daily.

D. No person other than the licensee organization or the spouses, parents or adult children of such members shall operate the stand for which the license is issued.

ITEM 9.3. ATTACHMENT 2
E. No person under the age of 18 shall sell or participate in the sale of fireworks.

F. Merchandise shall be displayed in such a manner that it cannot be handled by patrons reaching over the selling counter or through other openings in the stand. A suitable shelf or counter may be required in order to comply with this requirement so that patrons will not be able to reach merchandise over the top of the counter.

G. The business license to sell fireworks issued by the city and the retail license issued by the State Fire Marshal must be prominently displayed inside the booth at all times.

H. No person shall be paid any consideration by the licensee or any wholesale distributor of “safe and sane fireworks” for selling or otherwise participating in the sale of fireworks at such stand; provided, however, that compensation may be paid for security personnel during non-sale hours and to the party authorizing location of the stand on its property.

I. At the time of purchase, each customer shall be given city-approved information on the safe use and disposal of state-approved, safe, and sane fireworks.

I. J. Fireworks stands shall be removed from the temporary locations by noon on July 18th, and all accompanying litter shall be cleared from such locations by that date and time.

Section 4.54.390 (“TEMPORARY FIREWORKS STAND”) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal code is hereby amended to read as follows:

All retail sales of “safe and sane fireworks” shall be permitted only from within a temporary fireworks stand, and the sale from any other building or structure is hereby prohibited.

Temporary stands shall be subject to the following provisions:

A. No fireworks stand shall be located within 25 feet of any other building or within 100 feet of any gasoline pump or distribution point.

B. Fireworks stands need not comply with the provisions of the building code of the city; provided, however, that stands that need any electrical installations shall apply for all necessary permits and comply with all applicable codes and shall be subject to inspection and approval by the chief building official, or his or her designee.

C. No stand shall have a floor area in excess of 750 square feet.

D. Each stand shall have at least two exits. Each stand in excess of 40 feet in length shall have at least three exits spaced approximately equidistant apart; provided, however, that in no case shall the distance between exits exceed 20 feet. Exit doors shall be not less than 24 inches wide and six feet and two inches in height and shall swing in the direction of exit travel. No supplies or other materials shall be stored in front of exit doors. All exit doors shall remain unlocked whenever the stand is occupied.

ITEM 9.3. ATTACHMENT 2
E. The aisle or passageway in the fireworks stand must be kept clear and unobstructed so as not to impede anyone leaving the stand in an emergency.

F. Each stand shall be provided equipped with a minimum of two two-and-one-half-gallon watertype (minimum rating 2A) fire extinguishers in good working order and easily accessible for use in case of fire.

G. Fireworks stands shall be located on property zoned SC, LC, GC, AC, TC, M-1 or M-2 or in any other zoning classification if the fire chief certifies in writing to the finance director or his or her designee that the operation of a fireworks location in such other zoning classification will not endanger the health and safety of the community or create a fire hazard to surrounding properties.

Section 4.54.400 (“GENERAL REQUIREMENTS FOR LICENSEES) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal Code shall be amended to read as follows:

A. Stands shall not be located closer than 600 feet apart, unless separated by a principal arterial roadway.

B. All weeds and combustible material shall be cleared from the location of the stand to a distance of at least 25 feet surrounding the stand.

C. “No Smoking” signs shall be prominently displayed on and in the fireworks stand.

D. Each stand must have an at least one adult watchman in attendance and in charge thereof when the stand is being used for sale, dispensing or storage of fireworks. At the close of sale each night, fireworks may be either:

1. Returned to the wholesaler’s warehouse, or approved wholesaler’s storage sites;

2. Stored on site with an adult watchperson on site; or

3. Stored in a locked, heavy metal, fully enclosed container, similar to a walk-in drop container approved by the fire department.

E. All unsold stock of fireworks in the hands of the retailer after 10:00 9:00 p.m. on July 4th shall be returned to the distributor or wholesaler and removed from the city within 10 days. On closing of stands, all litter shall be removed from the premises.

F. No fuel-powered generator or similar equipment shall be allowed within 50 feet of a fireworks stand.

ITEM 9.3. ATTACHMENT 2
G. No vehicles shall be parked within 25 feet of the fireworks stand unless loading or unloading fireworks.

H. No flammable liquids are permitted within 50 feet of the fireworks stand.

I. Signs shall be posted that:

1. Illustrate that illegal dangerous fireworks as defined in Health and Safety Code section 12505 are prohibited in Rancho Cordova, that violators will be cited, what the citation fines are and that this will be strictly enforced; and

2. List (to the public) places within Rancho Cordova where fireworks are allowed to be used, as well as places where fireworks are not allowed to be used, if any.

J. Handout material shall be issued with each sale that describes proper use and disposal of “safe and sane fireworks” and general safety practices to be followed when handling fireworks. Failure to issue the educational material may result in the revocation of the permit and immediate closure of the stand.

Section 4.54.420 (“REVOCATION OF LICENSE- APPEAL) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal Code shall be amended to read:

A. The finance director may revoke, immediately and without notice or hearing, the license of any licensee who violates the provisions of RCMC 4.54.360(E), 4.54.380(A), (B), (C) or (F), or

4.54.400(D). If the revocation occurs between June 22nd and July 5th 4th the finance director shall inform the licensee that the licensee may seek review of the finance director’s decision by the city manager, or the city manager’s designee, on the next business day. At the earliest opportunity on the next business day after the revocation, the finance director shall provide the city manager with written notice that a fireworks business license has been revoked, including the name of the licensee and a brief statement of the grounds for revocation. If requested by the licensee, the city manager, or the city manager’s designee, shall meet with the licensee and the finance director on that day to review the finance director’s decision. The decision of the city manager or his designee shall be final. If the revocation occurs before or after the specified period, the appeal procedures of subsection (B) of this section shall apply.

B. The finance director, or the finance director’s designee, may revoke the license of any licensee who violates any provision of this article not specified in subsection (A) of this section.

Such revocation shall not take effect for five days, during which time the licensee may seek review of the finance director’s decision by submitting a written request for review to the city manager. The finance director shall provide the city manager with written notice that a fireworks license has been revoked, including the name of the licensee and a brief statement of the grounds for revocation. The city manager, or the city manager’s designee, shall meet with the licensee and the finance director to review the finance director’s decision. The decision of the city manager or his designee shall be final.

ITEM 9.3. ATTACHMENT 2
C. Any licensee whose permit has been revoked pursuant to subsection (A) or (B) of this section shall be barred from receiving a license under this article for five years from the date of revocation.

Section 2
Section 9.36.059 (“FIREWORKS”) of Title 9, Chapter 9.36 of the Rancho Cordova Municipal Code is hereby amended to read as follows:

No person shall possess or ignite in any manner any firecracker or fireworks, including any article for the making of a pyrotechnic display. Nothing contained in this section, however, shall prohibit any discharge or display of fireworks defined and classified as safe and sane fireworks in Section 12529 of the California Health and Safety Code at any public gathering or patriotic celebration provided a permit for such discharge or display has been obtained from the director. A violation of this chapter is subject to an administrative penalty of $10,000.”

MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 9.4.

DATE: May 20, 2024
TO: Honorable Mayor and Council Members
FROM:

Albert Stricker, Public Works Director
Margarita Dronov, Associate Civil Engineer
Dalia Fadl, Principal Engineer
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2024-50 IN AN AMOUNT NOT TO EXCEED
$2,250,000 WITH COASTLINE WATER RESOURCES FOR STORM
DRAIN MAINTENANCE SERVICES THROUGH JUNE 30, 2029

RECOMMENDATION
Adopt the Resolution.

RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute Contract No. 2024-50 with Coastline Water Resources in an amount not to exceed $2,250,000 for the provision of storm drain maintenance services through June 30, 2029.

BACKGROUND
The work conducted under this contract includes cleaning, inspecting, and repairing structures within the City’s storm drain system including pipes, inlets, manholes, culverts, outfalls, pump station wet wells, and all other facilities. This will be a five-year contract starting July 1, 2024, and expiring on June 30, 2029.

Proposals were solicited on OpenGov, the City’s website, and CIPList.com on March 5, 2024. A non-mandatory pre-proposal meeting was held on March 14, 2024. Two proposals were received on April 2, 2024. The submitted proposals were reviewed and determined to be complete and competitive. Of the two proposals, the evaluation committee determined Coastline Water Resources to have the best combination of experience and understanding of the City’s desired level of service. Coastline Water Resources currently performs storm drain maintenance services under contract to the City and has an excellent performance record.

FISCAL IMPACT AND FUNDING SOURCE
Funding for the contract will be from the City’s Stormwater Utility Fee. There is no impact to the City's General Fund.

ATTACHMENT(S)

1. Resolution

City Council Staff Report - Page 2 of 2

2. Contract No. 2024-50

ITEM 9.4. ATTACHMENT 1
Resolution No. XX-2024 Page 1 of 1

CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2024-50 IN AN AMOUNT NOT TO EXCEED $2,250,000 WITH COASTLINE WATER RESOURCES FOR STORM DRAIN MAINTENANCE SERVICES THROUGH JUNE 30, 2029 WHEREAS, the City solicited proposals for storm drain maintenance services under the requirements of state law and accepted proposals on April 2, 2024; and WHEREAS, the City received two proposals, and Coastline Water Resources was found to be the most qualified contractor; and
WHEREAS, adoption of this Resolution will allow the City Manager to execute a five-year contract through June 30, 2029 with Coastline Water Resources in an amount not to exceed $2,250,000; and
WHEREAS, the scope of work includes cleaning, inspecting, and repairing structures within the City’s storm drain system including pipes, inlets, manholes, culverts, outfalls, pump station wet wells, and all other facilities; and
WHEREAS, the contract will be funded through the City’s Stormwater Utility Fee; and WHEREAS, the amount exceeds the maximum the City Manager has authorization to approve.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract No. 2024-50 in an amount not to exceed $2,250,000 with Coastline Water Resources in a form approved by the City Attorney.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 20th day of May 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

David Sander, Mayor
Stacy Leitner, CMC
City Clerk

CONTRACT NO.: 2024-50
General Services Agreement between May 20, 2024
City of Rancho Cordova and Coastline Water Resources Page 1 of 5

GENERAL SERVICES AGREEMENT BETWEEN
THE CITY OF RANCHO CORDOVA AND COASTLINE WATER RESOURCES (Contractor) THIS AGREEMENT (hereinafter referred to as ìAgreementî) is made by and between the City of Rancho Cordova, a California municipal corporation, (herein ìCityî) and Coastline Water Resources, (herein ìContractorî), as of July 1, 2024.

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached as Exhibit A (ìServicesî) at the time and place and in the manner as specified therein. In the event of a conflict or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

Section 2. TERM. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2029, unless the term of this Agreement is otherwise terminated as provided for in Section 10.

The time provided to Contractor to complete the services required by this Agreement shall not affect the Cityís right to terminate the Agreement, as provided for in Section 10.

Section 3. CONTRACT ADMINISTRATOR. This Agreement shall be administered by Dalia Fadl ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

Section 4. COMPENSATION OF CONTRACTOR. The Contractor shall be paid TWO MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS ($2,250,000) for performance of the Services pursuant to this Agreement. The Contractor shall submit invoices to the City Finance Director on a monthly basis detailing the Services performed. In the event of a conflict between this Agreement and Contractorís Exhibit A regarding the amount of compensation, the Agreement shall prevail. Upon receipt and approval of the Contractorís invoices, the City shall remit payment to the Contractor for Services provided within thirty (30) days. Payment to Contractor shall be considered as full compensation for performing the Services.

Cityís failure to discover or object to any unsatisfactory work or billing prior to payment will not constitute a waiver of Cityís right to request Contractor to correct such work or billings or seek any other legal remedy.

Section 5. PERFORMANCE STANDARDS.

A. Contractor shall comply with all applicable laws now in force or which may hereafter be in force with regard to the provision of Services and this Agreement.

B. Contractor represents that it has the skills, expertise, licenses and permits necessary to perform the Services. Contractor shall perform all such Services in the manner and according to the standards observed by a competent practitioner of the same profession in which Contractor is engaged and in accordance with applicable industry standards. Permits and/or licenses shall be obtained and maintained by Contractor without additional compensation throughout the term of this Agreement.

Section 6. STATUS OF CONTRACTOR

6.1 INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Contractor shall be an independent contractor as defined in Labor Code Section 3353, and shall not be an employee of City. Nothing contained in this Agreement shall be construed ITEM 9.4. ATTACHMENT 2

CONTRACT NO.: 2024-50
General Services Agreement between May 20, 2024
City of Rancho Cordova and Coastline Water Resources Page 2 of 5 to be inconsistent with the foregoing relationship or status. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel; however, otherwise City shall not have the right to control the means and methods by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall have no power or authority by this Agreement to bind the City in any respect. All employees and agents hired or retained by Contractor are employees and agents of Contractor and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Contractor by any such employees or agents, or any other person resulting from performance of this Agreement.

Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contractor shall not allow any employee, agent or subcontractor to become eligible for a claim for PERS benefits.

6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. INSURANCE REQUIREMENTS. Prior to beginning any Service under this Agreement, Contractor, at its own cost and expense, shall procure insurance coverage at such levels of coverage, scope, limits, and/or forms as set forth in Exhibit B (ìInsurance Requirementsî) hereto. Contractor shall provide proof satisfactory to City of such insurance and maintain the insurance throughout the term of this Agreement.

Section 8. INDEMNIFICATION AND CONTRACTORíS RESPONSIBILITIES.

8.1 General Requirement. Contractor shall indemnify, defend with counsel selected by the City, and hold harmless City, its officers, agents, employees and representatives from and against any and all claims, losses, liabilities or damages, demands and actions, including payment of reasonable attorneyís fees, arising out of or resulting from Services performed pursuant to this Agreement caused in whole or in part by any negligent or willful act or omission of Contractor, its officers, agents, employees, or anyone directly or indirectly acting on behalf of Contractor. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This ITEM 9.4. ATTACHMENT 2

CONTRACT NO.: 2024-50
General Services Agreement between May 20, 2024
City of Rancho Cordova and Coastline Water Resources Page 3 of 5 indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

8.2 PERS Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing Services under this Agreement is determined by a court of competent jurisdiction of the California Public Employees Retirement System (ìPERSî) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any and all employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and any attorneysí fees and costs incurred by the City to enforce this Section.

Section 9. NONDISCRIMATION AND EQUAL OPPORTUNITY. Contractor shall not discriminate, on the basis of a personís race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Contractor thereby. Contractor shall include the provisions of this section in any subcontract approved by the City.

Section 10. AMENDMENTS. No modification or amendment of this Agreement is effective unless made in writing and signed by both the City and Contractor.

Section 11. ASSIGNMENT AND SUBCONTRACTING. Contractor shall not assign or transfer any interest in this Agreement without the prior written consent of the City.

Section 12. TERMINATION. Either party may terminate this Agreement without cause, upon 30 days written notice to the other party. In the event of termination, Contractor shall be entitled to payment for Services then satisfactorily completed. Contractor shall not be entitled to any claim against City for any additional compensation or damages in the event of such termination.

Section 13. NOTICES. All notices that are regarding this Agreement shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:

City: City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 95670
ATTN: Finance Director
ITEM 9.4. ATTACHMENT 2

CONTRACT NO.: 2024-50
General Services Agreement between May 20, 2024
City of Rancho Cordova and Coastline Water Resources Page 4 of 5 Contractor: Natalie Jelavich, Executive Vice President
Coastline Water Resources, Inc.

PO Box 796
Roseville, CA 95678
Email Address (for Insurance Update Requests) [email protected] Section 14. GOVERNING LAW AND VENUE. The laws of the State of California shall govern this Agreement. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Sacramento or in the United States District Court for the Eastern District of California.

Section 15. ATTORNEYSí FEES. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorneysí fees in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

Section 16. SEVERABILITY. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

Section 17. NO IMPLIED WAIVER OF BREACH. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

Section 18. SURVIVAL. The obligations of this Agreement, which by their nature would continue beyond the term or expiration of the Agreement, including without limitation obligations regarding indemnification shall survive the term or expiration of this Agreement.

Section 19. IRS Form W-9. Contractor shall complete and submit Internal Revenue Service Form W-9 to the City before execution of this Agreement. The Cityís Finance Director shall have authority to waive this requirement.

Section 20. ENTIRE AGREEMENT. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, and the insurance requirements attached hereto and incorporated herein as Exhibit B, represents the entire and integrated Agreement between City and Contractor and supersedes all prior negotiations, representations, and Agreements regarding the subject matter of this Agreement, either written or oral.

ITEM 9.4. ATTACHMENT 2

CONTRACT NO.: 2024-50
General Services Agreement between May 20, 2024
City of Rancho Cordova and Coastline Water Resources Page 5 of 5 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year set forth above, which date shall be considered the effective date of this Agreement.

CITY OF RANCHO CORDOVA COASTLINE WATER RESOURCES
By: By:

Micah Runner, City Manager Natalie Jelavich, Executive Vice President Date:_______________________________ Date:______________________________ APPROVED AS TO FORM:

By:

Adam U. Lindgren, City Attorney
ATTEST:

By:

Stacy Leitner, CMC, City Clerk
ITEM 9.4. ATTACHMENT 2

CONTRACT NO.: 2024-50
Consulting Services Agreement between May 20, 2024
City of Rancho Cordova and Coastline Water Resources ñ Exhibit A

EXHIBIT A

SCOPE OF WORK
Contractor will provide Storm Drain Maintenance Services to the City as specified in the following Request for Proposals (RFP), which is incorporated in and made part of this contract and shall survive all other terms and conditions under this contract.

Labor and equipment rates included in the Contractorís proposal shall apply to all other work covered under this contract for the first full year of the contract. Hourly rates and equipment rates shall include all costs to supply the necessary labor costs, insurances, and equipment including, but not limited to, overhead and profit. Labor and vehicle rates may escalate annually based on San Francisco (ENR) Consumer Price Index (CPI), or 3%, whichever is less.

Contractor shall submit an Annual Maintenance Schedule to the City at the beginning of each fiscal year of the contract specifying the anticipated maintenance activities planned each month. Contractor shall revise the Annual Maintenance Schedule as needed to better align with City needs or arising priorities and notify City of any such revisions.

ITEM 9.4. ATTACHMENT 2

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CITY OF RANCHO CORDOVA

DEPARTMENT OF PUBLIC WORKS
Request for Proposals for:

Storm Drain Maintenance Services
City of Rancho Cordova
Department of Public Works
2729 Prospect Park Drive
Rancho Cordova, CA 95670
Release Date:

March 5, 2024
Proposals Due Online:

April 2, 2024, before 2:00 pm
ITEM 9.4. ATTACHMENT 2

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Section 1 - Request for Proposal Overview

1.1. INTRODUCTION
The City of Rancho Cordova, Department of Public Works, is seeking the submission of proposals from qualified contractors for the provision of Storm Drain Maintenance Services ("Project"). Should a contract be executed as a result of this Request for Proposals (RFP), the Contractor will be expected to perform Storm Drain Maintenance Services comprised of cleaning, inspecting, and repairing structures within the City’s storm drain system including pipes, inlets, manholes, culverts, outfalls, pump station wet wells, and all other facilities.

This RFP contains all of the information and documents necessary to prepare and submit a responsive proposal. Proposers are cautioned to read all of the documentation provided and will be responsible for complying with all requirements identified herein. Any contract resulting from a selected Proposal shall have a five (5) year contract term starting July 1, 2024. The Contract may be extended by one contract term amendment of two (2) additional years.

This Project may be subject to compliance, monitoring, and enforcement by the California Department of Industrial Relations.

1.2. BACKGROUND
The City is home to more than 81,000 residents who have come to expect the highest quality public service after twenty years of Cityhood. The City is comprised of more than 35 square miles of land and is located in Sacramento County along the Highway 50 corridor, approximately 12 miles east of the California State Capitol.

The City’s Stormwater Program manages over 250 miles of drainage pipe, over 11,700 drainage structures, over 20 miles of open channels, and 6 pump stations.

1.3. PROPOSAL INFORMATION
Proposals shall be made only on forms provided in this RFP, as provided by the City. All cost figures shall be clearly indicated in the submitted Cost Proposal. The proposal shall include any other submittals and requirements identified in this RFP.

Any questions related to this RFP shall be directed to the Question & Answers section of the project posted on OpenGov. All questions must be submitted in OpenGov. Below is an overview of the key dates and information:

RFP Release Date: March 5, 2024
Pre-Proposal Meeting (Non-Mandatory): March 14, 2024, 2:00pm Community Board Room at Rancho Cordova
City Hall,
2729 Prospect Park Drive
Rancho Cordova, CA, 95670
ITEM 9.4. ATTACHMENT 2

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Deadline for Written
Questions/Clarifications:

March 19, 2024, 5:00pm
City's Responses to Written Questions: March 25, 2024, 5:00pm Proposals Due: April 2, 2024, 2:00pm

1.4. QUALIFICATION REQUIREMENTS
Any Proposer shall demonstrate minimum qualifications have been met. Minimum Qualifications include, but are not limited to:

Possession of a valid State of California General Engineering Contractor, Type A license or Pipeline Contractor, C34 License, and good standing with the California Department of Consumer Affairs Contractors State License Board. A copy of the license shall be submitted with the Proposal.

1.5. PROPOSAL POSTPONEMENT AND AMENDMENT
The City reserves the right to revise or amend the specifications up to the time set for the submittal of proposals. Such revisions and amendments, if any, shall be announced by addendums to this solicitation. Copies of such addenda shall be made available for the project on OpenGov. Prospective Contractors are defined as those Contractors listed on the City's Request for Proposal list for this material/service or who have obtained this RFP document after the advertisement. If revisions and amendments require changes in quantities or prices proposed, or both, the date set for opening of proposals may be postponed as determined by the City and shall enable Contractors to revise their proposals.

1.6. SINGLE PROPOSAL RESPONSE
If only one proposal is received in response to this RFP, a detailed cost proposal may be requested of the single Contractor. A cost/price analysis and evaluation and/or audit may be performed on the cost proposal in order to determine if the price is fair and reasonable.

1.7. PROPOSAL WITHDRAWAL
After the proposals are opened, bids may not be withdrawn for ninety (90) calendar days. Prior to the date/time set for the proposal submittal, however, proposals may be modified or withdrawn by the Contractor's authorized representative that submitted online by unsubmitting and modifying before re-submitting before the proposal submittal deadline.

1.8. CONTRACTOR INVESTIGATION
Before submitting a proposal, each Proposer shall make all investigations and examinations necessary to ascertain all site conditions and requirements affecting the full performance of the contract and to verify any representations made by the City upon which the Proposer will rely.

If the Proposer enters into an agreement with the City as a result of its proposal submission, failure to have made such investigations and examinations will in no way relieve the Contractor ITEM 9.4. ATTACHMENT 2

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from its obligation to comply in every detail with all provisions and requirements of the contract, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for any claim whatsoever by the Contractor for additional compensation.

1.9. AWARD
The City reserves the right to accept proposals on individual items listed, on group items, or the proposal as a whole; to reject any and all proposals; to waive any informality in the proposals; and to accept the Proposal that appears to be in the best interest of the City. The City intends to award all RFP items to a single Contractor.

In determining and evaluating the most responsive and responsible proposal, the prices will not necessarily be controlling, but quality, equality, efficiency, utility, general terms, delivery, the suitability of the service offered, and the reputation of the service in general use will also be considered with any other relevant factors. The Contract Manager shall have sole discretion in the determination of these matters.

Notice of contract award, if a contract is awarded, will be made within ninety (90) days of the opening of proposals to the Contractor with the most qualified proposal, whose proposal complies with all the requirements in this RFP. The Contractor shall agree to sign, within ten (10) days of award, a contract as approved by the Rancho Cordova City Council. Reference the "Sample Contract" in Attachments.

1.10. PROTEST
Upon notification of the City’s notice of contract award, a Proposer shall have three (3) business days to protest the City’s decision to the Public Works Director. All protests shall clearly state in writing the basis for the protest and provide the evidence on which the protest is based upon. The Public Works Director shall respond to the protest within five (5) business days of receipt of the written protest, with a written determination regarding the matter.

The Proposer shall have three (3) business days to appeal the determination of the Public Works Director to the City’s Assistant City Manager, by submitting a written appeal. The Assistant City Manager shall issue written determination on the appeal within five (5) business days of receipt of a timely appeal. The Assistant City Manager’s decision on the matter shall be the final determination.

1.11. COMMENCEMENT OF WORK
Proposers acknowledge that the submittal of proposals does not constitute any acceptance of work by the City. Additionally, the receipt of award of contract to any Proposer shall not constitute any authority to enter upon sites for work and begin Storm Drain Maintenance Services. Work shall commence only upon formal execution of a contract between the City and Contractor, and a written notice to proceed from Contract Manager to Contractor.

The City seeks to make the selection of a Contractor and award a contract for Storm Drain Maintenance Services by May 20, 2024. Proposers acknowledge that they are prepared to ITEM 9.4. ATTACHMENT 2

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execute a contract and begin prosecuting work on July 1, 2024. Any Proposer unable to meet this timeframe shall not be considered for award.

In the event the selected Contractor fails to adequately perform Storm Drain Maintenance Services to standards identified in this RFP, and as appended to the executed contract, the City reserves the right to adjust the scope of the contract and/or terminate the agreement.

Additionally, the City reserves the right to enter into additional contracts for Storm Drain Maintenance Services should the selected Contractor not meet City standards.

1.12. TERM OF AGREEMENT
Any contract resulting from a selected Proposal shall have a five (5) year contract term starting July 1, 2024. The Contract may be extended by one contract term amendment of two (2) additional years.

Failure of the Contractor to diligently execute the work as defined herein will be considered as grounds for termination of the contract.

Failure to provide an adequate workforce to execute the scope of the contract shall be considered as grounds for termination of the contract.

The contract may be terminated by the City upon thirty (30) calendar days prior to written notice addressed to the last known address of the Contractor. In the event of such termination, the Contractor shall be paid for all work successfully completed up to the effective date of such termination.

1.13. PUBLIC RECORDS
All proposals and other materials submitted in response to this RFP become the property of the City. Selection or rejection of a proposal does not affect this right. All proposal information, including detailed price and cost information, will be held in confidence during the evaluation process. Upon the completion of the evaluation of proposals, the proposals and associated materials will be open for review by the public to the extent allowed by the California Public Records Act, (California Government Code Section 6250 et. seq.).

By submitting a proposal, the Proposer acknowledges and accepts that the contents of the proposal and associated documents will become open to public inspection. If a vendor submits an entire proposal marked confidential, it will be considered non-responsive. Each Proposer should be aware that, although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City might not be in a position to establish which submitted information constitutes a trade secret. If a request is made for information marked “confidential”, the City will provide the Proposer who submitted such information with reasonable notice to allow the Proposer to seek protection from disclosure by a court of competent jurisdiction.

ITEM 9.4. ATTACHMENT 2

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Section 2 - Basis for Evaluation of Proposals
In order to receive consideration of selection, all proposals received must address all aspects of this RFP. Each item identified in Proposal Submittal shall be included in the proposal submittal.

The proposal submission implies the proposer’s acceptance of the evaluation criteria.

Before the award of a contract, the City may require proposers to provide an oral presentation of their proposal to a review panel for evaluation.

The City reserves the right to reject any and all bids, to waive any irregularities in any proposal, to sit and act as the sole judge of the merit and qualifications of services offered, and to accept the proposal which is deemed to be in the best interest of the City of Rancho Cordova. The City will award any agreement based on the most responsive proposal, which includes the most advantageous pricing, quality, and suitability of services for the City’s particular needs.

Additionally, the City may, for any reason, determine not to award a contract as a result of this RFP.

The following criteria will be used to evaluate each response:

No. Evaluation Criteria Scoring Method Weight (Points)

1. Experience, Operations Plan & Equipment
Quality/Age
Points Based 40
(40% of Total)

2. Cost Proposal Points Based 40
(40% of Total)

3. Ability to Meet City Requirements Points Based 10
(10% of Total)

4. Demonstration of Understanding of City
Desired Level of Service
Points Based 5
(5% of Total)

5. References Points Based 5
(5% of Total)
ITEM 9.4. ATTACHMENT 2

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Section 3 - General Provisions

3.1. INSURANCE REQUIREMENTS
Proposers acknowledge the City’s insurance requirements as detailed in Attachments to this RFP. Exceptions to City insurance requirements will not be made. Any Proposer unable to meet the insurance requirements at the time of the Proposals Due Date shall not be eligible for selection or award of contract.

The Contractor, upon being notified of being awarded the contract, shall have their Certificate of Insurance delivered to:

Attn: Veronica Seward-Aponte
2729 Prospect Park Drive
Rancho Cordova, CA 95670

Contractor’s insurance shall comply with all insurance requirements as detailed in the Attachments. No goods or services shall be rendered by the Contractor until a valid Certificate of Insurance is on file with the City.

3.2. PAYROLL RECORDS
The Contractor's attention is directed to Section 6-1.03, "Payroll Records," of the Standard Construction Specification. The Contractor shall comply with Labor Code Section 1776.

Regulations implementing Section 1776 are located in Section 16000 and Sections 16401 through 16403 of Title 8, California Code of Regulations. The Contractor shall be responsible for compliance by the Contractor's Subcontractors.

3.3. PREVAILING WAGE
Proposers acknowledge the Prevailing Wage Requirements as detailed in the Sample Contract.

Pursuant to Labor Code Section 1770, the Contractor and the Contractor's Subcontractors shall pay not less than the prevailing rate of per diem wages, including, but not limited to, overtime, Saturday, Sunday, and holiday work, travel, and subsistence, as determined by the Director of the California Department of Industrial Relations pursuant to Labor Code Section 1773.

3.4. PRESERVATION OF PROPERTY
Attention is directed to Section 6-21 “Preservation of Property” of the Sacramento County Standard Construction Specifications and these Special Provisions.

The Contractor shall take every precaution to protect all public and private property during the performance of this contract. Any damages caused by the Contractor’s personnel or equipment will promptly be repaired to the condition existing before the damage. If, in the opinion of the Contract Manager, repair is not possible, the damaged facilities will be replaced in kind and size. All costs for such repairs or replacements shall be the sole responsibility of the Contractor.

Damages to City facilities due to the Contractor’s lack of performance in accordance with these specifications are the Contractor’s responsibility.

ITEM 9.4. ATTACHMENT 2

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3.5. TRAFFIC MAINTENANCE
Provisions for public convenience and safety, construction area traffic control, and hours of work shall be in accordance with the Standard Construction Specifications. Specific requirements are provided in Sections 6-11, 6-12, 6-13, 6-14, 7-8, and 12 of the Standard Construction Specifications. The Contractor shall be responsible for public safety and traffic control within the Project limits and on the approaches to the Project.

Prior to performing any work that requires a lane closure, a Traffic Control Plan, prepared by the Contractor, shall be reviewed and approved by the City of Rancho Cordova. A traffic control plan (or plans) shall be submitted for review for any work requiring modifications of existing traffic patterns. The traffic control plan shall include provisions for vehicular, pedestrian, and bicycle access. Additionally, the traffic control plan shall address traffic signal operation for any work performed within 200 feet of a signalized intersection.

The local Fire Department, Sheriff/Police Department, California Highway Patrol, and Regional Transit (if applicable) shall be notified 24 hours in advance of major maintenance work impacting the public right of way.

Construction area signs shall conform to the requirements of Section 12-3.07 “Construction Signs” of the Standard Construction Specifications. Advisory (S1) signs shall be posted 10 days in advance of major maintenance work impacting the public right of way.

At least one lane of 10-foot minimum pavement width shall be maintained for each direction of travel during standard construction hours. Lane closure shall not be allowed without an approved traffic control plan, proper advance warning devices, signing and flag person control.

Unless otherwise approved by the City of Rancho Cordova, work shall not be permitted on weekends and holidays. Work shall be suspended and no activities that interfere with public traffic shall be conducted on Memorial Day, Independence Day, Labor Day or Veterans Day, during the four-day Thanksgiving weekend and on December 8 through January 1.

Minor deviations from the requirements of this section concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor if in the opinion of the City, public traffic will be better served and the work will be expedited. These deviations shall not be adopted by the Contractor until the City has approved them in writing. All other modifications will be made by contract change order.

3.6. REGULATIONS AND CONDUCT OF WORK
The Contractor shall plan and conduct the work to comply with local, State, and Federal government agencies’ applicable rules, regulations, codes, and ordinances to adequately safeguard persons and property from injury. The Contractor shall direct the performance of the work in compliance with reasonable safety regulations and work practices, and with applicable federal, state, and local laws, rules and regulations including but not limited to “Occupational Safety and Health Standards” promulgated by the U.S. Secretary of Labor, and Safety Orders of the California Division of Industrial Safety.

ITEM 9.4. ATTACHMENT 2

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3.7. PERSONNEL
All work shall be performed by qualified and trained personnel with a minimum of two (2) years of experience in Storm Drain Maintenance Services work. Experience must include use of typical tools and operation of commonly used equipment. All workers shall be neat and orderly in appearance.

At least one staff member shall be certified in Storm Water Pollution Prevention within 12 months of the contract start date. All personnel shall receive annual training on storm water pollution prevention and best management practices for storm water quality.

Identification
The Contractor’s employees shall be required to wear a clean uniform bearing the Contractor’s name. Employees who normally and regularly come into direct contact with the public shall bear some means of individual identification, such as a name tag or identification card.

Licenses
The Contractor and staff who are supplying services under this agreement shall at all times possess and carry a valid driver’s license issued by the State of California and have all applicable certifications and licenses.

3.8. CONDUCT
The Contractor’s employees, officers and representatives shall not identify themselves as being employees of the City of Rancho Cordova. Employees shall conduct themselves in such a manner that reflects positively on the City. Drivers shall be courteous and conscientious when driving to, at and from transfer sites. The City retains the right to require a particular operator be removed from working on this contract.

Safety Standards and Accident Prevention
The Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. The Contractor shall comply with all applicable Laws and Regulations relating to the safety and protection of persons and property.

Full compensation for conforming to the requirements of this Section shall be considered as included in the prices listed in the Cost Schedule and no separate payment will be made therefore.

3.9. SUPERVISION
The Contractor shall provide a competent superintendent during all times that work is being performed with the authority to represent and act for the Contractor in any matter pertaining to this contract. The Contractor shall furnish the names of all such superintendents to the Contract Manager prior to the commencement of this contract and advise the Contract Manager of any changes.

3.10. DISMISSAL OF UNSATISFACTORY EMPLOYEES
Attention is directed to Section 7 of the Standard Construction Specifications. The Contractor ITEM 9.4. ATTACHMENT 2

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shall only furnish workers who are competent and skilled for work under this contract. If, in the opinion of the Public Works Director, an employee of the Contractor is disorderly, refuses to perform in accordance with the contract specifications, threatens or uses abusive language while on City property, does not meet safety requirements or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. The Contractor shall remove an unsatisfactory employee from contract sites immediately following notification.

All personnel employed by the Contractor shall comply with the City’s Harassment policy. Noncompliance with this policy shall be grounds for dismissal under the provisions of this Section. A copy of this policy will be provided to the Contractor prior to commencing work.

Failure by the Contractor to remove an unsatisfactory employee from contract sites will result in withholding of payment. Failure by the Contractor to permanently replace an unsatisfactory employee will result in formal written warning (30-day notice) to the Contractor specifying that the employee must be replaced. Failure by the Contractor to replace an unsatisfactory employee within the 30-day time period will result in termination of this contract.

In the event of termination, the City shall be liable only for payment of those services performed and accepted by the City prior to the date of termination; and the Contractor and his surety shall be liable and assessed for any and all costs for the re-procurement of the contract services.

3.11. PAYMENT
Attention is directed to Section 8 of the Sacramento County Standard Construction Specifications. The following shall be substituted with regard to invoicing procedure.

At the end of each month, the Contractor shall submit invoice(s) to the City for regular monthly maintenance work and emergency maintenance work requested and approved by the City. The City will pay the Contractor within thirty (30) calendar days of receipt of correct invoice. There will be no retention from the payments for normal maintenance work. A five (5) percent retention will be made on replacement construction of pipe, catch basins, and other appurtenances. There will be no retention from payments for emergency work.

The Contractor’s routine maintenance invoice shall include; • Invoice Number
• Invoice Date
• City’s Contract Number
• Period Service Provided (Date from – Date to)
• A breakdown of each work order completed with a description of the work performed, quantity of the work performed, unit cost, and total cost for the work performed.

The Contractor’s emergency invoice shall include;
• Invoice Number
• Invoice Date
• City’s Contract Number
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• Period Service Provided (Date from – Date to)
• A breakdown of each work order completed with a description of the work performed, job itemization giving employee(s)’ actual hours worked, equipment and material costs, and total cost for the work performed.

Billing shall be submitted to the following address:

City of Rancho Cordova
Public Works Department
2729 Prospect Park Drive
Rancho Cordova, CA 95670
ATTN: Dalia Fadl

3.12. WITHHOLDING OF PAYMENT
For work deemed by the Contract Manager as not meeting the requirements of the specifications, the City shall withhold monthly payments or percentages thereof for work not completed, or until work is completed as per contract specifications. The City shall withhold monthly payments or percentages thereof for work that is not completed on schedule.

To provide funds to cover the cost of any City of Rancho Cordova facilities or materials damaged by the Contractor, the City shall withhold monthly payments until the damages are repaired. In the event repairs are not made the City shall withhold monthly maintenance payments to fund the necessary repairs. The Contractor shall be responsible for damages to the City of Rancho Cordova facilities or materials due to the Contractor’s failure to perform the services in accordance with these specifications. Expenses to cover damages shall be solely the Contractor’s, and repairs shall meet with approval of the Contract Manager.

3.13. FAILURE TO PERFORM
If the Contractor, or his representative, fails to perform in accordance with the terms and conditions of this contract, the Contract Manager will specify the reasons and locations as applicable by written correspondence. Failure by the Contractor to correct any deficiencies within one (1) calendar week of notification by contract manager may result in withholding of payment. Failure by the Contractor to correct any deficiencies within two (2) calendar weeks or more may result in formal written warning (30-day notice) to the Contractor specifying that such deficiencies must be corrected. Failure by the Contractor to correct such deficiencies within the 30-day specified time period may result in termination of this contract.

In the event of termination, the City shall be liable only for payment of those services performed and accepted by the City prior to the date of termination. Any damages to property caused by the Contractor’s inability to meet specification shall be recovered by withholding payments. The Contractor and his surety shall be liable and assessed for any and all costs for the re-procurement of the contract services and damages to City facilities or plant materials.

3.14. INSPECTION
The Contractor may receive an inspection report from the Contract Manager. This form will ITEM 9.4. ATTACHMENT 2

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indicate any deficiencies in the work performance of the Contractor. The Contract Manager will inform the Contractor of urgent deficiencies for immediate attention or repairs. Inspection by City staff will occur the following day the Contractor has serviced the areas.

Lack of inspections by City staff does not relieve the Contractor of his obligations to provide services as required by these specifications. Lack of receipt of inspection reports does not relieve the Contractor of his obligations to provide services as required by these specifications.

Schedules as required by these specifications shall be submitted and used as a guide for City Staff Inspection schedules. Inspection will be scheduled to occur the following day the Contractor has serviced the area(s).

3.15. TERMINATION
Any contract resulting from this RFP may be canceled by the City upon thirty (30) calendar days advance notice in writing at the City’s sole discretion. The Contractor may cancel this agreement upon ninety (90) calendar days advance notice in writing to the City.

3.16. SOUND CONTROL REQUIREMENTS
Sound control shall conform to the provisions in Section 12-1.09 B, “Noise” of the Standard Construction Specifications.

The noise level from the Contractor’s operations, between the hours of 8:00 p.m. and 7:00 a.m., shall not exceed 86 dbA at a distance of 15 m (50 feet). Said noise level requirement shall apply to all equipment on the work or related to the work, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.

Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various contract items of work involved, and no additional compensation will be allowed, therefore.

3.17. COOPERATION
The Contractor’s attention is directed to Section 5-5, “Cooperation with Other Entities,” of the Standard Construction Specifications. The Contractor shall notify United Service Alert (USA) prior to commencing any excavation: Underground Service Alert (USA) – 811.

3.18. EXISTING UTILITIES
Attention is directed to Section 6-16 “Existing Utilities” of the Sacramento County Standard Construction Specifications and these Special Provisions.

The toll-free number for Underground Service Alert (U.S.A.) is (800) 642-2444. The Contractor is required to call this number two working days (48 hours) in advance of performing excavation work.

The Contractor shall take adequate measures to ensure that their operations do not harm any existing underground facilities not specifically mentioned, or shown on the plans.

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3.19. PUBLIC CONVENIENCE
Public convenience shall conform to the provisions in Section 7-1.08, "Public Convenience", of the Standard Specifications. The Contractor shall limit operations to weekdays between the hours of 7:00 A.M. to 6:00 P.M., unless otherwise approved by the Contract Manager.

No work will commence before 8:30 A.M. or after 3:30 P.M. on the City’s main arterial and collector streets without prior written approval by the Contract Manager.

Temporary closure of driveways may be allowed subject to the advance written approval of the affected property owners and the Contract Manager. Prior to closure of a driveway, the Contractor shall coordinate and notify the property owner at least twice of such closure. The Contractor shall deliver closure notices to residents and operators of commercial properties seventy-two (72) hours prior to each closure, (twenty-four (24) hour notice for emergency repairs if feasible).

It is the Contractor's responsibility to provide and accommodate all residents, operators of commercial properties and property owners’ specific needs for driveway and pedestrian access at all times.

Full compensation for conforming to the provisions of this Section shall be considered as included in the prices listed in the Cost Schedule and no additional compensation will be allowed therefore.

3.20. OBSTRUCTIONS
Attention is directed to Section 8-1.10 "Utility and Nonhighway Facilities" and Section 15 "Existing Highway Facilities" of the Sacramento County Standard Construction Specifications.

Attention is directed to the presence of overhead and underground utilities located in the construction sites and work areas. The Contractor shall exercise due caution in performing work so as not to damage the utilities. The work specified shall be so conducted by the Contractor as to permit the utility companies to maintain their services without interruption. Utilities which are to remain in place shall be worked around and protected from damage or interruption of service. The Contractor shall coordinate his work with the utility companies where utilities are to be relocated or set to grade.

Construction area signs shall be furnished, installed, maintained, and removed when no longer required by the Contractor following the provisions in Section 12, “Safety, Public Convenience, and Traffic Control,” of the Standard Construction Specifications.

Full compensation for conforming to the requirements of this Section shall be considered as included in the contract prices paid for the various contract items of work involved, and no additional compensation will be allowed, therefore.

3.21. MOBILIZATION
Mobilization shall be in accordance with Paragraph 11-1.01 "Description" of Section 11 "Mobilization" of the Sacramento County Standard Construction Specifications.

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Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various Contract items of work and no separate payment will be made therefore.

3.22. WORK ORDER
Requests for maintenance are made via a Work Order (WO). WO’s are originated by City staff during regular City business hours in response to observed or reported maintenance deficiencies. Delivery of the written WO’s will be via e-mail and be made directly to the Contractor or designated supervisor.

Requests for service after working hours, on weekends, and on holidays will be forwarded from the City’s Emergency On-Call representative to the Contractor by phone. A written WO will be generated on the next regular business day and sent via email.

3.23. STANDARD CONSTRUCTION SPECIFICATIONS
The County of Sacramento, Municipal Services Agency, Standard Construction Specifications, adopted January 2016 and all revisions pertaining thereto, and these Special Provisions shall control all work to be done under this contract. A copy of the Standard Construction Specifications may be obtained at the Cashier’s window, County Administration Building, 827 Seventh Street, Room 105, Sacramento, CA 95814.

3.24. STATE SPECIFICATIONS AND STATE STANDARD PLANS
State Specifications and State Standard Plans, when referred to, shall be the 2023 issue.

Copies of the State Specifications and State Standard Plans may be obtained from the State of California, Department of Transportation, Publications Unit, 1900 Royal Oaks Drive, Sacramento, CA 95815; telephone (916) 263-0822.

3.25. PRECEDENCE
In the event of a conflict between the Sacramento County Standard Construction Specifications and the State Specifications/Standard Plans, the Standard Constructions Specifications shall govern. These Special Provisions shall govern over both the Standard Construction Specifications and State Specifications/Standard Plans in the event of a conflict.

3.26. CODES AND LEGAL REQUIREMENTS
A. All reference to codes, specifications, and standards in the contract documents shall mean, and are intended to be, the latest editions, amendments, and/or revisions of such reference documents in effect, as of the date of this contract.

B. Authorities shall apply the minimum work requirements available to any work done for this project. Nothing described in these contract documents shall be construed to permit work not conforming to the most stringent of applicable codes and regulations.

C. When contract documents call for materials or construction of better quality or larger size than required by applicable codes, laws, rules or regulations, the contract documents shall take precedence.

ITEM 9.4. ATTACHMENT 2

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3.27. GUARANTEE
Excepting only items of routine maintenance, ordinary wear and unusual abuse or neglect, the Contractor shall guarantee all work executed by the Contractor and Subcontractors, and all supplies, materials and devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to the City as a part of the work pursuant to the Contract, to be free of all defects of workmanship and materials for a period of one year after acceptance of work under each Work Order issued as a part of the Contract by the City. The Contractor shall repair or replace any or all such work or material, together with all or any other work or material which may be displaced or damaged in so doing, that may prove defective in workmanship or material within said one (1) year guarantee period without expense or charge of any nature whatsoever to the City.

In the event that the Contractor shall fail to comply with the conditions of the foregoing guarantee within ten (10) working days after being notified of the defect in writing, the City shall have the right, but shall not be obligated to repair, or obtain the repair of, the defect and the Contractor shall pay to the City on demand all costs and expense of such repair.

Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the health or safety, or any property interest, or any person, the City shall have the right to immediately repair, or cause to be repaired, such defect, and the Contractor shall pay to the City on demand all costs and expense of such repair. The foregoing statement relating to hazards to health, safety or property shall be deemed to include either temporary or permanent repairs, which may be required as determined in the sole discretion and judgment of the City.

3.28. EROSION, SEDIMENT AND WATER POLLUTION CONTROL
The Contractor’s attention is directed to Section 10-4, "Erosion, Sediment, and Water Pollution Control," of the Standard Construction Specifications, and these Special Provisions.

The Contractor shall minimize erosion, discharge of pollutants, and transport of sediments during all aspects of work. Erosion and sediment control shall conform to the requirements of Sacramento County's "Erosion and Sediment Control Guidelines". That document is available, for a fee, from the Water Resources Division, County of Sacramento.

3.29. DUST CONTROL
The Contractor’s attention is directed to Section 17, “Dust Control,” of the Sacramento County Standard Construction Specifications. The Contractor shall be responsible for dust control. The Contractor shall diligently control dust resulting from his operations and from public traffic passing through the work area by the application of water and/or dust palliative. Dust palliative shall conform to Section 17-2, “Dust Palliative,” of the Standard Construction Specifications.

The Contractor shall provide dust control at all times including Saturdays, Sundays, and holidays. Whenever the Contractor shall appear negligent in controlling dust, the Contract Manager may direct attention to the existence of a dust hazard and instruct the Contractor to ITEM 9.4. ATTACHMENT 2

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immediately alleviate the dust hazard.

Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.

3.30. INDEMNITY
The Contractor indemnifies the City as stated in Section 6-2 of the Sacramento County Standard Construction Specifications.

ITEM 9.4. ATTACHMENT 2

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Section 4 - Special Provisions

4.1. WORK GUIDANCE
All work to be done by any Proposer selected to perform the work outlined in this RFP shall be guided by the County of Sacramento, Municipal Services Agency Standard Construction Specifications, adopted January 2016, and this RFP. Copies of the Standard Construction Specifications may be obtained from the Municipal Services Agency, Land Division, and Site Improvement Review, located in the County Administration Building, 827 Seventh Street, Room 105, Sacramento, California, 95814.

A sample copy of the City’s General Services Contract is included as "Sample Contract" in the Attachments section of this RFP. The contract shall bind the selected proposer to perform work in accordance with this RFP.

4.2. DESCRIPTION OF WORK STANDARDS
All Proposers accept and confirm by submission of a signed proposal in response to this RFP, that work to be performed by the selected Contractor is comprised of Storm Drain Maintenance Services comprised of cleaning, inspecting, and repairing structures within the City’s storm drain system including pipes, inlets, manholes, culverts, outfalls, pump station wet wells, and all other facilities as further designated in this RFP.

The City requires the selected Proposer to meet the following minimum standards:

Workmanship: All materials and workmanship shall be of a quality that is equal or superior to any similar work considered by storm drain maintenance contractors to be best practice. All work completed by the selected Contractor shall be subject to inspection prior to payment being authorized. All work shall be conducted in a manner that least interferes with operation and public usage of streets and sidewalks. Repairs to storm drain facilities shall be subject to a one-year warranty period as outlined in the Guarantee section within the General Provisions of this RFP.

Safety: All services, supplies and equipment must comply with the California Safety Division of Industrial Safety Orders and O.S.H.A. The Contractor shall plan and conduct the work in a manner that will safeguard all persons from injury and shall take all precautions required by applicable regulations of the State Department of Industrial Regulations. The Contractor’s employees shall wear O.S.H.A. approved safety and personal protective equipment at all times during contract work.

Hazards and Vandalism: Any hazards or acts of vandalism shall be reported immediately to the Contract Manager and then followed up with in writing. Hazards shall be remedied by the Contractor after approval is obtained from the Contract Manager. Hazards which create life-threatening situations or potential for bodily harm shall be remedied immediately by the Contractor.

Response: The selected Contractor will be required to be able to respond to any service ITEM 9.4. ATTACHMENT 2

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location with a maximum response time of an hour and a half (90 minutes). A communications system shall be in place which provides the City with the ability to contact the Contractor in an emergency twenty-four (24) hours a day, seven days a week.

Failure to adequately respond can result in immediate termination of the remainder of the contract.

City Policy: The selected Contractor shall be aware of, and shall comply with, the City ordinances governing storm drain maintenance work and traffic control regulations during work, as applicable to all locations being maintained.

Equipment: The selected Contractor must furnish all tools and equipment needed to provide a high level of workmanship, to ensure continuous and safe operation, and to complete work in accordance with the current County of Sacramento Standard Specifications. The City may require demonstration of equipment during the selection process of this RFP.

4.3. WORK LOCATION/SITE CHANGES
Proposers acknowledge that the City reserves the right to add, delete, or change locations under resulting contract for work, and may do so upon written notification to the Contractor.

Any changes in contract scope of work that result in an increase or reduction in cost shall be adjusted based on negotiation between the City and the Contractor. The City expects cost negotiations to be guided by the Cost Proposal submitted by the Contractor.

4.4. SUBCONTRACTORS
Proposers requiring the provision of additional services from subcontractors acknowledge that all proposed subcontractors shall adhere to the same standards of work as described in this RFP. Proposers further acknowledge that the selected Contractor shall be required to perform, with the Contractor’s own organization and employees, not less than fifty percent (50%) of the value of all work conducted under executed contract.

Any Proposer submitting proposals for work that include the use of subcontractors shall additionally submit a filled-out Designation of Subcontractors form in the Proposal Submittal section of this RFP.

4.5. DESCRIPTION OF WORK
The work to be performed consists of routine cleaning, non-emergency maintenance, and emergency response of the City’s Storm Drain System. Routine maintenance will include fixed pricing (lump sum) as well as time and materials.

Routine cleaning will typically involve cleaning and troubleshooting the storm drain system.

Non-emergency maintenance includes, but not limited to, discovery of blockages in the system, storm drain repair work as needed, field evaluation of sink holes and addressing other residents’ complaints, etc. The Contractor shall commence non-emergency maintenance work ITEM 9.4. ATTACHMENT 2

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within 10 working days. Typically, the City will provide a reasonable amount of time to complete the work.

Emergency Response typically involves either a storm related response or response to a spill threatening to enter the storm system. This work is on a time and materials basis.

4.6. STORM DRAIN SYSTEM
The Contractor is to perform maintenance of Storm Drain System infrastructure within the City of Rancho Cordova, including but not limited to:
• Maintaining the storm drain facilities owned by the City in an operable and safe condition
• Re-grading ditches
• Cleaning & flushing pipes, inlets, culverts, bridges and manholes • Providing TV inspection of pipes
• Minor repairs to concrete lined channels
• Minor slope and embankment repair
• Major root intrusion removal
• Other related storm drain work
• Emergency replacement & installation of drain inlets, pipes and related equipment • Emergency response to hazmat spills entering drainage system • Other related emergency storm drain work

The Contractor is to respond to emergency Work Orders according to the following priority response times:
• Priority 1: Respond within ninety (90) minutes of call-out. Contractor is expected to respond with a vactor truck and operator in the rainy season or when flooding is reported.
• Priority 2: Respond within one (1) working day.
• Priority 3: Respond within two (2) working days.

Except as provided in these contract documents, no maintenance repairs are to be made without prior approval by the City.

4.7. MAINTENANCE RESPONSE
Contractor Responsibility
The Contractor shall furnish all personnel, vehicles, labor, equipment, and materials required to perform storm drain maintenance. The Contractor shall provide a full range of storm drain maintenance services, which includes cleaning and flushing the system, replacing storm drain system components, monthly reports of all work performed, proper disposal of all materials, scheduled preventative maintenance inspections of the storm drain system, and construction of any replacement or relief storm drain facilities.

Maintenance Costs
The Contractor shall propose pricing per the Cost Schedule included in this RFP. Maintenance costs include both Time & Materials and Lump Sum price. Said prices shall be indicated on the ITEM 9.4. ATTACHMENT 2

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Cost Schedule.

Equipment Rates
The Contractor shall provide and maintain a current list of their equipment with an associated rate. This list will be used in emergency callouts, extra work not anticipated in a pre-set operation, and operations not detailed in the scope of work. For example, pipe cleaning is typically done with a Vactor truck with a flailer attachment for cutting roots. If the roots are too large for the flailer, a rodder truck and possibly television equipment will be brought in to assist in cutting the roots and identifying any issues. This equipment would be invoiced as Time & Materials (T&M) work in addition to the unit price for Cleaning Structures & Pipe.

Rental equipment may be required for some of the T&M work. The Contractor shall provide a copy of the invoice for rental equipment in the T&M invoice.

Time & Materials Work
The Contractor shall be required to perform various Time & Materials work based on severe storms, collapsed pipe, pipe plugs, and other drainage issues not priced in the contract. Due to the emergency nature of the work or requirement to avoid expensive delays, authorization for this work may be given verbally, by email, or by written notice.

4.8. CLEANING STRUCTURES AND PIPE
Each year, the Contractor will receive work orders to clean approximately 175,000 linear feet of storm drain pipes (24” and smaller) and structures (inlets and manholes). Larger diameter pipes will not be routinely scheduled for cleaning unless requested by the City or recommended by the Contractor (with approval from the City) to help address flooding and other maintenance concerns. Billing for cleaning of larger pipes (greater than 24”) will be Time & Materials as approved by the City.

At locations to be determined by the City, the Contractor shall clean pipes, catch basins, manholes, and inlets of debris, sediment, and miscellaneous obstructions. Structures and pipes will be jetted until all mud and debris are removed from the structure sides and bottom. No more than ½ inch of debris shall be left at the bottom of the structure or pipe. The inlet pipe into the structure shall also be jetted. Vegetation and debris shall also be removed from the grate and surrounding asphalt.

Generally, catch basins, manholes, pipes, and concrete inlets are constructed and installed per Sacramento County Standard Construction Specifications. Existing pipe may be reinforced concrete, unreinforced concrete, ABS, corrugated metal, steel, or PVC. Depth and location variations from the City’s storm drainage facility maps should be expected.

Routine cleaning and flushing should include minor root trimming with the Vactor flailer or similar equipment and disposal of solids and liquids at a City approved location.

The contractor is responsible for the proper disposal of all waste materials generated during the performance of work required by this RFP. All hazardous material will be disposed of in accordance with applicable laws and appropriate records maintained.

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The unit price per linear foot for cleaning structures and pipe shall include cleaning the storm drain structures, such as manholes or catch basins, at each end of the pipe, and shall include all direct and indirect costs such as fuel, water fees, sewer and landfill disposal fees, labor, equipment, and all related cost associated with operating and maintaining the equipment.

Completing the reporting requirements through the GraniteNet system to document the cleaning shall be included in the unit price. No additional compensation will be paid for this incidental work. Proper disposal of liquid and solid waste shall be included in the unit price for Cleaning Structures & Pipe.

4.9. GRANITENET SOFTWARE
The City uses GraniteNet software for condition assessment and asset management of storm drain pipelines and structures. The Contractor shall have a GraniteNet license on the CCTV truck. The GraniteNet license on the CCTV truck shall be at a minimum a GNET Basic license with PACP module, Lateral Inspection module, Node Inspection module, H.264 module, and Websync module. The Contractor shall have a mobile device (such as a phone, tablet, or laptop with web browser and Internet connection) in the Jetter/Vacuum truck to document the completed pipe or structure cleaning in a format approved by the City. The City shall provide user access to GraniteNet WebInspect. Missing data on the size or type of pipe shall be inputted in the WebInspect web browser app as well as any corrections. If the facility is located in a different location than shown or there are additional appurtenances, the Contractor shall use the WebInspect GPS capture features to document the field conditions.

4.10. TV INSPECTION
The Contractor shall furnish all labor, equipment, supplies, and supervision and shall perform all work required in accordance with these specifications. Closed-circuit television (CCTV) inspection shall be performed in the areas selected and approved by the City. Inspection of storm drain infrastructure by means of CCTV equipment shall be performed to determine the location and extent of any obstructions, debris, or damage.

CCTV inspections shall be performed in the National Association of Sewer Service Companies (NASSCO) code format as outlined in the Sacramento County Standard Construction Specifications Section 38-10.04, Television Inspection. The inspection shall be performed as a NASSCO Pipeline Assessment Certification Program (PACP) inspection for drainage pipes classified as mainlines in the City’s GIS database and as a Lateral Assessment Certification Program (LACP) inspection for drainage pipes classified as laterals in the City’s GIS database.

Inspection data shall be submitted to the City electronically through GraniteNet WebSync or other methods pre-approved by the City.

The CCTV inspection shall be performed on one structure-to-structure pipe segment at a time.

The inspection shall be performed by moving the CCTV camera through the line along the axis of the pipe at a rate not to exceed 30 feet per minute. Any means of propelling the camera through the storm drain line that would exceed this rate of speed or produce non-uniform or jerky movements shall not be considered acceptable. CCTV inspection is performed from the upstream catch basin/manhole to the downstream catch basin/manhole when the conditions ITEM 9.4. ATTACHMENT 2

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allow it. If conditions do not allow an upstream to downstream inspection, the inspection will be performed in reverse (from the downstream to the upstream catch basin/manhole).

A header screen showing tape number, segment number, and catch basin/manhole number shall be taped for 10 seconds at the beginning of each televised line segment. All header information shall be recorded on the appropriate electronic PACP or LACP inspection forms.

At the Contractor’s discretion, the camera shall be stopped or backed up to view and analyze conditions that appear to be unusual or uncommon for a sound storm drain line. At all times, the operating technician shall be able to move the camera through the line in either direction without loss of quality in the video presentation on the monitor. The picture shall be free of electrical interference and provide a clear, stable image of the specified resolutions at all times.

The camera lens shall be cleaned, as required, to provide a clear image within the storm drain lines.

4.11. CCTV SUBMITTAL
All line pictures will be digital .mpeg video, clear, legible, and free of “snow” or haze.

All inspections shall be made by Pipe Assessment Certification Program (PACP) certified operators, and data shall be documented following the National Association of Sewer Service Companies (NASSCO)’s Pipeline Assessment and Condition Program guidelines. Electronic copies of inspection reports (data files) shall be submitted through upload to GraniteNet or other methods pre-approved by the City.

The Contractor shall upload a complete GraniteNet file type that contains both data files and video files to the WebOffice using GraniteNet WebSync.

TV Inspection will require a work order from the City. In most cases, when the Contractor is recommending replacement of a section of pipe, the Contractor will provide still photos of the affected areas.

The unit price for TV Inspection shall include all direct and indirect costs as such fuel, labor, equipment, and all related costs associated with running and maintaining the equipment.

Completing the reporting requirements and providing the video shall be included in the unit price. No additional compensation will be paid for this incidental work.

4.12. PAVEMENT AND CONCRETE REMOVAL & REPLACEMENT
Contract items of work that require the removal and replacement of the existing pavement or concrete shall be replaced per the latest version of the Sacramento County Improvement Standards. Arterial and major roads will require a 5” AC/14” AB, and minor collectors and residential streets will require 3” AC/10” AB. If any questions arise over the pavement thickness required to be re-installed, the Contractor shall request clarification from the city inspector. A “T” Patch with a sand-slurry seal is required for the final surface.

Removed concrete sidewalk and handicap ramps shall be re-installed per current ADA ITEM 9.4. ATTACHMENT 2

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standards and the City’s latest standard details. The City inspector shall work with the Contractor to identify the extent of replacement. The Contractor may need to warp the slopes to join existing concrete.

Payment for this item of work shall be Time & Materials. The Contractor shall have a maximum of 30 working days to install permanent pavement or concrete, unless otherwise approved by the City. Permanent striping shall be installed within 30 working days of the pavement restoration.

4.13. UNSUITABLE MATERIAL EXCAVATION AND BACKFILL
Unsuitable material excavation and backfill shall conform to the provisions in Section 18-5 of the Sacramento County Standard Construction Specifications and as specified herein.

Payment for Unsuitable Material Excavation and Backfill shall be made per cubic yard of material removed and replaced, as measured in the field. No separate payment will be made for acquisition of any required permits or disposal of surplus material.

4.14. ORDER OF WORK
Order of work shall conform to the provisions in Section 5 “Control of Work and Materials” of the Sacramento County Standard Construction Specifications and these Special Provisions. The receipt of notice that the Contractor has been awarded a contract shall not constitute authority for the Contractor to enter upon the sites of work and begin maintenance operations.

4.15. ILLICIT DISCHARGES
The Contractor shall promptly (within 24 hours of completing the cleanup) submit to the City evidence of illegal and improper dumping or discharge as it is identified. Illegal and improper dumping reports shall include the date of the discovery, approximate location, whether the overflow reached a waterway, and a general description of the material, including the measured volume or weight of the removed debris. The Contractor shall report information as noted by the operator regarding the condition, streets, drainage structures, and vehicle parking.

Full compensation for conforming to the provisions of this Section shall be considered as included in the unit pricing in the Cost Schedule for the various contract items of work, and no additional compensation will be allowed therefore.

4.16. PENALTIES FOR NOT MEETING TERMS
Any of the following is considered cause for penalties:
• Missing scheduled working days without providing proper notice to the City (excluding inclement weather). Proper notice is defined as reasonable, advanced, and timely, but in no case shall be less than 24 hours.
• Work found to be unsatisfactory by the City which requires the Contractor to be called back to complete the work or fix the issue.
• Not submitting reports as specified in these specifications or not containing accurate or all required information.

ITEM 9.4. ATTACHMENT 2

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• Not responding to emergency callouts in a timely manner (as specified).

The City will withhold partial payment (50%) for inadequate service until the issue is resolved or corrected.

If the Contractor violates the same specification three or more times, the City shall have the right to withhold payment of up to two times the cost of service which was scheduled for the day that each violation occured. The penalty amount shall be determined by the Contract Manager or their designee.

4.17. WATER
The Contractor shall make arrangements through the water districts to purchase water from the fire hydrants located within Rancho Cordova. The Contractor may elect to contract with one or multiple water districts.

The Contractor shall be responsible to pay for water necessary for their operations. The City will not pay additional compensation for water, and the Contractor shall include these costs in the unit pricing in the Cost Schedule.

4.18. MAINTENANCE SCHEDULE
Establishment of Schedule
Prior to performing any work under this Agreement, the Contractor shall submit a Maintenance Schedule to the Contract Manager. The schedule will be based on the Work Orders generated by the City.

Missed Sites
The City may randomly inspect all reported repairs and work orders on the day of or the day following the scheduled maintenance. If any area is not maintained or is poorly maintained, the Contract Manager will notify the Contractor of such deficiency. If the Contractor fails to correct the deficiency and advise the Contract Manager of the correction, the City may withhold partial or full payment for that site when the monthly invoice is received.

Meeting the Schedule
In the event the Contractor is prevented from completing the maintenance as provided in the schedule because of equipment breakdown or reasons other than inclement weather, the Contractor shall be required to provide replacement equipment and resume the schedule within 72 hours. The Contractor shall notify the Contract Manager of the revised schedule on or before the day that the schedule is interrupted. The Contractor may request delays in the approved schedule. Any request must be accompanied by a work plan that either makes up the schedule or justifies why the delay will not have an effect on preparation of the storm drain system for the rainy season.

4.19. REPORTING REQUIREMENTS
Weekly Schedule Report
The Contractor shall provide a schedule for each upcoming week of work. The Contractor may ITEM 9.4. ATTACHMENT 2

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not schedule work on weekends and their workers’ holidays unless specifically approved by the City. The Contractor may schedule work on City holidays.

The Contractor may use any format with prior approval by the City, but the following information must be provided:

A. Day of the week
B. City’s WO number (if previously assigned)
C. Public works service area
D. Maintenance type
E. Vehicles & operator

Monthly Facility Inspection Report
A monthly facility inspection report for all structures maintained and/or inspected shall be submitted in an electronic format to the City every month during which work was performed.

The Contractor will be required to submit detailed results of work in a City approved electronic format each week or more frequently if requested by the City. The City will work with the Contractor to define the requirements and process of the electronic submittal to facilitate automation of the process.

The City will supply the Contractor with the list of fields to be captured and the acceptable value of the fields for the electronic reporting. The Contractor shall follow NASSCO’s Pipeline Assessment and Condition Program standard codes and fields to standardize the data.

4.20. QUANTITIES
The quantities shown in this RFP are given to provide proposers with an indication of potential work and the order of magnitude and scope of work. The actual amount of work done under this contract may differ from the quantities shown. The City does not expressly or by implication agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as directed by the Contract Manager.

4.21. EMERGENCY WORK
Emergency Work includes unforeseen/unscheduled maintenance related tasks that must be performed on short notice due to potential impacts on public safety and convenience. This item is considered to be a safety concern. When notified by the City to respond to an emergency situation, the Contractor shall be required to respond at any location within the City within NINETY MINUTES (90 MIN) or less from the time of notification.

The Contractor shall maintain a communication system, including local telephone number, where they can be reached twenty-four (24) hours per day, seven (7) days a week, including Holidays. This contract requires the Contractor to purchase and operate at their own expense, cell phone communication devices with each emergency response vehicle.

Tasks: Generally, Emergency Work procedures shall include, but are not limited to, the following steps:
• Receipt and confirmation of the requested task;
ITEM 9.4. ATTACHMENT 2

Page | 26
• Initial response to maintenance site and evaluation of problem & site conditions; • Implementation of appropriate traffic controls;
• Perform the requested task;
• Field check for proper operation, and restore site to a safe condition; and • Logbook entry detailing time, date, and nature of maintenance task performed and verbal report to the Contract Manager if appropriate.

Response: Emergency response may be initiated by the City or the Contractor (if emergency condition observed in the field and upon notification provided to the City). The Contractor shall provide emergency response 24 hours per day, 7 days per week, including holidays. The contractor must also have a supervisor available at all times. The response time sequence is as follows:
• The Contractor shall make the site safe immediately or as soon as possible. • The Contractor shall immediately advise the City of any emergency situation by phone and follow up with a written report by end of next business day. • Corrective action shall be taken immediately.
• Contractor shall have the capability to provide all necessary materials, equipment, and labor in time frames referenced above.

4.22. EQUIPMENT & SUPPORT MATERIALS
Unless specifically stated otherwise and agreed in writing, the Contractor is expected to provide all labor, materials and supplies required to execute contract obligations. This includes all indirect and direct costs such as bond and insurance costs, equipment, costs for running and maintaining the equipment, support facilities, oil and fuel, and water.

Construction Equipment
Pursuant to the authority contained in Section 591 of the Vehicle Code, the Department has determined that, within such areas as are within the limits of the project and are open to public traffic, the Contractor shall comply with all the requirements set forth in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code. Attention is directed to the statement in Section 591 that this section shall not relieve the Contractor or any person from the duty of exercising due care. The Contractor shall take all necessary precautions for safe operation of their equipment and the protection of the public from injury and damage from such equipment.

All vehicles used by the Contractor must be clearly identified with the name of the company.

Support Facilities
The City will not provide equipment storage, shop facilities, workspace, or office space as part of this contract. The Proposer will be responsible for providing all support facilities at their own location.

The Contractor shall maintain an office at some fixed place and shall maintain a telephone there, listed in the telephone directory under the Contractors name. The Contractor shall, at all times, have some responsible person(s) employed by the Contractor to take the necessary action regarding all inquiries and complaints that may be received from the City.

The Contractor shall furnish at his/her own expense storage and/or repair facilities for the ITEM 9.4. ATTACHMENT 2

Page | 27
vactor trucks and other equipment. The Contractor will not be required to locate such facilities within the City of Rancho Cordova, but proximity shall be such that the location of the facilities does not interfere with vactoring operations and timeliness of emergency response.

Equipment Requirements
• Equipment must conform to all federal, state, and local safety regulations. Machines must be properly registered and insured in accordance with the motor vehicle laws of California.
• Sufficient supply of spare parts must be kept on hand to ensure the timely and continuous fulfillment of this contract.
• The machinery and equipment used by the Contractor shall be modern, clean, and maintained in proper working condition at all times consistent with the current standard of the industry and subject to the approval of the City. • All vehicles used by the Contractor must be clearly identified with the name of the company and telephone number of local offices on each side of the equipment. Dump trucks shall be rated at a minimum of 28,000 lb. GVW.
• The Contractor shall use a high volume wet/dry vacuum truck with a minimum flow of 4500 cfm, 18" maximum mercury vacuum, and assorted nozzles for lines up to 36" diameter storm drain. The storm sewer jetter shall operate at a minimum of 65 gallons per minute at 2,000 psi.
• 20-yard roll-off dumpster bins (if using transfer points), unless an alternate system/process is proposed.
• The vactor truck must be equipped with a high dump (if using transfer points). • Vactor waste will not be allowed on the ground at any time.

Full compensation for conforming to the provisions of this Section shall be considered as included in the unit pricing in the Cost Schedule for the various contract items of work, and no additional compensation will be allowed therefore.

4.23. DISPOSAL OF VACTORING WASTE/WASTEWATER
The Contractor shall utilize the City’s waste bins located at the Bear Hollow Stormwater Pump Station at 10842 N. Mather Blvd in Rancho Cordova to dispose of sediment and other solids from vactoring work after liquid waste from vactor trucks has been dewatered at the nearest Sacramento Regional Wastewater Treatment Plant disposal site.

The Contractor shall comply with the City’s Municipality Wastewater Discharge Permit with Regional San and the Regional San Consolidated Ordinance. Vactoring waste shall not be accumulated directly over soil. The Contractor is not allowed to dispose of liquids associated with dewatering operations into drywells or other drainage structures.

ITEM 9.4. ATTACHMENT 2

Page | 28
Section 5 - Proposal Submittal

5.1. COVER LETTER*
Please upload a cover letter that provides a brief introduction to your firm. Please reference the Basis for Evaluation of Proposals as you are submitting your letter and all subsequent documents.
*Response required

5.2. CONTRACTOR'S LICENSE CERTIFICATION*
Any person or entity submitting a proposal on this project to engage in the business or act in the capacity of a contractor shall be licensed as a contractor in accordance with the provisions of Division 3, Chapter 9 of the California Business and Professions Code at the time of proposal submittal. A proposal submitted to the City by a contractor who is not licensed as set forth above shall be considered non-responsive and shall be rejected by the City.

As part of their proposal, the Proposer shall provide to the City their contractor's license number. The minimum license qualifications for this project include possession of a valid General Engineering Contractor, Type A license, or Pipeline Contractor, C34 license.

The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the City that the records of the California Contractors' State License Board indicate that the contractor was properly licensed at the time the proposal was submitted and the license has remained valid and good standing after award of the contract. Any proposer or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. Failure of the proposer to maintain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the proposer. *Response required

5.3. DEPARTMENT OF INDUSTRIAL RELATIONS CONTRACTORS REGISTRATION* Any person or entity submitting a proposal on this project to engage in the business or act in the capacity of a contractor shall register as a contractor in accordance with the provisions of the Department of Industrial Relations (DIR). A bid submitted to the City by a contractor who is not registered as set forth above shall be considered non-responsive and shall be rejected by the City.

Before awarding the contract for this project, the City must verify that the contractor was properly registered when the contractor submitted his/her bid on this project. In order for the City to verify the registration status of a contractor, the contractor, at the time he/she submits his/her bid for the project, shall provide to the City his/her contractor's registration number.

No proposal submitted to the City shall be invalidated by the failure of the Proposer to be registered in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state.

Any Proposer or contractor not so registered shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the DIR. Failure of the Proposer to obtain proper and adequate registration for an award of a contract shall constitute ITEM 9.4. ATTACHMENT 2

Page | 29
a failure to execute the contract and shall result in the forfeiture of the security of the Proposer.
*Response required

5.4. FIRM EXPERIENCE AND QUALIFICATIONS*
Please download the below documents, complete, and upload.

Proposer shall detail their firms experience as necessary to demonstrate satisfactory compliance with the minimum qualification requirements as listed in this RFP. Additionally, firm experience and qualifications may be used by the City as a basis for evaluation when determining the most qualified Proposers.
• Firm_Experience_and_Qualifi...
*Response required

5.5. STAFF EXPERIENCE AND QUALIFICATIONS*
Please download the below documents, complete, and upload.

Proposer shall list the names and experience/qualifications of any employees who would be responsible for undertaking the Items detailed in the Scope of Services of this RFP, should a contract be provided. Employee experience and qualifications may be used by the City as a basis for evaluation when determining the most qualified Proposers. • Staff_Experience_and_Qualif...
*Response required

5.6. SUBCONTRACTORS?*
Will you be using subcontractors to perform any of the services within the Scope of Services noted in this RFP?
Each proposer shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the Contractor in or about the Services to be performed under these specifications in excess of one-half of one percent (0.5%) of the prime Contractor’s total proposal or ten thousand dollars ($10,000.00), whichever is greater. The prime Contractor shall list the portion of the work which will be done by such Subcontractor.

If the Contractor fails to specify a subcontractor for any portion of the work to be performed under the Contract, the Contractor shall be deemed to have agreed to perform such portion itself, and the Contractor shall not be permitted to subcontract that portion of the work except under the conditions allowed by applicable law. Failure to list subcontractors that will be performing work under the contract shall be grounds to deem a proposal non-responsive.

Subcontractors shall provide all required licensing documentation to City. ☐ Yes
☐ No
*Response required
When equals "Yes"

5.6.1. Designation of Subcontractors*
ITEM 9.4. ATTACHMENT 2

Page | 30
Please download the below documents, complete, and upload. • Subcontractors.docx
*Response required

5.7. OPERATIONS PLAN DETAILS*
Please download the below documents, complete, and upload.

Proposer shall detail an inventory of equipment, location of any equipment and materials storage facilities, customer service processes and call center location (if applicable), and a draft/initial schedule of duties to demonstrate how Proposer intends to undertake Task Items detailed in the Scope of Services of this RFP, in a routine manner. The Operations Plan Details submitted may be used by the City as a basis for evaluation when determining the most qualified Proposers.
• Operations_Plan_Details.docx
*Response required

5.8. EXCEPTIONS TO AGREEMENT*
Proposers are to prepare all Cost Schedule forms based on the program specifications set forth in the RFP documents.

Will you be taking exceptions to the agreement?
A YES answer means you take exception to the RFP specifications. A "Form Exceptions to Agreement" document shall be completed and signed by an individual authorized to commit the proposer's firm to the Agreement.

A NO answer means you have complete agreement with the proposed terms, conditions, and business arrangements described in the RFP, including the attached Sample Contract. The proposer assumes the risk of all conditions foreseen or unforeseen and agrees to provide the services set forth in the Agreement under whatever circumstances may develop
☐ Yes
☐ No
*Response required
When equals "Yes"

5.8.1. Exceptions to Agreement Form & Signatures*
In the event the proposer takes exception to the RFP specifications, they may set forth those exceptions in the following manner:
▪ The exceptions are to be presented on a separate paper titled “Form Exceptions to Agreement.”
▪ Each exception must be presented separately by stating: the specific exception, the page and line numbers of the exception, the suggested changes to the program related to the exception, the suggested changes in the Agreement language related to the exception, the manner in which the proposed change would benefit the City, the customers or both, and ITEM 9.4. ATTACHMENT 2

Page | 31
the specific dollar change in each of the various service rates, as proposed by the proposer in this RFP, that would take place if the exception was accepted by the City.

NOTE: Exceptions taken without providing the required information as part of your proposal will not be considered.

Please download the below documents, complete, and upload. • Exceptions_to_Agreement.docx
*Response required

5.9. GUARANTEE REQUIREMENTS*
The City of Rancho Cordova will require all proposals be accompanied by a Bid Guarantee in the form of cash, a certified check, a cashier’s check, or a bidders bond. The Bid Guarantee shall be executed by an admitted surety insurer in favor of the City of Rancho Cordova, the amount of which shall not be less than ten percent (10%) of the submitted Cost Schedule Grand Total.

Additionally, before beginning said work, the Contractor shall file one bond with the City, made payable to the City. The bond shall be issued by a surety company authorized to do business in the State of California and shall be maintained during the entire life of the Agreement at the expense of the Contractor. The bond shall be for not less than 100% of the full five (5) year contract term price and shall guarantee the faithful performance of the Agreement.

Upload a scanned copy of your fully executed bid bond here. The original Bid Guarantee must be delivered to City Hall within 72 hours following the RFP deadline. *Response required

5.10. NON-COLLUSION DECLARATION*

NONCOLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY of RANCHO CORDOVA
DEPARTMENT OF PUBLIC WORKS.

In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer ITEM 9.4. ATTACHMENT 2

Page | 32
has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

Note:The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit.

Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on the date and time of submittal of this Proposal.
☐ Please confirm
*Response required

5.11. ADDITIONAL INFORMATION (IF NEEDED)
For any additional information requested or required by any of your provided answers please upload that additional documentation here.

5.12. SIGNATURE CERTIFICATION PAGE*
Please download the below documents, complete, and upload.

If proposer or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co-partnership, state true name of firm, also names of all individual co-partners composing the firm; if proposer or other interested person is an individual, state first and last names in full.

By my signature on this proposal I certify, under the Penalty of Perjury, that the foregoing NonCollusion Affidavit and Contractor’s License Certification along with all other statements in this proposal are true and correct.
• Signature_Certification_Pag...
*Response required

5.13. PROPOSER CONFIRMATION*
By confirming here and submitting a proposal, Proposer confirms their authority (and has uploaded necessary documentation proving such) to execute this Proposal in its entirety as submitted and enter into a contract on behalf of the Company Name stated in said Proposal.

Such confirmation will be understood as certification by the Proposer that they have completely read and understand this Request For Proposals in its entirety including any and all Addenda released prior to the time of submittal.
☐ Please confirm
*Response required
ITEM 9.4. ATTACHMENT 2

Page | 33
Section 6 - Cost Proposal
The Cost portion of this Proposal consists of a Cost Schedule with unit bid pricing and submission of Labor & Equipment rates for emergency and non-emergency maintenance services.

COST SCHEDULE
The following quantities are ESTIMATED YEARLY QUANTITIES only and are given for the purpose of comparing proposals. The City does not expressly or by implication agree that the actual amount of work will correspond with quantities given herein but reserves the right to increase and decrease the amount of any class or portion of the work as may be deemed necessary or advisable by the City. Payment will be based upon the actual quantities cleaned or repaired, unless otherwise specified. Maintenance rates may escalate annually based on San Francisco Engineering News- Record (ENR) Consumer Price Index (CPI) or 3%, whichever is less.

ITEM DESCRIPTION EST. YEARLY

QUANTITY

UNIT UNIT PRICE ITEM TOTAL
1 Cleaning Structures & Pipe 175,000 LF
2 TV Inspection 7,500 LF
3 Jetter/ Vaccum Truck - Emergency
Work
50 HOURS
4 Jetter/ Vaccum Truck - Nonemergency Work50 HOURS
TOTAL
LABOR & EQUIPMENT RATES: NON-EMERGENCY MAINTENANCE
The following hourly rates and equipment rates shall apply to all non-emergency maintenance or repair work that is not already included under the unit prices listed in the Cost Schedule.

Hourly rates and equipment rates shall include all costs to supply the necessary labor costs, insurances, and equipment including, but not limited to, overhead and profit. Payment will be based upon the actual quantities of time and materials, unless otherwise specified. Labor and equipment rates may escalate annually based on San Francisco (ENR) Consumer Price Index (CPI) or 3%, whichever is less.

ITEM DESCRIPTION UNIT UNIT PRICE
Labor
1 Foreman HOURS
2 Equipment Operator HOURS
3 Truck Driver HOURS
4 Laborer HOURS
ITEM 9.4. ATTACHMENT 2

Page | 34

ITEM DESCRIPTION UNIT UNIT PRICE
5 Flagman HOURS
Equipment
1 Pick Up HOURS
2 Dump Truck HOURS
3 Sign Truck HOURS
4 Skid-Steer HOURS
5 Excavator HOURS
6 Back Hoe HOURS
7 Skip Loader HOURS
8 Small Roller HOURS
9 Large Roller HOURS
10 Paver HOURS
LABOR & EQUIPMENT RATES: EMERGENCY MAINTENANCE
The following hourly rates and equipment rates shall apply to all emergency maintenance or repair work that is not already included under the unit prices listed in the Cost Schedule. Hourly rates and equipment rates shall include all costs to supply the necessary labor costs, insurances, and equipment including, but not limited to, overhead and profit. Payment will be based upon the actual quantities of time and materials, unless otherwise specified. Labor and equipment rates may escalate annually based on San Francisco (ENR) Consumer Price Index (CPI) or 3%, whichever is less.

ITEM DESCRIPTION UNIT UNIT PRICE
Labor
1 Foreman HOURS
2 Equipment Operator HOURS
3 Truck Driver HOURS
ITEM 9.4. ATTACHMENT 2

Page | 35

ITEM DESCRIPTION UNIT UNIT PRICE
4 Laborer HOURS
5 Flagman HOURS
6 CCTV Operator HOURS
Equipment
1 Pick Up HOURS
2 Dump Truck HOURS
3 Sign Truck HOURS
4 Skid-Steer HOURS
5 Excavator HOURS
6 Back Hoe HOURS
7 Skip Loader HOURS
8 Small Roller HOURS
9 Large Roller HOURS
10 Paver HOURS
11 CCTV Truck HOURS
ITEM 9.4. ATTACHMENT 2

SUMMARY AND OVERVIEW MAP OF CITY-MAINTAINED DRAINAGE INFRASTRUCTURE Feature Linear Feet Linear Miles
Pipes (mains and laterals) 1,339,656 253
Feature Total Number
Drop Inlets (A.K.A. Catch Basins) 7,740
Manholes 4,370
Culverts 149
Pump Stations 6
Figure 1. Capture of Rancho Cordova Public Works Viewer available through this link:
https://ranchocordova.maps.arcgis.com/apps/webappviewer/index.html?id=5302283f8fa44caca1a94f3 77ecb067f
ITEM 9.4. ATTACHMENT 2

City of Rancho Cordova
Public Works
Albert Stricker, Director of Public Works
2729 Prospect Park Drive, Rancho Cordova, CA 95670
[COASTLINE WATER RESOURCES] RESPONSE DOCUMENT REPORT
RFP No. TBD
Storm Drain Maintenance Services
RESPONSE DEADLINE: April 2, 2024 at 2:00 pm
Report Generated: Tuesday, April 23, 2024
Coastline Water Resources Response

CONTACT INFORMATION
Company:

Coastline Water Resources
Email:
[email protected]
Contact:

Mike Book
Address:
200 S. Harding Blvd
Roseville, CA 95678
Phone:

N/A
Website:

N/A
Submission Date:

Apr 2, 2024 1:50 PM
ITEM 9.4. ATTACHMENT 2

[COASTLINE WATER RESOURCES] RESPONSE DOCUMENT REPORT
RFP No. TBD
Storm Drain Maintenance Services
[COASTLINE WATER RESOURCES] RESPONSE DOCUMENT REPORT
Request For Proposal - Storm Drain Maintenance Services

ADDENDA CONFIRMATION
No addenda issued

QUESTIONNAIRE

1. Cover Letter*
Please upload a cover letter that provides a brief introduction to your firm. Please reference the Basis for Evaluation of Proposals as you are submitting your letter and all subsequent documents.

RC_Cover_Letter_4.2.24.pdf

2. Contractor's License Certification*
Pass
Any person or entity submitting a proposal on this project to engage in the business or act in the capacity of a contractor shall be licensed as a contractor in accordance with the provisions of Division 3, Chapter 9 of the California Business and Professions Code at the time of proposal submittal. A proposal submitted to the City by a contractor who is not licensed as set forth above shall be considered non-responsive and shall be rejected by the City.

As part of their proposal, the Proposer shall provide to the City their contractor's license number. The minimum license qualifications for this project include possession of a valid General Engineering Contractor, Type A license, or Pipeline Contractor, C34 license.

The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the City that the records of the California Contractors' State License Board indicate that the contractor was properly licensed at the time the proposal was submitted and the license has remained valid and good standing after award of the contract. Any proposer or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. Failure of the proposer to maintain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the proposer.

ITEM 9.4. ATTACHMENT 2

[COASTLINE WATER RESOURCES] RESPONSE DOCUMENT REPORT
RFP No. TBD
Storm Drain Maintenance Services
[COASTLINE WATER RESOURCES] RESPONSE DOCUMENT REPORT
Request For Proposal - Storm Drain Maintenance Services

839041
Click to Verify Value will be copied to clipboard

3. Department of Industrial Relations Contractors Registration* Pass
Any person or entity submitting a proposal on this project to engage in the business or act in the capacity of a contractor shall register as a contractor in accordance with the provisions of the Department of Industrial Relations (DIR). A bid submitted to the City by a contractor who is not registered as set forth above shall be considered non-responsive and shall be rejected by the City.

Before awarding the contract for this project, the City must verify that the contractor was properly registered when the contractor submitted his/her bid on this project. In order for the City to verify the registration status of a contractor, the contractor, at the time he/she submits his/her bid for the project, shall provide to the City his/her contractor's registration number.

No proposal submitted to the City shall be invalidated by the failure of the Proposer to be registered in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. Any Proposer or contractor not so registered shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the DIR. Failure of the Proposer to obtain proper and adequate registration for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the Proposer. 1000001124
Click to Verify Value will be copied to clipboard

4. Firm Experience and Qualifications*
Please download the below documents, complete, and upload.

Proposer shall detail their firms experience as necessary to demonstrate satisfactory compliance with the minimum qualification requirements as listed in this RFP. Additionally, firm experience and qualifications may be used by the City as a basis for evaluation when determining the most qualified Proposers.
• Firm_Experience_and_Qualifi...

Firm_Experience_and_Qualifications.docx
ITEM 9.4. ATTACHMENT 2

[COASTLINE WATER RESOURCES] RESPONSE DOCUMENT REPORT
RFP No. TBD
Storm Drain Maintenance Services
[COASTLINE WATER RESOURCES] RESPONSE DOCUMENT REPORT
Request For Proposal - Storm Drain Maintenance Services

5. Staff Experience and Qualifications*
Please download the below documents, complete, and upload.

Proposer shall list the names and experience/qualifications of any employees who would be responsible for undertaking the Items detailed in the Scope of Services of this RFP, should a contract be provided. Employee experience and qualifications may be used by the City as a basis for evaluation when determining the most qualified Proposers. • Staff_Experience_and_Qualif...

Staff_Experience_and_Qualifications.pdf

6. Subcontractors?*
Will you be using subcontractors to perform any of the services within the Scope of Services noted in this RFP? Each proposer shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the Contractor in or about the Services to be performed under these specifications in excess of one-half of one percent (0.5%) of the prime Contractor’s total proposal or ten thousand dollars ($10,000.00), whichever is greater. The prime Contractor shall list the portion of the work which will be done by such Subcontractor.

If the Contractor fails to specify a subcontractor for any portion of the work to be performed under the Contract, the Contractor shall be deemed to have agreed to perform such portion itself, and the Contractor shall not be permitted to subcontract that portion of the work except under the conditions allowed by applicable law. Failure to list subcontractors that will be performing work under the contract shall be grounds to deem a proposal non-responsive. Subcontractors shall provide all required licensing documentation to City.

Yes
DESIGNATION OF SUBCONTRACTORS*
Please download the below documents, complete, and upload. • Subcontractors.docx
RFP_Forms_Subcontractors.pdf
ITEM 9.4. ATTACHMENT 2

[COASTLINE WATER RESOURCES] RESPONSE DOCUMENT REPORT
RFP No. TBD
Storm Drain Maintenance Services
[COASTLINE WATER RESOURCES] RESPONSE DOCUMENT REPORT
Request For Proposal - Storm Drain Maintenance Services

7. Operations Plan Details*
Please download the below documents, complete, and upload.

Proposer shall detail an inventory of equipment, location of any equipment and materials storage facilities, customer service processes and call center location (if applicable), and a draft/initial schedule of duties to demonstrate how Proposer intends to undertake Task Items detailed in the Scope of Services of this RFP, in a routine manner. The Operations Plan Details submitted may be used by the City as a basis for evaluation when determining the most qualified Proposers. • Operations_Plan_Details.docx
Operations_Plan_CWR.pdfOperations_Plan_Details.docxOperations_Plan_Details.docx

8. Exceptions to Agreement*
Pass
Proposers are to prepare all Cost Schedule forms based on the program specifications set forth in the RFP documents.

Will you be taking exceptions to the agreement?
A YES answer means you take exception to the RFP specifications. A "Form Exceptions to Agreement" document shall be completed and signed by an individual authorized to commit the proposer's firm to the Agreement.

A NO answer means you have complete agreement with the proposed terms, conditions, and business arrangements described in the RFP, including the attached Sample Contract. The proposer assumes the risk of all conditions foreseen or unforeseen and agrees to provide the services set forth in the Agreement under whatever circumstances may develop
No

9. Guarantee Requirements*
Pass
The City of Rancho Cordova will require all proposals be accompanied by a Bid Guarantee in the form of cash, a certified check, a cashier’s check, or a bidders bond. The Bid Guarantee shall be executed by an admitted surety insurer in favor of the City of Rancho Cordova, the amount of which shall not be less than ten percent (10%) of the submitted Cost Schedule Grand Total.

ITEM 9.4. ATTACHMENT 2

[COASTLINE WATER RESOURCES] RESPONSE DOCUMENT REPORT
RFP No. TBD
Storm Drain Maintenance Services
[COASTLINE WATER RESOURCES] RESPONSE DOCUMENT REPORT
Request For Proposal - Storm Drain Maintenance Services

Additionally, before beginning said work, the Contractor shall file one bond with the City, made payable to the City. The bond shall be issued by a surety company authorized to do business in the State of California and shall be maintained during the entire life of the Agreement at the expense of the Contractor. The bond shall be for not less than 100% of the full five (5) year contract term price and shall guarantee the faithful performance of the Agreement.

Upload a scanned copy of your fully executed bid bond here. The original Bid Guarantee must be delivered to City Hall within 72 hours following the RFP deadline.

Bond.pdf

10. Non-Collusion Declaration*
Pass

NONCOLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY of RANCHO CORDOVA
DEPARTMENT OF PUBLIC WORKS.

In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

ITEM 9.4. ATTACHMENT 2