Rocklin City Council
January 24, 2023

Reso. No.

Section 3. The Subdivision Improvement Agreement attached hereto as Exhibit “B” and by this reference incorporated herein is hereby approved and the City Manager is authorized and directed to execute the agreement on behalf of the City.

Section 4. The City Clerk is hereby authorized and directed to record the final map for the Subdivision, and all related documents referred to in this Resolution, in the Office of the Placer County Recorder when fully executed and notarized.

PASSED AND ADOPTED this 24th day of January, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
_______________________________________
Ken Broadway, Mayor
ATTEST:
______________________________
Hope Ithurburn, City Clerk
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Reso. No.

EXHIBIT A

FINAL MAP
159

Reso. No.

EXHIBIT B

SUBDIVISION IMPROVEMENT AGREEMENT
160
Recording Requested by
and Return to:

City Clerk
City of Rocklin
3970 Rocklin Road
Rocklin, CA 95677
No Fee Per Gov’t Code §27383
Subdivision Name: Croftwood Phase 4
Subdivision No.: SD-88-05 / SPU-91-04
Recorded at: Book _________________ of Maps, at Page
_______________, Placer County Recorder
Principal: Crowne Properties Inc, a California Corporation Effective Date: January 24th , 2023

SUBDIVISION IMPROVEMENT AGREEMENT
This Subdivision Improvement Agreement (“Agreement”) is entered into by and between the City of Rocklin, hereinafter called "City," and Crowne Properties Inc, a California Corporation hereinafter called "Principal," on the 24 th day of January, 2023.

RECITALS

1. Principal has received approval from City of a tentative Subdivision Map commonly known as Croftwood Phase 4 (also known as, Crowne Point Phase 1 Unit 4) ("the Subdivision").

2. Principal wishes to have filed for record a final Subdivision Map, ("the Map"), in substantial conformity with the approved tentative Subdivision Map. A copy of the plat of the Map is attached hereto as Exhibit “1” and is incorporated herein by this reference.

3. City has approved the Map, subject to the execution of this Agreement.

4. Principal is willing to execute this Agreement as a condition precedent to the recording of the Map.
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5. The authority for this Agreement is set forth in the Subdivision Map Act ("the Map Act") (Government Code section 66410 et seq.) and Title 16 of the Rocklin Municipal Code ("Title 16").

AGREEMENT

6. Improvements. Principal agrees to complete all the works of improvement (“Improvements") required for the Subdivision as shown on the final improvement plans for the Subdivision submitted to and approved by the City Engineer and on file in the office of the City Engineer, in accordance with the requirements of the Map Act, Title 16, and the Standard Specifications of City in effect at the time of the installation of the Improvements. Such work will be completed within 18 months of the date of this Agreement.

7. Acceptance of Improvements upon Completion. Upon satisfactory completion of the Improvements in accordance with the approved improvement plans, the Standard Specifications and the conditions of approval of the tentative Subdivision Map, City agrees to issue a Notice of Completion of the work and accept any on-site or off-site easements, subject to the provisions of Paragraph 9 hereof.

8. Notice Regarding Construction. Principal shall notify the City Engineer 48 hours prior to commencement of construction of the Improvements.

9. Warranty. Principal agrees to remedy any defects in the Improvements arising from faulty or defective design or construction of said Improvements occurring within twelve (12) months after acceptance thereof has been given in writing by the City Council.

10. Indemnity and Hold Harmless. Principal agrees to and shall defend, indemnify and hold harmless City, its officers, employees, agents and volunteers from and against all claims, damages, losses and expenses, including attorney’s fees and litigation costs and expenses, arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of Principal, any subcontractor of Principal, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence or willful misconduct of City. Lack of insurance coverage does not negate Principal’s obligation under this paragraph or this Agreement.

11. Delay. If the construction of the Improvements shall be delayed without fault of Principal, the time for completion thereof may be extended by City for such period of time as City may deem reasonable.

12. Security. Principal shall furnish to City security to ensure the faithful performance of all duties and obligations of Principal herein contained. Such improvement security shall be in a form acceptable to the City Attorney. Such security shall be either a corporate surety bond, a letter of credit or other instrument of credit issued by a banking 162
institution subject to regulation by the State or Federal government and pledging that the funds necessary to carry out this Agreement are on deposit and guaranteed for payment, or a cash deposit made either directly with the City or deposited with a recognized escrow agent for the benefit of the City. Such security shall be in the following amounts for the following purposes:
(a) Performance: One hundred percent (100%) of the estimated cost of the outstanding Improvements securing performance of this Agreement, which estimated cost is in the amount of: NINE HUNDRED SIXTY-FIVE THOUSAND FIVE HUNDRED AND NINE dollars ($965,509.00).
(b) Payment of Labor and Materials: One hundred percent (100%) of the estimated cost of the outstanding Improvements, as set forth in Paragraph (a) immediately preceding, securing payment to the contractor of Improvements, to his subcontractors, and to persons furnishing labor, materials, or equipment to them. (c) Warranty: The amount of ONE HUNDRED NINETY-THREE THOUSAND ONE HUNDRED AND TWO dollars ($193,102.00) to guarantee and warrant the Improvements for a period of one (1) year following the completion and acceptance of the Improvements against any defects in the improvement design, the work, or the labor done, or defects in materials furnished. This security need not be furnished prior to completion of the Improvements, but must be provided prior to their acceptance. (d) Survey Monumentation: One hundred percent (100%) of the estimated cost of the installation of survey monuments, which estimated cost is in the amount of FOUR THOUSAND dollars ($4,000.00).

13. Irrevocability of Security. The improvement security furnished pursuant to Paragraph 12 shall be irrevocable, shall not be limited as to time (except as to the 1-year period specified in Paragraph 9), and shall provide that it shall be released, in whole or in part, only upon the written approval of the City Engineer or delegate.

14. Actions. At City's option, any action by any party to this Agreement, or any action concerning the security furnished pursuant to Paragraph 12, shall be brought in the appropriate court of competent jurisdiction within the County of Placer, notwithstanding any other provision of law which may provide that such action may be brought in some other location.

15. Inspection; Release of Security For Faithful Performance. Principal may, from time to time, request the City Engineer to inspect the Improvements as they progress. The City Engineer may, if the work is found by City Engineer to be in accordance with the Standard Specifications, choose to accept so much of that work as is completed, and authorize a release pro tanto of the security provided pursuant to Paragraph 12(a); provided, however, that in no 163
event shall the release of more than eighty (80%) of the improvement security be authorized until all the work has been completed and accepted.

16. Release of Remaining Security For Faithful Performance: Warranty. At the conclusion of the construction of the Improvements, and upon written acceptance of them by the City Council and approval of a Notice of Completion, the City Engineer shall authorize the release of the security provided pursuant to Paragraph 12(a) upon the furnishing of the warranty security as required by Paragraph 12(c).

17. Release of Security Where Other Agency Approval Required. Notwithstanding paragraphs 15 and 16, where any portion of the Improvements is subject to approval by another agency, no release of security equal to the value of those Improvements shall be made until the work is completed to the satisfaction of such other agency. Such other agency shall have two (2) months after completion of the performance of the obligation in which to register satisfaction or dissatisfaction. If at the end of that period it has not registered satisfaction or dissatisfaction, it shall be conclusively deemed that the performance of the obligation was done to its satisfaction.

18. Release of Labor and Materials Security. Ninety (90) days after a notice of completion is filed with respect to the Improvements, the City Engineer may authorize the release of the security given to secure payment for labor and materials as provided in Paragraph 12(b) of this Agreement, in the event that no claims have been filed against said security. In the event that claims or actions are filed against the security, the City Engineer may release so much of such security as is in excess of the total of the claims made against it.

19. Insurance. Principal shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Principal, its agents, representatives, or employees.

A. Minimum Scope and limit of Insurance

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 00 01 covering any auto (Code 1), or if Principal has no owned autos, covering hired (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
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3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If Principal has no employees, Principal must notify City if an employee is hired, verify proof of coverage for any subcontractors, and agrees to hold City harmless and defend City from claims arising from failure to provide workers’ compensation benefits.

If the Principal maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Principal. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

B. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Principal including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Principal’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

2. Primary Coverage. For any claims related to this contract, the Principal’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, or volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Principal’s insurance and shall not contribute with it.

3. Notice of Cancellation. Each insurance policy required above shall provide that coverage and shall not be canceled, except with 30 days’ notice to the City, with ten days’ for notice of cancellation due to non-payment.

4. Waiver of Subrogation. Principal hereby grants to City a waiver of any right to subrogation which any insurer of said Principal may acquire against the City by virtue of the payment of any loss under such insurance. Principal agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. The City may require the Principal to purchase coverage with a lower retention or to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, 165
or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

6. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

7. Claims Made Policies. If any of the required policies provide coverage on a claims made basis:
i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Principal must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

8. Verification of Coverage. Principal shall furnish the City with original Certificate of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Principal’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

9. Subcontractors. Principal shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Principal shall ensure that City is an additional insured on insurance required from subcontractors.

10. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

20. Monuments. Principal agrees to install, on or before Notice of Completion, such survey monuments as may be required by the City Engineer. Upon the installation of such monuments, and their acceptance by the City Engineer, the security provided therefor shall be released.
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21. Failure of Performance. In the event Principal fails to perform one or more of the conditions herein, City shall have recourse to the security given to guarantee the performance of such acts. City shall have recourse against so much of the security as is necessary to discharge the responsibility of Principal hereunder. City shall have recourse against Principal for any and all amounts necessary to complete the obligations of Principal in the event the security therefore is insufficient to pay such amounts. All administrative costs incurred by the City, in addition to the costs of the Improvements, shall be a proper charge against the security and/or Principal.

22. Attorney's Fees. If the services of any attorney are required by any party to secure the performance of this Agreement or otherwise upon the breach or default of another party, or if any judicial remedy or arbitration is necessary to enforce or interpret any provisions of this Agreement or the rights and duties of any person in relation to this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and other expenses, in addition to any other relief to which such party may be entitled. Prevailing party includes (a) a party who dismisses an action in exchange for sums allegedly due; (b) the party that receives performance from the other party of an alleged breach of covenant or a desired remedy, if it is substantially equal to the relief sought in an action; or (c) the party determined to be prevailing by a court of law.

Whenever provision is made in this Agreement for the payment of attorney's fees, such fees shall be payable whether the legal services are rendered by a salaried employee for the party or by independent counsel and shall include such fees as are incurred in connection with any pretrial proceeding, trial or appeal of the action.

Any award of damages following judicial remedy or arbitration as a result of the breach of this Agreement or any of its provisions shall include an award of prejudgment interest from the date of the breach at the maximum amount of interest allowed by law.

23. Agreement Binding on Successors, Etc. This Agreement shall be binding upon all the heirs, successors, and assigns of either party, and the same shall be recorded in the office of the Recorder of Placer County upon its execution, and shall be a covenant running with the land and equitable servitude upon the parcel or parcels of real property subdivided by the Map.

24. Subdivision Map Act Controlling. To the extent any provision of this Agreement conflicts with any provision of the Map Act, the applicable provision of such Act shall control, and no action taken pursuant to this Agreement which conflicts with any provision of the Map Act shall relieve the person taking such action from compliance with the provisions of the Map Act.

25. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights 167
upon the default of the other party shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.

26. Other Provisions: N/A
WHEREFORE, the parties hereto have executed this Agreement on the day and in the year first above written.

CITY OF ROCKLIN
By:_____________________________________________
Aly Zimmermann, City Manager

PRINCIPAL

CROWNE PROPERTIES INC, A CALIFORNIA CORPORATION
By:_____________________________________________
Jay Timothy Lewis
President
APPROVED AS TO FORM:

Sheri Chapman, City Attorney
ATTEST:
_____________________________
Hope Ithurburn, City Clerk
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ATTACH CURRENT NOTARY

ACKNOWLEDGEMENT FORM

FOR CITY OF ROCKLIN
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ATTACH CURRENT NOTARY

ACKNOWLEDGEMENT FORM

FOR PRINCIPAL
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171
BOOK___OF MAPS, PAGE___
CENTERPOINT ENGINEERING, INC.

CROFTWOOD PHASE 4(CROWNE POINT PHASE 1 UNIT 4)
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PARCEL 3
POR. LOTS 13 & 14
1987 O.R. 33226271976 O.R.1703521 PARCEL APARCEL A
CROFTWOOD SUBDIVISION PHASE IBB B.M. 5
CROWNE POINT PHASE I UNIT 3BDD B.M. 80

SECRET PRESERVE COURT

CROWNE POINTCOURTSECRETPRESERVEDRIVE
BOOK___OF MAPS, PAGE___
CENTERPOINT ENGINEERING, INC.

CROFTWOOD PHASE 4(CROWNE POINT PHASE 1 UNIT 4)
173
SECRET PRESERVE COURTSECRET PRESERVE CT.

SECRETPRESERVEDRIVECROWNE POINTCOURTCROWNE POINTCOURTSECRET PRESERVEDRIVE

SECRETPRESERVE COURT
BOOK___OF MAPS, PAGE___
CENTERPOINT ENGINEERING, INC.

CROFTWOOD PHASE 4(CROWNE POINT PHASE 1 UNIT 4)

DETAIL 'A'
S H E E T 4

DETAIL 'B'
174

SECRET PRESERVE DRIVE

TREE SWALLOW CIRCLE

SECRET PRESERVE COURT
BOOK___OF MAPS, PAGE___
CENTERPOINT ENGINEERING, INC.

CROFTWOOD PHASE 4(CROWNE POINT PHASE 1 UNIT 4)
S H E E T 3

DETAIL 'D'

SECRET PRESERVE DRIVE

DETAIL 'C'
175
BOOK___OF MAPS, PAGE___
CENTERPOINT ENGINEERING, INC.

CROFTWOOD PHASE 4(CROWNE POINT PHASE 1 UNIT 4)
176
City Council Regular Meeting
Staff Report

Subject:

Presentation of the Rocklin Police Department's Community Oriented Policing and Problem Solving (C.O.P.P.S.) Unit
Date:

January 24, 2023
Submitted By:

Lieutenant Neil Costa
Department:

Police
Recommendation:

Receive a presentation from the Rocklin Police Department.

Item Number 3.B

177
City Council Regular Meeting
Staff Report

Subject:

Appeal of the Planning Commission's Approval of a Specific Plan Use Permit Amendment for the Pottery World Highway Wall

Specific Plan Use Permit Amendment, SPU-98-01A
Date:

January 24, 2023
Submitted By:

David Mohlenbrok, Director of Community Development
Bret Finning, Planning Services Manager
Nathan Anderson, Senior Planner
Department:

Community Development
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Granting or Denying the Appeal, and Either Affirming, Modifying, or Reversing the Planning Commission's Approval of Specific Plan Use Permit Amendment for the Pottery World Highway Wall.

Background:

See Attachment number 1, Staff Report, which is separately attached to maintain the integrity of document formatting.

Pursuant to the Rocklin Municipal Code section 17.86.050, the the City Council shall hear the matter de novo, and make any order it deems just and equitable.

Item Number 4.A

ATTACHMENTS:

1. Staff Report - Pottery World Appeal

1.1 Attachment 1 to the Staff Report - Planning Commission Staff Report - 10/18/22

1.2 Attachment 2 to the Staff Report - Planning Commission Resolution PC-2022-41

1.3 Attachment 3 to the Staff Report - Request for Appeal

1.4 Attachment 4 to the Staff Report - Draft Resolution for Approval of the Appeal

1.5. Attachment 5 to the Staff Report - Draft Resolution for Denial of the Appeal 178

City Council Report
Pottery World Highway Wall – Appeal
January 24, 2023

City Council
Staff Report

Subject: Pottery World Highway Wall Appeal
Specific Plan Use Permit Amendment, SPU-98-01A

Date: January 24, 2023

Submitted by: David Mohlenbrok, Community Development Director Bret Finning, Planning Services Manager
Nathan Anderson, Senior Planner

Department: Community Development Department

Action

Under an appeal, the City Council considers the original project request in its entirety “De Novo” (“anew” or “from the beginning”) and then takes whatever action it deems appropriate.

Proposal/Appeal

This is a request for an appeal of an action taken on October 18, 2022 by the Planning Commission. The full project is discussed in detail within the Planning Commission Staff Report, which is included as Attachment 1.

The project site is located at 4419 Granite Drive; Assessor’s Parcel Number (APN) 045 -021-039.

The applic ation considered by the Planning Commission was a request for approval of an amendment to the Specific Plan Use Permit for the Pottery World project, originally approved in 1998 (Resolution No. PC-98-19). The proposed amendment (Resolution PC-2022-41; Attachment 2) provided for removal of an existing open view tubular steel fence and, subject to Caltrans approval, removal of the existing Caltrans chain link fence, both located along the project site frontage with Highway 80 , and replacement of these fen ces with an approximately 8 -foot tall concrete masonry unit (CMU) wall interspersed with decorative tubular steel fencing sections and landscaping.

Along the solid sections of the wall, the applicant proposed to install six 14.5’ x 7.5’ product placards and one 25’ x 7.5’ product placard, all framed by aluminum and attached to the masonry wall. These seven total placards were intended to illustrate various “Pottery World” items, such 179

City Council Report
Pottery World Highway Wall – Appeal
January 24, 2023

as patio furniture, café, pottery, fountains, boutique, home décor, etc., but would not be allowed to include any corporate or commercial branding, logos, or text. See Figure 1.

Figure 1 – Proposed CMU Wall (7 Placards)

During its deliberation, the Planning Commission stated that the modification is a major improvement to the fencing which currently exists on the site and that the wall is consistent with the building and other businesses’ marketing strategies. However, two of the Commissioners stated that the seven proposed placards made the wall look “too busy” and that their preference would be to reduce the number of total placards to five (Figure 2).

Figure 2 – Approved CMU Wall (5 Placards)

After deliberations, the Planning Commission voted 5 -0 to approve the project with a condition to limit the maximum allowed number of placards to five (5) instead of seven (7).

Request for Appeal

Subsequent to the Planning Commission meeting, the applicant filed a timely request for appeal along with the required fee. The appeal letter is provided at Attachment 3.

180

City Council Report
Pottery World Highway Wall – Appeal
January 24, 2023

The applicant is appealing the limitation on the maximum number of placards permitted to be mounted on the wall and is requesting that the City Council allow the use of up to seven (7) placards, as originally proposed. The applicant has stated that the seven (7) placards are necessary to convey the full range of goods available at P ottery World beyond just pottery, as implied by the business’ name.

Approval of the appeal would modify Condition of Approval 5.a of Resolution PC-2022-41 to allow for up to seven (7) total placards to be placed on the wall, as follows:

5. Placards

a. Up to five (5) seven (7) total placards may be installed on the project wall, consistent with the configuration specified in Exhibit A. (Planning)

City Council Options

The City Council could take one of several possible actions as noted below . Staff has provided draft resolutions, Attachments 4 and 5 (titles noted below), for both approval and denial , respectively, of the appeal request for the City Council’s use. If the City Council determines that the appropriate course of action is other than options 1 or 2, it will be necessary to modify one of the attached draft resolutions or, possibly, continue this item to a subsequent meeting to allow drafting of an appropriate new resolution.

1. Grant the appeal, thereby modifying the approved Specific Plan Use Permit Amendment to allow up to a maximum of seven (7) placards to be displayed on the project’s freeway facing wall instead of being limited to five (5) . In this case, Condition of Approval 5.a of Planning Commission Resolution PC-2022-41 would be modified and all other associated conditions of approval would remain in effect.

Resolution of the City Council of the City o f Rocklin Granting an Appeal and Hereby Modifying the Planning Commission Appro val of a Specific Plan Use Permit Amendment (Pottery World Highway Wall Appeal / SPU-98-01A)

2. Deny the appeal , thereby upholding the Planning Commission’s action approving the Specific Plan Use Permit Amendment with a maximum of five (5) placards allowed to be displayed on the project’s freeway facing wall. In this case, the original Planning Commission Resolution PC -2022-41 and all associated conditions of approval would remain in effect.

Resolution of the City Council of the City of Rocklin Denying an Appeal to Modify the Planning Commission Approval of a Specific Plan Use Permit Amendment (Pottery World Highway Wall / SPU-98-01A)
181

City Council Report
Pottery World Highway Wall – Appeal
January 24, 2023

3. The City Council also has the ability to take other alternative actions , such as, but not limited to, denying the proposed Specific Plan Use Permit Amendment altogether, limiting the total number of placards allowed to none or some other number different than five.

Attachments

1. Planning Commission Staff Report (10/18/22)

2. Planning Commission Resolution PC-2022-41 (10/18/22)

3. Appeal Request (10/20/22)

4. Draft resolution for approval of the appeal

5. Draft resolution for denial of the appeal

182

Planning Commission Regular Meeting
Staff Report

________________________________________________________________________

Subject: Pottery World Highway Wall
Specific Plan Use Permit Amendment, SPU-98-01A
Oak Tree Preservation Plan Permit, TRE2022-0002

Date: October 18, 2022

Submitted By: David Mohlenbrok, Community Development Director Bret Finning, Planning Services Manager
Nathan Anderson, Senior Planner

Department: Community Development Department

____________________________________________________ ____________________

Recommendation

Subject to the recommended conditions of approval, staff recommends the Planning Commission approve the following:

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROCKLIN APPROVING A NOTICE OF EXEMPTION (Pottery World Highway Wall / SPU-98-01A; TRE2022-0002)

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROCKLIN APPROVING A SPECIFIC PLAN USE PERMIT AMENDMENT AND AN OAK TREE PRESERVATION PLAN PERMIT (Pottery World Highway Wall / SPU-98-01A; TRE2022-0002)

Proposal/Application Request

This application is a request for approval of a Specific Plan Use (SPU) Permit Amendment of a project originally approved in 1998. The amended SPU Permit would allow for removal of an open view tubular steel fence currently located along the project site frontage with Highway 80 and replace the tubular steel fence with an approximately 8-foot tall concreate masonry unit (CMU) wall. Construction of the new wall would require the removal of five (5) oak trees.

General Site Information

The subject property is an approximately 3.3 -acre developed retail commercial site located at 4419 Granite Drive. The Assessor Parcel Number (APN) is 045-021-039. The existing commercial building is approximately 30,000 square feet. The project was originally approved in 1998 (Pottery World / SPU -98-01). See Attachment 1 for original approval resolution. The site is currently 183
Planning Commission Staff Report
Pottery World
October 18, 2022

utilized to sell pottery, fountains, garden ceramics, furniture, and other related items, and also includes a restaurant.

Figure 1 – Aerial Vicinity Map

Owner/Applicant

The applicant is Raymond Burriss. The property owner is Pottery World Enterprises, LLC.

Project Details

The project is proposing to modify the southern portion of the property along the frontage with Highway 80, in order to provide additional screening to the rear area of the project site and a more attractive and inviting appearance from the freeway. The project would remove an existing open view tubular steel fence currently located along the frontage with Highway 80 (Figure 2) and replace it with an approximately 8 -foot tall CMU wall along the approximately 300 linear feet southern property line.

Chain Link Fence

An existing chain link fence, which is owned by and located within the Caltrans right -of-way, is also proposed to be removed and replaced “like -for-like” with the proposed wall, subject to the approval of Caltrans. The project has been be conditioned to provide proof of Caltrans approval for the fence replacement prior to issuance of a building permit for the proposed wall.

184
Planning Commission Staff Report
Pottery World
October 18, 2022

Figure 2 – Existing Condition

Oak Tree Removal

The City of Rocklin regulates the removal of and construction within the dripline of native oak trees with a trunk diameter of 6 inches or more at 4.5 feet above ground level under the Oak Tree Preservation Ordinance and the Oak Tree Preservation Guidelines. Per the City’s Oak Tree Ordinance, the diameter at breast height (DBH) of a multiple trunk tree is the measurement of the largest trunk only, and heritage trees are defined as native oak trees with a trunk diameter of 24 inches or more.

The project is proposing to remove five (5) oak trees, which are located on the Caltrans property adjacent to the property. According to an arborist report prepared for the project, these trees vary between 20 – 36 inches DBH, and total 133 inches DBH. Photos of the state of the existing trees are included as Figure 3. The location of the existing trees is shown as Figure 4.

Figure 3 – Condition of Oak Trees

185
Planning Commission Staff Report
Pottery World
October 18, 2022

Figure 4 – Location of Oak Trees

The project submitted an Arborist Report prepared by Stephen Davis, ISA Certified Arborist, dated October 29, 2021. The report states that these five oak trees range in condition from fair to poor.

The report states that the health and vitality of the trees have been in steady decline due to the location of the trees and the site characteristics. All five of the trees have grown into the Caltrans chain link fence as well as the Pottery World fence, causing damage to both barriers, as well as to the trees th emselves. The report states that without attention, the subject trees have a high probability to cause additional structural damage to existing or future fences and walls and/or materials stored below the subject trees. The arborist recommended removal of the trees.

Because the trees are not dead or dying, the project is required to mitigate for the removal of the oak trees, consistent with the requirements of the City’s Oak Tree Preservation Ordinance (Rocklin Municipal Code Section 17.77.080.B) and established practice for commercial / industrial parcels.

The applicant has indicated that they are working with Caltrans on the process to remove these oaks trees from the site prior to removal of the existing fence/wall. The project has been conditioned to pay the applicable mitigation fees (approximately $48 per inch) and to obtain an oak tree removal permit, signed by Caltrans as the property owner, prior to the removal of any oak trees and/or issuance of a building permit for the proposed wall.

186
Planning Commission Staff Report
Pottery World
October 18, 2022

Proposed Wall Design

The project proposes to construct an 8 -foot tall CMU wall along the southern property line. The new wall would include a stucco finish to match the colors and materials of the existing building.

The project is proposing to alternate between weathered decorative tubular metal open fencing and solid sections of wall between the wall’s 14 columns . These sections are described in more detail below.

Weathered Open Fencing

The project proposes to install l andscaping consisting of flowering vines and Italian Cyprus trees behind the open weathered tubular metal fencing. The purpose for this landscaping is to add to the aesthetics of the wall, and also to screen outdoor items and materials from the highway. The applicant has not proposed any groundcover in these areas. As the new landscape areas will not be easily accessible, staff has included a condition of approval to require the planting of a tough, drought tolerant ground cover to help with weed control. Temporary solid fencing with a rust or bronze corrugated metal finish would be installed behind the landscaping to provide additional screening. The corrugated metal would be rust or bronze colored to match the open view fencing.

Once the new landscaping is mature enough to provide a sufficient visual screen, the temporary fencing would be removed. See Figures 5 and 6.

Figure 5 – Weathered Open Fencing Design (Side View)

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Planning Commission Staff Report
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October 18, 2022

Figure 6 – Weathered Open Fencing Design

Solid Wall

Along the solid sections of the wall, the applicant is proposing to install six 14.5’ x 7.5’ product placards and one 25’ x 7.5’ product placard , all attached by aluminum frames. These placards would illustrate various “Pottery World” items, such as patio furniture, café, pottery, fountains, boutique, home décor, etc., but would not be allowed to include any corporate or commercial branding or text. See Figure 7.

Figure 7 – Solid Wall with Vinyl Placards (portion)

The applicant has submitted seven images which are proposed to be installed on the wall. These images are included as Attachment 2. According to the applicant, the intent is for the placards to be changed throughout the year to reflect the seasons. The project has been conditioned that, a 188
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Pottery World
October 18, 2022

minimum of 14 days prior to the installation of any new placards, the applicant shall submit the proposed placard designs for review and approval by the Community Development Director.

The project has also been conditioned that the placards shall be well maintained and kept clean, to the satisfaction of the Community Development Department. Failure to do so may be cause for revocation of the ability to install placards on the wall.

Lighting

The placards would be i lluminated by concealed lighting fixtures installed within the wall. The lighting would be downward-facing and has been conditioned to eliminate glare onto Highway 80 or neighboring properties. Complaints about glare resulting from the wall lighting could result in modification or removal of the lighting, at the discretion of the Community Development Director.

Storage

Staff has also included a condition of approval to make clear the standards and expectations for storage and display of materials on the project site.

Architectural Review Committee

On September 1, 2022, the Architectural Review Committee (“ARC”) considered the proposed wall. The ARC was generally supportive of the design and architecture and stated that it appreciated that the new wall would provide enhanced screening from the highwa y. Some concerns were brought up that the placard images on along the wall might be too “busy”, as the project elevations at that meeting did not reflect the full elevation of the wall, but only included a preliminary rendering and photos of the proposed i mages to be used. The ARC recommended that the project provide a full elevation with all images included.

With this modification, the ARC voted 3 -0 (2 members absent) to recommend approval to the Planning Commission.

Project Modifications

Subsequent to the ARC recommendation, the applicant provided two elevations which provided different options for the wall placards. The first option includes the seven-placard version which was presented to ARC. The second option only contains five placards, to provide a comparison to the Planning Commission. A small comparison version is included as Figure 8, with a larger version included as Attachment 3.

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Planning Commission Staff Report
Pottery World
October 18, 2022

Figure 8 – Wall Placard Comparison

The applicant team has requested that it be clearly stated that the seven-placard version is their preference. Staff has included the seven -placard version of the exhibit as part of the Resolution Exhibit A. However, if the Planning Commission feels that this version of the design is too busy, staff is prepared to insert the five-placard version in its place.

General Plan and Zoning Compatibility

The project site is designated as Retail Commercial (RC) in the Rocklin General Plan and is zoned Planned Development Commercial (PD-C). The demolition of an existing fence and construction of a new wall as described above is compatible with the existing General Plan designation and Zoning.

Environmental Determination

The City of Rocklin’s Environmental Coordinator has reviewed the proposed project and determined that it is categorically exempt from review under the California Environmental Quality Act pursuant to Sections 15301 – Existing Facilities, 15302 – Replacement or Reconstruction and 15303 – New Construction or Conversion of Small Structures of California Cod e of Regulations, Title 14, Division 6, Chapter 3 . For a more in -depth discussion of the environmental evaluation and conclusion, please refer to the Notice of Exemption attached to the Resolution prepared for the proposed project.

Prepared by Nathan Anderson, Senior Planner

190
RESOLUTION PC-2022-41

RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF ROCKLIN APPROVING A SPECIFIC PLAN USE PERMIT AMENDMENT AND AN OAK

TREE PRESERVATION PLAN PERMIT

(Pottery World Highway Wall / SPU-98-01A; TRE2022-0002)

The Planning Commission of the City of Rocklin does resolve as follows:

Section 1. The Planning Commission of the City of Rocklin finds and determines that:

A. The Pottery World Specific Plan Use Permit (SPU-98-01) was approved on April 7, 1998 via Resolution No. PC -98-19 for construction of an approximately 30,000 square foot commercial building, and associated parking, landscaping, and signage, on a 3.3-acre site.

B. This Specific Plan Use Permit Amendment (SPU -98-01A) approves the demolition of an existing open view tubular steel fence currently located along the frontage of Highway 80, which was approved as part of SPU -98-01. The Amendment also approves construction of an 8- foot tall concrete masonry unit (CMU) wall in the same approximate location and approves the removal of five (5) oak trees.

C. A Notice of Exemption has been approved for this project via Planning Commission Resolution No. PC-2022-40.

D. The design is compatible with the existing retail commercial building, and with the surrounding development, natural features and constraints. The new wall has been designed to match the colors and materials of the existing building. Further, the solid wall would effectively screen storage materials from the view of Highway 80, pursuant to City regulations. While the project would require the removal of five (5) oak trees, the trees would be mitigated consistent with the requirements of the City’s Oak Tree Preservation Plan. Therefore, these modifications are considered to be consistent with the building , natural features, constraints, and with the surrounding office complex.

E. The height, bulk, area, color scheme and materials of the modifications are compatible with the existing retail complex and with the surrounding development. The removal of an existing fence and replacement with a wall in approximately the same location w ould not impact the height, bulk, area, or color scheme/materials of the building or surrounding complex.

F. The design of the modifications is consistent with the goals, policies, and land use designations in the General Plan and with all zoning standards, regulations, and restrictions applicable to the property. The wall will help to screen existing materials on the site from Highway 80. The design is consistent with requirements of the Rocklin Municipal Code, as well as 191

Reso. No. PC-2022-41
the approved Specific Plan Use Permit for the original project (SPU-98-01). The proposed wall is consistent with the goals, policies, and land use designations in the General Plan , and with all zoning standards, regulations, and restrictions applicable to the property.

G. The removal of an existing fence and replacement with a wall on approximately the same footprint would not change the o rientation of the existing buildings and structures (with emphasis on energy consumption for heating, cooling, lighting) in any way.

H. The project is consistent with the dimensions and placement of signs and graphics.

The project would install multiple placards along the wall. The concept and some of the possible images of the placards have been reviewed by the Planning Commission, and it has been determined that the dimensions, placement, and design of the placards are compatible with the proposed buildings and structures and the surrounding development and environment.

I. The project would be consistent with the style, type and orientation of lighting on the site. The wall would include concealed lighting fixtures, which would provide illumination to the placards. The lighting fixture has been designed to be downward facing and to not impact the highway or neighboring properties.

J. The proposed modifications would not significantly modify the existing project landscaping (with emphasis on aesthetics, use of water and maintenance needs) . While the project would remove five (5) oak trees, additional landscaping and screening would be provided within open view portions of the wall. This landscaping is compatible with surrounding development and has been designed with provisions for minimizing water usage and maintenance needs.

Section 2. The Specific Plan Use Permit Amendment for Pottery World Highway Wall / (SPU-98-01A; TRE2022-0002) as depicted in Exhibit A, attached hereto and by this reference incorporated herein, is hereby approved subject to the conditions listed below. The approved Exhibit A shall govern the design and construction of the project. Any condition directly addressing an element incorporated into the approved E xhibit A shall be controlling and shall modify the approved Exhibit A. All other plans, specifications, details, and information contained within Exhibit A shall be specifically applicable to the project and shall be construed as if directly stated withi n the conditions for approval. Unless otherwise expressly stated, the applicant / developer shall be solely responsible for satisfying each condition prior to a final Building Permit Inspection or Issuance of a Certificate of Occupancy as applicable . The age ncy and / or City department(s) responsible for ensuring implementation of each condition is indicated in parenthesis with each condition.

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Reso. No. PC-2022-41
A. Notice to Applicant of Fees & Exaction Appeal Period

The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code §66020(d), these conditions constitute written notice of the amount of such fees, and a description of the dedications, reservations, and other exactions.

The applicant is hereby notified that the 90 -day protest period, commencing from the date of approval of the project, has begun. If the applicant fails to file a protest regarding any of the fees, dedication requirements, reservation requirements or other exaction contained in this notice, complying with all the requirements of Government Code §66020, the applicant will be legally barred from later challenging such exactions.

B. Conditions

1. Prior Conditions of Approval

All conditions of project for the Pottery World as contained in Specific Plan Use Permit (SPU-98-01) approved on April 7, 1998 , via Resolution No. PC -98-19 and related exhibits, shall remain in full force and effect except as modified herein and by Exhibit A of this resolution.

2. Grading and Drainage

A. Prior to any grading, site improvements, or other construction activities associated with this project, a building permit, consistent with the exhibits and conditions incorporated as a part of this entitlement, and in compliance with all applicable city standards, shall be prepared for the review and approval of the Chief Building Official and the Community Development Director. Said building permit shall specifically include, but is not limited to, a detailed grading and drainage plan prepared by a registered civil engineer. (BUILDING, PLANNING)

B. Prior to any grading, site improvements, or other construction activities, the project shall provide a letter from Caltrans authorizing removal and replacement of the chain link fence within its right-of-way, consistent with Exhibit A. (BUILDING, PLANNING)

3. Geotechnical Study

Prior to any grading or construction activities including issuance of improvement plans or issuance of a building permit, the applicant shall submit a design-level soil investigation for the review and approval of the City Engineer and/or Chief Building Official that evaluates so il and rock conditions, particularly the potential for expansive soils. The professional engineer that prepared the soil investigation 193

Reso. No. PC-2022-41
shall recommend appropriate construction and foundation techniques and other best practices that are to be implemented by the project during construction.

These techniques and practices shall address expansive soils or other geological concerns requiring remediation, including but not limited to: (BUILDING,

ENGINEERING)

a. Recommendations for building pad, footing, and retaining wall construction; b. Use of soil stabilizers or other additives; and
c. Recommendations for surface drainage.

4. Landscaping

a. Final landscape plans shall be provided by the developer and approved by the Director of Community Development. The landscape plans shall comply with the following requirements: (PLANNING)

i) The landscaping plan shall be prepared by a landscape architect and shall include:

1) Plant material information shall adhere to the following:

a) A legend of the common and botanical names of specific plant materials to be used , including in the planters at the front of the store . The legend should indicate the nursery container size of plant materials , the size at maturity, and include a graphic symbol for each plant type:

Flowering vines shall be a minimum of five (5) gallon and trees a minimum of 24-inch box and meet the minimum
height specified by the American Standards for Nursery
Stock. Groundcover spacing shall be sufficient to achieve adequate cover upon establishment of the plants.

b) Final plant selections shall be based on the approved Planting Legend and shall incorporate a variety of plants from each plant type.

c) The landscape architect shall provide a note on the
landscape plans which confirms that plant materials consist of a tough, drought tolerant ground cover to help with
weed control.

2) A section diagram of proposed tree staking.

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3) An irrigation plan including an automatic irrigation system. The plan shall include drip irrigation wherever possible.

ii) The plan s hall be certified by the landscape architect that the landscape plan meets the requirements of the Water Conservation in Landscaping Act(Government Code §65591, et seq.).

b. All landscaping shall be installed and the landscape architect shall certify, in writing, that the landscaping and irrigation system have been installed in full compliance with the approved plans prior to final approval. (PLANNING)

5. Placards

a. Up to five (5) total placards may be installed on the project wall, consistent with the configuration specified in Exhibit A. (PLANNING)

b. Placards may show photographs of products associated with Pottery World, including not limited to items such as patio furniture, pottery, fountains, home décor, etc., but shall not include any corporate or commercial names, logos, branding or text. (PLANNING)

c. A minimum of 14 days prior to the installation of any new placards, the applicant shall submit the proposed placard designs to the Planning Department for review and approval. (PLANNING)

d. All placards shall be well -maintained and kept clean, to the satisfaction of the Community Development Director. (PLANNING)

e. Failure to comply with any of the above conditions may be cause for revocation of placard installation on the wall, at the discretion of the Community Development Director. (PLANNING)

6. Oak Trees

a. Prior to the issuance of a building permit, improvement plans, grading permits, or to any grading, site improvements, or other construction activities associated with the project, the removal of the five (5) oak trees on or near the project site indicated as “to be removed” on Exhibit A, shall be mitigated as follows:
(BUILDING, PLANNING, ENGINEERING)

Prior to the issuance of improvement plans or grading permits, the applicant shall pay a mitigation fee for the removal of oak trees calculated at a rate of $48 per inch of Total Diameter at Breast Height (TDBH) of replacement trees required, and 195

Reso. No. PC-2022-41
to that end the project arborist shall provide the following as part of an Oak Tree Removal Permit:

• The total number of surveyed oak trees;
• The total number of oak trees to be removed;
• The total number of oak trees to be removed that are to b e removed because they are sick or dying, and
• The total, in inches, of the trunk diameters at breast height (TDBH) of all surveyed oak trees on the site in each of these categories.

b. The developer shall retain a certified arborist to prepare an oak tree removal plan which shall be included in the building permit and / or improvement plans prepared for the project that provides the above mitigation information. (ENGINEERING, PLANNING)

c. The Oak Tree Removal Permit shall be signed by a representat ive of Caltrans as the property owner. (PLANNING)

7. Temporary Fencing

a. The project shall install temporary solid fencing with a rust or bonze colored corrugated metal finish behind the landscaping to provide additional screening while the landscaping comes to maturity. (PLANNING)

b. Prior to removal of the temporary solid fencing, the project shall provide photographs to the Community Development Department which show that the landscaping has matured to a level which properly screens the interior of the site from Highway 80 along the open view portions of the wall. Staff shall review the photographs and/or visit the site, and make a determination that the project complies with this screening requirement prior to authorizing removal of the temporary solid fencing. (PLANNING)

c. In the event that the landscaping fails subsequent to removal of the temporary solid fencing , the Community Development Director may require it to be reinstalled until such time as the landscaping is restored.

8. Storage

All materials stored or displayed on the on the Pottery World site shall comply with the following (PLANNING):

a. Shall be located no less than 90 feet from the Granite Drive property line.

b. Shall not block parking spaces, drive aisles, or pedestrian walk ways. 196

Reso. No. PC-2022-41

c. Shall not block designated Fire access lanes.

d. Shall not be stacked or shelved higher than the perimeter walls of the site.

e. Shall not be visible from Highway 80.

9. Lighting

Lighting installed within the wall shall be downward-facing and shall not provide any glare onto Highway 80 or neighboring properties. Complaints about glare resulting from wall lighting could result in modification or removal of the lighting, at the discretion of the Community Development Director. (PLANNING)

10. Indemnification and Duty to Defend

Within 30 days of approval of this entitlement by the City, the applicant/property owner shall execute an Indemnity Agreement, approved by the City Attorney’s Office, to indemnify, defend, reimburse, and hold harmless the City of Rocklin and its agents, officers and employees from any claim, action, or proceeding against the City of Rocklin to set aside, void or annul an approval of the entitlement by the City’s Planning Commission or City Council, which action is brought within the time period provided for in Section 66499.37 of the Government Code. The City will promptly notify the applicant of any such claim, action or proceeding, and the City will cooperate in the defense of the claim, action or proceeding. Unless waived by the City, no further processing, permitting, implementation, plan checking or inspections related to the entitlement shall be performed by the City if the Indemnity Agreement has not been fully executed within 30 days. (CITY ATTORNEY)

11. Validity

This entitlement shall expire three years from the date of approval unless prior to that date a building permit has been issued or a time extension has been granted. (PLANNING)

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Reso. No. PC-2022-41

PASSED AND ADOPTED this 18th day of October, 2022, by the following vote:

AYES: Commissioners: Armstrong, Barron, Cortez, Hess, McKenzie NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None

____________________________________
Gregg McKenzie, Chairperson

ATTEST:

_____________________________
Terry Stemple, Secretary
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to Reso. No. PC-2022-41

EXHIBIT A

Specific Plan Use Permit Amendment, SPU-98-01A

Pottery World Highway Wall

199
200
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

GRANTING AN APPEAL AND HEREBY MODIFYING THE PLANNING COMMISSION APPROVAL

OF A SPECIFIC PLAN USE PERMIT AMENDMENT
(Pottery World Highway Wall Appeal / SPU-98-01A)
The City Council of the City of Rocklin does resolve as follows:

Section 1. The City Council of the City of Rocklin finds and determines that:

A. The Pottery World Specific Plan Use Permit (SPU-98-01) was approved on April 7, 1998 via Resolution No. PC-98-19 for construction of an approximately 30,000 square foot commercial building, and associated parking, landscaping, and signage, on a 3.3-acre site.

B. The Planning Commission approved a Specific Plan Use Permit Amendment (SPU- 98-01A) on October 18, 2022 via Resolution No. PC-2022-41. The amendment approved the demolition of an existing open view tubular steel fence currently located along the frontage of Highway 80, and the construction of an 8-foot tall concrete masonry unit (CMU) wall in the same approximate location, the removal of five (5) oak trees, and placement of a maximum of five (5) product placards on the masonry wall consistent with the approved project exhibit.

C. A Notice of Exemption was approved for this project via Planning Commission Resolution No. PC-2022-40.

D. The applicant filed a timely request for appeal with the required fee on October 20, 2022. The appeal requested to modify the project conditions of approval to allow for the placement of seven (7) product placards instead of five (5), as approved by Planning Commission.

Section 2. The Appeal to modify an approved Specific Plan Use Permit Amendment (SPU-98-01A) as depicted in Exhibit A, attached hereto and by this reference incorporated herein, is hereby granted. The approved Exhibit A shall govern the design and construction of the project, in conjunction with the approvals granted as part of Resolution No. PC-2022-41. 201

of Reso No.

PASSED AND ADOPTED this 24th day of January, 2023, by the following vote:

AYES: Councilmember(s):

NOES: Councilmember(s):

ABSENT: Councilmember(s):

ABSTAIN: Councilmember(s):
____________________________________
Ken Broadway, Mayor
ATTEST:
_____________________________
Hope Ithurburn, City Clerk
202

To Reso No.

EXHIBIT A
1) Condition of Approval 5.a of Resolution PC-2022-41 is hereby modified as follows:

5. Placards
a. Up to five (5) seven (7) total placards may be installed on the project wall, consistent with the configuration specified in Exhibit A. (Planning) All other conditions of approval previously approved as part of Resolution PC-2022-41 shall remain valid.
2) Exhibit A of Resolution PC-2022-41 is hereby modified to remove the following figure and replace is with the figure below:

Remove – Approved CMU Wall (5 Placards)
Replace – Modified CMU Wall (7 Placards)
203
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

DENYING AN APPEAL TO MODIFY THE PLANNING COMMISSION APPROVAL

OF A SPECIFIC PLAN USE PERMIT AMENDMENT
(Pottery World Highway Wall / SPU-98-01A)
The City Council of the City of Rocklin does resolve as follows:

Section 1. The City Council of the City of Rocklin finds and determines that:

A. The Pottery World Specific Plan Use Permit (SPU-98-01) was approved on April 7, 1998 via Resolution No. PC-98-19 for construction of an approximately 30,000 square foot commercial building, and associated parking, landscaping, and signage, on a 3.3-acre site.

B. The Planning Commission approved a Specific Plan Use Permit Amendment (SPU- 98-01A) on October 18, 2022 via Resolution No. PC-2022-41. The amendment approved the demolition of an existing open view tubular steel fence currently located along the frontage of Highway 80 and the construction of an 8-foot tall concrete masonry unit (CMU) wall in the same approximate location, the removal of five (5) oak trees, and placement of a maximum of five (5) product placards on the masonry wall consistent with the approved project exhibit.

C. A Notice of Exemption was approved for this project via Planning Commission Resolution No. PC-2022-40.

D. The applicant filed a timely request for appeal with the required fee on October 20, 2022. The appeal requested to modify the project conditions of approval to allow for the placement of seven (7) product placards instead of five (5), as approved by Planning Commission.

Section 2. The Appeal to modify an approved Specific Plan Use Permit Amendment (SPU-98-01A) to allow for the placement of seven (7) placards on the approved wall instead of five (5) placards is inconsistent with the dimensions and placement of signs and graphics within the area.

Section 3. Based upon the findings in Section 2 above, the City Council hereby upholds the Planning Commission action and denies the Appeal request to modify the Planning Commission approval of Specific Plan Use Permit Amendment (Resolution No. PC-2022-40 and associated exhibits).
204

of Reso. No.

PASSED AND ADOPTED this 24th day of January, 2023, by the following vote:

AYES: Councilmember(s):

NOES: Councilmember(s):

ABSENT: Councilmember(s):

ABSTAIN: Councilmember(s):
____________________________________
Ken Broadway, Mayor
ATTEST:
_____________________________
Hope Ithurburn, City Clerk
205
City Council Regular Meeting
Staff Report

Subject:

Creation of an Arts Commission
Date:

January 24, 2023
Submitted By:

Sherri Conway, Assistant City Manager
Department:

City Manager's Office
Recommendation:
1 .

Introduce, waive full reading, and read by title only, an Ordinance of the City Council of the City of Rocklin Enacting Chapter 2.43 of the Rocklin Municipal Code, Establishing an Arts Commission.
2 .

Introduce, waive full reading, and read by title only, an Ordinance of the City Council Amending Chapter 2.44 of the Rocklin Municipal Code to Revise the Parks, Recreation and Arts Commission to the Parks and Recreation Commission. 3 .

Adopt a Resolution of the City Council of the City of Rocklin Dissolving the Arts Task Force Working Group of the Parks, Recreation and Arts Commission.

Background:

Pursuant to the City of Rocklin’s Public Art Master Plan, adopted by the City Council on January 26, 2016, the Art Task Force was created to serve as the selection panel for both public and private development projects and make recommendations to the Parks, Recreation and Arts Commission. The Art Task Force has been responsible for voluntary public art in a development project as well as the placement of public art elements. The Art Task Force has functioned as a working group for the Parks, Recreation and Arts Commission, holding regularly scheduled and publicly noticed meetings.

At the October 25, 2022, City Council meeting, the City Council directed staff to develop an ordinance to create an Arts Commission and to lead the efforts of retiring the existing Arts Task Force. A proposed ordinance (Attachment 1) is presented for the consideration of the City Council. The proposed ordinance is summarized as follows:
1 .

Establishes the Commission.
2 .

The Commission will act in an advisory capacity to the City Council on matters pertaining to public art and culture.
3 .

Provides that members must be residents and registered voters of the City and serve four-year terms. Two founding members will have two- year terms in order to create a staggered rotation of the membership.
4 .

The Commission will consist of five members, preferably with a broad array of Item Number 5.A

206
backgrounds and areas of expertise. Members serve at the pleasure of the City Council. 5 .

The Commission will hold regular meetings and have special meetings if needed. 6 .

Compensation for members of the Commission will be set by resolution to be presented at an upcoming meeting.

The duties of the Arts Commission will include:

Review, update, and implement elements of the 2016 Rocklin Public Art Master Plan Advise the City Council on all matters affecting arts and culture of the city Encourage programs in the arts and to promote the cultural enrichment of the community Establish an effective liaison between the city, county, and local cultural and artistic groups

With the introduction of the ordinance establishing the Arts Commission, staff is also presenting an ordinance (Attachment 2) to change the name of the Parks, Recreation and Arts Commission to the Parks and Recreation Commission and remove the oversight of artistic projects from the Parks and Recreation Commission. Additionally, staff recommends the City Council adopt a resolution (Attachment 3) dissolving the Arts Task Force. Duties formerly performed by the Parks, Recreation and Arts Commission and Arts Task Force will be performed by the newly formed Arts Commission.

Fiscal Impact:

There is no fiscal impact from the adoption of this ordinance. However, the ordinance provides that the compensation of the Commission members will be set by resolution.

ATTACHMENTS:

1. Ordinance - Establishing the Arts Commission

2. Ordinance - Revising the Parks, Recreation and Arts Commission

3. Resolution Dissolving Art Task Force.docx
207
ORDINANCE NO. XXXXX
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKLIN ENACTING CHAPTER 2.43 OF THE

ROCKLIN MUNICIPAL CODE ESTABLISHING AN ARTS COMMISSION
WHEREAS, arts, culture, and creativity enhance the quality of life for all Rocklin residents, the economic vitality of the city, and are central to the visitor experience of our region; and WHEREAS, there is demonstrated evidence that an investment in the arts provides significant economic benefits; and
WHEREAS, the Public Art Master Plan was adopted by the City Council in January 2016 (Resolution No. 2016-23) recommended the creation of an Art Task Force; and WHEREAS In May of 2017, a description of the Duties and Responsibilities of the Art Task Force was adopted by Resolution of the City Council; and
WHEREAS t he creation and establishment of a new Arts Commission would build upon the successes of the Art Task Force, and allow for a more permanent entity to be charged with a broader mandate; and
WHEREAS, on October 25, 2022, the City Council provided direction to create a new, stand- alone Arts Commission and to modify the Parks, Recreation and Arts Commission to move art- related responsibilities to the newly established Arts Commission.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ROCKLIN DOES ORDAIN AS FOLLOWS:

Section 1. Purpose. The purpose of this ordinance is to establish the Arts Commission and rules and regulations relating to the functioning of the Commission.

Section 2. Authority. The City Council enacts this ordinance under the authority granted to cities by Article XI, Section 7 of the California Constitution.

Section 3. Enact. Chapter 2.43 of the Rocklin Municipal Code, entitled “Arts Commission,” is adopted as follows

2.43.010 – Established.

The Arts Commission is established as set out in this chapter and shall be governed by the rules and regulations set out in this chapter.
208

2.43.020 – Composition.

The Arts Commission shall consist of five members who shall be appointed by the city council and serve at the council's pleasure, none of whom shall hold any paid office or employment in the city government. Members shall be qualified electors of the city and shall serve for a term of four years.

Commissioners shall be those persons who have demonstrated a strong commitment to the arts through individual patronage, education, or professional experience or knowledge of a particular arts and culture field, and the general public. Efforts should be made to include commissioners who represent a diversity of backgrounds.

2.43.030- Residency required.

In order to be eligible to hold office on the commission, a person must be a resident and registered voter of the city. If, during his or her term of office, a member of the commission moves his or her residence outside the city limits, or ceases to be a registered voter of the city, such member's office shall immediately become vacant.

2.43.040 – Term of service.

Members of the Arts Commission shall serve four-year terms and until their successor is appointed, unless the term is modified by the Mayor with the consent of the city council. Two of the founding members of the commission shall be appointed to a two year term, so as to stagger the terms of the members.

The members of the commission serve at the pleasure of the City Council and may be removed from office by the vote of a majority of the members of the City Council.

2.43.050 - Compensation.

Compensation for a member of the Arts Commission shall be in an amount established by resolution of the City Council

2.43.060 - Failure to attend meetings.

In the event a member has three consecutive unexcused absences from regular meetings of the commission, the city council may declare the office of such member vacant. The secretary to the commission shall advise the Mayor through the City Clerk of any member with three (3) consecutive unexcused absences. The chair of the commission has the discretion to determine whether absences are excused or unexcused. Absences should be excused if due to situations such as illness, religious observances, family emergencies, work conflicts, and vacations. If any member of the commission fails to attend three consecutive meetings, without due cause, 209
such failure shall be deemed to constitute the retirement of such member. The chair or the vice chair of the commission shall forthwith notify the council of the fact, and the position held by the member shall be declared vacant.

2.43.070 - Meetings.

The Arts Commission shall hold at least one regular meeting in each month on the fourth Monday of the month or such other time as approved by the city council, unless that date falls on a legal holiday, in which case the following Monday shall be the meeting date.

A quorum shall be a majority of the commission. No action of the commission shall be valid without the affirmative vote of at least three members.

All meetings of the commission shall be conducted in accordance with the latest edition of Robert's Rules of Order as published by Webster’s New World, unless the particular rule or matter is otherwise provided for by city ordinance or the commission’s rules and regulations.

A permanent change in the date and time of the regularly scheduled meetings of the commission shall be submitted to the City Council for approval. Such change may be approved by motion, without the need to amend this chapter.

The commission shall keep a record, which shall be available for public inspection, of all of its resolutions, proceedings, and other actions.

The commission may adopt and amend, by the affirmative vote of a majority of its members, rules and regulations for the conduct of the commission’s business consistent with this chapter.

Such rules and regulations shall be submitted to the City Council and shall not become effective until approved by the City Council

2.43.080- Organizational meeting—Officers.

The first regular meeting in January of every year shall be an organizational meeting, at which time the commission shall elect its own chair and vice chair, who shall serve in such positions for a period of one year or until their successors are chosen.

2.43.090 - Special meeting.

Special meetings of the commission may be called by the chair or upon the request of the city council acting through either the mayor or the city manager. Notice of a special meeting shall be given at least twenty-four hours in advance of such special meeting. 210

2.43.100 - Brown Act compliance.

All meetings of the commission shall be held in compliance with the Ralph M. Brown Act.

2.43.110 – Purpose and duties.

The Arts Commission shall act in an advisory capacity to the City Council in matters pertaining to the implementation of the Public Art Master Plan. The commission is charged with performing the following specific functions:

A. Review, recommend updates, and implement elements of the Public Art Master Plan adopted by the city council;
B. Advise the city council on all matters affecting arts and culture of the city; C. Encourage programs in the arts to promote the cultural enrichment of the community;
D. Establish an effective liaison between the city, county, and local cultural and artistic groups.

Section 4. Effective Date. This ordinance shall take effect 30 days after the date of its adoption.

Section 5. Severability .

If any section, subsection, sentence, clause or phrase of this Ordinance is determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unlawful.

Section 6. Publication .

Within 15 days of passage of this Ordinance, the City Clerk shall cause the full text of the ordinance, a summary of the ordinance, or an advertisement of the ordinance to be published in a newspaper of general circulation, with the names of those City Councilmembers voting for and against the Ordinance, in accordance with Government Code section 36933.

INTRODUCED at a regular meeting of the City Council of the City of Rocklin held on January 24, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers
211
ABSTAIN: Councilmembers
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Rocklin held on February 14, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Kenneth Broadway, Mayor
ATTEST:
___________________________
Hope Ithurburn, City Clerk
First Reading:

Second Reading:

Effective Date:
212
ORDINANCE NO. XXXX

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
AMENDING CHAPTER 2.44 OF THE ROCKLIN MUNICIPAL CODE TO REVISE

THE PARKS, RECREATION AND ARTS COMMISSION TO THE

PARKS AND RECREATION COMMISSION
The City Council of the City of Rocklin does ordain as follows:

Section 1. Purpose. The purpose of this Ordinance is to change the Parks, Recreation, and Arts Commission to the Parks and Recreation Commission, to reflect the role of the Parks and Recreation Commission in its service to the City following the creation of a city Arts Commission.

Section 2. Authority. The City Council enacts this ordinance under the authority granted to cities by Article XI, Section 7 of the California constitution.

Section 3. Amend. Chapter 2.44 entitled “Parks, Recreation Art Commission” is amended and retitled as “Parks and Recreation Commission.”
Section 4. Amend. Chapter 2.44, Section 2.44.010 entitled “Established-Governing Rules and regulations,” is amended to read as follows:

Section 2.44.010 – Established- Governing rules and regulations.

A parks and recreation commission is established as set out in this chapter and shall be government by the rules and regulations set out in this chapter.

Section 5. Amend. Chapter 2.44, Section 2.44.050 entitled “Term,” is amended to read as follows:

Section 2.44.050 – Term.

Members of the parks and recreation commission shall serve terms of four years and until their successors are appointed, unless the term is modified by the mayor with the consent of the city council.

Section 6. Amend. Chapter 2.44, Section 2.44.055 entitled “Compensation,” is amended to read as follows:

Section 2.44.055– Compensation.

The compensation for a member of the parks and recreation commission shall be in an amount established by resolution of the city council.
213
Section 7. Amend. Chapter 2.44, Section 2.44.090 entitled “Special Meeting,” is amended to read as follows:

Section 2.44.090 – Special meeting.

Special meetings of the parks and recreation commission may be called by the chair, upon the written request of at least three members or upon the request of the council acting through either the mayor or the city manager. Notice of a special meeting shall be given at least twenty- four hours in advance of such special meeting, either in writing or by telephone.

Section 8. Amend. Chapter 2.44, Section 2.44.100 entitled “Brown Act compliance,” is amended to read as follows:

Section 2.44.100 – Brown Act compliance.

All meetings of the parks and recreation commission shall be held in compliance with the Ralph M. Brown Act.

Section 9. Repeal and Reenact. Chapter 2.44, Section 2.44.110 entitled “Duties,” is repealed and reenacted in its entirety to read as follows:

Section 2.44.110 - Duties.

The parks and recreation commission shall act in an advisory capacity to the city council in matters pertaining to parks and recreation. The city council shall set forth the specific duties of the parks and recreation commission by resolution, as may be amended from time to time.

Section 10. Amend. Chapter 2.44, Section 2.44.120 entitled “Youth commissioner,” is amended to read as follows:

Section 2.44.120 – Youth commissioner.

There shall be appointed to the parks and recreation commission a youth commissioner. The youth commissioner shall be at least age sixteen, a resident of Rocklin, and enrolled as a junior or senior in high school. The youth commissioner will serve a one-year term from July 1 to June 30 the following year. The youth commissioner is a non-voting member of the parks and recreation commission, and is not included for the purpose of determining a quorum.

Section 11. Effective Date. This ordinance shall take effect 30 days after the date of its adoption.

Section 12. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of 214
this ordinance. City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions to be declared invalid or unconstitutional.

Section 13. Publication. Within 15 days of passage of this ordinance, the City Clerk shall cause the full text of the ordinance, a summary of the ordinance, or an advertisement of the ordinance to be published in a newspaper of general circulation, with the names of those City Councilmembers voting for and against the ordinance, in accordance with Government Code section 36933.

INTRODUCED at a regular meeting of the City Council of the City of Rocklin held on January 24, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Rocklin held on February 14, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Ken Broadway, Mayor
ATTEST:

Hope Ithurburn, City Clerk
215
First Reading:

Second Reading:

Effective Date:
216
RESOLUTION NO. 2022-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

DISSOLVING THE ART TASK FORCE WORKING GROUP OF THE PARKS,

RECREATION AND ARTS COMMISSION
WHEREAS, on March 16, 2016 the City Council of the City of Rocklin approved the Public Art Master Plan which included the recommendation to create an Art Task Force working group for the Parks, Recreation and Arts commission; and
WHEREAS, the role of the Art Task Force is to serve as the selection panel for both public and private development projects and to make recommendations to the Parks, Recreation, and Arts Commission; and
WHEREAS, the Art Task Force held regularly scheduled and publicly noticed meetings for four years; and
WHEREAS, the Art Task Force served Rocklin with great diligence and provided a valuable service to the community; and
WHERERAS, the City Council desires to create an independent Arts Commission to carry out the tasks previously undertaken by the Art Task Force.

NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:

Section 1. The recitals set forth above are true and correct.

Section 2. The City Council dissolves the Art Task Force working group of the Parks, Recreation, and Arts Commission.

PASSED AND ADOPTED this 24th day of January, 2023, by the followingvote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
217
Ken Broadway, Mayor
ATTEST:

Hope Ithurburn, City Clerk

Reso. No. 2023-
218
City Council Regular Meeting
Staff Report

Subject:

Midas Avenue Closure and Emergency Repairs
Date:

January 24, 2023
Submitted By:

Justin Nartker, Public Services Director
Department:

Public Services
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Determining an Emergency Exists that Requires the Immediate Expenditure of Public Money to Safeguard Life, Health, Property, or Essential Public Services and Authorizing the City Manager to Take Action Necessary to Repair or Replace Failed Portions of Midas Avenue.

Background:

With recent storm events, the roadway on Midas Avenue at Antelope Creek between 5th Street and Argonaut Avenue deteriorated and failed, requiring the closure of the roadway and emergency repair. This emergency situation will not permit a delay resulting from competitive solicitation for bids, and immediate action is necessary to respond to the emergency.

The roadway failure constitutes an emergency within the meaning of California Public Contract Code section 1102, because it was a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of property or essential public services. Under such circumstances, Public Contract Code section 20168 allows the City Council to pass a resolution by four-fifths vote, declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property. In addition, Public Contract Code section 22050 allows the City Council by a four-fifths vote, to authorize the repair or replacement of a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts. Upon adoption of the resolution, the City may expend the sum required in the emergency without requiring competitive bidding.

In compliance with the Public Contract Code and the Rocklin Municipal Code, subsequent reports of the emergency repairs will be provided to the City Council. For expenditures over $50,000, the City Council will be requested to ratify the contract(s) (RMC 3.04.090(A)).

Item Number 5.B

219
Fiscal Impact:

The fiscal impact is unknown at the time of the writing of this report.

ATTACHMENTS:

1. Resolution - Midas Avenue Emergency Repair
220
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

DETERMINING AN EMERGENCY EXISTS THAT REQUIRES THE IMMEDIATE EXPENDITURE OF

PUBLIC MONEY TO SAFEGUARD LIFE, HEALTH, PROPERTY OR ESSENTIAL PUBLIC SERVICES, AND

AUTHORIZING THE CITY MANAGER TO TAKE ACTION NECESSARY TO REPAIR OR

REPLACE FAILED PORTIONS OF MIDAS AVENUE
WHEREAS, the City is required by the state and local law to competitively bid public works projects which include construction contracts and repairs unless there exists an emergency situation which requires immediate action; and,
WHEREAS, due to storm events in January 2023, a portion of Midas Avenue in the City of Rocklin deteriorated and failed, requiring the closure of the roadway and emergency repairs; and WHEREAS, the condition of the roadway is such that it must be repaired immediately, to prevent or mitigate the loss or impairment of life, health, property or essential public services; and
NOW THEREFORE, the City Council of the City of Rocklin does resolve as follows:

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

2. The public interest and necessity demand the immediate expenditure of public funds to repair Midas Avenue to safeguard life, health, property and essential public services.

The emergency situation will not permit a delay resulting from competitive solicitation for bids and immediate action is necessary to respond to the emergency.

3. The City Manager or her designee is authorized to procure all necessary equipment, services, and supplies for the purpose of remedying the emergency, without giving notice for bids to let contracts, and to expend such funds as she may determine are necessary to accomplish these purposes, subject to and in accordance with Section 22050(b) of the Public Contract Code, and Rocklin Municipal Code section 3.04.090.

PASSED AND ADOPTED this 24th day of January 2023, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
221
___________________________________
Ken Broadway, Mayor
ATTEST:
__________________________________
Hope Ithurburn, City Clerk
222
City Council Regular Meeting
Staff Report

Subject:

Successor Agency to the Former Rocklin Redevelopment Agency Recognized Obligation Payment Schedule (ROPS) for Fiscal Year 2023/24
Date:

January 24, 2023
Submitted By:

Angela Doyle, Senior Accountant
Daniel Choe, Deputy Director of Administrative Services Department:

Administrative Services - Finance
Recommendation:

Acting as the Successor Agency for the former Rocklin Redevelopment Agency:

Adopt a Resolution of the Successor Agency for the Former Rocklin Redevelopment Agency, Approving the Successor Agency's Recognized Obligation Payment Schedule for Fiscal Year 2023/24, and Authorizing Successor Agency Staff to Submit the ROPS to the Placer County Consolidated Oversight Board.

Background:

Pursuant to Assembly Bills 1X26 and 1484 (Bills), all redevelopment agencies in the State of California were dissolved on February 1, 2012. The Bills authorized certain local agencies, such as a city or county, to become the Successor Agency. On January 1, 2012, the City Council elected to become the Successor Agency for the former Rocklin Redevelopment Agency. The Successor Agency is responsible for winding down the affairs of the former redevelopment agency, which includes making payments due for enforceable obligations, disposition of the assets of the former redevelopment agency. The thee-acre parcel of the former Big Gun Quarry is the last remaining property owned by the former Rocklin Redevelopment Agency. Staff is currently working on the disposition of the property.

Health and Safety Code (HSC) Section 34177(I)(1) requires Successor Agencies to prepare a Recognized Obligation Payment Schedule (ROPS) before the applicable fiscal period, that includes the nature, amount, and source(s) of payment of all enforceable obligations of the dissolved Rocklin Redevelopment Agency.

On September 22, 2015, Senate Bill 107 was passed which amended HSC section 34177(o) (1) to require agencies to submit an Oversight Board-approved annual ROPS to the California Department of Finance and the County Auditor Controller by February 1, 2016 and each February 1 thereafter.

Item Number 6.A

223

Upon direction from the City Council acting as the Successor Agency, staff will submit the ROPS 2023/24 to the Placer County Consolidated Oversight Board for approval on January 26, 2023. Approval of the ROPS by the Oversight Board is required before submission to the Department of Finance by February 1, 2023.

The ROPS for July 1, 2023 through June 30, 2024 requests a total of $1,611,575 to pay current obligations of: Tax Allocation Bond Debt Service, audit fees, bank fees, property maintenance and administrative costs. The Successor Agency has other funds on hand of $152,443 from a land sale and interest earned, that must be used towards these obligations.

The remaining $1,459,132 is requested from Redevelopment Property Tax Trust Fund (RPTTF) moneys.

The Current Period Enforceable Obligations for ROPS 2022/23 was $1,596,775. The increase to $1,611,575 for ROPS 2023/24 is due to a $10,000 increase in administration costs and payments required by the Bond debt service payment schedule.

Administrative obligations have increased from $60,000 on prior ROPS 2022/23 to $70,000 on current ROPS 2023/24 due to the need for outside consultants related to the disposition of the Big Gun property. Consultants will be needed to (i) conduct special studies to support the difficulty of development of the site due to underlaying bedrock conditions, (ii) update the appraisal reflecting the extraordinary soil conditions, (iii) retain a qualified commercial real estate broker with national reach to market the property to qualified buyers, and (iv) develop a purchase and sale agreement that will govern the sales transaction. City staff will work with the broker to evaluate all offers and certify only those that have the capability to close escrow.

Administration also consists of staff costs for salary and benefits for employees that perform services directly for the Successor Agency. These services include accounting and audit functions, management of the long range property management plan, debt management, report preparation including the ROPS, budget, disclosures, correspondence, public information, contract preparation, review, legislative analysis, legal services, Oversight Board meeting preparation, meeting attendance, and document management. Once the last property owned by the former Rocklin Redevelopment Agency is sold, Successor Agency staff costs will be reduced.

Fiscal Impact:

The ROPS for July 1, 2023 through June 30, 2024 is requesting a total of $1,611,575, which include Administrative Costs of $70,000. Funding is requested as follows: $1,459,132 from RPTTF and $152,443 from Other Funds on hand at the City.

As authorized pursuant to Health and Safety Code Section 34183(a)(3), the proposed source of payment for the administrative cost allowance is the RPTTF established and maintained by the County Auditor-Controller pursuant to Health and Safety Code Section 34170.5(b).

ATTACHMENTS:

1. Successor Agency Resolution

2. ROPS 2023-24.pdf
224
RESOLUTION NO. 2023-XX SA

RESOLUTION OF THE SUCCESSOR AGENCY FOR THE FORMER ROCKLIN REDEVELOPMENT AGENCY APPROVING THE SUCCESSOR AGENCY’S RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) FOR FISCAL YEAR 2023-2024, AND AUTHORIZING SUCCESSOR AGENCY STAFF TO SUBMIT THE ROPS TO THE PLACER COUNTY OVERSIGHT BOARD.

WHEREAS, the Successor Agency for the former Rocklin Redevelopment Agency (“Successor Agency”) is responsible for the winding up of the affairs of the former Redevelopment Agency and the disposition of real property pursuant to the Rocklin Long Range Management Plan approved by the California Department of Finance on March 13, 2014; and WHEREAS, California Health and Safety Code section 34177 requires successor agencies to annually prepare a Recognized Obligation Payment Schedule (“ROPS”); and WHEREAS, Successor Agency staff have drafted the Successor Agency’s ROPS for fiscal year 2023-24, inclusive of the time period of July 1, 2023 through June 30, 2024; and WHEREAS, the ROPS must be submitted to the Placer County Oversight Board for their approval, pursuant to California Health and Safety Code section 34177.

NOW, THEREFORE, BE IT RESOLVED by the Successor Agency for the former Rocklin Redevelopment Agency as follows:

Section 1. The Successor Agency’s Recognized Payment Obligation Schedule for fiscal year 2023-2024, as set forth in Exhibit “A,” attached hereto and incorporated herewith by reference, is approved. Successor Agency staff are authorized to submit the Recognized Payment Obligation Schedule attached hereto as Exhibit “A,” to the Placer County Oversight Board for their review and approval.

PASSED AND ADOPTED this 24th day of January, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Ken Broadway Mayor/Chair
ATTEST:
____________________________
Hope Ithurburn, City Clerk
225
Recognized Obligation Payment Schedule (ROPS 23-24) - Summary Filed for the July 1, 2023 through June 30, 2024 Period Successor Agency: Rocklin
County: Placer
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
23-24A Total
(July -
December)
23-24B Total
(January -
June)
ROPS 23-24
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ 152,443 $ - $ 152,443 B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds 152,443 - 152,443
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 1,058,469 $ 400,663 $ 1,459,132 F RPTTF 1,023,469 365,663 1,389,132
G Administrative RPTTF 35,000 35,000 70,000
H Current Period Enforceable Obligations (A+E) $ 1,210,912 $ 400,663 $ 1,611,575 Certification of Oversight Board Chairman:

Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
226
Rocklin
Recognized Obligation Payment Schedule (ROPS 23-24) - ROPS Detail July 1, 2023 through June 30, 2024

A B C D E F G H I J K L M N O P Q R S T U V W
Item
#
Project
Name
Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
23-24
Total
ROPS 23-24A (Jul - Dec)
23-24A
Total
ROPS 23-24B (Jan - Jun)
23-24B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
$22,600,988 $1,611,575 $- $- $152,443 $1,023,469 $35,000 $1,210,912 $- $- $- $365,663 $35,000 $400,663 13 Audit fee
(continued
operations)
Fees 02/08/
2011
12/31/2037 Chavan &
Associates,
LLP
Audit and
financial
statements -
Bonds
55,600 N $2,500 - - - 2,500 - $2,500 - - - - - $-
14 Arbitrage
(continued
operations)
Fees 03/28/
2006
09/30/2037 Willdan Arbitrage
calculations
- Bonds
21,750 N $3,000 - - - 3,000 - $3,000 - - - - - $-
15 Bank fees
(continued
operations)
Fees 01/01/
2014
12/31/2037 US Bank Cash with
Fiscal Agent
- Bonds (1/
08/02 - 6/28/
05 - 2/13/07)
75,000 N $5,000 - - - - - $- - - - 5,000 - $5,000
16 Property
Maint
(continued
operations)
Property
Maintenance
01/01/
2014
06/30/2024 City of
Rocklin
Property
Maintenance
Costs
Original 1,600 N $1,600 - - - 800 - $800 - - - 800 - $800 19 Successor
Agency
Costs
(continued
operations)
Admin Costs 01/01/
2014
12/31/2037 City of
Rocklin
Support/
Admin for
Successor
Agency
479,600 N $70,000 - - - - 35,000 $35,000 - - - - 35,000 $35,000 50 2018
Refunded
Tax
Allocation
Bonds
Bonds
Issued After
12/31/10
12/04/
2018
09/01/2037 US Bank 2018
Refunding of
2002, 2005,
2007 Bonds
issued to
fund non-
housing
projects
21,967,438 N $1,529,475 - - 152,443 1,017,169 - $1,169,612 - - - 359,863 - $359,863 227
Rocklin
Recognized Obligation Payment Schedule (ROPS 23-24) - Report of Cash Balances July 1, 2020 through June 30, 2021
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
ROPS 20-21 Cash Balances
(07/01/20 - 06/30/21)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin

1 Beginning Available Cash Balance (Actual 07/01/20)
RPTTF amount should exclude "A" period distribution
amount.
230 597,565 328,876
2 Revenue/Income (Actual 06/30/21)
RPTTF amount should tie to the ROPS 20-21 total
distribution from the County Auditor-Controller
35 150,510 1,655,521 Other Funds consists of: SA land sale proceeds, deposit for cancelled sale forfeited
to SA, interest earnings.
3 Expenditures for ROPS 20-21 Enforceable Obligations
(Actual 06/30/21)
260 6,407 1,665,894 Other Funds: amount authorized $8,340. Only $6,407 spent, $1933 remains.
4 Retention of Available Cash Balance (Actual 06/30/21) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
589,225 313,711 Other Funds: $15,330 for 21-22 item 50 & $573,895 for 22-23 item 50. RPTTF:
$290,355 of 18-19 PPA use for 21-22 ROPS
& $23,356 of 19-20 PPA use for 23-24 ROPS
5 ROPS 20-21 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 20-21 PPA
form submitted to the CAC
No entry required 4,792
6 Ending Actual Available Cash Balance (06/30/21)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $5 $- $152,443 $- Other Funds: Revenue above + Remaining unexpended above $1,933
228
Rocklin
Recognized Obligation Payment Schedule (ROPS 23-24) - Notes July 1, 2023 through June 30, 2024
Item # Notes/Comments
13 Contract termination date is an estimate of SA dissolving following final Bond payments 14 15
16 Contract termination date dependent on sale of the last property by SA 19 50
229