Agenda packet — Rocklin City Council, February 14, 2023

ROCKLIN CITY COUNCIL
City Council Regular Meeting
City Hall - Council Chambers
3970 Rocklin Rd. Rocklin, CA
95677
Website:
www.rocklin.ca.us
Tuesday, February 14, 2023
General Session at 6:00 p.m.

AMENDED AGENDA
*Please note the additions of Attachment #1 under
Consent Calendar, Item #2.A, and Attachment #2
under Discussion Item, Item 5.B.

KEN BROADWAY,

Mayor

GREG JANDA,

Vice Mayor

DAVID BASS,

Council Member

JILL GAYALDO,

Council Member

BILL HALLDIN,

Council Member

ALY ZIMMERMANN,

City Manager

SHERI CHAPMAN,

City Attorney

HOPE ITHURBURN,

City Clerk

DANIEL CHOE,

City Treasurer

MEETING PROCEDURES AND STANDARDS OF DECORUM
For items listed on the agenda, any person may address the City Council at the time the item is considered.

Speakers are requested to restrict their comments to the item as it appears on the agenda and stay within the required five minute time limit, unless the time is adjusted by the Mayor.

For items not listed on the agenda, any person may do so under Citizens Addressing the City Council.

Speakers are limited to five minutes and the item must be under the jurisdiction of the Rocklin City Council. As a reminder, the Brown Act does not permit the City Council to take action on items brought up under Citizens Addressing the City Council.

Whenever any group of persons wishes to address the City Council on the same subject matter, it shall be proper for the Mayor to request that a spokesperson be chosen.

Although not required, speakers are requested to identify themselves by stating their name and city of residence for the official record. Time will be monitored on the lectern. When the time reaches zero, please be seated.

Any person who disrupts the meeting of the City Council, may be barred by the Mayor from further audience before the City Council during that meeting.

All remarks shall be addressed to the City Council as a body and not to any member thereof, or to staff, or to the public. No person, other than a member of the City Council, the City Manager or the City Attorney and the person having the floor, shall be permitted to enter into any discussion without the permission of the presiding officer.

WRITINGS RECEIVED AFTER AGENDA POSTING
Any writing related to an agenda item for the open session of this meeting distributed to the City Council, Public Financing Authority or Successor Agency less than 72 hours before this meeting is available for inspection at City Hall, 3970 Rocklin Road, Rocklin, during normal business hours. These writings will also be available for review at the council meeting in the public access binder located on the table at the back of the Council Chambers. If you have questions related to this agenda, please call (916) 625-5560.

City Council Regular Meeting Agenda of February 14, 2023 1 The public may listen to audio or view the meeting via live stream at https://www.rocklin.ca.us/agendas-minutes
.

The public is welcome to attend in person or participate virtually.

For those that do not plan on attending in person, but wish to make a public comment during the meeting, public comments will be accepted in email form up until 3:00 p.m. on the meeting day.

Those wishing to make a public comment in person, although not required, speakers are requested to complete a speaker card and present to the City Clerk.

Public comments should be submitted to the City Clerk at [email protected].

Emailed public comments will be distributed to City Council and treated as a public record.

This meeting will also be offered via Zoom Webinar and the public is welcome to make a public comment through Zoom following the steps below:

How To Make A Public Comment By Zoom
When you join the meeting, you will be muted by default. To inform the City Clerk that you would like to make a public comment, you will use the “Raise Hand” feature. Information on how to use the raise hand feature can be found on the Zoom website here:

https://support.zoom.us/hc/en-us/articles/205566129-Raising-your-hand-in-a-webinar.

Zoom Participation Via Computer Or Smartphone
You can join the meeting from your computer using a web browser or the Zoom software (if it is installed). You can also join the meeting using the Zoom app on your Apple IOS or Android device. Click the link below to join the Zoom meeting:
https://us02web.zoom.us/j/81802343321?pwd=Z1RZSG1NZzVOaVYxTkZ1eFRPd3o4UT09

AMERICANS WITH DISABILITIES ACT
In compliance with the Americans with Disabilities Act, the City of Rocklin encourages those with disabilities to participate fully in the public hearing process. If you have a special need in order to allow you to attend or participate in our public meeting and public hearing processes, including receiving notices, agendas, and other writings in appropriate alternative formats, please contact our office at (916) 625-5560 well in advance of the public meeting or public hearing you wish to attend so that we may make every reasonable effort to accommodate you.

ELECTRONIC PRESENTATIONS
All persons with electronic presentations for public meetings will be required to bring their own laptop or other form of standalone device that is HDMI or VGA compatible. It is further recommended that presenters arrive early to test their presentations. The City is not responsible for the compatibility or operation of non-city devices or the functionality of non-city presentations.

POSTING OF AGENDA
In accordance with Government Code Section 54954.2(a) this agenda was posted on the City's bulletin board at City Hall, 3970 Rocklin Road, Rocklin, and City of Rocklin website at www.rocklin.ca.us.

AGENDA

SPECIAL MEETING

INSTRUCTIONS
City Council Regular Meeting Agenda of February 14, 2023 2 Zoom Participation By Telephone (Audio Only Option)

1. Dial (669) 900-6833.

2. When asked for the meeting ID, enter
818 0234 3321#.

3. When asked for your participant ID, press # to continue.

4. When asked for the meeting password, enter
375993#
.

5. You will be muted by default. To inform the City Clerk that you would like to make a public comment, dial *9 to “Raise your hand”. The Clerk will unmute you when it is your turn to speak.

For those requiring a modification or accommodation under the Americans with Disabilities Act, please contact Hope Ithurburn, City Clerk at (916) 625-5564 or via email at [email protected]
.

1. REPORTS FROM CITY COUNCIL AND CITY MANAGER

2. CONSENT CALENDAR

2.A
Honoring Maggie Lloyd, Tri City Little League

2.B
Rocklin Arts Commission

2.C
Side Letter Agreement with Rocklin Firefighter’s Union

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

AGENDA REVIEW

CITIZENS ADDRESSING THE CITY COUNCIL

Recommendation:

Resolution of the City Council of the City of Rocklin Honoring Maggie Lloyd’s Contributions to the Tri City Little League.

Staff Presentation by Mayor Ken Broadway

Recommendation:
1 .

Adopt 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 .

Adopt an 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.

Staff Presentation by Sherri Conway, Assistant City Manager

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin to Adopt a Side Letter of Agreement to the Memorandum of Understanding between the City of Rocklin and the Rocklin Firefighter’s Union to Modify Article 33 Subsection III Extension of Probationary Periods.

Staff Presentation by Elise Hardy, Management Analyst
City Council Regular Meeting Agenda of February 14, 2023 3 2.D
Updated Tier 2 Commitment Agreement Between the City of Rocklin, County of Placer, City of Roseville, and City of Lincoln

2.E
Northwest Rocklin Sewer Annexation Construction Notice of Completion

2.F
Amendment No. 1 to the Contract for Services with Jacobs Engineering Group, Inc. for the I80/Auxiliary Lane

2.G
Contract for Open Space Monitoring Services

2.H
Stanford Terrace Final Map

2.I
Nellia Estates Notice of Completion

3. SPECIAL PRESENTATIONS

4. PUBLIC HEARINGS

Recommendation:

Adopt a Resolution of City Council of the City of Rocklin Approving the Updated Tier 2 Commitment Agreement Between the City of Rocklin, County of Placer, City of Roseville, and City of Lincoln and Authorizing the City Manager to Execute it on Behalf of the City of Rocklin.

Staff Presentation by Justin Nartker, Director of Public Services

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Accepting the Public Work Known as Northwest Rocklin Sewer Annexation Construction, Approving the Notice of Completion Thereof, and Authorizing and Directing the Execution and Recordation of Said Notice on Behalf of the City (LaFleur Excavating, Inc.).

Staff Presentation by Justin Nartker, Director of Public Services

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving Amendment No. 1 to the Contract for Services with Jacobs Engineering Group, Inc., and Authorizing the City Manager to Execute Amendment No. 1.

Staff Presentation by Matt McClure, Public Services Manager

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Execute a Services Agreement for Open Space Monitoring Services with Vollmar Natural Lands Consulting, Inc.

Staff Presentation by Rick Lawrence, Public Services Manager

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving the Final Map of Stanford Terrace 1 Lot Condominium Subdivision (SD- 2013-05).

Staff Presentation by Lynn Toth, Associate Civil Engineer

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving the Notice of Completion for the Works Known as Nellia Court for Nellia (formerly Samoylovich) Estates (DL-2003-03), and Authorizing and Directing the Execution and Recordation of Said Notice on Behalf of the City (Multigroup, LLC, a California Limited Liability company).

Staff Presentation by Lynn Toth, Associate Civil Engineer

City Council Regular Meeting Agenda of February 14, 2023 4 4.A
Granite Lake Estates - Time Extension Tentative Subdivision Map, SD-2000-02A Oak Tree Preservation Plan Permit, TRE-2000-33A

5. DISCUSSION ITEMS

5.A
Key Management Practices Update

5.B
Sunset Whitney Recreation Area Proposed Master Plan

5.C
Tanus Circle Emergency Repairs

6. FUTURE AGENDA ITEMS

7. CLOSED SESSION

7.A
Pursuant to Government Code Section 54956.9(d)(1), Conference with Legal Counsel, Existing Litigation City of Rocklin v. Legacy Family Adventures and David Busch, El Dorado Superior Court Case No. PC2019039, Third District Court of Appeal Case No. C091172, California Supreme Court Case No. S278391.

7.B
Pursuant to Government Code Section 54956.9(c): Conference with Legal Counsel- Anticipated Litigation, Initiation of Litigation, One Case.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving a Four-Year Time Extension of a Tentative Subdivision Map and an Oak Tree Preservation Plan Permit (Granite Lakes Estates Time Extension / SD-2000- 02A & TRE-2000-33A).

Staff Presentation by Bret Finning, Planning Services Manager

Recommendation:

Receive an Update on Proposed Changes to the City's Key Management Practices, and Provide Direction to Staff.

Staff Presentation by Daniel Choe, Deputy Director of Administrative Services

Recommendation:

Provide Direction to Staff Based on Melton Design Group's Findings and Recommendations within the Proposed Master Plan for Sunset Whitney Recreation Area.

Staff Presentation by Kevin Huntzinger, Director of Parks and Recreation

Recommendation:

Receive a Report Regarding Emergency Repairs at Tanus
Circle in Accordance with Section 22050 of the California Public Contract Code.

Staff Presentation by Rick Lawrence, Public Services Manager

ADJOURNMENT
City Council Regular Meeting Agenda of February 14, 2023 5 City Council
Staff Report

Subject:

Honoring Maggie Lloyd, Tri City Little League
Date:

February 14, 2023
Submitted By:

Mayor Ken Broadway
Department:

City Council
Recommendation:

Resolution of the City Council of the City of Rocklin Honoring Maggie Lloyd’s Contributions to the Tri City Little League.

Item Number 2.A

ATTACHMENTS:

1. Resolution
6 RESOLUTION NO. 2023-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

HONORING MAGGIE LLOYD, TRI CITY LITTLE LEAGUE
WHEREAS, Maggie Lloyd gave over 7 years of service to Tri City Little League’s Board of Directors, including the roles of Treasurer and President; and WHEREAS; Maggie accomplished the dedication of Field 4 to Harold Peters; and WHEREAS; Maggie secured multiple regional and state-wide tournaments that were hosted at the home of Tri City Little League in Rocklin; and WHEREAS, Maggie’s love of community and her commitment to the youth of Rocklin go above and beyond the call of duty; and
WHEREAS, Tri City Little League would not be where it is today without Maggie’s dedication and leadership; and
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Rocklin hereby recognizes Maggie Lloyd for her contribution and dedication to Tri City Little League and the City of Rocklin.

PASSED AND ADOPTED this 14th day of February, 2023 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
_______________________________
Ken Broadway, Mayor
ATTEST:
____________________________
Hope Ithurburn, City Clerk
7 City Council
Staff Report

Subject:

Rocklin Arts Commission
Date:

February 14, 2023
Submitted By:

Sherri Conway
Department:

City Manager's Office
Recommendation:
1 .

Adopt 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 .

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.

At the January 24, 2023 City Council meeting, the City Council (1) introduced, waived further reading and read by title only, an Ordinance Enacting Chapter 2.43 Establishing an Arts Commission; and (2) introduced, waived further reading and read by title only an Ordinance Amending Chapter 2.44 of the Rocklin Municipal Code to Revise the Parks, Recreation and Arts Commission to the Parks and Recreation Commission.

At this time both ordinances, included as Attachments 1 and 2, are presented to the City Council for a second reading and adoption.

Item Number 2.B

8 Fiscal Impact:

There is no fiscal impact from the adoption of these two ordinances. 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 9 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.
10 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, 11 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. 12 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
13 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:
14 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.
15 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 16 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
17 First Reading:

Second Reading:

Effective Date:
18 City Council
Staff Report

Subject:

Side Letter Agreement with Rocklin Firefighter’s Union
Date:

February 14, 2023
Submitted By:

Elise Hardy, Administrative Services
Tameka Usher, Administrative Services
Department:

Administrative Services - Human Resources
Recommendation:

Background:

In January 2023 Fire Department staff notified the City that Section V., Article 33 Subsection III of the MOU between the City of Rocklin and the Rocklin Firefighter’s Union (Union), approved by Resolution No. 2022-159, limits the City’s ability to extend the probationary period of an employee who is out due to a prolonged absence. The current wording only allows the City to extend the probationary period for up to six (6) months. If an employee is out due to a prolonged absence in excess of six (6) months, the City does not have the option to extend the probationary period commensurate with the absence.

Representatives of the City and the Union have met and conferred and mutually agree to the new provisions to Section V., Article 33 Subsection III as follows:

III. Extension of Probationary Period:

Any employee's probationary period may be extended by the Fire Chief for up to six (6) months in his/her sole discretion. An employee whose probationary period is extended shall have their salary anniversary date adjusted to the date following the end of the extension.

A probationary period may also be extended due to a prolonged absence of the employee. A prolonged absence shall be defined for this section as a minimum of 90 consecutive calendar days. The extension of the probationary period shall not exceed the length of the absence.

The Fire Chief or the Fire Chief’s designee shall meet with the union prior to extending any probationary period as a result of a prolonged absence of an employee.

The side letter is included as Attachment 2 (Resolution Exhibit A).

Item Number 2.C

19 Fiscal Impact:

There is no direct fiscal impact to the General Fund from the staff recommendation.

ATTACHMENTS:

1. Resolution - Approving a Side Letter with RFA

2. Resolution Exhibit A - Side Letter
20

Page 1 ends

Reso. No. 2023-
RESOLUTION NO. 2023-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ROCKLIN ADOPTING A SIDE LETTER OF AGREEMENT TO

THE MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF ROCKLIN AND THE ROCKLIN
FIREFIGHTER’S UNION TO MODIFY ARTICLE 33

SUBSECTION III EXTENSION OF PROBATIONARY

PERIODS
WHEREAS, the City Council approved and adopted the Memorandum of Understanding (MOU) between the City of Rocklin and the Rocklin Firefighter’s Union Local 3847 effective July 1, 2022 to June 30, 2025, by Resolution No. 2022-159; and
WHEREAS, Section V, Article 33, Subsection III of MOU does not allow the City to extend probationary periods for periods longer than six (6) months; and WHEREAS, the City and Rocklin Firefighter’s Union have met and conferred and tentatively agreed to amend the provisions of Article 33 of the MOU as set forth in Exhibit “A” attached hereto.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:

Section 1. The side letter of agreement attached hereto as Exhibit “A” shall amend the Memorandum of Understanding between the City of Rocklin and the Rocklin Firefighter’s Union and is hereby approved. The City Manager is authorized to sign the side letter of agreement on behalf of the City.

PASSED AND ADOPTED this 14th day of February 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Ken Broadway, Mayor
ATTEST:

Hope Ithurburn, City Clerk
21 SIDE LETTER OF AGREEMENT
BETWEEN THE CITY OF ROCKLIN AND THE ROCKLIN FIREFIGHTER’S UNION LOCAL 3847

WHEREAS, the City of Rocklin (City) and the Rocklin Firefighter’s Union Local 3847 (collectively, “the Parties”) are parties to a Memorandum of Understanding (MOU) establishing the terms and conditions of employment between the City and employees in the Union for the period of July 1, 2022 to June 30, 2025; and
WHEREAS, Article 33 of the MOU describes the manner and method in which probationary periods are handled; and
WHEREAS, Article 33 (III) of the MOU allows for “Extension of Probationary Periods” up to 6 months at the Fire Chief’s sole discretion; and
WHEREAS, the City and the Union have met and conferred and agree to amend the MOU Article 33 (III) to include an extension to the probationary period for an employee on a prolonged absence.

AGREEMENT
Now, therefore, the Parties agree to amend the MOU and incorporate the changes and additions set forth herein. Except as amended by this Agreement, the provision of the MOU remain in full force and effect.

Section V – Terms and Conditions of Employment, Article 33. Probationary Period III. Extension of Probationary Period:

The Fire Chief or the Fire Chief’s designee shall meet with the union prior to extending any probationary period as a result of a prolonged absence of an employee.

FOR THE UNION: FOR THE CITY:

__________________________ __________________________ Chris Wade, President Aly Zimmermann, City Manager Rocklin Firefighter’s Union Local 3847 City of Rocklin

Date: __________ Date: __________
DocuSign Envelope ID: 41C42BC9-A8D8-436B-8E54-566C6AC7F6A4 1/24/2023 | 4:52 PM PST
22 City Council
Staff Report

Subject:

Updated Tier 2 Commitment Agreement Between the City of Rocklin, County of Placer, City of Roseville, and City of Lincoln Date:

February 14, 2023
Submitted By:

Justin Nartker, Director of Public Services
Department:

Public Services
Recommendation:

Background:

The South Placer Traffic Model, developed in the 1990’s and used by all jurisdictions in South Placer County, required the construction of a limited access expressway from State Route 65 in Placer County to Highway 99 in Sutter County to relieve the general plan buildout conditions of Lincoln, Rocklin, Roseville, and Placer County (County). On October 27, 2020, the Rocklin City Council adopted Resolution No. 2020-207, approving the Placer Parkway Phase 1 Reimbursement Agreement, known as the Tier 2 Funding Commitment Agreement. This agreement allows Placer County to borrow funding for the first phase of the construction from Highway 65 to Foothills Boulevard and then be reimbursed by the South Placer Regional Transportation Authority (SPRTA) Tier 2 fee program. Copies of Resolution No. 2020-207 and the original Agreement are included as Attachment 3.

In addition, the agreement recognizes the funding and reimbursement agreement (FARA) between the County and United Auburn Indian Community (UAIC) for Phase 1, and commits Tier 2 fee revenue to reimburse the County for the Phase 1 project. Since 2020 the FARA has been fully executed; however, the funding amount has increased and on September 27, 2022, the agreement between the County and UAIC was updated to reflect the increase in the funding amounts.

As a result, the existing FARA with the County, Rocklin, Roseville, and Lincoln must also be updated to reflect the changes which are listed below:

• UAIC increases the amount to advance to the County to $27,745,250 (up from $15,000,000).
• The County estimates the cost of Phase 1 Project to be $81,900,000 (up from Item Number 2.D

23 $58,000,000).
• The County agrees to advance $36,745,250 on a reimbursable basis (up from $24,000,000 and includes $6,000,000 for design).
• Miscellaneous formatting and non-substantive changes.

The provision pertaining to the obligations of the City of Rocklin (Section 13 of the Tier 2 Funding Commitment Agreement) has not been changed from the prior version of the Agreement.

Staff has reviewed the proposed updates and recommends that the updated agreement be approved.

Fiscal Impact:

There is no fiscal impact associated with the staff recommendation. Rocklin does not currently collect or is expected in the future to collect the SPRTA Tier 2 Development Fee unless areas are annexed into the City’s jurisdiction after the effective date of the Agreement, and on any new development over and above the total densities or intensities approved in the Northwest Rocklin Annexation area General Development Plan after the effective date of the original 2020 agreement.

ATTACHMENTS:

1. Resolution - Updated Tier 2 Commitment Agreement

2. Updated Tier 2 Commitment Agreement

3. Resolution No. 2020-207 and Original Tier 2 Commitment Agreement 24 RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
APPROVING THE UPDATED TIER 2 COMMITMENT AGREEMENT BETWEEN THE CITY OF

ROCKLIN, COUNTY OF PLACER, CITY OF ROSEVILLE, AND CITY OF LINCOLN AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROCKLIN WHEREAS, on October 27, 2020, the City Council approved the Placer Parkway Phase 1 Reimbursement Agreement (entitled “Tier 2 Funding Commitment Agreement”) via Resolution 2020-207; and
WHEREAS, this agreement allows Placer County to borrow funding for the first phase of the construction from Highway 65 to Foothills Boulevard and then be reimbursed by the South Placer Regional Transportation Authority (SPRTA) Tier 2 fee program; and
WHEREAS, this agreement recognizes the funding and reimbursement agreement (FARA) between Placer County and United Auburn Indian Community (UAIC) for Phase 1 and commits Tier 2 fee revenue to reimburse the County for the Phase 1 project; and
WHEREAS, on September 27, 2022, the FARA between Placer County and the UAIC was updated to reflect funding increases and, as a result, the existing Tier 2 Commitment Agreement, between the City of Rocklin, County of Placer, City of Roseville, and City of Lincoln needs to be updated accordingly; and WHEREAS, Rocklin does not currently collect, nor is expected in the future to collect the SPRTA Tier 2 Development Fee unless areas are annexed into the City’s jurisdiction after the effective date of the Agreement, and on any new development over and above the total densities or intensities approved in the Northwest Rocklin Annexation area General Development Plan after the effective date of the original 2020 agreement.

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

Section 1. The revised Tier 2 Funding Commitment Agreement between Placer County, the cities of Lincoln, Rocklin, and Roseville, is approved. The City Manager is authorized to execute the updated agreement on behalf of the City of Rocklin, in substantially the form set forth in Exhibit “A” attached hereto.

PASSED AND ADOPTED this 14th day of February, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:
25 ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Ken Broadway, Mayor
ATTEST:
____________________________
Hope Ithurburn, City Clerk
26

Page 1 ends

Reso. No. 2023-

EXHIBIT A
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TIER 2 FUNDING COMMITMENT AGREEMENT

THIS TIER 2 FUNDING COMMITMENT AGREEMENT (“Agreement”) is made as of the day of , 2023 , by and among and the County of Placer, a political subdivision of the State of California, (“County”), the City of Lincoln, a municipal corporation (“Lincoln”), the City of Rocklin, a municipal corporation (“Rocklin”), and the City of Roseville, a municipal corporation (“Roseville”).

RECITALS

WHEREAS, the County and the United Auburn Indian Community (“Tribe”) have entered into a Funding and Reimbursement Agreement (“FARA”) to work cooperatively to design, finance, and construct the initial phase of the regional transportation project known as Placer Parkway, as such initial phase is depicted on Exhibit A attached hereto. (the “Placer Parkway Phase 1 Improvement Project”, or “Phase 1 Project”).

WHEREAS, the Phase 1 Project consists of transportation facilities extending generally from California State Route 65 west to Foothills Boulevard North in unincorporated Placer County.

WHEREAS, the FARA establishes a funding mechanism, based on a combination of reimbursable and non-reimbursable County and Tribe contributions, to facilitate construction of the Phase 1 Project, with reimbursement where applicable provided by future traffic impact fees paid pursuant to the South Placer Regional Transportation Authority’s Tier 2 Traffic Fee program. (“Tier 2 Fees.”)

WHEREAS, on September 1, 2015, the Placer County Board of Supervisors adopted Resolution 2015-189 approving an Initial Study/Mitigated Negative Declaration (SCH 2015052032), with required findings and mitigations and adopting a mitigation monitoring plan, for the Phase I Project.

WHEREAS, on March 21, 2017, the Placer County Board of Supervisors adopted Resolution 2017-065 approving the design contract for the Phase 1 Project.

WHEREAS, the FARA includes a commitment by the Tribe to advance to the County a total of up to Nine Million Dollars ($9,000,000) on a non-reimbursable basis, for use on the Phase 1 Project as more fully described in the FARA.

WHEREAS, in the FARA, the Tribe agreed to advance to the County a total of up to 28 2
Twenty Seven Million Seven Hundred Forty Five Thousand Two Hundred and Fifty Dollars ($27,745,250) on a reimbursable basis, for use on the Phase 1 Project as more fully described therein.

WHEREAS, the County has to date agreed to fund the design contract for the Phase 1 Project in the amount of Six Million Dollars ($6,000,000) (the “Design Costs”).

WHEREAS, a Memorandum of Understanding between the County and the Tribe calls for the Tribe to pay its fair share of a potential grade separation or equivalent project at Athens Avenue and the Union Pacific railroad tracks, as more fully described the in the FARA, and the County and Tribe have agreed that Tribe’s Remaining Grade Separation Project Fair Share Contribution is Eight Million Four Hundred Nine Thousand Five Hundred dollars ($8,409,500).

WHEREAS, the County estimates the cost of the Phase 1 Project in 2022 dollars is Eighty One Million Nine Hundred Thousand Dollars ($81,900,000) with funding shown on attached Exhibit D.

WHEREAS, in the FARA, the County agreed to advance a total of Thirty Six Million Seven Hundred Forty Five Thousand Two Hundred and Fifty Dollars ($36,745,250) on a reimbursable basis, for use on the Phase 1 Project, which consists of the Design Costs identified above and Thirty Million Seven Hundred Forty Five Thousand Two Hundred and Fifty Dollars ($30,745,250) in additional funds, as more fully described in the FARA.

WHEREAS, Lincoln, Rocklin, and Roseville are referred to herein as the “City Parties.” WHEREAS, Section 7 of the Tier II Development Fee Memorandum of Agreement between the County and the City Parties provides a mechanism for reimbursement to a party or developer that constructs subject improvements as identified in that agreement.

WHEREAS, in order to provide an ongoing revenue source for the reimbursable amounts identified in the FARA, the County has requested the City Parties commit, as a first priority and with interest equal to the Tier 2 CCI identified herein, future Tier 2 revenues collected within the City Parties’ respective jurisdictions to repay the County and Tribe for the moneys the County and Tribe advanced pursuant to the FARA for construction of the Phase 1 Project.

WHEREAS, recognizing the need for the Phase 1 Project and the opportunity to advance construction of the Phase 1 Project that is provided by the FARA, the City 29 3
Parties have each agreed to commit Tier 2 revenues as identified herein.

WHEREAS the County and City Parties each desire to address the potential future application of Tier 2 Fees to Tribe-owned lands located in the County’s Sunset Area Plan area.

WHEREAS, the parties agree that there is funding contained in the SPRTA budgeting process designated for planning of future phases of Placer Parkway and that this Agreement is not intended to restrict or otherwise affect the use of such planning funds.

WHERAS, a copy of the FARA is attached as Exhibit B to this Agreement.

WHEREAS, the Parties wish to enter into an agreement to memorialize their understanding on the matters identified above.

AGREEMENT

NOW THEREFORE, the Parties hereto agree as follows:

1. Definitions. Words and phrases used in this Agreement shall have the following meanings:

Connector Roadway means the proposed roadway connection between the Phase 1 Project and the Athens Ave. as more fully depicted on attached Exhibit C.

Effective Date means the date that this Agreement is executed by all parties.

MOU means the Amended and Restated Memorandum of Understanding between the County and Tribe dated July 10, 2018, as such memorandum may be amended and/or restated from time to time.

SPRTA means the South Placer Regional Transportation Authority.

Tier 2 CCI means the annual construction cost index adjustment more fully described in amended Section 3 of the Tier 2 Agreement, whether or not formally adopted by SPRTA in any given year.

Tier 2 Agreement means that certain “Tier II Development Fee Memorandum of Agreement” entered into by the County and the City Parties on May 27, 2009, and amended in 2013 and 2017, as such 30 4
agreement may be amended from time to time.

2. Purpose and Intent of Agreement. The purpose and intent of this Agreement is to provide for the memorialization of the understanding between the Parties regarding each party’s obligation to contribute future Tier 2 revenues to reimburse the County and Tribe for Phase 1 Project and related costs incurred by the County and Tribe, accounting therefore, and acknowledgement of reimbursement rights relating to such revenues.

3. Term and Termination. This Agreement shall be effective as of the date first above written and shall remain in effect for thirty (30) years, or until such time as the Parties agree to extend, terminate and/or supersede this Agreement.

4. City Parties’ Obligations Regarding Tier 2 Fees. The City Parties, and each of them, agree, for the term of this Agreement, to:

a. Continue to collect Tier 2 Fees as provided for in the Tier 2 Agreement, including the Tier 2 CCI.

b. Forward to SPRTA all Tier 2 Fees collected, including the Tier 2 CCI.

c. Consent to SPRTA distributing Tier 2 Fees, including the Tier 2 CCI, to the County for the purposes of reimbursing the County and Tribe for costs of the Phase 1 Project as provided for in the FARA. The City Parties each agree that collection and distribution of the Tier 2 CCI to the County as provided for herein will provide County a source of funds to pay to the County and Tribe, as the case may be, interest on reimbursable amounts based on the Construction Cost Index as identified in the Tier 2 Agreement. By executing its consent hereto, SPRTA agrees to Tier 2 Fees to the County until the entire Reimbursement Maximum, including Tier 2 CCI amounts, is reimbursed.

d. Take such measures as necessary to ensure that Tier 2 Fees and the Tier 2 CCI will continue to be collected and distributed as provided for herein, whether such fees are renamed and/or modified or replaced by a functionally equivalent fee, including, without limitation, one or more regional fees involving one or more public entities.

e. Nothing in this Agreement shall be construed to create an obligation of, or be attributable to, the City Parties’ general or special funds 31 5
or any other funds in the possession or control of the City Parties or their accounts now or in the future.

5. Connector Roadway. The City Parties each agree and
acknowledge as follows:

a. In the FARA, the County agreed to review and process in accordance with established County practices any applications for encroachment, grading and/or other permits that the Tribe may determine advisable or necessary to build and connect the Tribe’s proposed Connector Roadway, either as such Connector Roadway is described in attached Exhibit C (including right turn in/right turn out components) or as may otherwise be requested by the Tribe, to the Phase 1 Project and to Athens Ave., with the Tribe responsible for all costs of environmental compliance, permitting and building the Connector Roadway, including such traffic control devices as may be reasonably required by the County.

Any material changes to the proposed Connector Roadway from that shown on attached Exhibit C shall be presented to SPRTA for its review and concurrence.

b. That the Connector Roadway, if constructed, shall be property of the Tribe and shall not be part of the County’s maintained mileage system of
roadways.

c. That the intent of the cooperating agencies is for the Placer Parkway to be a limited access expressway, and that, although intersections may start as at-grade signalized intersections, the goal is that grade-separated interchanges would eventually be constructed.

6. Tribe Non-Reimbursable Contribution.

a. The City Parties agree and acknowledge that the Tribe agreed in the FARA to remit to the County a total of up to Nine Million Dollars ($9,000,000) as a non-reimbursable contribution for use on the Phase 1 Project (collectively, the “Tribe Non-Reimbursable Contribution”).

b. The County agrees to deposit the Tribe Non-Reimbursable Contribution for sole and exclusive use on the Phase 1 Project.

7. Tribe Reimbursable Contribution

32 6
a. The City Parties agree and acknowledge that the Tribe agreed in the FARA to remit to the County a total of up to Twenty Seven Million Seven Hundred Forty Five Thousand Two Hundred and Fifty Dollars ($27,745,250) as a reimbursable contribution for use on the Phase 1 Project (collectively, the “Tribe Reimbursable Contribution”).

b. The County agrees to deposit the Tribe Reimbursable
Contribution for sole and exclusive use on the Phase 1 Project.

c. The City Parties agree and acknowledge that Tier 2 Fees and Tier 2 CCI collected and forwarded to SPRTA will subsequently be forwarded to the County for reimbursement to the Tribe of reimbursable Tribe contributions, with interest at the Tier 2 CCI amount, pursuant to the FARA.

8. Remaining Phase 1 Project Costs

a. The parties agree and acknowledge that the County
agreed in the FARA to be responsible for all other Phase 1 Project Costs above
and beyond the Remaining Grade Separation Project Fair
Share Contribution, the Tribe Non-Reimbursable Contribution and the Tribe Reimbursable Contribution (such County obligations, including Design Costs, are collectively the “County Contributions”.)

b. The City Parties agree and acknowledge that Tier 2 Fees and Tier 2 CCI collected and forwarded to SPRTA will subsequently be forwarded to the County for reimbursement of the County Contributions and the Remaining Grade Separation Project Fair Share Contribution, with interest at the Tier 2 CCI amount.

9. County Obligation to Construct Phase 1 Project. The Parties agree that the County shall have the obligation to reasonably prosecute construction and completion of the Phase 1 Project to the extent permitted by law. County agrees to notify the City Parties in writing at least twice per year regarding construction progress.

10. Reimbursement Maximum. The parties agree that the maximum reimbursement amount subject to this Agreement shall be, adjusting for the Tier 2 CCI, the total of the Tribe Reimbursable Contribution, the County Contributions, the Remaining Grade Separation Project Fair Share Contribution, and any deficiency amounts paid by the County to the Tribe pursuant to Section 9(d) of FARA.

33 7

11. Tribe-Owned Lands Located in County’s Sunset Area Plan Area. The parties agree and acknowledge that that the Tribe owns land within the County’s Sunset Area Plan Area as such area is identified in the “Sunset Area Plan Public Review Draft” dated December 2018 and, further, that Tier 2 Fees are not currently collected in the Sunset Area Plan Area. The parties agree that should Tier 2 Fees, or equivalent, be collected in the future in the Sunset Area Plan Area, the Tribe shall be eligible for a credit on Tier 2 Fees in the amount of up to Nine Million Dollars ($9,000,000) in recognition of the Tribe Non-Reimbursable Contribution.

12. General Provisions. Except to the extent specifically addressed herein, this Agreement shall be governed by the provisions of the Tier 2 Agreement. Each party shall also comply with all other agreements, if any, made by the Parties in furtherance of the Phase 1 Project.

13. Rocklin Obligations. Notwithstanding any contrary terms herein, any and all obligations of the City of Rocklin to date pertaining to Tier 2 Fees for the Placer Parkway were satisfied by the City’s prior SR65/Whitney Ranch Parkway interchange improvements. This Tier 2 Funding Commitment Agreement does not require the City of Rocklin to administer or collect Tier 2 Fees for the Placer Parkway. The City will continue to be subject to the terms of the Tier 2 Agreement regarding the imposition of Tier 2 Fees on new development located within any areas annexed into the City’s jurisdiction after the effective date of this Agreement, and on any new development over and above the total densities or intensities approved in the Northwest Rocklin Annexation Area General Development Plan after the effective date of this Agreement. . The parties agree that this Agreement shall apply to any such new development(s).

14. 2020-2021 SPRTA Travel Demand Model/Tier 1& Tier 2 Fee Update. The parties agree and acknowledge that the Placer County Transportation Planning Agency (PCTPA) and its member agencies, including the County and the City Parties, will hire a qualified consultant team to provide traffic modeling services to update the SPRTA Regional Transportation and Air Quality Mitigation Fee program. The services will specifically include 1) Updating the existing SPRTA travel demand forecasting model, with the goal that projects that are evaluated with the model are SB 743 compliant, and 2) Updating the Tier I and Tier II SPRTA Regional Impact Fee Programs, including the purpose of facilitating the establishment of a reasonable nexus between impacts and the fees included in the fee program.

15. Notices. Any notices to Parties required by this Agreement shall be delivered or mailed, U.S. first class, postage prepaid, addressed as 34 8
follows:

If to County:

County of Placer With a copy to:

Director of Public Works Placer County Counsel
3091 County Center Drive 175 Fulweiler Avenue
Auburn, CA 95603 Auburn, CA 95603

If to Lincoln: With a copy to:

If to Rocklin: With a copy to:

If to Roseville: With a copy to:

If to SPRTA: With a copy to:

Notices under this Agreement shall be deemed given and received at the earlier of actual receipt, or the second business day following deposit in the United States mail, as required above. Any party may amend its address for notice by notifying the other Parties. The parties agree that this 35 9
agreement notice page and signature pages may be completed in counterparts.

IN WITNESS WHEREOF, the Parties have each caused their duly authorized officers to execute this Agreement effective as of the date first written above.

COUNTY OF PLACER

By:

Print Name:

Its:

Date:

APPROVED AS TO FORM:

By:

County Counsel

CITY OF LINCOLN

By:

Print Name:

Its:

Date:

APPROVED AS TO FORM:

By:

City Attorney

[Signatures continued on following pages]
36 10

CITY OF ROCKLIN

By:

Print Name:

Its:

Date:

APPROVED AS TO FORM:

BY:

City Attorney

CITY OF ROSEVILLE

By:

Print Name:

Its:

Date:

APPROVED AS TO FORM:

By:

City Attorney

[Signatures continued on following page]

37 11

CONSENT OF SPRTA

The South Placer Regional Transportation Authority hereby consents to the provisions of this Agreement and agrees to be bound hereby. SPRTA agrees to pay to County accrued revenues, including Tier 2 CCI amounts, as provided for herein no less than semi-annually. SPRTA further agrees and acknowledges that Tier 2 CCI amounts are being forwarded to the County for payment of interest to the County and Tribe on reimbursable amounts in a percentage equivalent to the Tier 2 CCI amount.

By:

Print Name:

Its:

Date:

APPROVED AS TO FORM:

By:

SPRTA Counsel

Exhibit List:

Exhibit A - Placer Parkway Phase 1 Improvement Project Description Exhibit B - Funding and Reimbursement Agreement
Exhibit C - Connector Road Project Description
Exhibit D - Placer Parkway Phase 1 Improvement Project Funding Summary

38 12

EXHIBIT A
Placer Parkway Phase 1 Improvement Project Description

The Placer Parkway Phase 1 Improvements Project (Phase 1 Project) is the initial necessary phase of the planned Placer Parkway corridor, which will ultimately be a 15‐ mile, high‐speed transportation facility that will connect State Route (SR) 65 in western Placer County to SR 70/99 in south Sutter County. The Placer Parkway is an opportunity to implement infrastructure improvements that will benefit a wide range of individuals, businesses and communities in rural and suburban western Placer County and eastern Sutter County. The Parkway will link rural areas and provide a connection to and from existing and planned development near some of the region's fastest growing communities and job centers. The Placer Parkway project was planned to respond to increased travel demand and congestion related to anticipated population and jobs growth as well as to improve goods movement. It was also planned to address the lack of alternative routes between SR 99/70 and SR 65, two busy regional highways. The Parkway provides additional east‐west access parallel facility to I‐80 that will reduce congestion, allowing for better movement of goods on the interstate freight corridor.

The Parkway will improve access from rural and suburban areas to the I‐80 and I‐5 corridors, high tech industry in the SR 65 corridor, job centers in downtown Sacramento, and airports in Lincoln and Sacramento. It will also provide access to the planned commercial, industrial, entertainment, education and residential development in the Sunset Area, which encompasses 8,497 acres located in unincorporated south Placer County.

Phase 1 of the Parkway is proposed to be built as a four‐lane roadway from SR 65 to Foothills Boulevard North. The Phase 1 Project begins at SR 65 in Placer County at the existing SR 65/Whitney Ranch Parkway between Sunset Boulevard and Twelve Bridges Drive and terminates 1.5 miles to the southwest at Foothills Boulevard North. Phase I establishes full freeway access at SR 65 with the completion of the interchange and construction of a new roadway connection west to Foothills Boulevard North. It will provide alternative connections to Foothills Boulevard North to relieve congestion along SR 65 at Sunset Boulevard and Twelve Bridges Drive and along Industrial Avenue and Sunset Boulevard.

Phase 1 also includes an overhead grade separation at the Union Pacific Railroad (UPRR) tracks parallel to Industrial Avenue. This provides vehicles a safe crossing of the railroad tracks and will reduce the number of vehicles using the

existing UPRR at‐grade crossing at Athens Avenue and Industrial Avenue. This will also have benefits for UPRR operations.

39 13

40 EXHIBIT B
Funding and Reimbursement Agreement

41 42
43 44
45 EXHIBIT C
Connector Road Project Description

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EXHIBIT D
Placer Parkway Phase 1 Improvement Project Funding Summary

Estimated Project Cost: $81,900,000
UAIC Non-Reimbursable $9,000,000
UAIC Reimbursable $27,745,250
UAIC Athens Grade Separation $8,409,500
Reimbursable to County
County Reimbursable $36,745,250

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50 51
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56 57
58 59
60 61
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68 RESOLUTION NO. 2020-207

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN APPROVING THE PLACER PARKWAY PHASE 1 REIMBURSEMENT AGREEMENT
WHEREAS, the South Placer Traffic Model, developed in the 1990s and used by all jurisdictions in South Placer County, required the construction of an limited access expressway from State Route 65 in Placer County to Highway 99 in Sutter County to relieve the general plan buildout conditions of Lincoln, Rocklin, Roseville and Placer County; and
WHEREAS, the Placer Parkway Phase 1 Reimbursement Agreement attached hereto as Exhibit "A," would allow Placer County and the United Auburn Indian Community to jointly fund the first phase of the construction from Highway 65 to Foothills Boulevard with reimbursement by the South Placer Regional Transportation Authority (SPRTA) Tier 2 fee program.

NOW BE IT RESOLVED BY the City Council of the City of Rocklin as follows:

Section 1. The City Council hereby approves the Placer Parkway Phase 1 Reimbursement Agreement in substantially the form attached hereto as Exhibit "A/' and authorizes the City Manager to execute the Agreement on behalf of the City.

PASSED AND ADOPTED this 27th day of October, 2020, by the following vote:

AYES: Councilmembers: Broadway, Gayaldo, Halldin, Janda, Patterson NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Council members: None
ATIEST:
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1003415.5

T
IER 2 FUNDING COMMITMENT AGREEMENT

THIS TIER 2 FUNDING COMMITMENT AGREEMENT (“Agreement”) is made as of the _____ day of _________, 2020, by and among and the County of Placer, a political subdivision of the State of California, (“County”), the City of Lincoln, a municipal corporation (“Lincoln”), the City of Rocklin, a municipal corporation (“Rocklin”), and the City of Roseville, a municipal corporation (“Roseville”).

RECITALS

WHEREAS, the County and the United Auburn Indian Community (“Tribe”) have entered or will enter into a Funding and Reimbursement Agreement (“FARA”) to work cooperatively to design, finance, and construct the initial phase of the regional transportation project known as Placer Parkway, as such initial phase is depicted on Exhibit A attached hereto. (the “Placer Parkway Phase 1 Improvement Project”, or “Phase 1 Project”).

WHEREAS, the Phase 1 Project consists of transportation facilities extending generally from California State Route 65 west to Foothills Boulevard North in unincorporated Placer County.

WHEREAS, on March 21, 2017, the Placer County Board of Supervisors adopted Re
solution 2017-065 approving the design contract for the Phase 1 Project.

Page 1 of 40 ends

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1003415.5

W
HEREAS, the FARA includes a commitment by the Tribe to advance to the County a total of Nine Million Dollars ($9,000,000) on a non-reimbursable basis, for use on the Phase 1 Project as more fully described in the FARA.

WHEREAS, in the FARA, the Tribe agreed to advance to the County a total of Fifteen Million Dollars ($15,000,000) on a reimbursable basis, for use on the Phase 1 Project as more fully described therein.

WHEREAS, the County has to date agreed to fund the design contract for the Phase 1 Project in the amount of Six Million Dollars ($6,000,000) (the “Design Costs”).

WHEREAS, the County estimates the cost of the Phase 1 Project in 2018 dollars is Fifty Eight Million Dollars ($58,000,000) with funding shown on attached Exhibit D.

WHEREAS, in the FARA, the County agreed to advance a total of Twenty Four Million Dollars ($24,000,000) on a reimbursable basis, for use on the Phase 1 Project, which consists of the Design Costs identified above and Eighteen Million Dollars ($18,000,000) in additional funds, as more fully described in the FARA.

WHEREAS, Lincoln, Rocklin, and Roseville are referred to herein as the “City Parties.”

WHEREAS, Section 7 of the Tier II Development Fee Memorandum of Agreement between the County and the City Parties provides a mechanism for reimbursement to a party or developer that constructs subject improvements as identified in that agreement.

Page 2 of 40 ends

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1003415.5

a
nd Tribe for the moneys the County and Tribe advanced pursuant to the FARA for construction of the Phase 1 Project.

WHEREAS, recognizing the need for the Phase 1 Project and the opportunity to advance construction of the Phase 1 Project that is provided by the FARA, the City Parties have each agreed to commit Tier 2 revenues as identified herein.

WHEREAS the County and City Parties each desire to address the potential future application of Tier 2 Fees to Tribe-owned lands located in the County’s Sunset Area Plan area.

WHERAS, a copy of the FARA is attached as Exhibit B to this Agreement.

WHEREAS, the Parties wish to enter into an agreement to memorialize their understanding on the matters identified above.

AGREEMENT

NOW THEREFORE, the Parties hereto agree as follows:

1. Definitions. Words and phrases used in this Agreement shall have the following meanings:

Connector Roadway means the proposed roadway connection between the Phase 1 Project and the Athens Ave. as more fully depicted on attached Exhibit C.

Effective Date means the date that this Agreement is executed by all parties.

MOU means the Amended and Restated Memorandum of Understanding between the County and Tribe dated July 10, 2018, as such memorandum may be amended and/or restated from time to time.

Page 3 of 40 ends

4 1003415.5

S
PRTA means the South Placer Regional Transportation Authority.

Tier 2 CCI means the annual construction cost index adjustment more fully described in amended Section 3 of the Tier 2 Agreement, whether or not formally adopted by SPRTA in any given year.

4. City Parties’ Obligations Regarding Tier 2 Fees . The City Parties, and each of them, agree, for the term of this Agreement, to:

a. Continue to collect Tier 2 Fees as provided for in the Tier 2 Agreement, including the Tier 2 CCI.

b. Forward to SPRTA all Tier 2 Fees collected, including the Tier 2 CCI.

Page 4 of 40 ends

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1003415.5

C
ounty as provided for herein will provide County a source of funds to pay to the County and Tribe, as the case may be, interest on reimbursable amounts based on the Construction Cost Index as identified in the Tier 2 Agreement. By executing its consent hereto, SPRTA agrees to Tier 2 Fees to the County until the entire Reimbursement Maximum, including Tier 2 CCI amounts, is reimbursed.

e. Nothing in this Agreement shall be construed to create an obligation of, or be attributable to, the City Parties’ general or special funds or any other funds in the possession or control of the City Parties or their accounts now or in the future.

5. Connector Roadway. The City Parties each agree and
acknowledge as follows:

Any material changes to the proposed Connector Roadway from that shown on attached Exhibit C shall be presented to SPRTA for its review and concurrence.

b. That the Connector Roadway, if constructed, shall be property of the Tribe and shall not be part of the County’s maintained mileage system

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f roadways.

6. Tribe Non-Reimbursable Contribution.

a. The City Parties agree and acknowledge that the Tribe agreed in the FARA to remit to the County a total of Nine Million Dollars ($9,000,000) as a non-reimbursable contribution for use on the Phase 1 Project (collectively, the “Tribe Non-Reimbursable Contribution”).

b. The County agrees to deposit the Tribe Non-Reimbursable Contribution for sole and exclusive use on the Phase 1 Project.

7. Tribe Reimbursable Contribution

a. The City Parties agree and acknowledge that the Tribe agreed in the FARA to remit to the County a total of Fifteen Million Dollars ($15,000,000) as a reimbursable contribution for use on the Phase 1 Project (collectively, the “Tribe Reimbursable Contribution”).

b. The County agrees to deposit the Tribe Reimbursable
Contribution for sole and exclusive use on the Phase 1 Project.

8. Remaining Phase 1 Project Costs

a. The parties agree and acknowledge that the County agreed in the FARA to be responsible for all other Phase 1 Project Costs above

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nd beyond the Remaining Grade Separation Project Fair Share Contribution, the Tribe Non-Reimbursable Contribution and the Tribe Reimbursable Contribution (such County obligations, including Design Costs, are collectively the “County Contributions”.)

11. Tribe-Owned Lands Located in County’s Sunset Area Plan Area. The parties agree and acknowledge that that the Tribe owns land within the County’s Sunset Area Plan Area as such area is identified in the “Sunset Area Plan Public Review Draft” dated December 2018 and, further, that Tier 2 Fees are not currently collected in the Sunset Area Plan Area. The parties agree that should Tier 2 Fees, or equivalent, be collected in the future in the Sunset Area Plan Area, the Tribe shall be eligible for a credit on Tier 2 Fees in the amount of Nine Million Dollars ($9,000,000) in recognition of the Tribe Non-Reimbursable Contribution.

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ade by the Parties in furtherance of the Phase 1 Project.

15. Notices. Any notices to Parties required by this Agreement shall be delivered or mailed, U.S. first class, postage prepaid, addressed as follows:

If to County:

County of Placer With a copy to:

Director of Public Works Placer County Counsel
3091 County Center Drive 175 Fulweiler Avenue
Auburn, CA 95603 Auburn, CA 95603

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If to Lincoln: With a copy to:
______________________ ______________________
______________________ ______________________
______________________ ______________________
______________________ ______________________

If to Rocklin: With a copy to:
______________________ ______________________
______________________ ______________________
______________________ ______________________
______________________ ______________________

If to Roseville: With a copy to:
______________________ ______________________
______________________ ______________________
______________________ ______________________
______________________ ______________________

If to SPRTA: With a copy to:
______________________ ______________________
______________________ ______________________
______________________ ______________________
______________________ ______________________

IN WITNESS WHEREOF, the Parties have each caused their duly authorized officers to execute this Agreement effective as of the date first written above.

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OUNTY OF PLACER

By: ____________________________
Print Name: ____________________
Its: ____________________________
Date: __________________________

APPROVED AS TO FORM:

By: ____________________________
County Counsel

CITY OF LINCOLN

By: ____________________________
Print Name: ____________________
Its: ____________________________
Date: __________________________

APPROVED AS TO FORM:

By: ____________________________
City Attorney

CITY OF ROCKLIN

By: ____________________________
Print Name: ____________________
Its: ____________________________
Date: __________________________

APPROVED AS TO FORM:

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B
Y: ____________________________
City Attorney

CITY OF ROSEVILLE

By: ____________________________
Print Name: ____________________
Its: ____________________________
Date: __________________________

APPROVED AS TO FORM:

By: ____________________________
City Attorney

CONSENT OF SPRTA

By: ____________________________
Print Name: ____________________
Its: ____________________________
Date: __________________________

APPROVED AS TO FORM:

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B
Y: ____________________________
SPRTA Counsel

Exhibit List:

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XHIBIT A
Placer Parkway Phase 1 Improvement Project Description

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xisting UPRR at‐grade crossing at Athens Avenue and Industrial Avenue. This will also have benefits for UPRR operations.

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XHIBIT B
Funding and Reimbursement Agreement

FUNDING AND REIMBURSEMENT AGREEMENT

THIS FUNDING AND REIMBURSEMENT AGREEMENT (“Agreement”) is made as of the _____ day of _________, 2020, by and among and the County of Placer, a political subdivision of the State of California, (“County”) and the United Auburn Indian Community (“UAIC”, or “Tribe”).

RECITALS

WHEREAS, the County and UAIC wish to work cooperatively to design, finance, and construct the initial phase of the regional transportation project known as Placer Parkway, as such initial phase is depicted on Exhibit AA attached hereto. (the “Placer Parkway Phase 1 Improvement Project”, or “Phase 1 Project”).

WHEREAS, the County and UAIC entered into that certain Memorandum of Understanding (“MOU”) dated January 20, 2000, which MOU was amended and restated on July 10, 2018, addressing the development of the Tribe’s gaming facility property on Athens Avenue in unincorporated Placer County and various other matters as contained therein.

WHEREAS, the Phase 1 Project consists of transportation facilities extending generally from California State Route 65 west to Foothills Boulevard North in unincorporated Placer County, south of the gaming facility property identified above.

WHEREAS, on March 21, 2017, the Placer County Board of Supervisors adopted Re
solution 2017-065 approving the design contract for the Phase 1 Project.

WHEREAS, the County has to date agreed to fund the design contract for the Phase 1 Project in the amount of Six Million Dollars ($6,000,000) (the “Design Costs”).

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HEREAS, the MOU calls for the Tribe to pay its fair share of a potential grade separation or equivalent project at Athens Avenue and the Union Pacific railroad tracks, as more fully described on attached Exhibit BB (the “Grade Separation Project.)”

WHEREAS, the County and Tribe agree that the Tribe’s remaining fair share contribution for the Grade Separation Project is Eight Million Four Hundred Nine Thousand and Five Hundred dollars ($8,409,500) (the “Remaining Grade Separation Project Fair Share Contribution.”)

WHEREAS, the County and Tribe wish to establish a funding mechanism, based on a combination of reimbursable and non-reimbursable County and Tribe contributions, that will facilitate construction of the Phase 1 Project, with reimbursement where applicable provided by future traffic impact fees paid pursuant to the South Placer Regional Transportation Authority’s Tier 2 Traffic Fee program. (“Tier 2 Fees.”)

WHEREAS, the Tribe has agreed to pay to the County as a non-reimbursable contribution the Remaining Grade Separation Project Fair Share Contribution and the County has agreed to use the Remaining Grade Separation Project Fair Share Contribution for construction of the Phase 1 Project, as more fully described herein.

WHEREAS, the County has agreed to relieve the Tribe of any further obligation for the Grade Separation Project upon full payment to the County of the Remaining Grade Separation Project Fair Share Contribution.

WHEREAS, the Tribe has agreed to advance to the County a total of Nine Million Dollars ($9,000,000) on a non-reimbursable basis, for use on the Phase 1 Project as more fully described herein.

WHEREAS, the Tribe has agreed to advance to the County a total of Fifteen Million Dollars ($15,000,000) on a reimbursable basis, for use on the Phase 1 Project as more fully described herein.

WHEREAS, the County and Tribe estimate the cost of the Phase 1 Project in 2018 dollars is Fifty Eight Million Dollars ($58,000,000).

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HEREAS, the County has agreed to advance a total of Twenty Four Million Dollars ($24,000,000) on a reimbursable basis, for use on the Phase 1 Project, which consists of the Design Costs identified above and Eighteen Million Dollars ($18,000,000) in additional funds, as more fully described herein.

WHEREAS, the County and UAIC wish to enter into an agreement to memorialize their understanding on the matters identified above.

AGREEMENT

NOW THEREFORE, the Parties hereto agree as follows:

1. Definitions. Words and phrases used in this Agreement shall have the following meanings:

Board of Supervisors means the Placer County Board of Supervisors.

Connector Roadway means the proposed roadway connection between the Phase 1 Project and the Athens Ave. as more fully depicted on attached Exhibit CC.

Effective Date means the date that this Agreement is executed by both parties.

MOU means the Amended and Restated Memorandum of Understanding between the parties dated July 10, 2018, as such memorandum may be amended and/or restated from time to time.

SPRTA means the South Placer Regional Transportation Authority

Tier 2 CCI means the annual construction cost index adjustment more fully described in amended Section 3 of the Tier 2 Agreement, whether or not formally adopted by SPRTA in any given year.

Tier II Development Fee Memorandum of Agreement means that certain agreement of the same title entered into by the County, and the cities of Lincoln, Rocklin, and Roseville on May 27, 2009, and amended in 2013

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a
nd 2017, as such agreement may be amended from time to time.

2. Purpose and Intent of Agreement. The purpose and intent of this Agreement is to provide for the memorialization of the understanding between the Tribe and County regarding each party’s contribution towards Phase 1 Project and related costs, accounting therefore, and allocation reimbursement rights relating to such contributions.

3. Term and Termination. This Agreement shall be effective as of the date first above written and shall remain in effect for twenty (20) years, or until such time as the Parties agree to extend, terminate and/or supersede this Agreement.

4. Payment of Tribe Grade Separation Contribution; Discharge of Tribe Grade Separation Obligation

a. UAIC agrees to remit to the County the following non- reimbursable amounts (collectively constituting the Remaining Grade Separation Project Fair Share Contribution) for use on the Phase 1 Project:

1. Five Million Eight Hundred Thousand Dollars ($5,800,000) upon the County adopting plans and specifications for
bidding of the Phase 1 Project.

2. One Million Five Hundred Thousand Dollars ($1,500,000) upon award by the County of a construction contract for the Phase 1 Project.

3. One Million One Hundred Nine Thousand and Five
Hundred Dollars ($1,109,500) upon delivery from County to Tribe of written notice that the County has incurred Twenty Million Dollars ($20,000,000) in construction costs for the Phase 1 Project.

b. County agrees to use the Remaining Grade Separation Project Fair Share Contribution for sole and exclusive use on the Phase 1 Project.

Upon full receipt of the Remaining Grade Separation Project Fair Share

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C
ontribution, the County shall fully and forever discharge the Tribe from future financial contribution for the Grade Separation Project associated with the Tribal Casino Project. Tribe agrees and acknowledges that the County’s use of the Remaining Grade Separation Project Fair Share Contribution shall be subject to reimbursement to the County from Tier 2 Fees as provided for in Section 9 herein.

5. Connector Roadway. The Parties agree as follows:

a. County agrees to review and process in accordance with established County practices any applications for encroachment, grading and/or other permits that UAIC may determine advisable or necessary to build and connect the Tribe’s proposed Connector Roadway, either as such Connector Roadway is described in attached Exhibit CC or as may otherwise be requested by the Tribe, to the Phase 1 Project and to Athens Ave. County shall have no obligation to grant such applications except to the extent such applications create a mandatory duty on the County’s behalf. Tribe shall be responsible for all costs of environmental compliance, permitting and building the Connector Roadway, including such traffic control devices as may be reasonably required by the County.

b. The parties agree that the Connector Roadway, if constructed, shall be property of the Tribe and shall not be part of the County’s maintained mileage system of roadways.

c. Tribe agrees to provide authority, though such means as may be reasonably requested by the Placer County Sheriff’s Office and the California Highway Patrol, for civil traffic enforcement authority over vehicles and persons on and adjacent to the Connector Roadway. This Agreement shall have no effect on the applicability of criminal laws, as such may be applicable pursuant to P.L. 280 or otherwise, on and around the Connector Roadway.

d. County and Tribe agree and acknowledge that the Connector Roadway is not intended for use by traffic (whether trucks, cars or other vehicles) to and/or from the Western Regional Sanitary Landfill (Landfill), Materials Recovery Facility (MRF) and/other waste management facilities

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t
hat are or may in the future be located in the area of Athens Ave. and Fiddyment Road. The parties agree to work with the Western Placer Waste Management Authority or any successor entity to install necessary signage and take such other actions as will route Landfill and MRF traffic away from the Connector Roadway. County agrees, if requested by the Tribe, to install signage on the Phase 1 Project when completed and on other future Placer Parkway components when completed stating that Landfill and MRF traffic is not permitted on the Connector Roadway.

6. Tribe Non-Reimbursable Contribution

a. UAIC agrees to remit to the County a total of Nine Million Dollars ($9,000,000) as a non-reimbursable contribution for use on the Phase 1 Project (collectively, the “Tribe Non-Reimbursable Contribution”).

The Tribe shall pay the Tribe Non-Reimbursable Contribution to the County in installments no more frequently than quarterly when requested in writing by the County and upon demonstration by the County that the requested funds are needed to pay for Phase 1 Project construction or other project related expenses.

b. County agrees to use the Tribe Non-Reimbursable
Contribution for sole and exclusive use on the Phase 1 Project.

7. Tribe Reimbursable Contribution

a. UAIC agrees to remit to the County a total of Fifteen Million Dollars ($15,000,000) as a reimbursable contribution for use on the Phase 1 Project (collectively, the “Tribe Reimbursable Contribution”). The Tribe shall pay the Tribe Reimbursable Contribution to the County in installments no more frequently than quarterly when requested in writing by the County and upon demonstration by the County that the requested funds are needed to pay for Phase 1 Project construction or other project related expenses.

b. County agrees to use the Tribe Reimbursable Contribution for sole and exclusive use on the Phase 1 Project.

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c. The parties agree that the Tribe Reimbursable Contribution shall be reimbursed to the Tribe as provided for in Section 9 herein.

7. Remaining Phase 1 Project Costs

a. The County agrees to and shall be responsible for all other Phase 1 Project Costs above and beyond the Remaining Grade Separation Project Fair Share Contribution, the Tribe Non-Reimbursable Contribution and the Tribe Reimbursable Contribution (such County obligations, including Design Costs, are collectively the “County Contributions”.)

b. The parties agree that the County Contributions shall be reimbursed to the County as provided for in Section 9 herein.

8. County Obligation to Construct Phase 1 Project.

The Parties agree that the County shall have the obligation to reasonably prosecute construction and completion of the Phase 1 Project to the extent permitted by law as provided for herein. The Tribe shall have no construction rights or obligations on the Phase 1 Project. County agrees to make reasonable efforts to meet the Tentative Construction Schedule attached as Exhibit EE. County agrees to notify Tribe in writing at least once per quarter regarding construction progress. The parties agree and acknowledge that the Tentative Construction Schedule is subject to force majeure events, potential delay, and other unforeseen circumstances beyond the County’s control.

9. Reimbursement.

a. The parties agree the Tribe Reimbursable Contribution shall be reimbursed to the Tribe by June 30th of each fiscal year as follows:

1. First reimbursement to occur one year after that first draw of funds that are entitled to interest: Five Hundred Thousand Dollars ($500,000) plus the Tier 2 CCI.

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2. Second Fiscal Year from initial draw: One Million Five Hundred Thousand Dollars ($1,500,000) plus the Tier 2 CCI.

3. Third Fiscal Year from initial draw: One Million Six Hundred and Twenty Five Thousand Dollars ($1,625,000) plus the Tier 2 CCI.

4. Forth Fiscal Year from initial draw: One Million Six Hundred and Twenty Five Thousand Dollars ($1,625,000) plus the Tier 2 CCI.

5. Fifth Fiscal Year from initial draw: One Million Six Hundred and Twenty Five Thousand Dollars ($1,625,000) plus the Tier 2 CCI.

6. Six Fiscal Year from initial draw: One Million Six Hundred and Twenty Five Thousand Dollars ($1,625,000) plus the Tier 2 CCI.

7. Seventh Fiscal Year from initial draw: One Million Six Hundred and Twenty Five Thousand Dollars ($1,625,000) plus the Tier 2 CCI.

8. Eighth Fiscal Year from initial draw: One Million Six Hundred and Twenty Five Thousand Dollars ($1,625,000) plus the Tier 2 CCI.

9. Ninth Fiscal Year from initial draw: One Million Six Hundred and Twenty Five Thousand Dollars ($1,625,000) plus the Tier 2 CCI.

10. Tenth Fiscal Year from initial draw: One Million Six Hundred and Twenty Five Thousand Dollars ($1,625,000) plus the Tier 2 CCI.

b. All reimbursements to the Tribe shall be subject, on an annual basis, to adjustment in the amount of the Cost of Living Adjustment applicable to the Tier 2 Program (the “Tier 2 CCI”). County shall notify Tribe on an annual basis of the amount of the Tier 2 CCI.

c. The source for reimbursement shall be solely Fifty Percent (50%) of the Tier 2 Fees actually received by the County in a given fiscal year (the “Annual Reimbursement Source”). Nothing in this Agreement shall be construed to create an obligation of, or be attributable to, County's general or special funds, County Service Area accounts, or any other funds in the possession or control of the

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ounty or its accounts now and in the future, except as otherwise expressly provided herein.

d. In the event the Annual Reimbursement Source available to the County in a given fiscal year is insufficient to pay that year’s reimbursement amount to the Tribe, the County shall either: 1) identify and remit to Tribe other funds adequate to cover the deficiency; or, 2) provide to the Tribe a credit on in-lieu real property taxes paid in that fiscal year from the Tribe to the County pursuant to the MOU.

The credit shall be made available to the Tribe on the first payment installment date following the close of the fiscal year in which the reimbursement deficiency occurred.

e. The Tribe agrees and acknowledges that all amounts paid by the County for the Phase 1 Project, including, without limitation, the Tribe Grade Separation Contribution and any deficiency amounts paid or provided to the Tribe pursuant to Section 9(d) herein, shall be eligible for reimbursement to the County from that portion of Tier 2 Fees not designated for reimbursement to Tribe pursuant hereto.

12. Approval by South Placer Regional Transportation Authority (“SPRTA”) and/or SPRTA Member Entities. Tribe agrees and acknowledges that this Agreement may be subject to the consent and approval of the South Placer Regional Transportation Authority and/or its member entities. County agrees to notify Tribe in writing by September 30 2019 whether such approval is required. If the County determines such approval is required, Tribe shall have no obligation to make any payments hereto until and unless such approval is obtained. If the County determines such approval is required, and such approval is not obtained by December 31, 2019, this Agreement shall be null and void unless otherwise agreed to in writing by the Tribe and County.

13. Letter of Credit; Payment Provisions

a. To secure the Tribe’s obligations under this Agreement, the Tribe shall secure and keep in effect at all this Agreement is operative, an irrevocable, no-defense letter of credit in the amount of ____________________ million dollars ($________________.00) in substantially the same form as Exhibit DD attached hereto.

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b
. All payments due from either party to the other shall be paid within thirty (30) days unless otherwise provided for in this Agreement.

14. General Provisions

a. Compliance with Other Agreements. Each party shall comply with all other agreements, if any, made by the Parties in furtherance of the Phase 1 Project.

c. Records and Accounts. The County shall keep complete books of record and accounts of the finances of the Phase 1 Project, which shall document all material transactions relating to the Phase 1 Project, the Tribe’s contributions thereto and the Tribe’s reimbursement rights described in this Agreement. Said books shall, upon request, be open to inspection by the Tribe.

d. Further Assurances. Each party shall adopt, make, execute and deliver any and all such further resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the purposes and intent of this Agreement.

e. Amendment. This Agreement may be amended only by the written agreement of the Parties.

f. Jurisdiction and Venue. This Agreement shall be governed and interpreted pursuant to the Dispute Resolution and Judicial Review provisions of the MOU.

g. Waiver of Tribal Sovereign Immunity. The Tribe agrees to waive its sovereign immunity in favor of the County as to any dispute which arises out of this Agreement, pursuant to the terms set forth in the MOU for enforcement. The Tribe's governing body shall execute a formal Resolution of Limited Waiver of Sovereign Immunity in the form attached as Exhibit FF.

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h. No Third Party Beneficiaries. Except as may be provided in the MOU, this Amendment is not intended to, and shall not be construed to, create any right on the part of a Third Party to bring an action to enforce any of its terms.

i. No Other Effect on MOU. In all other respects not expressly addressed by this Amendment, the MOU remains in full force and effect.

j Notices. Any notices to Parties required by this Agreement shall be delivered or mailed, U.S. first class, postage prepaid, addressed as follows:

If to County:

County of Placer With a copy to:

County Executive Office Placer County Counsel
175 Fulweiler Avenue 175 Fulweiler Avenue
Auburn, CA 95603 Auburn, CA 95603

If to UAIC: With a copy to:
______________________ ______________________
______________________ ______________________
______________________ ______________________
______________________ ______________________

IN WITNESS WHEREOF, the Parties have each caused their duly authorized officers to execute this Agreement effective as of the date first written above.

COUNTY OF PLACER

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B
y: ____________________________
Print Name: ____________________
Its: ____________________________
Date: __________________________

APPROVED AS TO FORM:

By: ____________________________
County Counsel

UAIC

By: ____________________________
Print Name: ____________________
Its: ____________________________
Date: __________________________

APPROVED AS TO FORM:

By: ____________________________
Counsel to UAIC

Exhibit List:

Exhibit AA - Placer Parkway Phase 1 Improvement Project Description Exhibit BB - Grade Separation Project Description
Exhibit CC - Connector Road Project Description
Exhibit DD - Letter of Credit Form
Exhibit EE - Tentative Construction Schedule
Exhibit FF - Resolution of Limited Waiver of Sovereign Immunity

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xhibit AA - Placer Parkway Phase 1 Improvement Project Description

Placer Parkway Phase 1 Improvement Project Description

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e
xisting UPRR at‐grade crossing at Athens Avenue and Industrial Avenue. This will also have benefits for UPRR operations.

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E
xhibit BB - Grade Separation Project Description

Construction of a grade separation structure at the Athens Avenue railroad crossing that provides access to and from Athens Avenue and Industrial Boulevard. The Tribal Environmental Impact Report (TEIR) for the Thunder Valley Casino Expansion Project identified a cumulative impact associated with increased conflicts between automobiles and trains at the Athens Avenue grade crossing. The mitigation was to pay a fair share of a future grade separation project. Several alternatives were identified in the TEIR (Appendix G) with a raised intersection at Athens Avenue and Industrial Boulevard suggested as the recommended alternative. Subsequent study (Sunset/Industrial/Athens Operations Improvement Study, September 2010 by CH2MHill) identified a jug handle intersection at the intersection of Athens Avenue and Industrial Boulevard as a preferred alternative. Athens Avenue would be elevated over the existing railroad tracks and coming back down to grade east of Industrial Boulevard. A separate loop road would connect Athens Avenue and Industrial Boulevard. The existing signalized intersection would be removed and a new signalized intersection constructed at the loop road and Industrial Boulevard. Either alternative would totally separate automobile and train traffic and eliminate conflicts.

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xhibit CC - Connector Road Project Description

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100

32 1003415.5

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101

33 1003415.5

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102

34 1003415.5

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103

35 1003415.5

E
xhibit DD - Letter of Credit Form

[To be inserted]

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36 1003415.5

E
xhibit EE - Tentative Construction Schedule

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105

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xhibit FF - Resolution of Limited Waiver of Sovereign Immunity

[To be inserted]

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XHIBIT C
Connector Road Project Description

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40 1003415.5

XHIBIT D
Placer Parkway Phase 1 Improvement Project Funding Summary

Estimated Project Cost: $58,000,000

UAIC Non-Reimbursable $9,000,000
UAIC Reimbursable $15,000,000
UAIC Athens Grade Separation $8,409,500
Reimbursable to County
County Reimbursable $25,590,500

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109
City Council
Staff Report

Subject:

Northwest Rocklin Sewer Annexation Construction Notice of Completion
Date:

February 14, 2023
Submitted By:

Justin Nartker, Director of Public Services
Department:

Public Services
Recommendation:

Background:

On September 13, 2022, by Resolution No. 2022-178, the Northwest Rocklin Sewer Annexation Construction project, was approved by the City Council, and is included in both the 2023-2027 Capital Improvement Plan (CIP) and Fiscal Year (FY) 2022/23 Operating Budget.

This project consisted of upgrading the existing sewer line located on Atherton Drive to accommodate future development in the Northwest Rocklin Area.

The City Council awarded the contract to LaFleur Excavating, Inc. in the amount of $1,272,698 with a 15% contingency as provided by the Rocklin Municipal Code.

One balancing change order was issued, which decreased the project amount by fifty dollars ($50) for a total project amount of $1,272,648. The project was completed on December 1, 2022. Staff recommends the City Council accept the public work known as the Northwest Rocklin Sewer Annexation Construction, accept the Notice of Completion, and Authorize and Direct the Execution and Recordation of the Notice of Completion on behalf of the City.

Fiscal Impact:

There is no direct fiscal impact associated with approving the Notice of Completion. The project was funded using the existing funds available in the Whitney Ranch Truck Sewer Fund (306) and alternative funding that will be reimbursed as impact fees are received.

Item Number 2.E

ATTACHMENTS:

1. Resolution - Northwest Rocklin Sewer NOC
110
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

ACCEPTING THE PUBLIC WORK KNOWN AS THE NORTHWEST ROCKLIN SEWER ANNEXATION

CONSTRUCTION, APPROVING THE NOTICE OF COMPLETION THEREOF, AND AUTHORIZING AND

DIRECTING THE EXECUTION AND RECORDATION OF SAID NOTICE ON BEHALF OF THE CITY (Lafleur Excavating, Inc.)
WHEREAS, on September 13, 2022, the City Council of the City of Rocklin adopted Resolution 2022-178 awarding the contract for the Northwest Rocklin Sewer Annexation Construction project to LaFleur Excavating, Inc.; and
WHEREAS, this project consisted of upgrading the existing sewer line located on Atherton Drive to accommodate future development in the Northwest Rocklin Area; and WHEREAS, Rocklin Municipal Code section 3.04.050 authorized a contingency amount of fifteen percent of the contract ($195,905) was approved by the City Council of the City of Rocklin for a total authorized project cost of $1,463,603; and
WHEREAS, the project was completed on December 1, 2022, at a total cost of $1,272,648 (rounded); and
WHEREAS, this project was funded using the existing funds available in the Whitney Ranch Truck Sewer Fund (306) and alternative funding that will be reimbursed as impact fees are received.

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

Section 1 The attached Notice of Completion relative to the public work known as Northwest Rocklin Sewer Annexation Construction Project (LaFleur Excavating, Inc.), is hereby approved and the public work accepted.

Section 2. The Director of Public Services is authorized and directed to execute said Notice on behalf of the City of Rocklin.

Section 3. The City Clerk is authorized and directed to record said Notice in the Office of the Placer County Recorder when fully executed and notarized and within ten (10) days of Council approval.

PASSED AND ADOPTED this 14th day of February, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
111

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Resolution No. 2023-

___________________________
Ken Broadway, Mayor
ATTEST:
__________________________
Hope Ithurburn, City Clerk
112
Attachment to
Reso. No. 2023-
Recording Requested by and Return to:

No Fee Per Gov’t Code §27383
City Clerk
City of Rocklin
3970 Rocklin Road
Rocklin, CA 95677

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the public work known as Northwest Rocklin Sewer Annexation Construction is complete. The location of said project is the South Placer Municipal Utility District Sewer Line between West Oaks Boulevard and Atherton Road. The owner of said project is the City of Rocklin. The date of completion was December 1, 2022. The contractor on the project was LaFleur Excavating, Inc., and the surety on said project was Travelers Casualty and Surety Company of America.

I, Justin Nartker, being first duly sworn, depose and say: I am the Director of Public Services of the City of Rocklin, a general law city in the State of California, owner of the property described in the above Notice. I am duly authorized to make this verification for and on behalf of the City of Rocklin. I have read the Notice of Completion, and know its contents and the facts stated therein are true.

ATTEST:
________________________
Hope Ithurburn, City Clerk
City of Rocklin
______________________________________________
Justin Nartker, Director of Public Services - City of Rocklin – 3970 Rocklin Road- Owner of the Public Work
Improvement
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: Signature:__________________________________
Justin Nartker, Director of Public Services
Rocklin, California
113
Attachment to
Reso. No. 2023-
114
City Council
Staff Report

Subject:

Amendment No. 1 to the Contract for Services with Jacobs Engineering Group, Inc. for the I80/Auxiliary Lane
Date:

February 14, 2023
Submitted By:

Justin Nartker, Director of Public Services
Matt McClure, Public Services Manager
Department:

Public Services
Recommendation:

Background:

On June 22, 2021, the City Council approved and adopted the 2022-2026 Capital Improvement Plan (CIP) along with the Fiscal Year (FY) 2021/22 Operating Budget, which included the Rocklin Road and Interstate 80 Interchange Project, also known as the Rocklin Road/Sierra College Corridor Multimodal Enhancements. This is a multi-year project that has been included in the FY 2022/23 Operating Budget and the 2023-2027 CIP. This project consists of improving pedestrian and multimodal facilities within the Rocklin Road/I-80 corridor to promote connectivity between Sierra College and the surrounding communities, with the first step of the project issuing a Request for Proposal to complete the Project Approval and Environmental Document. The contract was awarded to Jacobs Engineering (Resolution No. 2021-127).

Staff and the contractor have worked closely with Caltrans and as the project progressed, Caltrans determined that a westbound auxiliary lane from Rocklin Road to State Route 65 was necessary and added it to the project scope. This change in scope requires additional preliminary engineering, public outreach, right-of-way support, and environmental clearance support for the auxiliary lane.

The cost for the additional work is $875,000, which will increase the existing contract with Jacobs Engineering from $1,800,000 to $2,675,000. This increase will be funded out of South Placer Regional Transportation Authority Funds (SPRTA) (Fund 240).

Item Number 2.F

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Fiscal Impact:

There is no direct impact to the General Fund from this request. As indicated above, the cost of the Project Approval and Environmental Document and will be funded out of SPRTA (240) funds.

ATTACHMENTS:

I80-AuxRev Reso.pdf
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RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
APPROVING AMENDMENT NO. 1 TO THE CONTRACT FOR SERVICES WITH JACOBS ENGINEERING GROUP, INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 WHEREAS, on July 27, 2021, the City Council of the City of Rocklin entered into an agreement (Resolution 2021 -127) with Jacobs Engineering Group, Inc. to provide the Project Approval and Environmental Document (PA&ED) for the Rocklin Road/Sierra College Corridor Multimodal Enhancements; and
WHEREAS, Caltrans determined that a westbound auxiliary lane from Rocklin Road to State Route 65 was necessary and added it to the project scope which requires additional preliminary engineering, public outreach, right -of-way support, and environmental clearance ; and
WHEREAS, the cost for the additional services is $ 875,000, and staff recommends executing a n amendment to the Agreement with Jacobs Engineering Group, Inc. for the additional work; and
WHEREAS, the cost for the additional work is $875,000 which will increase the existing contract with Jacobs Engineering from $1,800,000 to $2,675,000; and WHEREAS, the additional contract amount will be funded out of the South Placer Regional Transportation Authority Funds (SPRTA) (Fund 240) and may require a budget appropriation.

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

Section 1. Amendment No. 1 to the Contract for Services with Jacob Engineering Group, Inc., to provide the Project Approval and Environmental Document (PA&ED) for the Rocklin Road/Sierra College Corridor Multimodal Enhancements is approved, and the City Manager is authorized to execute Amendment No. 4 in substantially the form attached hereto as Exhibit “A.”
PASSED AND ADOPTED this 14th day of February, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

____________________________________
Ken Broadway, Mayor

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ATTEST:
___________________________
Hope Ithurburn, City Clerk

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AMENDMENT NO. 1

TO CONTRACT FOR SERVICES BETWEEN THE CITY OF ROCKLIN
AND JACOBS ENGINEERING GROUP, INC., EFFECTIVE JULY 27, 2021

This Amendment is entered into as of this __________________, by and between the City of Rocklin, a municipal corporation (“City”) and Jacobs Engineering Group, Inc. , a California corporation (“Contractor”), who agree as follows:

RECITALS
WHEREAS, Jacobs Engineering Group, Inc. and the City of Rocklin entered into an agreement on July 27, 2021, to provide the Project Approval and Environmental Document (PA&ED) for Rocklin Road/Sierra College Corridor Multimodal Enhancements in an amount not to exceed $1,800,000; and
WHEREAS, Caltrans determined that a westbound auxiliary lane from Rocklin Road to State Route 65 was necessary and added it to the project scope which r equires additional preliminary engineering, public outreach, right -of-way support, and environmental clearance ; and
WHEREAS, the cost for the additional services is $ 875,000, and staff recommends executing a n amendment to the Agreement with Jacobs Engineering Group, Inc. for the additional work; and

AGREEMENT
NOW, therefore, the City and Contractor hereby agree to amend the Contract as follows:

1. Section “2” entitled “Compensation” is amended to increase the not to exceed amount of the Contract from $1,800,000 to $2,675,000.

2. Exhibit “A” is amended to include the additional services set forth in Exhibit “A,” attached hereto, and incorporated herein.

3. Exhibit “B” is amended to include the schedule for the additional services set forth in Exhibit “B,” attached hereto, and incorporated herein.

4. Exhibit “C” is amended to include the fees for the additional services, as set forth in Exhibit “C,” attached hereto, and incorporated herein.
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Except as set forth in this Amendment, the Contract is unaffected and shall continue in full force and effect in accordance with its terms. If there is a conflict between this Amendment and the Contract, the terms of this Amendment will prevail.

Executed as of the date first written above.

CITY OF ROCKLIN

By: _____________________________
Aly Zimmermann, City Manager

CONTRACTOR

By: _____________________________

Print Name: ______________________

Title: ____________________________

By: _____________________________

Print Name: ______________________

Title: ____________________________

APPROVED AS TO FORM:

By: ____________________________
Sheri Chapman, City Attorney

ATTEST:

By: ____________________________
Hope Ithurburn, City Clerk
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• Project Team contact list
Task 1.2 - Monthly Progress Reports and Invoicing
Consultant will prepare monthly invoices and progress reports and submit these to the City. The accompanying monthly progress report will include a summary of budget status by task. Out-of-scope work will not be performed without prior written approval from the City.

Deliverables
• Up to 24 monthly progress reports and invoices.

Task 1.3 - CPM Scheduling
Consultant will prepare and comply with a CPM/project schedule and maintain the project schedule every three months. The schedule will be prepared with Microsoft Project.

Deliverables
• Up to 7 schedule updates (PDF format)
Task 1.4 - Quality Control and Quality Assurance
Consultant will provide the technical resources and QC and QA process for the Project. A Quality Management Plan (QMP) will be prepared for team guidance on the Project. The Consultant Project Manager will work with the City, Caltrans, and the PDT to adapt the QC and QA processes, consistent with Jacobs Schedule A - Scope

EXHIBIT A

SCOPE OF SERVICES

PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA&ED) SERVICES FOR INTERSTATE 80 WESTBOUND AUXILIARY LANE PROJECT
This scope includes the necessary and reasonable work for preliminary engineering, public outreach, right of-way support, and environmental clearance support for the Interstate 80 (1-80) Westbound Auxiliary Lane Project (Project). The Project limits will encompass Interstate 80 Westbound from Rocklin Road to State Route 65. The environmental and traffic study limits may extend beyond these limits as required to satisfy the California Department of Transportation (Caltrans) requirements.

TASK 1 - PROJECT MANAGEMENT
Jacobs (Consultant) will provide project management and coordination services for the completion of work.

Task 1.1 - Project Management, Coordination, and Communication Consultant will perform administrative functions, including filing, word processing, and meeting coordination. Consultant will manage the Project and coordinate technical design and environmental tasks through correspondence, project meetings, and memorandums. The Consultant's Project Manager will be the primary point of contact for the City.

Consultant will prepare a Project Management Plan (PMP) that will facilitate project management and coordination for the team during the PA&ED development. This plan will consist of the project scope, schedule, and budget, project charter /team communication plan, project file setup and maintenance, project deliverable and Computer Aided Design (CAD) production guidelines, invoicing format and requirements, and Project progress monitoring requirements.

Deliverables • PMP ·
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EXHIBIT B

SCHEDULE OF PERFORMANCE
Th
e Scope of Work identified in Exhibit A will be completed on January 28, 2025, as noted in the project schedule below.
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EXHIBIT C

SCHEDULE OF FEES
Fees for the services described in Exhibit A will be for a n amount not to exceed Eight Hundred and Seventy-F ive Thousand Dollars ($875,000), bringing the tot al project amount t o Two Million, Six Hundred and Seventy-Five Thousand Dollars ($2,675,000). 150
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City Council
Staff Report

Subject:

Contract for Open Space Monitoring Services
Date:

February 14, 2023
Submitted By:

Justin Nartker, Director of Public Services
Rick Lawrence, Public Services Manager
Department:

Public Services
Recommendation:

Background:

On June 9, 2015, the City of Rocklin General Open Space Management Plan (GOSMP) was approved and adopted by City Council by Resolution No. 2015-128. The GOSMP has increased both the scope and frequency of required monitoring activities, which necessitated a contract for monitoring services. The contract expired on December 31, 2022.

Staff issued a Request for Proposal to furnish all labor, materials, equipment, transportation and services for Open Space Monitoring Services with a submittal date of November 3, 2022.

Five (5) proposals were received from qualified firms that followed the GOSMP in their approach to monitoring and interviews were held with the top 3 ranked firms (Vollmar Natural Lands Consulting, Inc., Helix Environmental Planning, and ECORP Consulting). Staff rated the projects with a maximum of 100 points using the following criteria:

Project Understanding - 25 points
Price - 25 points
Relevant Experience and Quality of Staff - 20 points
Proposed Methodology and Schedule - 20 points
Familiarity with Regulatory Agency Procedures - 10 points

Based on the rankings, Vollmar Natural Lands Consulting, Inc. received the highest marks.

Staff checked references, found that they are in good standing, and recommends that the contract be awarded to Vollmar Natural Lands Consulting, Inc. The initial contract term is for ten months, in the amount of $95,858. After the initial term the contract provides for up to two additional one year extensions.

Item Number 2.G

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Fiscal Impact:

The cost for this contract is funded through Community Facilities District (CFD) No. 5 (Fund 232) and CFD No. 6 (Fund 233). Sufficient funds are available in the Fiscal Year 2022/23 Operating Budget in Funds 232 and 233 to execute the Contract.

ATTACHMENTS:

1. Resolution - GOSMP Monitoring Services
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RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A

CONTRACT SERVICES AGREEMENT FOR OPEN SPACE MONITORING SERVICES TO VOLLMAR NATURAL LANDS CONSULTING, INC.

WHEREAS, On June 9, 2015, the City of Rocklin General Open Space Management Plan (GOSMP) was approved and adopted by the City Council (Resolution 2015-128) resulting in an increase of both the scope and frequency of required monitoring activities; and
WHEREAS, with the existing contract for monitoring services ending on December 31, 2022, staff issued a Request for Proposal to furnish all labor, materials, equipoment, transportation and services for Open Space Monitoring; and WHEREAS the City issued a Request for Proposal for Open Space Monitoring Services that was advertised on October 7, 2022, and October 14, 2022, with a submittal date of November 3, 2022; and
WHEREAS, Five (5) proposals which were evaluated, and Vollmar Natural Lands Consulting, Inc. was determined to present the proposal most advantageous for the City with a not to exceed amount of $95,858;and
WHEREAS, the proposed contract for open space monitoring services with Vollmar Natural Lands Consulting Inc. is for an initial ten (10) month period with the City’s option to renew this contract for two (2) additonial one (1) year periods and is funded through CFD 5 (232) and CFD 6 (233).

The City Council of the City of Rocklin does resolve as follows:

Section 1. The contract for open space monitoring services with Vollmar Natural Lands Consulting, Inc. in an amount not to exceed $95,858, is approved. The City Manager is authorized to execute the Agreement with Vollmar Natural Lands Consulting, Inc. in substantially the form attached hereto as Exhibit “A.” Section 2. The City Manager is authorized to renew the Agreement with Vollmar Natural Lands Consulting, Inc. for open space monitoring services on the same terms, for two additional one-year terms, provided sufficient funding for the services has been budgeted and appropriated.

PASSED AND ADOPTED this 14th day of Febuary 2023, by the following vote:
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Page 2 ends

Reso. No. 2023--
AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Ken Broadway, Mayor
ATTEST:
____________________________
Hope Ithurburn, City Clerk
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EXHIBIT A

CONTRACT FOR SERVICES
THIS CONTRACT is made on __________________, by and between the CITY OF ROCKLIN a municipal corporation (“City”), and Vollmar Natural Lands Consulting, Inc. who mutually agree as follows:

1. SCOPE OF SERVICES
Subject to the terms and conditions set forth in this agreement, Contractor shall provide to the City the services described in the Scope of Work, Exhibit A. Contractor shall provide the services at the time, place and in the manner specified in Exhibits A and/or B. Contractor shall not be compensated for services outside the scope of Exhibit A unless prior to the commencement of the services: (a) Contractor notifies the City and City agrees the services are outside the scope of Exhibit A; (b) Contractor estimates the additional compensation required for these additional services; and (c) City after notice, approves in writing a supplemental agreement specifying the additional services and the amount of compensation therefore. City shall have no obligation whatsoever under this agreement or any supplemental agreement, unless and until the agreement or supplemental agreement is approved by the City Manager, the City Manager’s authorized designee, or by the Rocklin City Council, as required by the Rocklin Municipal Code or other local law or policy.

2. COMPENSATION
A. The City shall pay Contractor for the services rendered pursuant to this agreement at the times and in the manner set forth in the Scope of Services, Exhibit A, the Schedule for Performance, Exhibit B, and in accordance with the Schedule of Fees in Exhibit C, but in no event shall the total compensation exceed the total sum of $95,858 The payments specified in Exhibits A and/or B shall be the only payments to be made to Contractor for the services rendered pursuant to this Agreement unless pursuant to Section 1, above, City approves additional compensation for additional services.

B. Contractor shall furnish City with invoices for all expenses as well as for all materials authorized by this Contract. The invoices shall be submitted with the monthly billings. Reimbursable expenses shall be limited to actual expenditures of Contractor for expenses that are necessary for the proper completion of the services and shall only be payable if specifically authorized in advance by City.

C. Contractor shall submit all billings/invoices for services to City in the manner specified in Exhibit B. Contractor’s fees shall be as specified in the Scope of Work, Exhibit A or the Schedule of Fees as set forth in Exhibit C. All invoices submitted by Contractor shall contain the following information:
(1) Job/project name or description;
(2) City’s current purchase order and/or work order number (if applicable);
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(3) Contractor’s invoice number;
(4) Date of invoice issuance;
(5) Description of services billed under invoice, including the description of tasks performed and the corresponding rate charged for the completion of that task;
(6) Amount of invoice, itemizing all authorized reimbursable expenses; and
(7) Total billed to date under agreement.

D. City shall make payment to Contractor net 30 days from receipt of an acceptable invoice. If Contractor’s performance is not in conformity with the Scope of Work, Exhibit A, or the Schedule of Performance, Exhibit B, or the provisions set forth above, payments may be delayed or denied, unless the Contractor’s failure to perform is a documented result of the City’s failure to conform with the Schedule of Performance, or if the Schedule of Performance is extended pursuant to Section 4. City shall not be responsible for delays in payment to Contractor resulting from Contractor’s failure to comply with the invoice format described above, or as set forth in the Schedule of Performance.

E. During performance of the agreement and for a period of three (3) years after completing all services, Contractor shall maintain all accounting and financial records related to this Agreement, including but not limited to records of Contractor’s costs for all services performed under this agreement and records of Contractor’s reimbursable expenses, in accordance with generally accepted accounting practices, and shall keep and make the records available for inspection and audit by representatives of the City upon reasonable written notice.

F. Contractor shall pay when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of payment upon request. Contractor hereby agrees to indemnify City for any claims, losses, costs, fees, liabilities, damages or injuries suffered by City arising out of Contractor’s breach of this section.

3. FACILITIES AND EQUIPMENT
Contractor shall at its sole cost and expense, furnish all facilities and equipment that may be required for Contractor to perform services pursuant to this agreement. City shall furnish to Contractor, only the facilities and equipment listed in Exhibit A (if any) according to any terms and conditions set forth in Exhibit A.

4. TERM OF CONTRACT
A. This agreement shall become effective on the date that it is approved by both parties, set forth on the first page of the agreement and shall continue in effect until December 31, 2023 unless sooner terminated as provided herein.

B. The services of Contractor are to commence upon execution of this Contract and shall be undertaken and completed in accordance with the Schedule of Performance attached hereto and incorporated herein by this reference as Exhibit B. 157
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5. SUSPENSION/TERMINATION:

A. City shall have the right at any time to temporarily suspend Contractor’s performance hereunder, in whole or in part, by giving written notice of suspension to Contractor. If City gives such notice, Contractor shall immediately suspend its activities under this agreement.

B. This Contract may be terminated by either party, provided that the other party is given not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. If the agreement is terminated by the City:
i. Contractor shall immediately cease rendering services pursuant to this agreement;
ii. Contractor shall, not later than five days after such notice of termination, deliver to City copies of all information prepared pursuant to this agreement;
iii. City shall pay Contractor the reasonable value of services rendered by Contractor prior to termination; provided however, City shall not in any manner be liable for lost profits that might have been made by Contractor had the agreement not been terminated or had Contractor completed the services required by this agreement. Contractor shall furnish to City such financial information as in the judgment of the City is necessary for City to determine the reasonable value of the services rendered by Contractor.

The foregoing is cumulative and does not affect any right or remedy that city may have in law or equity.

C. Notwithstanding any provisions of this Contract, Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Contractor, and the City may withhold any payments due to Contractor until such time as the exact amount of damages, if any, due the City from Contractor is determined.

6. INDEPENDENT CONTRACTOR
Contractor enters into this Contract as an independent contractor and not as an employee or agent of the City. Contractor shall have no power or authority by this Contract to act on behalf of City in any capacity whatsoever as an agent, or to bind the City in any respect or to any obligations whatsoever. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Contractor are employees, agents, contractors or subcontractors of the Contractor and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Contractor by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this agreement.
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7. AMENDMENTS, CHANGES OR MODIFICATIONS
Amendments, changes or modifications in the terms of this Contract may be made at any time by mutual written agreement between the parties hereto and shall be signed by the persons authorized to bind the parties hereto.

8. EXTENSIONS OF TIME
Contractor may, for good cause, request extensions of time to perform the services required hereunder. Such extensions shall be authorized in advance by the City in writing and shall be incorporated in written amendments to this Contract or the attached Work Program in the manner provided in Section 7.

9. PROPERTY OF CITY
It is mutually agreed that all materials prepared by the Contractor under this Contract shall become the property of the City, and the Contractor shall have no property right therein whatsoever. Immediately upon termination, the City shall be entitled to, and the Contractor shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials as may have been prepared or accumulated to date by the Contractor in performing this Contract which is not Contractor’s privileged information, as defined by law, or Contractor’s personnel information, along with all other property belonging exclusively to the City which is in the Contractor’s possession.

10. COMPLIANCE WITH ALL LAWS:

Contractor shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, all applicable laws, ordinances, and codes of federal, State and local governments, which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract.

For all leases and purchases of materials, equipment, supplies or other tangible personal property used to perform the agreement and shipped from outside California, the Contractor and any subcontractors leasing or purchasing such materials, equipment, supplies or other tangible personal property shall obtain a Use Tax Direct Payment Permit or Seller’s Permit from the California State Board of Equalization, in accordance with the applicable SBE criteria and requirements. This provision applies in all instances unless prohibited by the funding source for the agreement.

11. WARRANTIES AND RESPONSIBILITIES - CONTRACTOR
A. Contractor agrees and represents that it is qualified to properly provide the services set forth in Exhibit “A” in a manner which is consistent with the generally accepted standards of Contractor’s profession.

B. Contractor is duly licensed, qualified and experienced to perform the services set forth in the Scope of Services, Exhibit A. Contractor represents and 159
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warrants that Contractor has all licenses, permits, qualifications and approvals of whatsoever nature that are legally required for Contractor to practice its profession or provide any services under this agreement. Contractor represents and warrants that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this agreement, any licenses, permits and approvals that are legally required for Contractor to practice its profession or provide such services. If Contractor is an out of state corporation, Contractor further warrants and represents that it possesses a valid certification of qualification to transact business in the State of California issued by the California Secretary of State.

C. Contractor shall perform all services required pursuant to this agreement in the manner and according to the standards currently observed by a competent practitioner of Contractor’s profession in California. Contractor shall devote such time and effort to the performance of services pursuant to this agreement as is necessary for the satisfactory and timely performance of Contractor’s obligations under this agreement. Neither party shall be considered in default of this agreement to the extent that party’s performance is prevented or delayed by any cause that is beyond the reasonable control of that party.

D. All products of whatsoever nature that Contractor delivers to City pursuant to this Agreement shall be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in Contractor’s profession, and shall be provided in accordance with any scope of services or schedule of performance specified in Exhibits A or B.

E. Contractor shall assign only competent personnel to perform services pursuant to this agreement. Contractor shall designate a project manager who at all times shall represent the Contractor before the City on all matters relating to this Contract. The project manager shall continue in such capacity unless and until he or she is removed at the request of the City, is no longer employed by Contractor, or is replaced with the written approval of the City, which approval shall not be unreasonably withheld. Contractor shall notify City in writing, of any other changes in Contractor’s staff assigned to perform the services required under this agreement, prior to any such performance. In the event the City desires the removal of any person assigned by Contractor to perform services pursuant to this agreement, because the City in its sole discretion, determines that such person is not performing in accordance with the standards required herein, Contractor shall remove such person immediately upon receiving notice from the City of the desire for the removal of such person.

F. Contractor agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law.

G. Contractor shall provide corrective services without charge to the City for services which fail to meet the above professional and legal standards and which are reported to Contractor in writing within sixty (60) days of discovery. Should Contractor fail or refuse to perform promptly its obligations, the City may render or undertake performance thereof and the Contractor agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this agreement is based on such independent investigation and research. Contractor shall be liable for any 160
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expenses thereby incurred.

12. SUBCONTRACTING
None of the services covered by this Contract shall be subcontracted without the prior written consent of the City, which will not be unreasonably withheld. Contractor shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Contractor.

13. ASSIGNABILITY
Contractor shall not assign or transfer any interest in this Contract whether by assignment or novation, without the prior written consent of the City. The City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this agreement. However, claims for money due or to become due Contractor from the City under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy, without such approval.

Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.

14. INTEREST IN CONTRACT
Contractor covenants that neither it, nor any of its employees, agents, contractors, or subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Contractor shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Contractor’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply.

Contractor also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Contractor in writing that Contractor’s duties under this Contract warrant greater disclosure by Contractor than was originally contemplated. Contractor shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.

15. MATERIALS CONFIDENTIAL
To the extent permitted by law, all of the materials prepared or assembled by Contractor pursuant to performance of this Contract are confidential and Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.

16. LIABILITY OF CONTRACTOR-NEGLIGENCE
Contractor shall be responsible for performing the work under this Contract in a manner which is consistent with the generally-accepted standards of the Contractor’s profession and shall be liable for its own negligence and the negligent acts of its employees, 161
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agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Contractor or its employees, agents, contractors or subcontractors.

17. INDEMNITY AND LITIGATION, COSTS
To the fullest extent permitted by law, Contractor shall hold harmless, defend at its own expense, and indemnify the City, its officers, officials, agents, employees and volunteers against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorneys’ fees, arising from all acts or omissions of Contractor, or its officers, agents or employees in rendering services under this Agreement; excluding however, such liability, claims, losses, damages or expenses arising from the City’s sole negligence, or willful acts. The provisions of this paragraph shall survive termination or suspension of this Contract.

These Indemnification provisions are independent of and shall not in any way be limited by the Insurance requirements of this agreement. City approval of the Insurance required by this Agreement does not in any way relieve the Contractor from liability under this section.

18. CONTRACTOR TO PROVIDE INSURANCE
Contractor agrees to have and maintain the policies set forth below, 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 Contractor, its agents, representatives, or employees. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.

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 Contractor 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.

3. Workers’ Compensationas 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 Contractor has no employees, Contractor 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. 162
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4. Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Professional liability coverage shall extend for at least five years after completion of the Contractor’s services under this Agreement.

If the Contractor 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 the contractor. 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 Contractor 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 Contractor’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 Contractor’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 Contractor’s insurance and shall not contribute with it.

3. Notice of Cancellation . Each insurance policy required above shall provide that coverage 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 . Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor 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 Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
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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 for professional liability insurance provide claims-made coverage:
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 Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

8. Verification of Coverage . Contractor 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 Contractor’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. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor 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.

19. GENERAL/MISCELLANEOUS PROVISIONS:

A. Contract Documents. This agreement and its exhibits shall be known as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. In the event of conflict between terms contained in these Contract Documents, the more specific term shall control. If any portion of the Contract Documents shall be in conflict with any other portion, provisions contained in the Contract shall govern over conflicting provisions contained in the exhibits to the Contract. In the event of any conflict between the terms or conditions of this written agreement and any terms or conditions of any document prepared or provided by Contractor and made a part of this agreement, including without 164
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limitation any document relating to the scope of services or payment therefor, the written terms of this document shall control over those terms or conditions.

B. Non-Discrimination in Employment and Equal Employment Opportunity. Contractor shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person’s race, color, ancestry, national origin, religious creed, sex (including pregnancy, childbirth breastfeeding or related medical condition), sexual orientation, gender, gender identity, gender expression and age (over 40), disability (mental and physical), medical condition, marital status, citizenship, and military and veteran status.

C. Inspection of Records . Contractor shall maintain and make available for inspection by the City and its auditors accurate records of all of its costs, disbursements and receipts with respect to any work under this Contract. Such inspections may be made during regular office hours at any time until six (6) months after the final payments under this Contract are made to the Contractor.

D. Entire Agreement . This Contract constitutes the entire agreement between the parties relative to the services specified herein and supersedes whatever oral or written understanding they may have had prior to the execution of this agreement. No alteration or modification of this agreement shall be valid or effective unless and until such modification is evidenced by a writing signed by both parties to this Contract, by persons authorized to act on behalf of the parties. There are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing.

E. Severability. If any portion of this agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

F. Waiver. Neither City’s acceptance of, or payment for, any service performed by Contractor, nor any waiver by either party of any default, breach, or condition precedent, shall be construed as a waiver of any provision of this agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.

G. Notice. All notices that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:

City: City of Rocklin
Attn: Public Services
4081 Alvis Court
Rocklin, CA 95677
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City of Rocklin
Office of the City Attorney
3970 Rocklin Road
Rocklin, CA 95677

Contractor: Vollmar Natural Lands
Consulting, Inc.
2401 Capitol Ave. Ste. 301
Sacramento, CA 95816

H. Enforcement of Agreement. This Contract shall be interpreted, governed and enforced in accordance with the laws of the State of California. Venue of any action arising out of this Contract shall be brought and maintained in Placer County California, regardless of where else venue may lie. The parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such court, and consent to service of process issued by such courts.

I. Attorney’s Fees. In any action brought by either party to enforce the terms of this Contract, each party shall bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.

J. Power and Authority to Enter into Agreement . All parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles, and capacities herein stated and on behalf of any entities, persons, or firms represented or purported to be represented by such entity(ies), person(s), or firm(s) and that all formal requirements necessary or required by any state and/or federal law in order to enter into this Agreement have been fully complied with. Furthermore, by entering into this Agreement, Contractor hereby warrants that it shall not have breached the terms or conditions of any other contract or Agreement to which Contractor is obligated, which breach would have a material effect hereon.

K. Counterparts; Electronic Signatures . This Agreement may be executed in two or more counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same instrument. The words “execution,” “signed,” “signature,” and words of like import in this Agreement or in any other certificate, agreement or document related to this Agreement, shall include digital electronic signatures (DocuSign). The use of digital electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paper-based record-keeping system to the fullest extent permitted by applicable law.

L. Exhibits. All exhibits referred to herein and attached hereto, are by this reference incorporated as if set forth fully herein.

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CONTRACTOR
By: _________________________
John Vollmar, CEO/CFO

CITY OF ROCKLIN
By: __________________________
Aly Zimmermann, City Manager
ATTEST:

By: _______________________
Hope Ithurburn, City Clerk
APPROVED AS TO FORM:

By: _______________________
Sheri Chapman, City Attorney
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EXHIBIT A

SCOPE OF SERVICES
TASK 1. BACKGROUND REVIEW AND FIELD PREPARATION
TASK 2. PRESERVE FIELD SURVEYS
Subtask 2a. Wetland and Riparian General Conditions Surveys Subtask 2b. Vernal Pool Grassland General Conditions Surveys Subtask 2c. Oak Woodland/Savannah General Conditions Surveys Subtask 2d. Wetland and Riparian Invasive Plant Monitoring Subtask 2e. Vernal Pool Grassland Invasive Plant Monitoring Subtask 2f. Oak Woodland/Savannah Invasive Plant Monitoring Subtask 2g. Vernal Pool Hydrologic Monitoring
Subtask 2h. Vernal Pool Floristic Monitoring
Subtask 2i. Vernal Pool Invertebrate Monitoring
Subtask 2j. Vernal Pool Grassland Vegetation Monitoring Subtask 2k. Oak Woodland/Savannah Understory Vegetation Monitoring Subtask 2l. Vernal Pool Grassland Thatch Monitoring
Subtask 2m. Oak Woodland/Savannah Understory Thatch Monitoring Subtask 2n. Known Occurrences of Special-Status Plant Surveys Subtask 2o. General Bird Surveys
Subtask 2p. Oak Tree Census and Health Monitoring (Periodic Task) Subtask 2q. VELB Surveys (Periodic Task)
Subtask 2r. Swainson’s Hawk Surveys (Periodic Task)
Subtask 2s. Burrowing Owl Surveys (Periodic Task)
Subtask 2t. Reptile and Amphibian Surveys (Periodic Task) Subtask 2u. Wetland Delineation Review (Periodic Task)
Subtask 2v. Unknown Occurrences of Special-Status Plant Surveys (Periodic Task) TASK 3. HABITAT MAPPING
Subtask 3a. Special-Status Species Map
Subtask 3b. Habitat Conditions Map
Subtask 3c. Wetland Delineation Re-Map (Periodic Task)
Subtask 3d. Creek Conditions Mapping (Periodic Task)
Subtask 3e. Vegetation Community Map Revisions (Periodic Task) Subtask 3f. Oak Mapping (Periodic Task)
TASK 4. MANAGEMENT AND RESTORATION RECOMMENDATIONS
TASK 5. DATA ANALYSIS AND REPORT PREPARATION
Subtask 5a. Data Analysis
Subtask 5b. Draft and Final Monitoring Reports
Subtask 5c. Wetland Delineation Report (Periodic Task)
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Complete Task Descriptions
Task 1. Background Review and Field Preparation
Prior to beginning monitoring surveys, we will review all prior year reports, and identify key methods to maintain for consistency as well as any data gaps to remedy. We will prepare key site and project information including field maps, GIS data layers (preserve boundaries, vegetation community types, known special-status species occurrences, vernal pool and other wetland locations, etc.), species information, relevant resource inventories, technical information, and any other information important for conducting biological monitoring. The team will meet to discuss the goals for the year, as well as discussing specific survey methods, to ensure consistency across surveyors. Project Manager Linnea Neuhaus will review and make any necessary changes to further develop data management and project communication plans prior to the start of field surveys. Specific field survey dates will be selected based on long-range weather forecasts and on-the-ground wetland and upland conditions, and schedules will be adjusted over the course of each monitoring year to adapt to changing conditions.

Task 2. Preserve Field Surveys
Subtask 2a. Wetland and Riparian General Conditions Surveys This task is based on GOSMP Section 6.2. Under this task, we will visit all wetland and riparian areas twice per year, during peak spring bloom (typically March-April) and during high summer (typically July). We will collect data on habitat conditions using sub-meter accurate GPS handhelds or tablet computers. We will note changes relative to the baseline condition (or other established Management Goal), including changes in vegetation species composition, changes in hydrology or topography, and changes in overall condition (including land practices on adjacent properties with the potential to affect the preserve function). We will include maintenance status of infrastructure, including fencing, allowable trails, roadways, etc., and any negative disturbance, including animal (e.g. boring insects, beaver damage, and feral animals) / human damage (e.g. vandalism or dumping). We will specifically identify and map problematic erosion, beaver dams, or other disturbance. We will track the success of enhancement and restoration efforts, and re-take reference photographs of the overall wetland / riparian setting.

Subtask 2b. Vernal Pool Grassland General Conditions Surveys This task is based on GOSMP Section 6.3. Under this task, we will monitor all vernal pool grasslands once per year, in late spring (typically late April). We will note general condition of the vernal pool grasslands, including changes in vegetation species composition, compared to the Baseline Condition for the preserve area. Disturbances, including animal and human, will be noted as well, including fencing repair needs or trash removal. We will re-take reference photographs.

Subtask 2c. Oak Woodland/Savannah General Conditions Surveys This task is based on GOSMP Section 6.4. Under this task, we will monitor all mapped oak woodland and oak savannah once per year, in high summer (typically July). The overall general condition of the oak woodland/savannah will be noted, including changes in vegetation species composition relative to the baseline condition. Animal and human-caused damage or disturbances will be noted as well, including fencing repair needs or trash removal (or any other infrastructure maintenance requirements). We will specifically note and map problematic stormwater run-off or beaver dams, and track the success of enhancement and restoration efforts.

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This task is based on GOSMP Section 6.2. Under this task, we will monitor invasive plants in wetland and riparian areas twice per year, concurrent with the Wetland and Riparian General Conditions Survey. We will monitor invasive plant species (listed by California Invasive Plant Council) in order to make recommendations for eradication. Monitoring surveys will include a qualitative assessment (e.g. visual estimate of cover) of potential or observed noxious weeds or other non-native species invasions, especially in or around any wetland features. Additional actions to control invasive species will be evaluated and prioritized. We will also note species listed by the California Department of Food and Agriculture (CDFA) list of "noxious weeds" that are subject to regulation or quarantine by county agricultural departments, the California Department of Food and Agriculture's Integrated Pest Control Branch, and the University of California State Integrated Pest Management Program list of “Exotic and invasive pests and diseases that threaten California's agricultural, urban, or natural areas”.

Subtask 2e. Vernal Pool Grassland Invasive Plant Monitoring This task is based on GOSMP Section 6.3. Under this task, we will monitor invasive plants in vernal pool grasslands once per year, during high summer (typically July). The methods will be the same as for Wetland and Riparian Invasive Plant Monitoring. The survey will take place concurrently with the high summer Wetland and Riparian Invasive Plant Monitoring.

Subtask 2f. Oak Woodland/Savannah Invasive Plant Monitoring This task is based on GOSMP Section 6.4. Under this task, we will monitor invasive plants in oak woodlands and oak savannahs once per year, during high summer (typically July). The methods will be the same as for Wetland and Riparian Invasive Plant Monitoring. The survey will take place concurrently with the high summer Wetland and Riparian Invasive Plant Monitoring.

Subtask 2g. Vernal Pool Hydrologic Monitoring
This task is based on GOSMP Section 6.3. Under this task, we will monitor hydrology in a selected subset of created and natural vernal pools three times per year, in winter (typically January), early spring (typically early March) and high summer (typically July). Surveys will include observations of potential water depth, maximum current water depth, and percent inundation for each monitored vernal pool. The winter and early spring surveys will be conducted concurrent with the Vernal Pool Invertebrate Monitoring, and the high summer survey will be conducted concurrent with the Vernal Pool Grassland Invasive Plant Monitoring.

Subtask 2h. Vernal Pool Floristic Monitoring
This task is based on GOSMP Section 6.3. Under this task, we will monitor vernal pool vegetation in the same subset of vernal pools as is monitored for hydrology. Monitoring will be conducted once per year, during peak spring bloom in the pools. The timing of this may vary based on the different pools’ phenology, but will typically occur from March through May. As with wet season vernal pool surveys, the timing of floristic surveys will be determined by tracking local pools and conducting surveys at the peak of the vernal pool blooming season.

Vernal pool general characteristics will be noted including if the vernal pool is created/restored or naturally occurring. Plant species having 25% or higher relative vegetation will be considered dominant and will be recorded. If none of the plant species in the vernal pool have 25% or higher relative cover, then the plant species with 10% relative cover or greater will be considered dominant. A comprehensive list of all plant species observed will be created to track species composition relative to the Baseline Condition (on an on-going basis). All VNLC biologists are trained and experienced in visually estimating percent vegetation cover accurately, and will use 170

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standardized calibration methods to maintain consistency across surveyors and across survey years.

As in Subtask 2a, surveyors will each use a Trimble GeoXT for navigation and to map special- status species and notable features or site conditions. Survey data will be recorded digitally or on paper datasheets provided in the Plan. All data will be converted and stored electronically within a Microsoft Access database. Representative photographs will be taken, to be included in reports.

Any necessary tasks will be identified for recommendation to the City.

Subtask 2i. Vernal Pool Invertebrate Monitoring
This task is based on GOSMP Section 6.3. Under this task, we will monitor vernal pool invertebrate species twice per year. We will survey the same subset of vernal pools as is monitored for hydrology. Surveys will be timed to best detect target species (typically January and February or early March). Many vernal pool invertebrates, including the vernal pool fairy shrimp (Branchinecta lynchi ), are relatively short-lived and the timing of best detection varies from year to year. We will track the ponding status and the hatching and development of target species in the project vicinity and/or within the project site and will time our survey accordingly.

Each survey round will be conducted within a ten calendar-day period to minimize variation in survey results caused by differences in survey timing.

Surveys will be conducted by VNLC biologists permitted by the USFWS to conduct listed large branchiopod surveys, and will follow the methods outlined in Interim Survey Guidelines to Permittees for Recovery Permits under Section 10(a)(1)(A) of the Endangered Species Act for Listed Vernal Pool Branchiopods (ignoring the bi-weekly sampling frequency requirement).

Surveyors will work alone to limit the cost to the City. Each surveying biologist will carry a sub- meter accurate GPS handheld or tablet computer. Biologists will use the GPS to navigate to target pools and to map all special-status species and notable features or site conditions. Data will be recorded digitally within a standardized and survey-specific data dictionary loaded onto the GPS units. Representative photographs will be taken, to be included in reports.

Subtask 2j. Vernal Pool Grassland Vegetation Monitoring This task is based on GOSMP Section 6.3. Under this task, we will monitor the health of the upland grassland community around the vernal pools once per year in late spring (typically late April). A minimum of 20 randomly selected upland grassland plots will be selected for monitoring. An additional 10 plots will be selected which can represent those grasslands dominated by native grassland populations, invasive weed populations, and other target communities. The selected plots will measure three by three meters square and the location will be recorded using a sub-meter accurate GPS unit. Observations collected will include a species list, the total cover of vegetation, the absolute cover of each species, and trends within the plot. A list of plant species observed will be created to track species composition relative to the Baseline Condition (on an on-going basis).

Subtask 2k. Oak Woodland/Savannah Understory Vegetation Monitoring This task is based on GOSMP Section 6.4. The methods for this task will follow the methods for the Vernal Pool Grassland Vegetation Monitoring (Subtask 2j), and will be conducted concurrently with it. Under this task, we will monitor the vegetation composition of an additional 20 randomly-selected three-meter by three-meter plots in oak woodland and oak savannah.

Subtask 2l. Vernal Pool Grassland Thatch Monitoring
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This task is based on GOSMP Section 6.3. Under this task, we will monitor thatch levels in upland grassland community around the vernal pools once per year in fall, after grazing is complete but before the onset of winter rains (typically September to October). At each of the Vernal Pool Grassland Vegetation Monitoring plots, we will estimate RDM using standardized visual estimation guides, take standardized robel pole photographs, and collect one RDM clip plot (circular 0.1 m 2 hoops). Clipped material will be brought to the office and further air dried and weighed to estimate moisture content. Biologists will navigate to RDM plots and collect data electronically with Trimble GPS units. Plot locations may be adjusted to avoid non-range vegetation, wetlands, boundaries and disturbance by at least 2 meters. If thatch presents a fire hazard, or is in excess of 1,200 lbs./ac., we will make a recommendation of a removal practice.

Subtask 2m. Oak Woodland/Savannah Understory Thatch Monitoring This task is based on GOSMP Section 6.4. The methods for this task will follow the methods for the Vernal Pool Grassland Thatch Monitoring (Subtask 2l), and will be conducted concurrently with it. Under this task, we will monitor the vegetation composition of the additional 20 plots in oak woodland and oak savannah.

Subtask 2n. Known Occurrences of Special-Status Plant Surveys This task is based on GOSMP Action 6-9-1. The objective of monitoring will be to identify presence and size of special-status plant populations. Under this task, we will visit all documented extant populations of special-status plants, as shown in the CNDDB, and in baseline reports and prior monitoring reports. Populations will be mapped using a sub-meter accurate GPS handheld. Abundance will be assessed semi-quantitatively using broad abundance categories, i.e., 0, 1 - 100, 101 - 500, 501 - 1,000, and >1,000 plants. Changes to occupied habitat, such as changed hydrology or vegetation composition, will be observed and recorded. At present, only a single special-status plant population is documented, Hispid salty bird's-beak in Stanford Ranch.

This task will be conducted concurrent with Vernal Pool Floristic Monitoring (Subtask 2h.) Subtask 2o. General Bird Surveys
This task is based on Action 6-6-1 of the GOSMP. (The goal does not appear elsewhere in the GOSMP, and little detail is provided in the GOSMP on the requirements of this task.) For this task, we propose to conduct two rounds of surveys, one at the beginning of the breeding season (typically March), and one at the end of the breeding season (typically September). During each survey round, we will perform a single point count of birds at each of the preserve areas. The point counts will consist of 10-minute surveys conducted from fixed locations to accurately depict the baseline avian abundance, community structure, and activity patterns present. The surveys will be conducted on foot and birds will be observed through high-powered binoculars and by ear. At each point count location, we will record: the bird species present; the number of individuals present/species; the general behavior and habitat use of each bird/flock of birds; and other pertinent information. The surveys will be conducted concurrent with other surveys including the General Conditions Surveys and Thatch Monitoring.

Subtask 2p. Oak Tree Census and Health Monitoring (Periodic Task) This task is based on Action 6-10-4 of the GOSMP. Under this task, we will census all oak trees over three feet in height. For each oak, we will record species type, diameter at breast height (DBH), and dripline radius (DLR). All untagged trees greater than six inches DBH will be tagged with aluminum tree tags. All trees measuring less than six inches in DBH, but three feet or greater in height will be mapped with a sub-meter accurate GPS handheld, mapping the extent of DLR for each tree or group of trees. These polygons will be classified based on the dominant oak 172

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species. The health and structural condition of each tree will be classified. This is a periodic survey which will be required for the Garnet Creek, Parklands North, and Placer Creek Corporate Center preserves in 2024 and the Claremont, Orchard Creek, Stanford Ranch, and Sunset West preserves in 2025. These surveys will be conducted concurrently with the Oak Woodland/Savannah General Conditions Surveys in those preserves.

Subtask 2q. VELB Surveys (Periodic Task)
This task is based on GOSMP Action 6-4-4. Under this task, we will conduct a single survey of suitable VELB habitat. Suitable habitat for VELB will be identified based on the results of Wetland and Riparian General Conditions Surveys and other surveys, as well as by reviewing CNDDB data and prior reports. We will conduct exit hole surveys in all suitable habitat (i.e. clusters of elderberry shrubs with stems >1” diameter). The approximate number of exit holes in each habitat cluster will be recorded in a sub-meter accurate GPS handheld or tablet computer.

This is a periodic survey which will be required for the Claremont, Orchard Creek, Stanford Ranch, Sunset West, and Whitney Ranch preserves in 2025. It will be conducted concurrent with the general conditions surveys.

Subtask 2r. Swainson’s Hawk Surveys (Periodic Task)
This task is based on Action 6-4-2 of the GOSMP. Under this task, we will conduct two rounds of surveys in suitable habitat. Suitable habitat for Swainson’s Hawk will be identified based on the results of Wetland and Riparian General Conditions Surveys, the General Bird Surveys, and other surveys, as well as by reviewing CNDDB data and prior reports. Two surveys will be conducted, at the beginning of the breeding season (Around April) and near the end of the breeding season (around September). The surveys will be conducted in the evening hours, and the VNLC biologist will arrive at the Study Area within the recommended start time of each respective survey window and survey for nesting Swainson’s Hawk until sunset. Potential Swainson’s Hawk nests will be surveyed with both binoculars and a high-powered spotting scope. The surveys will be conducted either via a car or on foot depending on the nature of the Study Area. If a Swainson’s Hawk nest is confirmed in the vicinity of the Study Area, the biologist will record the location of the nest with a sub-meter accurate GPS. Any other nesting raptors observed incidentally during the nesting Swainson’s Hawk survey will be recoded via GPS as well. This is a periodic survey which will be required for the Garnet Creek and Placer Creek Corporate Center preserves in 2024 and the Claremont, Orchard Creek, Stanford Ranch, Sunset West, and Whitney Ranch preserves in 2025.

Subtask 2s. Burrowing Owl Surveys (Periodic Task)
This task is based on Action 6-4-3 in Goal 6-4 in Table 6-1 of the GOSMP. Under this task, we will conduct a single survey if the five-year survey interval falls within the contract period.

Suitable habitat for Burrowing Owl will be identified based on the results of Wetland and Riparian General Conditions Surveys, the General Bird Surveys, and other surveys, as well as by reviewing CNDDB data and prior reports. Surveys will be conducted by walking meandering transects through suitable habitat, searching for Burrowing Owls and their sign around burrows.

All Burrowing Owls and their burrows will be mapped with a sub-meter accurate GPS handheld.

This is a periodic survey which will be required for the Garnet Creek and Placer Creek Corporate Center preserves in 2024 and the Claremont, Orchard Creek, Stanford Ranch, Sunset West, and Whitney Ranch preserves in 2025. The surveys will be conducted concurrent with the general conditions surveys.

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This task is based on Action 6-6-2 of the GOSMP. Surveys will be focused on rare species with the potential to occur in the preserves (e.g. northwestern pond turtle and western spadefoot), but will also note common species observed. Potential habitat for rare species will be identified based on the General Conditions Surveys, and on prior reports. All suitable habitat for each species will be surveyed during the appropriate identification window. Populations of rare reptiles and amphibians will be mapped using a sub-meter accurate GPS handheld. Survey methods will vary based on target species, but will generally be non-invasive where practicable.

Where possible, such as with northwestern pond turtle, foothill yellow-legged frog, and giant gartersnake, we will use visual encounter surveys by qualified biologists using binoculars.

Surveys for western spadefoot and other hard-to-see species may be conducted as dipnet or seine surveys by appropriately-permitted biologists. All new populations of rare species will be mapped with sub-meter accurate GPS handhelds and reported to the CNDDB. This is a periodic survey which will be required for all nine preserves in 2025.

Subtask 2u. Wetland Delineation Review (Periodic Task)
This task is based on GOSMP Action 6-1-3. Under this task, we will load existing wetland delineation maps onto a sub-meter accurate GPS handheld. We will field-verify all delineated features, and search for instances in which changing conditions have caused changes in the extent of potentially jurisdictional wetlands and Waters of the U.S. and of the State of California.

In instances where feature boundaries have changed significantly, or areas have been converted from wetland to upland or vice versa, we will collect wetland delineation data points and map the new boundaries. This is a periodic survey which will be required for the Claremont, Orchard Creek, Stanford Ranch, Sunset West, and Whitney Ranch preserves in 2025.

Subtask 2v. Unknown Occurrences of Special-Status Plant Surveys (Periodic Task, Not Required)
This is an intermittent task which will not be required for any of the preserves during the period from 2023-2025. A description of the task is included here for completeness.

This task is based on Action 6-9-3 in Goal 6-9 in Table 6-1 of the GOSMP. Under this task, we will conduct rare plant surveys if the five-year survey interval falls within the contract period.

Rare plants with the potential to occur in the preserves will be identified based on the Baseline report, CNDDB, and other sources. Potential habitat for these species will be identified based on the General Conditions Surveys, the Baseline report, and other sources. All suitable habitat for each species will be surveyed during the appropriate identification window. Populations of rare plants will be mapped using a sub-meter accurate GPS handheld. Abundance will be assessed semi-quantitatively using broad abundance categories, i.e., 0, 1 - 100, 101 - 500, 501 - 1,000, and >1,000 plants. All new populations will be submitted to the CNDDB, and included in future Known Occurrences of Special-Status Plant Surveys. These surveys will be combined with other surveys as appropriate to the identification window of each plant (e.g. vernal pool plants such as legenere will be surveyed for concurrent with other vernal pool vegetation monitoring).

Task 3. Habitat Mapping
Subtask 3a. Special Status Species Map
This task is based on GOSMP Action 6-4-5, Action 6-8-3, and Action 6-9-4. Under this task, we will use data collected in the field surveys to update all maps of special-status wildlife and plant species. Maps will be included in the annual reports, and all occurrences will be submitted to CNDDB.
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Subtask 3b. Habitat Conditions Map
This task is based on GOSMP Action 6-3-1 and Action 6-7-2. Under this task, we will update all site maps based on the results of general conditions surveys. Maps will reflect the latest information on general site conditions, invasive weed populations, beaver dams, problematic erosion, human disturbance, and other issues of note.

Subtask 3c. Wetland Delineation Re-Map (Periodic Task)
This task is based on GOSMP Action 6-1-3. Under this task, we will use data gathered during the Wetland Delineation Review to revise the mapping of all delineated wetlands and Waters. We will produce new wetland delineation maps reflecting current conditions in the preserves. The new maps will meet all Sacramento District Army Corps of Engineers mapping and data standards. This is a periodic task which will be required for the Claremont, Orchard Creek, Stanford Ranch, Sunset West, and Whitney Ranch preserves in 2025.

Subtask 3d. Creek Conditions Mapping (Periodic Task)
This task is based on GOSMP Action 6-2-3. Under this task, we will use data gathered during the general conditions surveys to update all creek conditions maps. The revised maps will display creeks broken into reaches, with each reach rated by condition, and appropriateness for restoration or enhancement efforts. Significant issues such as degradation or aggradation, riparian vegetation loss, and human disturbance will be identified. This is a periodic task which will be required for the Claremont, Orchard Creek, Stanford Ranch, Sunset West, and Whitney Ranch preserves in 2025.

Subtask 3e. Vegetation Community Map Revisions (Periodic Task) This task is based on GOSMP Action 6-8-2. Under this task, we will use data gathered during the General Conditions Surveys, as well as the latest available aerial photos, to update all vegetation community maps. Any areas of habitat type conversion will be identified. The acreage and type of converted areas will be measured for inclusion in the reports. Reasons for habitat conversion will be discussed in the annual reports. This is a periodic task which will be required for the Claremont, Orchard Creek, Stanford Ranch, Sunset West, and Whitney Ranch preserves in 2025.

Subtask 3f. Oak Mapping (Periodic Task)
This task is based on GOSMP Action 6-10-5. Under this task, we will revise the oak habitat maps for each preserve, based on the data collected in the Oak Tree Census and Health Monitoring.

Revised maps will show updated acreage of oak canopy in each preserve, along with updated species counts and health metrics. Changes in oak tree communities will be discussed in the annual monitoring reports. This is a periodic survey which will be required for the Garnet Creek and Parklands North preserves in 2024 and the Claremont, Orchard Creek, Stanford Ranch, and Sunset West preserves in 2025.

Task 4. Management And Restoration Recommendations
During each inspection, biologists will note issues which may require management, as well as opportunities for habitat enhancement, as described above. Issues will be mapped for inclusion in the annual reports. All issues which may require urgent management action will be reported to the VNLC project manager. The VNLC project manager will contact the City point-of-contact to report urgent management needs. Non-urgent management needs and habitat enhancement recommendations will be described in the annual management report, along with priority ratings 175

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to Contract Services Agreement
for each action. We will meet with City personnel to discuss maintenance issues or violations which must be reported to the regulatory agencies. During this meeting, we will discuss potential remedies for any such issues, and agree on the approach to each which will be included in the annual report.

Task 5. Data Analysis And Report Preparation
Subtask 5a. Data Analysis
We will create a custom relational database for the project in Microsoft Access, including tables for each data type and queries to produce each required analysis for the reports. We will enter data into the database as it is collected over the course of the year, allowing rapid identification of management issues and data gaps. Geographic data will be collected in ESRI ArcGIS formats for analysis and display in ArcMap software.

Subtask 5b. Draft and Final Monitoring Reports
A thorough yet concise annual draft monitoring report will be submitted to the City that details the methods and results of monitoring surveys, and discusses specific management recommendations. The report will cover overall site conditions by preserve, and will include (for each parcel) specific recommendations with regard to (1) any habitat enhancement measures deemed to be necessary to meet preserve goals, (2) any maintenance problems or violations, (3) a proposed resolution and timeline for any maintenance problems or violations, and (4) any changes in the monitoring or management program that appear to be warranted based on monitoring results to date, or recommendations for changes to monitoring or maintenance goals.

It will also include specific features mapped and documented during field surveys, as well as an analysis and summary of all monitoring parameters measured during field surveys (e.g. number and percent of pools meeting the vernal pool dominants threshold, and specific instances and analyses of pools not meeting the threshold). In addition, monitoring reports will include precipitation data to allow the Preserve Manager to evaluate the performance of the vernal pools relative to available water supply. Summary tables and figures will be included to clearly highlight important findings. The report will include representative photographs, a set of appropriately scaled color maps with all notable features shown, and electronic copies of field data sheets. After review by the City, we will incorporate the City’s changes into the final monitoring report. If requested, the City will have an additional opportunity to review an electronic copy of this final report before hard copies are printed and submitted.

Subtask 5c. Wetland Delineation Report (Periodic Task)
According to the GOSMP, a re-delineation of all wetlands is required once every 10 years. We will use the data produced in the Wetland Delineation Re-Map to produce a wetland delineation report for the Claremont, Orchard Creek, Stanford Ranch, Sunset West, and Whitney Ranch preserves in 2025. The report will meet all Sacramento Army Corps district standards for wetland delineations. We will submit this report for review to the City. After any necessary revisions, we will submit the report to the Corps for re-verification. 176

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EXHIBIT B
Schedule of Performance
This Agreement will commence on the start date of March 1 st, 2023, as presented Herein. This Agreement is for an initial ten month period and will be renewable on a year-to year basis for two additional one-year terms at the City’s option pursuant to the Contract Documents. See Below for the project schedule:
177

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178

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To Contract Services Agreement

EXHIBIT C

SCHEDULE OF FEES
The total compensation for the Scope of Services identified in Exhibit A shall not exceed $95,858. The cost breakdown has been included below.
179

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EXHIBIT D
CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
[Labor Code § 1861]
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

CONTRACTORS
By:
[Title]
181
City Council
Staff Report

Subject:

Stanford Terrace Final Map
Date:

February 14, 2023
Submitted By:

David Mohlenbrok, Director of Community Development
Lynn Toth, Associate Civil Engineer
Department:

Community Development
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving the Final Map of Stanford Terrace 1 Lot Condominium Subdivision (SD-2013-05).

Background:

This project is generally located on Stanford Ranch Road and Sunset Boulevard at the southeast corner of the intersection of Stanford Ranch Road and Plaza Drive. APN 017-460- 003-000.

Owner/Applicant (Subdivider): STANFORD TERRACES II LLC, a California limited liability company.

The tentative subdivision map for the Stanford Terrace 1 Lot Condominium Subdivision was approved by the City Council on October 28, 2014 per Resolution No. 2014-236. The applicant recorded a final map for the first phase of the project, creating three commercial parcels and an approximately 7.2-acre parcel, on October 30, 2015 in Book DD of Maps, at

Page 41 ends

subsequently merged with the Umpqua Bank property through a Lot Line Adjustment. The tentative map was subsequently re-approved by the City Council on September 26, 2017 per Resolution No. 2017-217, as a modified Tentative Subdivision Map to allow the further subdivision of the 7.2-acre parcel into 119 residential condominium lots and three lettered common area lots consistent with the original City Council approval.

A two-year Time Extension of the tentative map was approved by the City Council on September 24, 2019 per Resolution No. 2019-218, extending the map to September 26, 2021.

Pursuant to AB 1561, the map was automatically extended eighteen months, to March 26, 2023.

Beginning in 2019, the developer submitted site improvement plans as well as applied for building permits. The first site work plans were approved in July of 2021, and the City Building Item Number 2.H

182
Division issued building permits beginning in July of 2022. The applicant is requesting the approval of a 1 lot final map for Condominium purposes.

Approvals of final maps are procedural in nature and per Section 66474.1. of the Subdivision Map Act, a legislative body shall not deny approval of a final map or parcel map if it has previously approved a tentative map for the proposed subdivision and if it finds that the final or parcel map is in substantial compliance with the previously approved tentative map.

The map is technically correct. All fees have been paid and conditions of approval have been met. The construction of the improvements associated with this map are complete. The map is ready for approval.

Fiscal Impact:

There is no direct fiscal impact to the General Fund. The only public dedication on this map is for public utility easements. There are no other dedications that would require City maintenance in the future.

ATTACHMENTS:

1. Resolution - Stanford Terrace Final Map

2. Stanford Terrace Condo Final Map
183
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ROCKLIN APPROVING THE FINAL MAP OF
STANFORD TERRACE 1 LOT CONDOMINIUM SUBDIVISION (SD-2013-05) The City Council of the City of Rocklin does resolve as follows:

Section 1. The City Council of the City of Rocklin hereby finds as follows:

A. That a tentative subdivision map for a subdivision known as Stanford Terrace Condominiums (SD-2013-05), was approved per Resolution No. 2014-236 (the "Subdivision") and was re-approved per Resolution No. 2017-217 and submitted by Golden State Lumber, Inc., a California corporation, subject to certain conditions; B. The land was transferred to STANFORD TERRACES II LLC, a California limited liability company (the “Subdivider”). The Subdivider has fully satisfied all said conditions and now desires to record a final map for the Subdivision; C. The City Surveyor has reviewed the final map for the Subdivision and has determined that it substantially conforms to the approved tentative map and all conditions and requirements of that approval, and now recommends approval of the final map.

Section 2. The City Council hereby approves the final map for the Subdivision, attached hereto as Exhibit “A” and incorporated herein, and accepts on behalf of the public the dedication of easements shown and offered on the final map for the Subdivision, subject to improvements of said easements and acceptance thereof by the City.

Section 3. 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 14th day of February, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
_______________________________________
Ken Broadway, Mayor
ATTEST:
______________________________
Hope Ithurburn, City Clerk
184

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Reso. No. 2023-

EXHIBIT A

FINAL MAP
185
FINAL MAP OFSTANFORD TERRACENOTARY'S ACKNOWLEDGMENT:SURVEYOR'S STATEMENTSUBDIVISION NO. SD-2013-05BEING ALL OF LOT G, BOOK DD OF MAPS, PAGE 41ALSO BEING A PORTION OF SECTIONS 23 & 24,T.11 N., R.6 E., M.D.M.CITY OF ROCKLIN, COUNTY OF PLACER, STATE OF CALIFORNIAFEBRUARY 2023SHEET 1 OF 2OWNER'S STATEMENTCITY SURVEYOR'S STATEMENTCITY COUNCIL STATEMENT:

CONDOMINIUMS
RECORDER'S STATEMENT:

BENEFICIARY'S STATEMENTNOTARY'S ACKNOWLEDGEMENT
186
ΔΔ
FINAL MAP OFCONDOMINIUMSSUBDIVISION NO. SD-2013-05BEING ALL OF LOT G, BOOK DD OF MAPS, PAGE 41ALSO BEING A PORTION OF SECTIONS 23 & 24,T.11 N., R.6 E., M.D.M.CITY OF ROCKLIN, COUNTY OF PLACER,STATE OF CALIFORNIAFEBRUARY 2023SHEET 2 OF 2LEGEND N

STANFORD RANCH ROADNOTESSTANFORD TERRACE
BASIS OF BEARINGSDETAIL "A"DETAIL "B"
187
City Council
Staff Report

Subject:

Nellia Estates Notice of Completion
Date:

February 14, 2023
Submitted By:

David Mohlenbrok, Director of Community Development
Lynn Toth, Associate Civil Engineer
Department:

Community Development
Recommendation:

Background:

This project is generally located south of Winding Lane, east of and with public street access to Lost Avenue. T
he project consists of four (4) lettered residential parcels, and one (1) lettered homeowners’ association (“HOA”) maintained common area private street (Area ‘K’).

The location map is included as Attachment 1.

The tentative subdivision map for Samoylovich (now Nellia) Estates (DL-2003-03) was approved by the Planning Commission on May 3, 2005 per Resolution No. PC-2005-57. The City Council approved and authorized the execution of a Subdivision Improvement Agreement on August 14, 2018 per Resolution No. 2018-213. The parcel map was recorded on March 16, 2020 in Book 36 of Parcel Maps, at Page 27 in the Office of the Recorder of Placer County.

Nellia Court was offered for dedication in fee to the HOA on the aforementioned parcel map and the Subdivision Improvement Agreement required the developer, Multigroup, LLC, to construct certain improvements, including the private street: Nellia Court, as shown as Area ‘K’ on Exhibit “1” of the Notice of Completion.

Multigroup, LLC has completed the improvements and will maintain a warranty bond for a period of one (1) year from the date the City approves the Notice of Completion for the improvements.

Fiscal Impact:

There is no fiscal impact to the City from this action. The street is private and will be maintained by the Homeowner’s Association.

Item Number 2.I

188

ATTACHMENTS:

1. Resolution - Notice of Completion

2. Resolution Exhibit 1 - Map
189
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ROCKLIN APPROVING THE NOTICE OF COMPLETION FOR THE WORKS

KNOWN AS NELLIA COURT FOR NELLIA (FORMERLY SAMOYLOVICH) ESTATES (DL-2003-03), AND AUTHORIZING AND DIRECTING

THE EXECUTION AND RECORDATION OF

SAID NOTICE ON BEHALF OF THE CITY
(Multigroup, LLC, a California Limited Liability company) The City Council of the City of Rocklin does resolve as follows:

Section 1. The Notice of Completion (“Notice”) relative to that private work known as Nellia (formerly Samoylovich) Estates Improvements, private street (DL-2003- 03), attached hereto and incorporated herein as Exhibit “A”, which consists of a court as identified as Area ‘K” on Exhibit “1” of the Notice, is hereby approved.

Section 2. The City Engineer is authorized and directed to execute said Notice on behalf of the City of Rocklin.

Section 3. The City Clerk is authorized and directed to record said Notice in the Office of the Placer County Recorder when fully executed and notarized and within ten (10) days of City Council approval.

PASSED AND ADOPTED this 14th day of February 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
___________________________
Ken Broadway, Mayor
ATTEST:
__________________________
Hope Ithurburn, City Clerk
190
Exhibit “A”
Notice of Completion
191
Recording Requested by
and Return to:

City Clerk
City of Rocklin
3970 Rocklin Road
Rocklin, CA 95677
No Fee Per Gov’t Code § 27383
No Documentary Transfer Tax -$0-
Per Rev & Tax Code § 11922

NOTICE OF COMPLETION
On May 3, 2005, the Planning Commission of the City of Rocklin, located at 3970 Rocklin Road, Rocklin, California, approved the Samoylovich (now Nellia) Estates Tentative Parcel Map (Planning Commission Resolution No. 2005-57) and a condition of said map was the construction of certain improvements. The Parcel Map of Nellia (formerly Samoylovich) Estates, was recorded with the County Recorder of Placer County on the 16 th day of March, 2020 in Book 36 of Parcel Maps, at Page 27.

NOTICE IS HEREBY GIVEN that the work (private streets) known as Nellia (formerly Samoylovich) Estates Improvements (DL2003-03) is complete. The location of said work (the street listed as “Nellia Court”) is indicated as Area ‘K’ on the map attached hereto as Exhibit “1” and incorporated herein by this reference. The developer of said project was Multigroup, LLC, a California Limited Liability company. The surety on said project was Philadelphia Indemnity Insurance Company. The date of completion was Dec. 31, 2022.

I, _____________________________, being first duly sworn, depose and say: I am employed by Bennett Engineering, Inc., the City Engineer of the City of Rocklin, a general law city in the State of California. I am duly authorized to make this verification for and on behalf of the City of Rocklin. I have read the Notice of Completion, and know its contents and the facts stated therein are true.

ATTEST:
___________________________
Hope Ithurburn, City Clerk
City of Rocklin
______________________________________________
Bennett Engineering, Inc. by _____________________,
City Engineer - City of Rocklin, 3970 Rocklin Road,
Rocklin, California – Owner of the Public Work
Improvements – Nellia Estates Private Street (DL-2003-
03)
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
192
Date: Signature:______________________________________
Bennett Engineering, Inc. by
________________________________________
City Engineer, City of Rocklin
193

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Notice of Completion
Nellia Estates Improvements
(DL-2003-03) Reso. No. 2023-
EXHIBIT “1”

NOTICE OF COMPLETION OF IMPROVEMENTS

OF PRIVATE STREET IMPROVEMENTS
NELLIA ESTATES (DL-2003-03)
194
195
City Council
Staff Report

Subject:

Granite Lake Estates - Time Extension Tentative Subdivision Map, SD-2000-02A Oak Tree Preservation Plan Permit, TRE-2000-33A Date:

February 14, 2023
Submitted By:

David Mohlenbrok, Director of Community Development
Bret Finning, Planning Services Manager
Department:

Community Development
Recommendation:

Background:

See Attachment 2, Staff Report, which is uploaded separately to maintain the integrity of document formatting.

Item Number 4.A

ATTACHMENTS:

1. Resolution - Granite Lake Estates Time Extension

2. Staff Report - Granite Lake Estates Time Extension

3. Staff Report Attachment A - Extension Request

4. Staff Report Attachment B - Resolution No. 2022-127, Conditions of Approval and Tentative Map Exhibit
196
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN APPROVING A FOUR-YEAR

TIME EXTENSION OF A TENTATIVE SUBDIVISION MAP AND AN

OAK TREE PRESERVATION PLAN PERMIT
(Granite Lakes Estates Time Extension / SD-2000-02A & TRE-2000-33A) 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. On May 28, 2002, the City Council of the City of Rocklin approved a Tentative Subdivision Map (SD-2000-02) and Oak Tree Preservation Plan Permit (TRE-2000-33) via City Council Resolution No. 2002-166 to allow for the development of 119 residential lots and several parcels for open space, and storm water detention. A substantial compliance modification of the project subsequently eliminated 3 lots reducing the total to 116. To date 48 lots have been developed and built out and 68 lots remain undeveloped.

B. On June 14, 2022 the City Council approved modifications to the conditions of approval applicable to the subdivision, via City Council Resolution No. 2022-127, to clean up obsolete conditions and language and add language to clarify that the Monument Springs bridge and roadway improvements must be completed and open to traffic prior to issuance of any additional building permits in the subdivision unless a “Subdivision Improvement Agreement” with a performance bond has been accepted by the City to ensure completion of the bridge and roadway improvements.

C. The Granite Lakes project included a Development Agreement (DA-2000- 01), effective July 11, 2002, approved via Ordinance 856. The initial term of the Development Agreement was 10-years. Through a modification in 2010 (Ordinance 959) and a second modification in 2020 (Ordinance 1129) the term of the Development Agreement was extended for an additional 9 years, a total of 19 years. The Development Agreement expired July 11, 2021.

D. In the absence of the Development Agreement, Assembly Bill 1561, signed into law on September 28, 2020, was determined to be applicable to the Granite Lake Estates tentative subdivision map and automatically extended the expiration of the Tentative Subdivision Map (SD-2000-02) and Oak Tree Preservation Plan Permit (TRE- 2000-33) for 18 months, through January 11, 2023.

E. Prior to expiration of the project the applicant filed an application to extend the term of Tentative Subdivision Map (SD-2000-02) and Oak Tree Preservation Plan Permit (TRE-2000-33) for an additional four years, through January 11, 2027 for a total term of 25 years since original approval of the project in 2002. 197

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F. An Environmental Impact Report (EIR) for this project was certified via City Council Resolution No. 2002-165 on May 28th, 2002. An Addendum to the EIR addressing modifications to the project was certified via City Council Resolution No. 2022-98, on May 10, 2022.

G. The approved project, together with the provisions for its design and improvement, is consistent with the zoning classification on the property.

H. The approved project, together with the provisions for its design and improvement, is consistent with the objectives, policies, general land uses and programs in the City of Rocklin's General Plan.

I. The site is physically suitable for the approved type and density of development.

J. The approved design of this project is compatible with surrounding development, natural features and constraints.

K. The height, bulk, area, color scheme and materials of the approved buildings and structures are compatible with surrounding development.

L. The design of the approved project and improvements are not likely to cause substantial environmental damage, nor will they substantially and avoidably injure fish or wildlife or their habitat.

M. The design of the approved project and type of improvements will not cause serious public health problems.

N. The design of the approved project and type of improvements will not conflict with easements acquired by the public at large for access through or use of the property within the proposed subdivision.

O. The design of the approved project provides, to the extent feasible, for future passive or natural heating and cooling opportunities.

Section 2. The request for an extension of time for the Granite Lakes Estates Tentative Subdivision Map (SD-2000-02) and Oak Tree Preservation Plan Permit (TRE- 2000-33), originally approved by City Council Resolution No. 2002-166, and later modified by City Council Resolution No. 2022-127, is hereby approved, subject to the terms and conditions of City Council Resolution No. 2022-127, any subsequent amendments thereto, and the conditions described below.
198

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A. Conditions

1. The expiration date for the Entitlements shall be extended by a total of four (4) years to January 11, 2027, unless prior to that date a final map has been recorded or a further extension has been granted.

2. Previously-approved City Council Resolution No. 2022-127 and associated exhibits shall govern the design and construction of the project.

PASSED AND ADOPTED this 14th day February, 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
199
City Council Report
Subject: Granite Lakes Estates - Time Extension
Tentative Subdivision Map, SD-2000-02A
Oak Tree Preservation Plan Permit, TRE-2000-33A
Date: February 14, 2023
Submitted by: David Mohlenbrok, Community Development Director Bret Finning, Planning Services Manager

Department: Community Development Department
Recommendation
Staff recommends that the City Council approve the following:

A Resolution of the City Council of the City of Rocklin Approving a Four-Year Time Extension of a Tentative Subdivision Map and an Oak Tree Preservation Plan Permit (Granite Lakes Estates Time Extension / SD-2000-02A & TRE-2000-33A) Proposal/Application Request
This application is a request for approval of a four-year extension of time for a Tentative Subdivision Map (SD-2000-02A) and an associated Oak Tree Preservation Permit (TRE-2017-0003) to subdivide approximately 80 gross acres into 116 residential lots, and several parcels for open space, and storm water detention. To date, 48 lots have been developed and built out, and 68 lots remain undeveloped.

Location
The subject property is generally located in the southeast area of the City of Rocklin at the southerly termini of Greenbrae Road and Monument Springs Drive, bounded by Greenbrae Road to the north, the Quarry Ridge Subdivision to the east, the Rustic Hills and the undeveloped Highlands Parcel A subdivisions to the west, and the Highlands subdivision to the south. The Assessor’s Parcel Number of the undeveloped portion of the site is (APN) 046-030-070. See Figures 1 through 3.
200
City Council Report
Granite Lake Estates – Time Extension
February 14, 2023

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Figure 1 – Location Map
201
City Council Report
Granite Lake Estates – Time Extension
February 14, 2023

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Figure 2 – Approved Tentative Subdivision Map
202
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February 14, 2023

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Figure 3 – Adjacent Project Approvals
Owner/Applicant
The property owner is Capital Equity Management Group, Inc. and the applicant is Cook Development Consulting Services, LLC.

Previous Approvals
The Granite Lake Estates subdivision, a 119 -lot single family residential development, was approved by the City Council on May 28, 2002 via Resolution No. 2002 -166. The total lot count was later reduced to 116 via a substantial compliance adjustment to the map configuration when a final map for the firs t phase of the development was recorded. The project entitlements included an Environmental Impact Report (EIR), General Development Plan, Tentative Subdivision Map, Oak Tree Preservation Plan Permit, grading Design Guidelines, and a Development Agreement. Consistent with the requirements of the Southeast Rocklin Circulation 203
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Granite Lake Estates – Time Extension
February 14, 2023

Page 5 ends

Element, adopted in 1993, primary access to the project site was to be via an extension of Monument Springs Road from its terminus on the north side of Secret Ravine to Greenbrae Road.

The extension included construction of a developer-funded bridge over the creek and a two-lane road to connect to Greenbrae Road. At the time the property for this off-site improvement was located in an area under the jurisdiction of Placer County. Known as the Greenbrae Area, this island of Placer County controlled land was annexed into the City of Rocklin in 2016. The project was allowed to construct up to a maximum of 40 homes in the first phase of development in order to partially offset the cost of off-site improvements. This limitation was not based upon any environmental transportation impact thresholds being exceeded if homes in excess of that number were built.

In 2010, the first phase of the Granite Lake Estates subdivision, consisting of 48 lots had been constructed and the first homes were being built. The extension of Monument Springs Drive had been delayed by a number of factors including changes to the proposed road alignment, difficulty acquiring the needed right-of-way, and the downturn in the economy now known as the “Great Recession”. As a result, the project developer at the time, S360 Granite Lakes LLC, applied to amend the project’s approvals to allow eight additional homes to be built prior to completion of the bridge and roadway extension, for a total of 48 homes. The City Council approved the modification on February 23, 2010.

Homes were completed on all 48 lots in the first phase of project development and construction of the bridge and roadway improvements was started. Work on the bridge and roadway improvements were later halted, and ultimately the undeveloped portions of the subdivision went into receivership and were lost. The property was later acquired by the current owners, Capitol Equity Management Group, Inc. Since that time the property owners have been working with the City and the owners of the similarly conditioned Vista Oaks and Highlands Parcel A projects to identify options to finance and build the Monument Springs bridge and roadway improvements and allow the projects to be completed.

The Development Agreement (DA) approved for the Granite Lakes Estates project in 2002 (Ordinance No. 856) allowed for the creation of up to 40 lots (approximately one-third of the project) to be constructed and occupied prior to construction of the Monument Springs Bridge and roadway improvements being completed. The Development Agreement was amended twice.

The first amendment, approved by the City Council in 2010 (Ordinance No. 959), increased the total number of homes that could be built in the Granite Lakes Estates subdivision, prior to completion of the bridge and roadway improvements, from 40 to 48, to match the number of lots developed with the first phase of the subdivision and extended the term of the DA to July 11, 2020. The City Council approved the Second Amendment to the Development Agreement, to extend the life of the Development Agreement through July 11, 2021 (Ordinance No. 1129) on July 14, 2020. The applicant was in negotiations with the City for a third amendment to modify 204
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February 14, 2023

Page 6 ends

the terms of the agreement and extend its life; however, due in part to delays and disruptions associated with the Covid-19 pandemic, agreement was not reached and the DA expired on July 11, 2021. At that time, it was determined that AB 1561, a recently enacted time extension for tentative subdivision maps was applicable to the project, thereby extending the validity of the Granite Lake Estates tentative subdivision map by eighteen months to January 11, 2023.

On June 22, 2021 the City took a significant step in its commitment to help ensure the Monument Springs bridge is constructed by including $1.5 million in its 2022-2026 Capital Improvement Plan; these funds would be in addition to approximately $198,000 that has previously been collected by the City from Highlands Units 2 and 3 toward the construction of the bridge and roadway extension. Then on May 10, 2022, the City Council approved modifications to the General Development Plan for the Granite Lake Estates subdivision, and the tentative subdivision map conditions of approval for Vista Oaks Tentative Subdivision Map. The public hearing was continued to June 14, 2022, at which time the City Council approved modifications to the conditions of approval for the Granite Lake Estates Tentative Subdivision Map. The proposed modifications, allowing construction of additional homes in the Vista Oaks project area prior to completion of the bridge and roadway improvements, were intended to support of the creation of a Community Facilities Finance District and issuance of Bond Opportunities for Land Development (BOLD) bonds in order to fund the construction of the Monument Springs bridge and roadway. Due to community concerns about increased traffic on Aguilar Road, the City Council did not allow any additional homes to be built in the Granite Lake Estates project prior to completion of the bridge and roadway improvements.

Specifically, the modifications to the Granite Lake Estates project, City Council Resolution No. 2022-127 (Attachment B) consisted of the following:
• General Development Plan Amendment (PDG-2000-008B) to delete a provision in the document that restricted the number of homes that could be built in the Granite Lake Estates subdivision to a maximum of 48 units prior to completion of the Monument Springs bridge and roadway improvements; and
• Tentative Subdivision Map Modification (SD-2000-02A & TRE-2000-33A) to amend the conditions of approval for the Granite Lake Estates tentative subdivision to clean up obsolete conditions and language and add language to clarify that the Monument Springs bridge and roadway improvements must be completed and open to traffic prior to issuance of any additional building permits in the subdivision unless a “Subdivision Improvement Agreement” with a performance bond has been accepted by the City to ensure completion of the improvements.
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Proposed Time Extension
In July 2022, the applicant submitted a request for a four-year extension of time for the Granite Lake Estates project ( Attachment A ) and provided the below timeline for completion of the project (Figure 4). It is staff’s understanding that the applicant and other involved parties have been working on the BOLD financing for the project but it is not yet in place.

Figure 4 – Applicant’s Timeline for Project Completion
Est. Date Activity Comments Timing
Sept 2022 GLE Tentative Map extension (Subject to City approval) April 2023 MS Bridge Construction starts (Subject to City schedule) May 2023 GLE Improvement Plans (Subject to City approval) June 2023 Subdivision Improvements start (Estimated timing) Nov 2023 MS Bridge & Road extension
completed
(Subject to City schedule)
Feb 2024 Final Map records (Subject to City approval)
Per Rocklin Municipal Code (RMC) Section 16.24.040 – “ The council may grant one or more extensions of time up to but not exceeding a total of an additional four years beyond the initial thirty-six months allowed for filing a final map. No single extension shall be granted for longer than a twenty-four month period. Applications for time extensions shall be made in writing to the planning department prior to the expiration of the tentative map. The application shall include a justification for approval of the extension, an explanation stating the reason the map was not finalized within the initial map life, and an anticipated project activity timeline. A representative for the project shall also be required to be present at any/all public hearings for the extension.

Upon submittal of a complete application to extend the map, the map shall be automatically extended for sixty days or until the application for the extension is approved, conditionally approved or denied, whichever occurs first.”
In the extension request, the applicant acknowledges that the RMC states that no single extension shall be granted for longer than a twenty-four-month period. However, the applicant feels that special circumstances warrant granting this project a four-year extension. The California Subdivision Map Act (Map Act) establishes that tentative subdivision maps may be valid 206
City Council Report
Granite Lake Estates – Time Extension
February 14, 2023

Page 8 ends

for a maximum of 10-years, including initial approval, and any extensions granted by the approving authority, but not including any automatic extensions that the State may grant. The Map Act further sets the maximum time extension that may be granted at any given time at six- years. As the Map Act is the establishing legislation upon which Title 16 – Subdivisions in the Rocklin Municipal Code is based the City Council may grant the applicant’s request for a four-year time extension.

This is the first extension requested for the Granite Lake Estates project. If approved, consistent with the applicant’s request, the Tentative Subdivision Map would be valid through January 11, 2027; 25 years since original approval in 2002.

Staff Findings
Staff finds this request to be consistent with the existing General Plan designation and zoning, and with the requirements of the Government Code; and further finds the proposed project to be compatible with existing and anticipated development of surrounding residentially designated properties.

Environmental
An Environmental Impact Report (EIR) for this project was certified via City Council Resolution No. 2002-165 on May 28th, 2002. An Addendum to the EIR addressing modifications to the project was certified via City Council Resolution No. 2022-98, on May 10, 2022. Because no changes are proposed as part of this request for extension to the previously approved project, pursuant to Section 15162 of California Code of Regulations (CEQA Guidelines), no additional environmental review is required.

The EIR is available at the Rocklin Community Development Department and can also be found at the following link:

Granite Lakes Estates Final EIR
Attachments
Attachment A – Applicant’s Extension Request
Attachment B – City Council Resolution 2002-127, Granite Lake Estates Conditions of Approval and Tentative Map Exhibit
Prepared by Bret Finning, Planning Services Manager
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City Council
Staff Report

Subject:

Key Management Practices Update
Date:

February 14, 2023
Submitted By:

Daniel Choe, Deputy Director of Administrative Services Department:

Administrative Services - Finance
Recommendation:

Receive an Update on Proposed Changes to the City's Key Management Practices, and Provide Direction to Staff.

Background:

Reserves are an important tool for managing fiscal sustainability, enabling the City to avoid counterproductive tax increases or service cuts. Having set aside funds and policies provide protection from risk and help weather economic volatility and other emergencies.

Utilizing the Key Management Practices (KMPs), the City established certain reserve funds, and has been annually allocating resources through the City's budget process. Also, if and when general fund surplus materialized, those resources have been used to fund reserves at year-end. These practices have helped the City further reduce its liabilities and strengthened the organization's financial health.

The current KMPs enable a prudent practices of setting aside reserves; however, during a recent review, staff identified opportunities for the improvement of the City's current reserve policy and use of its surplus in an effort to ensure funds are systematically set aside, and are appropriate for the City of Rocklin.

Regarding reserve levels, the staff recommended changes, which are identified in the table on the next page, are consistent with the Government Finance Officers Association best practices to set a target level of reserves to better accomplish the purpose of reserve funds and limit contributions that are no longer required.

Item Number 5.A

253
Reserve
Minimum Target
Maximum Target
General Fund Operating Reserve
25% of planned operating
expenditures
Undefined
Building Reserve
Undefined
Undefined
Economic Reserve
Undefined
Undefined
Fleet Capital Reserve
Value of fleet replacement needs
for next five years
Total purchase value of fleet
assets
Pension Liability
80% funded status based on the
most recent valuation report
100% funded status based on the
most recent valuation report
Retiree Health Fund
80% funded status based on the
most recent valuation report
100% funded status based on the
most recent valuation report

In addition to the reserve levels identified in the table above, recommended changes to KMPs language defining certain reserves are highlighted in the ensuing section. The changes are intended to set reserve target levels where appropriate and provide clarity in use of General Fund surplus.

General Fund Operating Reserve
The City will maintain an operating reserve
equal
in the General Fund equivalent to, at a
minimum, 25% of the planned budgeted operating expenditures in the General Fund (less any
capital equipment and/or project budget)
. These reserved dollars will be used to support
unforeseen emergencies, operating insufficiencies and short-term internal loans. Management will exercise every mechanism available (e.g., budget cuts, hiring freezes, etc.) to avoid use of the reserve. To the extend the reserve level falls below 25%, a plan will be developed and executed to replenish the reserve at the targeted funding level within three years.

Disaster Contingency Reserve
(no changes recommended)
The City will maintain an emergency reserve equal to $1 million as set by Resolution 2012- 136. These reserved dollars will be used in the event of a "declared emergency" providing financial support for recovery efforts as directed by the City Council.

Self-Insured Losses Reserve
(no changes recommended)
The City of Rocklin will maintain a self-insured losses reserve equal to $2 million. These reserved dollars will be used for losses not covered by under existing insurance programs.

Retiree's Health Fund
The City will maintain a Retiree's Health Fund, which will be used to fund the Retiree's Health Trust to offset retirees' health accrued liability.

Additionally, the Retirees' Health Fund will be
partially funded by annual transfers in of 5% of the General Fund's current fiscal year's fund balance unreserved surplus.

Fleet Capital Reserve
(no changes recommended)
The City will maintain Fleet Capital Reserve in the Fleet Fund for the purchase of new and replacement vehicles and other capital assets. Reserve amount will be expended to each Operating Fund Division based upon the vehicles assigned. These amounts will be calculated utilizing the annual asset depreciation expense and allocated through a modified Fleet Allocation process. In the case where funds reserved in the Fleet Fund for particular asset to be replaced, or an additional new asset to be purchased, are insufficient to cover the entire cost of the asset, additional amounts will be expensed to the appropriate Operating Division in 254
that year.

Building Reserve
The City will maintain Building Reserve to fund capital maintenance projects to sustain existing City facilities or to support the expansion of existing city facilities to address the workforce needs of city services.

General Fund -
Special Reserve Fund
Use of Surplus
i
.

In the event the General Fund realizes surplus,
after calculating the
25%
General Fund
Operating Reserve target,
75%
remaining General Fund surplus (net amount by which
the
unreserved
unassigned fund balance is increased in that fiscal year) , in the amount
not to exceed 5% of the current fiscal year's revenue budget, will be split between
assigned as outlined below. Priority will be given to those items that relieve budget or financial operating pressure in future periods.

GF-Economic Reserve Fund (10%), GF
Building Reserve (20%), Retiree's Health Fund (5%), Fleet Reserve Fund (20%), City Council Community Fund (10%), and a payment towards the City's unfunded pension liability (35%).
1 .

Fund long-term accrued liabilities, including but not limited to debt service, pension liability, and retiree's health benefits (e.g. Other Post Employment Benefits liability, Section 115 Trust);
2 .

Provide funding for the Economic Reserve Fund;
3 .

Increase the contributions needed to fund the Fleet Capital Reserve 4 .

Provide funding for the Building Reserve; and
5 .

Surplus funds in excess of the minimum reserve targets and requirements in this section can be used for other specific purposes consistent with the General Fund - Use of Surplus.
ii
.

After calculating (i), any remaining General Fund surplus may be used in the following ways provided that such action is approved by the City Council:
1 .

Increase the contributions needed to fund one-time expenditures. 2 .

Start-up expenditures for new programs or construction and is considered in the context of multi-year projections of revenue and expenditures. iii
.

Any remaining General Fund surplus shall be added to its unassigned fund balance.

Unfunded Pension Liability Reduction
An additional 1% will be added to the employer rate of unfunded pension liability which will be used to pay down the City's unfunded pension liability. In additional, after all General Fund Special Reserve Fund transfers, if it is determined that the projected (current) fiscal year will have an increase in the General Fund unassigned (unreserved) Fund Balance, 50% of this increase will be used to pay down the City's unfunded pension liability. This transfer of funds will occur during the budget process following each year in which an increase occurs.

Monitoring Performance
(new section recommended to be added)
The City will review the current and five-year projected reserve to ensure that they are appropriate given the economic and financial risk factors the City is subject to on an annual basis during the City's budget process.

Staff recommends the City Council provide direction on the recommended changes to the KMPs. Direction provided on the recommended changes, including any other City Council directed changes, will be reflected in the Fiscal Year 2023/24 Operating Budget document. 255

256
City Council
Staff Report

Subject:

Sunset Whitney Recreation Area Proposed Master Plan
Date:

February 14, 2023
Submitted By:

Kevin Huntzinger, Director of Parks and Recreation
Department:

Parks and Recreation
Recommendation:

Provide Direction to Staff Based on Melton Design Group's Findings and Recommendations within the Proposed Master Plan for Sunset Whitney Recreation Area.

Background:

In 2018, the City of Rocklin completed the purchase of approximately 184 acres of unused land, formerly the Rocklin Golf Club, located at 4201 Midas Avenue, Rocklin, CA 95677. The area, now known as Sunset Whitney Recreation Area (SWRA), is envisioned as active and passive parkland. After feedback from public forums and the Parks, Recreation and Arts Commission, along with direction from the City Council, it was determined that a master plan for SWRA was the next appropriate step to ensure the area is developed appropriately.

On April 26, 2022, City Council approved the master plan contract with Melton Design Group (MDG). (Resolution No. 2022-84) Over the last ten months, City Staff, Parks, Recreation and Arts Commission, and City Council have worked with MDG to complete the proposed master plan design. The process included the following steps:

Project Coordination
Site Analysis and Utility Study
Needs Assessment, Stakeholder Outreach and Program Development SWRA Visioning and Master Plan Inspiration
Development, Operations and Maintenance Costs
Final Phased Implementation Plan

On September 12, 2022, a community meeting was held at the Rocklin Event Center to present initial master plan concepts. A survey was also made available online for comments.

On November 9 2022, MDG presented the conceptual SWRA master plan to the Parks, Recreation and Arts Commission. The staff report from that meeting is included as Attachment

1. No action was taken by the Commission; however they provided general support for the proposed master plan, with the the following comments:

Item Number 5.B

257

Play structures should include all inclusive amenities; Additional bike rack locations should be identified other than only near the flow track; Shade structure and lighting should be included with the pickleball court design; Request the inclusion of art in the master plan;
Positive feedback for additional pedestrian entrances to the park off of Midas Avenue.

Based on all feedback received, MDG will present the proposed SWRA Master Plan at the February 14, 2023, City Council meeting. Following the presentation, staff is requesting City Council provide direction based on MDG's findings and recommendations.

Fiscal Impact:

There is no fiscal impact associated with the staff recommendation. Any direction received by the City Council that may include additional costs will be brought back to the City Council at future meetings for formal approval.

ATTACHMENTS:

1. November 9 2022 PRAC Meeting SWRA Staff Report

2. Presentation - SWRA Master Plan
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259
260
Exhibit A
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262

E N T R Y & A R R I V A L ( O U T D O O R )
- D R O P - O F F
- C O N C R E T E P L A Z A
- R O S E G A R D E N & P E R G O L A
- P E R I ME T E R F E N C I N G
- MA I N T E N A N C E A C C E S S

MA I N T E N A N C E A R E A
- S H O P - 1 , 5 0 0 S F
- Y A R D W/ C O V E R - 6 , 0 0 0 S F
- O F F I C E - 1 , 5 0 0 S F
- T R A S H E N C L O S U R E
- L A N D S C A P E MA T E R I A L B A Y S

G R A N D A R R I V A L
- N E W MO N U ME N T S I G N
- D E C O R A T I V E P L A N T I N G
- C O N N E C T I V E P E D P A T H

V E T E R A N S ME MO R I A L
- H O N O R WA L L S
- R O S E G A R D E N
- A R T
- F L A G S
- C O N N E C T I V E P A T H S

P A S S I V E A R E A
- T U R F R E MO V E D
- A R T
- P I C N I C
- S H A D E T R E E S
- C O N N E C T I V E P A T H S

E A S T P L A Z A ( O U T D O O R )
- C O N C R E T E P L A Z A
- R E C E S S E D T U R F A R E A
- A R T
- P A V I L I O N
- D R Y C R E E K

- B R I D G E
- S T O N E P A T H

C L U B H O U S E R E N O V A T I O N S
(T B D )

V E H I C U L A R A C C E S S

R E S T R O O M/ P I C N I C S H E L T E R
- L A R G E P I C N I C S H E L T E R
- G A T H E R I N G A R E A
- P I C N I C T A B L E S

V E G E T A T I V E S C R E E N
- WI D E S C R E E N B E T WE E N

P A R K & R E S I D E N T I A L

P I C K L E B A L L C O U R T S
- ( 1 4 ) S T A N D A R D C O U R T S
- ( 2 ) C H A MP I O N C O U R T S

P A R K I N G L O T

A C T I V E P L A Y A R E A
- E L E V A T E D T O P O G R A P H Y
- N A T U R A L E L E ME N T S
- A L L A G E S
- T R E E H O U S E T O WE R
- S WI N G S
- S P I N N E R
- S P I N N E R

A R T WA L K / P A S S I V E A R E A
- D G ME D I T A T I V E P A T H S
- N O MO W T U R F
- A R T
- B R I D G E C O N N E C T I O N

P I C N I C P A V I L I O N
- MO U N T A I N B I K E V I E WI N G
- B I K E R A C K
- P I C N I C T A B L E S

N A T U R A L P R E S E R V E S
- WI L D L I F E & R E S T O R A T I O N
- V I E WI N G A R E A
- I N T E R P R E T I V E P A N E L S
- A R B O R E T U M
- O A K WO O D L A N D S
- B O U L D E
- B O U L D E R S & L O G S

P O N D & S H A D E S T R U C T U R E
- P O N D R E S T O R A T I O N
- B O A R D WA L K
- P I C N I C P A V I L I O N
- C O MMU N I T Y G A T H E R I N G

A D V E N T U R E P A R K &

MO U N T A I N B I K I N G

C L O V E R

V A L L E Y

P A R K

WE S T P L A Z A ( O U T D O O R )
- S T A G E
- L A R G E C O N C R E T E P A T I O
- L A R G E T U R F A R E A
- Y A R D G A ME S
- V E G E T A T I V E S C R E E N

R O T A T I N G F O O D T R U C K
- H O O K U P S A V A I L A B L E
- P E R MA N E N T C O N T A I N E R

O R F E A T U R E D F O O D T R U C K
- R O T A T E S P E R WE E K
- R E N T A L S

M I D A S A V E .

C L O V E R V A L L E Y C R E E K
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264
265
266
267
268
269
270
SUNSET WHITNEY RECREATION AREAMaster Plan February 14, 2023 271
272
273

ACTIVE PLAY AREA
274

PICKLEBALL COURTS
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VETERAN’S MEMORIAL
276

EAST PLAZA
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279
280
281
282
283
284
285
286
287
288
289
290
~ 3.5 FTEEMPLOYEES NEEDEDoMaintenance Activity or ProgramoScaleoFrequencyoTime/OccurrenceoStaffing LeveloJob ClassificationoTaskoStaffing Hourly CostoTotal Hours/TaskoHigh/Low Season CostsoContracted Services and CostsoMaterials and SuppliesoUtility CostsO&M COST CONSIDERATIONS 291

19.5Million
(CLUBHOUSE NIC)
292
18Million(CLUBHOUSE NIC)
293

1.5Million
294
$5.6 MILLION$370,000$1.5 MILLION
$6.9 MILLION$4.8 MILLION$1 MILLION$755,000$10 MILLION(SUNSET BLVD PARK) (CLUBHOUSE RENOVATION)
295
10Million
(LANDSCAPE NIC)OPTION I – CLUBHOUSE RENOVATION
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OPTION II - OPEN EVENT “BARN”oENTRY PLAZA/ROSE GARDENoLARGE OPEN AIR ‘BARN’ (60’x100’)oSTORAGEoKITCHENoRESTROOMoOUTDOOR FIREPLACEoFOOD TRUCK ACCESSoCONCRETE PATIOS oTURF AREAS oEAST PLAZAoGATHERINGS & EVENTSAMMENITIES

2.5Million(LANDSCAPE NIC)
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City Council
Staff Report

Subject:

Tanus Circle Emergency Repairs
Date:

February 14, 2023
Submitted By:

Justin Nartker, Director of Public Services
Rick Lawrence, Public Services Manager
Department:

Public Services
Recommendation:

Receive a Report Regarding Emergency Repairs at Tanus Circle in Accordance with Section 22050 of the California Public Contract Code.

Background:

During the recent storm event, an 8 inch perforated plastic storm drainpipe located on Tanus Circle, near Southside Ranch Road, was inundated with a large amount of water. A location map is included as Attachment 1.

The water saturated the surrounding soils causing road erosion/settling and created a void underneath the pavement that was approximately 4 foot by 5 foot in size. The void created an unsafe situation that required an emergency repair to prevent further damage to the city infrastructure and local utilities. This emergency situation would not permit a delay resulting from competitive solicitation for bids, and immediate action was 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, the City Manager, using her authority under Rocklin Municipal Code (RMC) section 3.04.90, determined pursuant to California Public Contract Code section 22050, that an emergency existed requiring the immediate expenditure of public money to safeguard life, health, property, or essential public services, and authorized the repairs to be made on an emergency basis, without competitive bidding.

The cost of the repair is estimated to be approximately $45,000-$50,000, which is within the City Manager’s signing authority. In compliance with state law and the RMC, 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.C

299
Fiscal Impact:

The cost of the repair is estimated to be between $45,000 and $50,000.

ATTACHMENTS:

1. Location Map
300

LOCATION MAP - TANUS CIRCLE EMERGENCY REPAIR
301

Rocklin City CouncilFebruary 14, 2023

Rocklin City Council
February 14, 2023