ROCKLIN CITY COUNCIL
City Council Regular Meeting
City Hall - Council Chambers
3970 Rocklin Rd. Rocklin, CA
95677
Website:
www.rocklin.ca.us
January 28, 2025
Closed Session 5:30 p.m.
General Session 6:00 p.m.
JILL GAYALDO,
Mayor
DAVID BASS,
Vice Mayor
KEN BROADWAY,
Council Member
BILL HALLDIN,
Council Member
GREG JANDA,
Council Member
ALY ZIMMERMANN,
City Manager
MATTHEW MCOMBER,
City Attorney
DANIEL CHOE,
City Treasurer
AVINTA SINGH,
City Clerk
HOW TO PARTICIPATE
The City of Rocklin welcomes your interest and involvement in the City's legislative process. The City Council has established a procedure for addressing the Council. Persons wishing to address the City Council are asked to voluntarily complete and submit a speaker identification sheet to the City Clerk.
Speaker identification sheets are available near the entrance of the Council Chambers. 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 three-minute time limit. The Brown Act does not permit the City Council to take action on items brought up under Citizens Addressing the City Council.
WRITINGS RECEIVED AFTER AGENDA POSTING
Any writing or documents related to an agenda item for this meeting provided to the City Council, Public Financing Authority or Successor Agency will be made available for public inspection at City Hall, 3970 Rocklin Road, Rocklin, during normal business hours.
AMERICANS WITH DISABILITIES ACT
In compliance with the Americans with Disabilities Act, if you require special assistance to participate in this meeting or other services in conjunction with this meeting, including receiving notices, agendas, and other writings in appropriate alternative formats, please contact our office at (916) 625- 5560 at least 48 hours prior to the meeting or time when services are needed so that we may make every reasonable effort to accommodate you.
LEVINE ACT PROVISIONS
The Levine Act requires a party (or the party’s agent(s)) to a proceeding before the City of Rocklin that
involves any action or consideration to their contract, license, permit, or other entitlement for use, to
disclose any campaign contribution made to a City elected or appointed officer (including Councilmembers, Planning Commissioners, and members of other City boards and commissions) totaling more than $500 within the 12 months before the City decision.
AUDIO/VISUAL PRESENTATIONS
If making a presentation regarding an agenda item, all audio/visual materials must be submitted to the City Clerk or Secretary at least 72 hours in advance. The City is not responsible for the compatibility or operation of non-city devices or the functionality of non-city presentations.
City Council Regular Meeting Agenda of January 28, 2025 1 CS1.
Pursuant to Government Code Section 54956.9(d)(2), Conference with Legal Counsel, Anticipated Litigation,
Significant Exposure to Litigation One Potential
Case. Facts and Circumstances: Written Statements, Dated On or About December 16, 2024 and January 16, 2025, Made By or On Behalf of Clover Valley Foundation Indicating an Intent to File Legal Action Against the City Concerning CEQA Environmental Review for Development of Clover Valley Area (Westridge Skyview Development Project).
CS2.
Pursuant to Government Code section 54957.6, Conference with Labor Negotiators, Agency Representatives: City Manager Aly Zimmermann and Director of Administrative Services Tameka Usher; Employee Organizations: Rocklin Firefighter's Union Local 3847, Rocklin Police Officers' Association, and Rocklin Public Safety Managers.
CS3.
Pursuant to Government Code Section 54957, Public Employee Performance Evaluation: City Attorney.
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
MEETING
INSTRUCTIONS
The public may listen to audio or view the meeting via live stream at https://www.rocklin.ca.us/agendas-minutes
.
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 until 3:00 p.m. on the meeting day. 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.
CALL TO ORDER
ROLL CALL
PUBLIC COMMENT ON CLOSED SESSION
CLOSED SESSION
REPORT OUT OF CLOSED SESSION
CALL GENERAL SESSION TO ORDER
City Council Regular Meeting Agenda of January 28, 2025 2 C1.
Minutes of the January 14, 2025 Regular Meeting of the City Council C2.
Appointments to Various Subcommittees, Committees, and Work Groups C3.
Amendments to the Rocklin Municipal Code BARRO Zone and Citywide Zoning Map (Second Reading of Ordinance)
C4.
Amendments to the Northwest Rocklin General Development Plan and Rezoning (Second Reading of Ordinance)
PLEDGE OF ALLEGIANCE
AGENDA REVIEW
CITIZENS ADDRESSING THE CITY COUNCIL
This is an opportunity for public comment on matters not listed on the agenda. Public comment on items listed on the agenda will be taken when the agenda item is called.
REPORTS FROM CITY COUNCIL AND CITY MANAGER
Reports from the City Council will include any AB1234 Reports.
CONSENT CALENDAR
All items listed under the Consent Calendar are considered and acted upon by one Motion. Anyone may request an item be removed for separate consideration.
Recommendation:
Approve the Minutes of the January, 2025 Regular Meeting of the City Council.
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Establishing Councilmember Appointments to Various Subcommittees, Committees, and Work Groups.
Recommendation:
Adopt an Ordinance of the City Council of the City of Rocklin Amending Sections of Chapter 17.59 – Business Attraction, Retention, and Revitalization Overlay (BARRO) Zone and Amending the Citywide Zoning Map to Add Approximately Five Acres Into the BARRO Zone (BARRO Zone Modifications / ZOA2024-0003).
Recommendation:
Adopt an Ordinance of the City Council of the City of Rocklin Amending the Northwest Rocklin General Plan and Rezoning 12.72 Acres from Planned Development Light Industrial and Open Space to Planned Development Residential 22 Units Per Acre Minimum (PD-22+).
City Council Regular Meeting Agenda of January 28, 2025 3 C5.
Rocklin Municipal Code Related to Procurement, Purchases, and Contracts (Second Reading of Ordinance)
C6.
Community Development Department Quarterly Report
P1.
Recognition of 2024 and 2025 Mayors
D1.
Donation Towards Placer Land Trust's Acquisition of Clover Valley - Agreement Deal Points
Recommendation:
Adopt an Ordinance of the City Council of the City of Rocklin Repealing and Re-Enacting Chapter 3.04 of the Rocklin Municipal Code Regarding Procurement, Purchases, and Contracts.
Recommendation:
Receive the Quarterly Building Report for the Quarter which ended December 31, 2024.
PRESENTATIONS
In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.
DISCUSSION ITEM
Recommendation:
Discuss and Determine Various Deal Points Associated with a Potential Donation by the City of Rocklin to the Placer Land Trust to Support Their Purchase of Approximately 402 acres in Clover Valley (Slopes and Valley), and Determine Whether to Direct Staff to Prepare a Use of Funds or Similar Agreement.
FUTURE AGENDA ITEMS
ADJOURNMENT
City Council Regular Meeting Agenda of January 28, 2025 4 City Council
Staff Report
Subject:
Minutes of the January 14, 2025 Regular Meeting of the City Council Date:
January 28, 2025
Submitted By:
Avinta Singh, City Clerk
Department:
City Clerk's Office
Recommendation:
Approve the Minutes of the January, 2025 Regular Meeting of the City Council.
Item Number C1.
ATTACHMENTS:
1. Draft City Council Meeting Minutes of January 14, 2025 5 DRAFT Meeting Minutes of January 14, 2025 Rocklin City Council 1 | P a g e
ROCKLIN CITY COUNCIL
City Council Regular Meeting
City Hall - Council Chambers
3970 Rocklin Rd. Rocklin, CA 95677
Website: www.rocklin.ca.us
January 14, 2025
General Session 6:00 p.m.
MEETING MINUTES
-DRAFT-
CALL TO ORDER
Mayor Gayaldo called the meeting to order at 6:00 p.m.
PLEDGE OF ALLEGIANCE
Mayor Gayaldo led the pledge of allegiance.
ROLL CALL
Present: Councilmembers David Bass, Ken Broadway, Bill Halldin, Greg Janda Mayor Jill Gayaldo
Absent: None
AGENDA REVIEW
Mayor Gayaldo requested that Item PH2 be heard before Item PH1.
CITIZENS ADDRESSING THE CITY COUNCIL
Ms. Kris Martin addressed the City Council on behalf of Placer Valley Stand Down sharing the different services offered to veterans and their families, and noted the following upcoming events: a dining fundraiser on February 1, 2025 at the Red Robin; Luau event on March 1, 2025; and the Stand Down event on May 5-6, 2025 to be held at @ The Grounds.
Ms. Michelle Vass addressed the City Council on behalf of the Community Recognition Commission sharing nominations were being received through February 9, 2025 for the Ruhkala Community Service Awards.
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REPORTS FROM CITY COUNCIL AND CITY MANAGER
Council Member Halldin reported attendance at the Western Placer Waste Management Authority meeting and shared renovations were underway at the Materials Recovery Facility; attended a menorah lighting ceremony on New Year’s Eve organized by Chabad of Placer County which included a fireworks display, along with Vice Mayor Bass.
Vice Mayor Bass reported attendance at a Local Agency Formation Commission (LAFCO) meeting, noting this included a fire review; shared another LAFCO meeting was to be held this week for Rocklin’s municipal service review (MSR), noting the City scored high for transparency and engagement in public safety and road maintenance, and added that the MSR recommends the City focus on the financial impacts of SB1383 organics recycling and the electrification of fleet vehicles.
Council Member Janda reported attendance at the Pioneer Community Energy meeting, sharing the 30-day notice received for changes to the bylaws and the rate savings he would be advocating for.
Mayor Gayaldo spoke about the ongoing fires in Los Angeles and hoped for the welfare of its residents; attended the Placer Mosquito and Vector Control District meeting noting a multi- year fleet replacement program was underway as well as a drone program to assist with mosquito eradication, shared that the March board meeting for the Sacramento Area Council of Governments (SACOG) will be hosted in Rocklin; attended the Breakfast with Santa event organized by Scout Troop 29; thanked the Rocklin Firefighters for escorting Santa through City streets during the Santa Tours; and thanked the residents of Pebble Creek Drive for Christmas lights displays during the holidays.
City Manager Zimmermann shared that at an upcoming SACOG meeting, Mayor Gayaldo would likely be selected Vice Chair for the 2025 year; noted that nominations for the Ruhkala Community Service Awards could be submitted through the City’s website; shared that the City was accepting applications for unscheduled vacancies on the Board of Appeals and Investment Advisory Committee; indicated City facilities will be closed on January 20, 2025 in observance of Martin Luther King Jr. Day, and welcomed new Assistant City Manager Andrew Keys to the City team.
Assistant City Manager Keys expressed his excitement in joining the City and looked forward to supporting residents and the business community.
CONSENT CALENDAR
C1. Minutes of the December 4, 2024 Special Meeting of the City Council Action: Approved the Minutes of the December 4, 2024 Special Meeting of the City Council.
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C2. Minutes of the December 10, 2024 Regular Meeting of the City Council Action: Approved the Minutes of the December 10, 2024 Regular Meeting of the City Council.
C3. Appointments to Regional Boards and Committees for Calendar Year 2025 Action: Adopted Resolution No. 2025-001 of the City Council of the City of Rocklin Updating Appointments to the Various Joint Power Agencies, Placer County Committees, Regional Boards, and the City's Architectural ReviewCommittee.
C4. Appointment to the Arts Commission
Action: Adopted Resolution No. 2025-002 of the City Council of the City of Rocklin Making an Appointment to the Arts Commission.
C5. Amendments to the Rocklin Municipal Code Establishing a Residential Minimum Density Overlay Zone and Amending the Zoning Map - Second Reading of Ordinance Action: Adopted Ordinance No. 1183 of the City Council of the City of Rocklin to Add Chapter 17.53 to the Rocklin Municipal Code Establishing the Residential Minimum Density Overlay Zone and Amending the Zoning Map of the Rocklin Municipal Code to Designate Parcels Subject to the Residential Minimum Density Overlay Zone.
C6. Sierra College Land Transfer Agreement - Amendment No. 1 Action: Adopted Resolution No. 2025-003 of the City Council of the City of Rocklin Authorizing the City Manager to Execute Amendment No. 1 to the City-College Agreement with Sierra College Joint Community College District for the Transfer of Fee Title for Two Properties.
C7. Revisions to the City of Rocklin’s Section 125 Cafeteria Plan Action: Adopted Resolution No. 2025-004 of the City Council of the City of Rocklin Adopting an Amended and Restated Section 125 Cafeteria Plan for the City of Rocklin, and Authorizing the City Manager to Execute Documents Related to the Section 125 Cafeteria Plan and Repeal Resolution No. 2024-134.
C8. Municipal Tax Services and Program Administration Contract Action:
A. Adopted Resolution No. 2025-005 of the City Council of the City of Rocklin Awarding the Property Tax Service Contract to HdL Coren & Cone and Authorizing the City Manager to Execute the Contract.
B. Adopted Resolution No. 2025-006 of the City Council of the City Rocklin Awarding the Sales and Use Tax, Transient Occupancy Tax, Short-Term Rental, and Business License Tax and Administration Services Contract to HdL Companies and Authorizing the City Manager to Execute the Contract.
C9. Information Technology Infrastructure Services Contract Action: Adopted Resolution No. 2025-007 of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Execute a Contract for Services with Network Design Associates, Inc.
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C10. Transparency Engagement Advisory Services Contract Action: Adopted Resolution No. 2025-008 of the City Council of the City of Rocklin Approving a Contract for Professional Services with Cole Pro Media, Corp for Transparency Engagement Advising, and Authorizing the City Manager to Execute the Agreement and Subsequent Amendments.
C11. Lighting & Landscape Maintenance District No. 2 - Landscape Services Bid Award Action: Adopted Resolution No. 2025-009 of the City Council of the City of Rocklin Awarding the Contract for 2025 L&L2 Landscape Services on City-Owned Pocket Parks, Streets, and Right-of-Ways to Pride Industries One, Inc. and Authorizing the City Manager to Execute an Agreement.
C12. Plants, Trees, and Bark Services – Bid Award
Action: Adopted Resolution No. 2025-010 of the City Council of the City of Rocklin Awarding the Contract for the Plants, Trees, and Bark Services Project to Pride Industries One, Inc. and Authorizing the City Manager to Execute an Agreement.
C13. 2024 Micro-Pave Resurfacing Project - Notice of Completion Action: Adopted Resolution No. 2025-011 of the City Council of the City of Rocklin Accepting the Public Work Known as the 2024 Micro-Pave Resurfacing Project, Approving the Notice of Completion Thereof, and Authorizing and Directing the Execution and Recordation of Said Notice on Behalf of the City (American Pavement Systems, Inc.).
C14. Vollmar Natural Lands Consulting, Inc. Contract - Amendment No. 3 Action: Adopted Resolution No. 2025-012 of the City Council of the City of Rocklin Approving Amendment No. 3 to the Contract for Services with Vollmar Natural Lands Consulting, Inc. and Authorizing the City Manager to Execute Amendment No. 3.
C15. Five Star Boulevard, Destiny Drive, and Mission Hills Phase IV Reconstruction Project - Change Order No. 3 and Notice of Completion
Action:
A. Adopted Resolution No. 2025-013 of the City Council of the City of Rocklin Approving Change Order No. 3 and Authorizing the City Manager to Execute Change Order No. 3 with McGuire and Hester, Inc.
B. Adopted Resolution No. 2025-014 of the City Council of the City of Rocklin Accepting the Public Work Known as the Five Star Boulevard, Destiny Drive, and Mission Hills Phase IV Reconstruction Project, Approving the Notice of Completion Thereof, and Authorizing and Directing the Execution and Recordation of Said Notice on Behalf of the City (McGuire and Hester, Inc).
PUBLIC COMMENT
There were none.
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Motion to approve Consent Calendar Item Nos. C1 through C11 and Item Nos. C13 too C15 by Council Member Broadway and seconded by Council Member Halldin.
Passed by the following vote:
Ayes: Councilmembers Bass, Broadway, Janda, Halldin
Mayor Gayaldo
Noes: None
Absent: None
Abstain: None
Motion to approve Consent Calendar Item No. C12 by Council Member Broadway and seconded by Council Member Halldin. Passed by the following vote:
Ayes: Councilmembers Bass, Broadway, Halldin
Mayor Gayaldo
Noes: None
Absent: None
Abstain: Council Member Janda
PRESENTATIONS
P1. Oath of Office for Incoming Arts Commissioner
City Clerk Avinta Singh administered the Oath of Office to Arts Commissioner Pranil Shankar.
PUBLIC HEARINGS
Mayor Gayaldo requested that Item PH2 be heard before Item PH1.
PH1. BARRO Zone Modifications / Zoning Ordinance Amendment, ZOA2024-0003 Action: Conducted a Public Hearing and Considered the Following Action:
Introduced, Waived the Full Reading and Read by Title Only, an Ordinance of the City Council of the City of Rocklin Amending Sections of Chapter 17.59 – Business Attraction, Retention, and Revitalization Overlay (BARRO) Zone and Amending the Citywide Zoning Map to Add Approximately Five Acres Into the BARRO Zone (BARRO Zone Modifications / ZOA2024-0003)
Mayor Gayaldo opened the public hearing for Item PH1.
Senior Planner Nathan Anderson presented the item to the City Council.
Council Member Janda asked what the appeal process entailed. 10 DRAFT Meeting Minutes of January 14, 2025 Rocklin City Council 6 | P a g e
Senior Planner Nathan Anderson responded that if a project is denied by the Community Development Director, then an applicant could pay associated fees and appeal the project to the Planning Commission to review the determination. He noted that this had not yet happened in the BARRO Zone as staff was able to work with applicants through the process.
PUBLIC COMMENT
Mr. Benjamin Bjorkman addressed the City Council stating that the BARRO Zone would provide the perfect medium to support businesses remaining open later; however, as a proponent of Rocklin history, he requested that zones be placed elsewhere.
Mayor Gayaldo closed the public hearing for Item PH1.
Motion to approve Public Hearing Item No. PH1 by Council Member Broadway, seconded by Councilmember Janda. Passed by the following vote:
Ayes: Councilmembers Bass, Broadway, Halldin, Janda
Mayor Gayaldo
Noes: None
Absent: None
Abstain: None
PH2. University Avenue Apartments / General Plan Amendment, GPA2023-0001, General Development Plan Amendment, PDG2023-0004, Rezone, Z2023-0003, Design Review, DR2023-0006, Environmental, ENV2024-0015
Action: Conducted a Public Hearing and Considered the Following Actions:
A. Adopted Resolution No. 2025-015 of the City Council of the City of Rocklin Approving an Addendum to the Northwest Rocklin (Sunset Ranchos) Annexation Environmental Impact Report (University Avenue Apartments / ENV2024- 0015).
B. Adopted Resolution No. 2025-016 of the City Council of the City of Rocklin Approving an Amendment to the General Plan of the City of Rocklin to Change the Land Use Designation of Approximately 0.41 Acre of a 12.72 Acre Site from Recreation Conservation (R-C) to Mixed Use (MU) (University Avenue Apartments / GPA2023-0001).
C. Introduced, Waived the Full Reading and Read by Title Only, an Ordinance of the City Council of the City of Rocklin Amending the Northwest Rocklin General Development Plan and Rezoning 12.72 Acres from Planned Development Light Industrial and Open Space to Planned Development Residential 22 Units Per Acre Minimum (PD-22+) (University Avenue Apartments / PDG2023-0004, Z2023-0003).
D. Adopted Resolution No. 2025-017 of the City Council of the City of Rocklin Approving a Design Review (University Avenue Apartments / DR2023-0006). 11 DRAFT Meeting Minutes of January 14, 2025 Rocklin City Council 7 | P a g e
Mayor Gayaldo opened the public hearing for Item PH2.
Senior Planner Nathan Anderson presented the item to the City Council.
Ms. Kris Steward spoke on behalf of USA Properties, sharing that a letter had been submitted expressing an intent to expand the affordability of the project to 100% due to a financing strategy for entitled properties, which will improve USA Properties competitiveness to secure tax-exempt bonds and low-income housing tax credits.
Vice Mayor Bass asked how it was possible for the proposed project to achieve 100% affordability. Mr. Milo Terzich, Vice President of USA Properties responded that with changes to the Tax Credit Allocation Committee’s regulations, scoring and tie-breaker rules, have made it seemingly feasible for the concept at the proposed site.
Council Member Broadway was concerned that there was no guarantee for the affordability component of the project, noting the parcel was originally zoned for commercial, and the path located on the westerly part of the project would be sealed and no longer available for public use. Council Member Broadway stated that areas located with closer access to the highway have generally been designed for job and tax generation, and if commercial and light industrial developments are eliminated, this may negatively impact the City. He emphasized that the only way the project pencils out as a benefit for the community is if there is 100% affordability.
Mr. Terzich responded that USA Properties does not purchase land unless it is to be developed, noting the financing path for an affordable housing project was the most viable; and stated the current path included an easement for sewer access and due to there being no controls, it had been used as a trail.
Senior Planner Anderson noted for Council Member Broadway that when the Northwest Rocklin Annexation area was originally reviewed, it was conceptionally determined and zoned as an open space. Per a biological resources assessment, it was determined there were no sensitive resources on the site, resulting in the removal of 0.41 acres from the Recreation Conservation land use designation.
Community Development Director David Mohlenbrok confirmed that as development applications are received, biological resources assessments are conducted to evaluate Recreation Conservation. With the present case, the resources to maintain the land use designation do not exist for portions of the proposed site.
Council Member Janda expressed concerns about sound and visual screening given the proximity of the project to the highway, asked about roadway improvements in the event the proposed project advances forward but the Estia project does not, if any conditions could be included to encourage 100% affordability, and whether changing the affordability type from very low-income to low-income households would improve the financial feasibility of the project.
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Senior Planner Anderson responded that a sound wall was not required due to setbacks of 160-feet; the project would include double paned windows for buildings most adjacent to the highway; open view fencing was already located near the South Placer Municipal Utility District (SPMUD) trail; and there would be a row of deodar cedar trees for screening. He added that if the University Square and Estia projects do not advance, then University Avenue would widen to two lanes near the development site to permit turning into the project and reduce back to one-lane beyond the project. He stated that the only condition with regards to affordability is that a minimum of 17 units shall be for very low-income households, while there was an option to increase the number.
Mr. Terzich responded that the number was specifically designed to fit the Density Bonus Law and may not be feasible to modify with the proposed entitlement.
Senior Planner Anderson indicated for Mayor Gayaldo that the proposed project was not a RHNA site and that since the trail was a sewer easement, the City would have to work with SPMUD.
City Manager Zimmermann stated that if the City was to maintain the trail as public property, then it would have to take on the maintenance of this, adding that none of the existing SPMUD easements were officially open as City trails, but due to the way access was allowed, residents used these as trails.
Mr. Terzich responded Council Member Halldin’s questions that there would not be a wall, adding that USA Properties would install a gate, replace the posting cable fencing with steel tube fencing and the SPMUD easement would be located inside of their fenced property granting access to its residents.
PUBLIC COMMENT
There were none.
Council Member Halldin stated that the project will have a net positive impact if built as a fully affordable complex, and will provide a lot of housing opportunities for working families in town.
Vice Mayor Bass expressed that consideration of the project was difficult given the commercial generating aspect of the site and removal of 0.41-acre of the Recreation Conservation; however due to the precarious situation with 3,250 units being required to be designated in Rocklin the goal was to meet this. He emphasized that USA Properties was one of the most successful at delivering affordable housing in the region, highlighted the need for workforce housing and hoped for a solution to continue the trail.
Council Member Broadway expressed concern about taking away job creating and sales tax generating opportunities; however, the project would allow members of the 13 DRAFT Meeting Minutes of January 14, 2025 Rocklin City Council 9 | P a g e
community to be able to afford to live in Rocklin. He requested that staff look into following: preserving continued use of the trail, and what was being done with the Estia project and the commercial development along the frontage. Given the commitment by USA Properties to affordability, he was supportive of the project.
Council Member Janda appreciated the involvement of USA Properties, their track record and community connections, and believed they could deliver. While he would rather see commercial and tax generation, it was within the property owner’s rights to develop residential and expressed his support of the project.
Mayor Gayaldo underscored the need to protect commercial property as the City had to generate its own funding and this was accomplished via sales tax. She expressed her support of the project as it would result in workforce housing and stressed the importance of the City being able to control its own zoning. She spoke favorably of the recent development done in Roseville by the applicant, and was comfortable supporting the project.
Mayor Gayaldo closed the public hearing for Item PH2.
Motion to approve Public Hearing Item No. PH2.A by Council Member Broadway, seconded by Vice Mayor Bass. Passed by the following vote:
Ayes: Councilmembers Bass, Broadway, Halldin, Janda
Mayor Gayaldo
Noes: None
Absent: None
Abstain: None
Motion to approve Public Hearing Item No. PH2.B by Council Member Broadway, seconded by Vice Mayor Bass. Passed by the following vote:
Ayes: Councilmembers Bass, Broadway, Halldin, Janda
Mayor Gayaldo
Noes: None
Absent: None
Abstain: None
Motion to approve Public Hearing Item No. PH2.C by Council Member Broadway, seconded by Vice Mayor Bass. Passed by the following vote:
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Ayes: Councilmembers Bass, Broadway, Halldin, Janda
Mayor Gayaldo
Noes: None
Absent: None
Abstain: None
Motion to approve Public Hearing Item No. PH2.D by Council Member Broadway, seconded by Vice Mayor Bass. Passed by the following vote:
Ayes: Councilmembers Bass, Broadway, Halldin, Janda
Mayor Gayaldo
Noes: None
Absent: None
Abstain: None
DISCUSSION ITEMS
D1. Rocklin Municipal Code Updates Related to Procurement, Purchases, and Contracts Action: Conducted a Discussion and Considered the Following Action:
A. Introduced, Waived the Full Reading and Read by Title Only, an Ordinance of the City Council of the City of Rocklin Repealing and Re-Enacting Chapter 3.04 of the Rocklin Municipal Code Regarding Procurement, Purchases, and Contracts.
B. Adopted Resolution No. 2025-018 of the City Council of the City of Rocklin Electing to Become Subject to the Uniform Public Construction Cost Accounting Act.
Deputy Director of Administrative Services Daniel Choe presented the item to the City Council.
Mayor Gayaldo asked if the proposed would impact piggyback contracts for items such as vehicle purchases for fleet. Deputy Director Choe responded that the current provision in the ordinance would retain this option so that the City could either piggyback or utilize the cooperative purchase arrangement available through the competitive bidding process that has already been completed.
PUBLIC COMMENT
There were none.
City Attorney McOmber appreciated the collaboration with City staff over the last several months in updating the Procurement Code.
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Motion to approve Discussion Item No. D1.A by Council Member Broadway, seconded by Council Member Janda. Passed by the following vote:
Ayes: Councilmembers Bass, Broadway, Halldin, Janda
Mayor Gayaldo
Noes: None
Absent: None
Abstain: None
Motion to approve Discussion Item No. D1.B by Council Member Broadway, seconded by Council Member Janda. Passed by the following vote:
Ayes: Councilmembers Bass, Broadway, Halldin, Janda
Mayor Gayaldo
Noes: None
Absent: None
Abstain: None
The City Council took a recess at 7:40 p.m.
The City Council returned from its recess at 7:50 p.m.
D2. Clover Valley Land Acquisition Support
Action: Discussed the Consideration of a Donation by the City of Rocklin to the Placer Land Trust to Support Their Purchase of Clover Valley, and Provide Direction to Staff.
Mayor Gayaldo indicated that a community meeting was held on December 4, 2024, and several questions had since emerged, she had requested the addition of the proposed item so that the City Council could have an open discussion to receive an update and consider the possibility of the City providing financial support. She provided some background on the project noting how the Clover Valley property had been annexed into the City of Rocklin as residential property; shared details of the original application and amendments to the project along the way; mentioned that an EIR had been prepared and a Development Agreement approved; a legal challenge was filed regarding the EIR prepared for the project which concluded with the appellate court reaffirming that the EIR was legally compliant. The development agreement would expire December 30, 2025 and upon expiration, the land use and zoning for Clover Valley will remain in place.
Mayor Gayaldo stated that the City Council had been made aware of efforts to purchase the property for conservation of the slopes and valley floor and requested additional information; hoped to determine through the discussion if there is support to use Oak Tree Mitigation funds and potential end-of-year budget fund balance of $2 million for conservation efforts, if public access rights can be secured as a benefit to 16 DRAFT Meeting Minutes of January 14, 2025 Rocklin City Council 12 | P a g e
the citizens of Rocklin; if the slopes and valley floor are protected, then what implications does this have with satisfying State requirements if the development agreement expires; and underscored that Clover Valley was a beautiful and unique area, and if there was an opportunity to protect the slopes and the valley floor, she would endorse this.
Council Member Halldin was glad for the discussion being had; was thankful for the contributions made thus far noting the goal had been halfway met; stated it was time for the City to consider if it wants to play a part in the shortfall; stressed that public access to Rocklin residents should be the City Council’s goal if funds are allocated; shared the City Council had authorized $6 million to purchase the Sunset Whitney Recreation Area (SWRA) which had been a great community asset; stated there may be educational benefits for the K-12 grade levels and Sierra College students through the use of Clover Valley; and mentioned traffic congestion in the Whitney, Midas, Argonaut which would grow if more homes are added to the area.
Vice Mayor Bass thanked attendees, including those who attended the previous community meeting, the number of individuals who sent emails for the preservation of Clover Valley demonstrating the amount of care that people have for the land. He shared that the City Council also wants to preserve the land but there was a juxtaposition with housing and meeting the State’s requirements; he saw the present situation with Clover Valley as being similar to the SWRA purchase; supported the preservation of Clover Valley and urged the exploring of another location in the City for the 200 homes to be constructed.
Council Member Broadway stated that while he was interested in preserving open space and Clover Valley, he encouraged all to be cognizant of the financial impacts; reminded the fire risk posed by open space and who would be responsible for its maintenance; was concerned that if State requirements are not met, all development could be halted in the City; noted that the Strategic Plan document outlined the key priorities to be achieved and areas to allocate funds, asking if funds are committed to Clover Valley, which priorities will be given up; and stated that with SWRA, the space was used on a regular basis by residents for recreational activities.
Council Member Janda appreciated the views of members of the public, and shared that he had fundamental issues with allocating General Fund dollars for uses outside of the City’s core services.
Mayor Gayaldo shared that Oak Tree Mitigation funds were previously used to purchase 184 acres for the SWRA and the proposed was different as it would have limited use. She recommended a $2 million contribution upon reviewing end-of-year budget savings and indicated that the use of these funds would be for a one-time use.
She emphasized that by Rocklin contributing, this may encourage contributions from other groups.
17 DRAFT Meeting Minutes of January 14, 2025 Rocklin City Council 13 | P a g e
PUBLIC COMMENT
Mr. Jeff Darlington, Executive Director with Placer Land Trust, stated that his company was a private non-profit that worked with willing landowners and conservation partners to permanently protect and care for natural and agricultural lands in the County; with the support of Placer Land Trust, Jessup University was attempting to finalize a purchase of 402 acres in the heart of Clover Valley. Their goal and requirement of funding is for Jessup to take title of the property and concurrently a perpetual conservation easement will be recorded on the title. The conservation easement will allow limited public access for recreation, education and research. The County of Placer had invested $1 million, the City of Lincoln had invested $1 million, local individuals, families and private foundations had contributed over $4 million, and urged the City to consider a $4 million donation.
Dr. John Jackson, President of Jessup University, stated that the University entered as an intermediary to work with the landowner; the landowner gave an appraised value of a $6 million contribution allowing the University to purchase it for $10 million; $2.25 million in contributions had been received from County of Placer, City of Lincoln and Emigrant Trails foundation; with interest accrued, there remained a $4.3 million gap.
He urged the City of Rocklin to step in to preserve the property as this was a rare and unique community asset.
The following speakers addressed the City Council urging the City of Rocklin to donate to the Placer Land Trust in order to conserve a portion of Clover Valley.
Ms. Marilyn Jasper
Ms. Elena Flacks
Mr. Doug Brewer
Ms. Jennifer Collins
Mr. Darwin Dailey
Mr. Sean Booth
Mr. Thomas Sevey
Mr. Nathan Cullen
Mr. Chris Reynolds
Mr. Zachary Emerson
Ms. Sadie Hampshire
Mr. Justin Prout
Mr. Michael Stark
Mr. Sean O’Brien
Mr. Andrew Manning
Mr. James Merkel
Mr. Jerry Mitchell
Mr. Neil Bullock
Mr. Marcus Hampshire
Ms. Jade Wolansky
Mr. Jessie Dickson
18 DRAFT Meeting Minutes of January 14, 2025 Rocklin City Council 14 | P a g e
Council Member Janda underscored that the City Council was entrusted by residents to be a good steward of public funds. He stated that a number of years had passed since the property owner first applied to develop the site and eleven months remained until the development agreement would expire. He stated that the City’s Strategic Plan, Operating Budget, and Capital Improvement Plan (CIP) were documents generated through public processes, and these serve as the roadmap to set priorities for the City. While he was agreeable to donating Oak Tree Mitigation funds towards the conservation effort, he did not support contributing use of General Fund dollars; he added that budget surplus funds could be dedicated towards unfunded CIP projects which were on the roadmap. He was unable to justify taking funds away from essential City services and contributing this towards something which was not a core function of the City.
Dr. Jackson shared that a Notice of Default had been filed which meant there were approximately 90 days to cure the default.
Council Member Broadway stated that surplus funds are typically used to pay off debt or fund future obligations; stressed the land in question was private property and the owner had certain rights; reiterated that he was supportive of taking steps to preserve open space, which is why he fought hard to preserve the SWRA which was being focused on for development. Council Member Broadway stated that given the limited budget in Rocklin, surplus funds should be focused on filling funding gaps; cautioned that when funds are spent on a conservation donation, there is a risk of diverting from critical needs in the community; noted that private organizations and non-profits are best positioned to focus on land conservation and not a municipality; the City Council was accountable for use of taxpayer dollars that provide clear and measurable benefits to the public; noted the City could continue promoting conservation through its policies, partnerships and incentives. While he supported and encouraged land conservation, he struggled with committing additional funds beyond the Oak Tree Mitigation funds.
Vice Mayor Bass agreed that while there were many competing interests, he compared these to what future generations would be left with; indicated there was a finite amount of time to consider making a donation and this action could encourage others to raise funds; and spoke about preservation of the land being done by an entity that would both conserve and maintain it.
Council Member Halldin credited the Placer Land Trust for its tireless efforts in soliciting funds from donors; agreed that it was not in the City’s Strategic Plan to donate funds to preserve Clover Valley, but there was a unique opportunity presented to the City to be a participant in the effort. Council Member Halldin stated he felt that if the City committed to a significant contribution, it may open up other funding sources; and this could be a benefit developed over time as trails and access go in. He requested that staff look into last year’s surplus of $2 million and also consider committing the Oak Tree Mitigation funds.
19 DRAFT Meeting Minutes of January 14, 2025 Rocklin City Council 15 | P a g e
Mayor Gayaldo stated that she had been trying to secure donors; shared stories of her personal connection to Clover Valley, noting it was both unique and beautiful; spoke of Rocklin’s commitment to parks and open spaces, underscored that SWRA was recreation zoned property that took the City five years to pay for the purchase, and that opportunity did not exist with Clover Valley. Mayor Gayaldo stated she felt the contribution amount was reasonable and that Rocklin would benefit more than other neighboring cities.
City Manager Zimmermann addressed the following questions that had come up from the audience: the City was unable to provide appraisal information for Clover Valley if the property changed use and encouraged connecting with the seller/purchaser; noted the City would explore being a donor and would not create a project for this, noting Jessup University’s website had significant information including acquisition and donation information with additional information available through the Placer Land Trust’s website; the City’s fiscal impact analysis showed it cost the City more to provide services to residential properties than to commercial or industrial; noted that Clover Valley’s private ownership resulted in property tax generation and if the property is owned by a non-profit there would be a funding loss; gas tax funds were being used to fund the pedestrian crossing at Blue Oaks; and shared that the General Fund had the smallest funding sources.
City Manager Zimmermann addressed the following questions that had come up from the City Council: there has been no specific request to the City for allocation of a specific dollar amount; the Oak Tree Mitigation fund had a balance of $317,000 and there was no regular stream of revenue coming into this fund; the cost for basic fire mitigation in Clover Valley was $30,000 per year, and this obligation would remain with the property owner for ongoing maintenance; one-time or value adds are planned for using year-end fund balance; and stated the City needed to exercise caution in how it makes a donation to avoid triggering prevailing wage.
Council Member Halldin requested that staff look into a conditioned conservation easement on the property. City Manager Zimmermann deferred this to the Placer Land Trust. Mr. Darlington stated that a Use of Funds Agreement and a template Conservation Agreement could be shared with staff. Mayor Gayaldo agreed this would be helpful.
By consensus, the City Council requested that staff prepare information that would provide the framework for a potential donation from the City to or for the Placer Land Trust, in support of Placer Land Trust’s acquisition of the Clover Valley slopes and valley floors.
FUTURE AGENDA ITEMS
There were none.
20 DRAFT Meeting Minutes of January 14, 2025 Rocklin City Council 16 | P a g e
ADJOURNMENT
Mayor Gayaldo adjourned the meeting at 10:04 p.m.
This is to certify that the foregoing is a true and
correct copy of the minutes of January 14, 2025 as
approved by the Rocklin City Council.
Avinta Singh, City Clerk
21 City Council
Staff Report
Subject:
Appointments to Various Subcommittees, Committees, and Work Groups
Date:
January 28, 2025
Submitted By:
Avinta Singh, City Clerk
Department:
City Attorney's Office
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Establishing Councilmember Appointments to Various Subcommittees, Committees, and Work Groups.
Item Number C2.
ATTACHMENTS:
1. Resolution
22 Resolution No. 2025- January 28, 2025 Page 1 of 1
1 RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
ESTABLISHING COUNCILMEMBER APPOINTMENTS TO VARIOUS
SUBCOMMITTEES, COMMITTEES, AND WORK GROUPS
The City Council of the City of Rocklin does resolve as follows:
Section 1. The Mayor of the City of Rocklin, with the general support of the City Council of the City of Rocklin, does hereby appoint the individuals named in Exhibit A attached hereto and incorporated herein by this reference, to various subcommittees, committees, and work groups thereby repealing the provisions of any resolutions in conflict herewith.
PASSED AND ADOPTED this 28th day of January, 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
____________________________________
Jill Gayaldo, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
23 EXHIBIT A
SECTION 1:
APPOINTMENTS TO SUBCOMMITTEES, COMMITTEES, AND WORK GROUPS
NAME APPOINTEES
Economic Development – Business Retention & Expansion
(BRE) Program Task Force
Halldin
Broadway
Energy Alternatives Halldin
Bass
Lincoln/Roseville/Rocklin Mayor
Vice Mayor
Placer County Homelessness Advisory Committee Halldin
Gayaldo
Rocklin/County Standing 2x2 Mayor
Vice Mayor
Rocklin/County West Oaks Impact Work Group Gayaldo
Janda
Rocklin Unified School District Gayaldo
Bass
Sierra College Halldin
Broadway
South Placer Municipal Utility District (SPMUD) Halldin Broadway
Town of Loomis/Rocklin Gayaldo Bass
24 City Council
Staff Report
Subject:
Amendments to the Rocklin Municipal Code BARRO Zone and Citywide Zoning Map (Second Reading of Ordinance)
Date:
January 28, 2025
Submitted By:
Avinta Singh, City Clerk
Department:
City Clerk's Office
Recommendation:
Adopt an Ordinance of the City Council of the City of Rocklin Amending Sections of Chapter
17.59 – Business Attraction, Retention, and Revitalization Overlay (BARRO) Zone and Amending the Citywide Zoning Map to Add Approximately Five Acres Into the BARRO Zone (BARRO Zone Modifications / ZOA2024-0003).
Background:
On January 14, 2025, the City Council introduced, read by title only and waived the full reading of the following:
"Ordinance of the City Council of the City of Rocklin Amending Sections of Chapter 17.59 – Business Attraction, Retention, and Revitalization Overlay (BARRO) Zone and Amending the Citywide Zoning Map to Add Approximately Five Acres Into the BARRO Zone."
The background materials for this item are contained in the January 14, 2025 City Council
Meeting Staff Report
, located on the City's website.
Item Number C3.
ATTACHMENTS:
1. Ordinance
25
Ordinance No. XXXX
ORDINANCE NO. XXXX
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
AMENDING SECTIONS OF CHAPTER 17.59 – BUSINESS ATTRACTION,
RETENTION, AND REVITALIZATION OVERLAY (BARRO) ZONE AND
AMENDING THE CITYWIDE ZONING MAP TO ADD APPROXIMATELY
FIVE ACRES INTO THE BARRO ZONE
The City Council of the City of Rocklin does ordain as follows:
Section 1. Purpose. The purpose of this ordinance is to amend specific sections of the Rocklin Municipal Code (RMC) and Citywide Zoning Map as follows:
A. To modify Section 17.59.080 – Permitted Uses to allow for approval of additional uses within the Business Attraction, Retention, and Revitalization Overlay (BARRO) Zone, subject to review and approval of a Conditional Use Permit (CUP). Such uses include the following:
a. Breweries, distilleries, and wineries;
b. Live music;
c. Event centers;
d. Artisan food and beverage production/tasting rooms;
e. Art galleries and creative studios (ceramics/pottery, paint & sip businesses, etc.) open to the public; and
f. Other similar uses, as determined by the Community Development Director, that enhance street life and promote business activity B. To modify Section 17.59.050 – Authority for Approvals; Determination; Fees to authorize the Community Development Director (Director) to elevate any project within the BARRO Zone to the Planning Commission for review and approval and to make other modifications to this section to ensure compliance with State law.
C. To modify Section 17.59.050 – Authority for Approvals; Determination; Fees to require the Community Development Director to hold a public hearing for projects within the BARRO Zone which include an application for a conditional use permit, consistent with State law.
D. To modify Section 17.59.070(B) – Limitations on Approval Authority to increase the maximum acreage of projects subject to the BARRO Zone development standards, from three (3) to five (5) acres, to align with Section 15332 (In-Fill Development Projects) of the California Environmental Quality Act (CEQA) Guidelines.
E. To modify the Citywide Zoning Map boundaries of the BARRO Zone to add approximately five (5) acres of vacant property located northwest of the Quarry 26
Ordinance No. XXXX
Adventure Park, consisting of Assessor Parcel Numbers (APNs) 010-170-026 and 010-170-001, as well as portions of APNs 010-170-028 and 010-230-015.
Section 2. Authority. The City Council enacts this ordinance under the authority granted to cities by Article XI, Section 7 of the California Constitution and Government Code section 37100.
Section 3. Amendment to Code . The City Council hereby approves the amendments to Rocklin Municipal Code Chapter 17.59 “Business Attraction, Retention, and Revitalization Overlay Zone” as set forth in Exhibit A, attached hereto and incorporated herein by this reference and the amendment to the Citywide Zoning Map as set forth in Exhibit B attached hereto and incorporated herein by this reference.
Section 4. Environmental. The proposed amendments to the Rocklin Municipal Code and to the Citywide Zoning Map will not result in a direct or reasonably foreseeable indirect physical change to the environment under CEQA, and are therefore exempt under sections 15060(c)(2) and 15061(b)(3) of the State CEQA Guidelines.
Section 5. Severability.If any section, sub-section, 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 the Ordinance. City Council hereby declares that it would have adopted the Ordinance and each section, sub-section, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
Section 6. Effective Date. Within 15 days of the passage of this ordinance, the City Clerk shall cause the full text of the ordinance, with the names of those City Council members voting for and against the ordinance, to be published in the Placer Herald. In lieu of publishing the full text of the ordinance, the City Clerk, if so directed by the City Attorney and within 15 days, shall cause a summary of the ordinance, prepared by the City Attorney and with the names of the City Council members voting for and against the ordinance, to be published in the Placer Herald, and shall post in the office of the City Clerk a certified copy of the full text of the ordinance, along with the names of those City Council members voting for and against the ordinance. The publication of a summary of the ordinance in lieu of the full text of the ordinance is authorized only where the requirements of Government Code section 36933(c)(1) are met.
27
Ordinance No. XXXX
INTRODUCED at a regular meeting of the City Council of the City of Rocklin held on January 14, 2025, by the following vote:
AYES: Councilmembers: Bass, Broadway, Gayaldo, Halldin, Janda NOES: None
ABSENT: None
ABSTAIN: None
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Rocklin held on January 28, 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
____________________________________
Jill Gayaldo, Mayor
ATTEST:
___________________________
Avinta Singh, City Clerk
First Reading: 01/14/2025
Second Reading: 01/28/2025
Effective Date:
28
To Ordinance No. XXXX
EXHIBIT A
Chapter 17.59 is hereby amended as follows. Amendments to this chapter appear in strike/add format and are highlighted.
Chapter 17.59 BUSINESS ATTRACTION, RETENTION, AND REVITALIZATION
OVERLAY ZONE
17.59.010 Business Attraction, Retention, and Revitalization Overlay zone.
This chapter establishes the Business Attraction, Retention, and Revitalization Overlay zone (the "BARRO zone"). The creation of this overlay zone provides a mechanism for a person to propose a commercial, residential or residential— nonresidential—mixed-use development that is beneficial to the community and implements the city's general plan policy of flexibility and innovation in development and planning techniques. Development of property within the overlay zone is subject to the regulations of Title 17 as modified by this chapter. The properties included within the Business Attraction, Retention, and Revitalization Overlay zone shall be indicated on the official zoning maps of the city by distinct shading over the affected properties. (Ord. No. 986, § 2(Exh. B), 8-14-2012)
17.59.020 Findings.
In approving this chapter, the city council of the city of Rocklin finds and determines that:
A. The continued vitality of older commercial areas is essential to the economic well-being of the city and to the needs of citizens.
B. Fees, project entitlement processes, and development standards created primarily for the development of raw land have the unintended consequence of discouraging the improvement and renovation of older developments; especially those that consist of a single building, a small commercial cluster, and/or undersized and underutilized lots.
C. Many of the properties located within the Business Attraction, Retention, and Revitalization Overlay zone are characterized by structures that are sixty to one hundred plus years old, small lots, and/or outdated development patterns.
As a result, the strict application of the development standards found in this title effectively act to discourage the use, redevelopment, and enhancement of individual properties and clusters of properties within the BARRO zone area.
D. Providing a process for revitalization of older commercial areas focused on flexible development standards, streamlined approval processes, and reduced application fees, will benefit the city by improving their appearance and economic vitality, providing opportunities for pedestrian friendly amenities, and when appropriate, allowing for small scale residential development. 29
To Ordinance No.
E. The BARRO zone district currently contains a mix of residential and commercial structures and uses. The creation and implementation of the BARRO zone creates a bridge tool for development in the BARRO zone district. The city council finds that inclusion of both commercial and residential uses in the BARRO zone is consistent with and implements the Rocklin General Plan including the following land use goals and policies:
1. Goal for Commercial Land Use: To retain and renew existing commercial land uses and designate sufficient new commercial areas to meet future city needs.
2. Policies for Commercial Land Use:
a. To promote and renew as needed, the Pacific Street, Rocklin Road, Sunset Boulevard, and Granite Drive business districts in order to provide diversified business opportunities.
b. To approve designation of sufficient commercial land to meet the future needs of the city.
c. To ensure that adequate parking and access are included in approved commercial development plans.
d. To avoid "strip commercial" land uses in newly developing areas by encouraging the "village concept" of grouping commercial land use in village core areas.
e. To minimize conflicts between new commercial land uses and other land uses, especially residential, park, and recreational uses.
To promote flexibility and innovation in commercial land use through the use of planned unit developments, developer agreements, specific plans and other innovative development and planning techniques.
f. To maintain development standards and develop new standards, including off-site parking provisions, unique to the central commercial area of Rocklin along Pacific Street from Midas to Farron Streets. g. To encourage use of the Rocklin Downtown Revitalization Plan and Design Guidelines when considering projects in the area generally abutting Rocklin Road and Pacific Street from Midas Avenue to Farron Street.
3. Goal for Residential Land Use: To designate, protect, and provide land to ensure sufficient residential development to meet community needs.
4. Policies for Existing Residential Land Use:
a. To protect existing residential areas from the intrusion of incompatible land uses.
b. To preserve and enhance the quality of existing residential areas by continuing to provide high-quality public services, by rehabilitating useful structures and by removing substandard units.
30
To Ordinance No.
c. To continue programs for the prevention of blight, considering all public and private resources available, including: enforcement of all codes, neighborhood rehabilitation programs, and redevelopment agency actions.
d. To encourage active involvement by individuals and citizen organizations in maintaining and upgrading existing residential neighborhoods.
e. To encourage preservation and adaptive reuse of significant historic structures and sites.
f. To require that new development in or near existing residential areas be compatible with those existing neighborhoods.
g. To promote flexibility and innovation in residential land use through the use of planned unit developments, developer agreements, specific plans, mixed use projects, and other innovative development and planning techniques.
h. To maintain development standards unique to Old Town Rocklin that encourage residential development on small lots.
(Ord. No. 986, § 2(Exh. B), 8-14-2012)
17.59.030 Purpose and intent.
This Business Attraction, Retention, and Revitalization Overlay zone concept is an opportunity to utilize an alternative zoning tool for those properties that are within the boundaries of the BARRO zone. The property owner shall have the choice of developing property pursuant to the provisions of the underlying zone, or developing property pursuant to the provisions of this chapter. It is the intent of the city council to create an overlay zone district in Title 17, Zoning of the Rocklin Municipal Code that will provide for the following:
A. Implement a streamlined entitlement review and approval process, and a reduced fee structure, for in-fill development projects within the BARRO zone area;
B. Allow for reduced infrastructure development standards and greater flexibility in the application of the city's approved design guidelines and development standards within the overlay zone in a manner grounded in market realities; C. Improve the appearance and economic vitality of small and/or older commercial structures and developments and thereby contribute to the overall improvement of older commercial areas by making the regulatory process easier for the owners and tenants to negotiate;
D. Create a vibrant commercial destination with an active street life that would attract travelers and commuters who use Pacific Street as a regional transportation corridor, and where local residents have services, shops, and jobs;
31
To Ordinance No.
E. Protect, preserve and maintain the integrity of the existing single-family residential neighborhoods immediately adjacent to the BARRO zone area through innovative and thoughtful design techniques;
F. Allow for the use of varying architectural design themes, but require that each design is thoughtfully blended and is compatible with adjoining and adjacent development;
G. Maintain land use and development options so as individual properties become available for development, there are choices between commercial, residential or mixed use projects which are appropriate for current market conditions; H. Encourage compatibility between residential and commercial uses in areas where residential zones directly abut commercial zones, by permitting greater design flexibility across the existing boundaries of the two zones; and I. Encourage within the BARRO zone the inclusion of a public open space amenity, or some form of physical interface for the pedestrian. Such features may include:
1. Formal Plazas. A formal plaza would be a publicly accessible open space which has a design that is influenced by classical urban planning design. A formal plaza would typically include some sort of central water fountain and/or symmetrical landscaping.
2. Urban Gardens. An urban garden can be located on the ground level, or on upper levels of a structure. Urban gardens include ornamental landscaping arranged in raised or at-grade planters or planting areas, potted plants and trees. Many times there are sculptures or other forms of public art that are included within the urban garden.
3. Covered Colonnades. Colonnades are linear in design and generous in depth. The intent is to provide a comfortably wide, covered pathway that is adjacent to the openings of a building. Sometimes the second floor of a building is utilized to create the "covered" element of the colonnade.
4. Sidewalk Dining. Sidewalk dining may occur wherever a sidewalk space is ample enough to accommodate dining furniture without impeding pedestrian access of the sidewalk. Sidewalk dining may be defined with a railing or planters, or be open and accessible.
5. Pedestrian Alleys and Walkways. A pedestrian alley or walkway is typically a "lane" that does not follow the alignment of a vehicular street, but provides a pedestrian access to either a public space or some other feature within the interior of a development. Pedestrian alleys or walkways must be designed in such a manner so as to be inviting to pedestrians.
Therefore, issues such as lighting, security, line of sight, cleanliness and visual appeal are important considerations to a well designed pedestrian alley or walkway. Sometimes public art, street furniture and access to shops and public spaces are features of pedestrian alleys and walkways. 32
To Ordinance No.
J. Ensure that the appearance and effects of buildings and uses are harmonious with the character of the area in which they are located. (Ord. No. 986, § 2(Exh. B), 8-14-2012)
17.59.040 Applicability; conflicts.
A. The provisions of this Chapter 17.59 shall apply to those areas indicted on the zoning map of the city of Rocklin by distinct shading or other identification, and in a manner consistent with the identification of boundaries for other zones set forth in Title 17, shown on the zoning map of the city of Rocklin, and prior decisions of the city regarding the actual boundaries of properties within city land use zones.
B. Conflict. Should a provision of this Chapter 17.59 conflict with any other provision of Title 17 of the Rocklin Municipal Code, or any other city resolutions, ordinances, or regulations of the city, this chapter shall control.
(Ord. No. 986, § 2(Exh. B), 8-14-2012)
17.59.050 Authority for approvals; determination; fees.
A. Pursuant to Chapter 17.72.020.C, the city council designates and authorizes the community development director as the approving authority for design review approvals issued in conformance with this chapter for projects within those areas affected by the Business Attraction, Retention, and Revitalization Overlay zone.
B. Notwithstanding Section 17.70.020, the city council designates the community development director as the approving authority for conditional use permits issued in conformance with this chapter for projects within those areas affected by the Business Attraction, Retention, and Revitalization Overlay zone.
C. The community development director shall review the application for its compliance with the citywide design review guidelines and the Rocklin Downtown Revitalization Plan and Design Guidelines and the conformity of the proposed project with the surrounding properties. The community development director shall have the authority to, and shall take action to grant, grant with conditions, or deny the application based on the information contained in the application and any information obtained from the staff review of the project.
D. Notwithstanding other provisions for fees adopted by city ordinance or resolution, the fees applicable to review and approval of entitlements issued in conformance with this chapter for projects within the BARRO zone shall be determined on the fully loaded hourly rate for city staff utilized to review and approve the project development entitlements, up to a maximum fee as follows:
1. Design review approvals $3,500.00
2. Conditional use permits $2,000.00
3. Environmental review $3,000.00
33
To Ordinance No.
E. The community development director shall prescribe the forms and documents to be filed for a permit under the provisions of the BARRO zone.
F. When a project subject to design review also requires a discretionary permit, or modification thereof, under Chapter 17.70, the design review application shall be made, processed and heard simultaneously with the other discretionary permit, unless this requirement is waived by the community development director.
G. For design review applications, the community development director may act on the application without a formally noticed public hearing. Notice of a pending application pursuant to the BARRO zone regulations shall be posted on the proposed project site and on the city of Rocklin website. Such notice shall specify that any interested person may view the application materials at the city of Rocklin offices during business hours; the ten-day time period when the public may submit written comments on the proposed project to the city; the date whereon the community development director is expected to take action on the proposed project; and the date by which anyone may appeal of the final action of the community development director in the manner provided by Chapter 17.86.
H. Projects within the BARRO Zone which include an application for a conditional use permit shall require a noticed public hearing process, pursuant to State law.
Following this hearing, the community development director shall have the authority to act on the application.
I. The Community Development Director shall have the authority to elevate any project within the BARRO Zone to the Planning Commission if the Director determines that the project may impact, or would not be compatible with, surrounding properties, or that the project could adversely impact surrounding uses due to project elements including, but not limited to, traffic, noise and safety impacts. The Director may elevate the review at any stage of the process to ensure proper evaluation of potential impacts. If the Director determines that elevation to the Planning Commission is necessary, additional fees may be imposed to compensate the City for the cost of processing the application. (Ord. No. 986, § 2(Exh. B), 8-14-2012)
17.59.060 Special standards.
To encourage economic development, reinvestment, and enhancement of the properties within the boundaries of the district the following special standards shall apply:
A. Nonconforming Standards. Properties located within the Business Attraction, Retention, and Revitalization Overlay zone shall be exempted from the following specific provisions of Title 17, Chapter 17.62, Nonconforming Uses and Structures of the Rocklin Municipal Code:
17.08.080—Commerce or Industry Abutting Residential zone.
17.62.050—Off-street parking deficiency.
34
To Ordinance No.
17.62.080—Nonconforming use—Conforming structure.
17.62.090—Conforming use—Nonconforming building—Repair and maintenance.
17.62.100—Conforming use—Nonconforming building—Enlargements.
17.62.120—Conforming use—Nonconforming building—Restoration.
17.62.130—Nonconforming use and building—Termination of use.
17.62.140—Nonconforming use and building—Additions, enlargements, repairs.
17.75.070.C.2.—Permit requirements and procedures (signs).
B. Design Guidelines. The community development director is hereby authorized to exercise wide latitude and significant discretion in determining if, when, and how to apply specific provisions of the Rocklin Downtown Revitalization Plan and Design Guidelines and Design Review Guidelines (Feb. 2008, as amended) applicable to a particular project site based upon the unique characteristics of the project site and the immediately surrounding properties in order to achieve the best possible project consistent with the over all goal of promoting the development of economically viable, cohesive, and attractive neighborhoods.
C. Parking. Parking is typically one of the most challenging development standards to meet when attempting to develop older in-fill sites. By its very nature, parking requires a significant dedication of land which cannot be translated into leasable sales area or saleable square footage. However, adequate and easily accessible parking is critical to the long term success and viability of any development.
1. Parking requirements shall be determined on a project specific basis by the community development director after consideration of the on-site parking standards listed in the Rocklin Zoning Code for the type of development proposed, the physical constraints of the property in question, the availability of nearby on-street parking and public parking facilities, and other potential mitigating factors.
2. The Old Town area has a series of public parking lots that can be used to assume some or all of the required off-street parking for new development within the BARRO zone district.
3. Residential uses will be required to provide on-site parking for each residential unit; however, the guest parking requirements may be a candidate for transfer to nearby public parking lots. Commercial uses may propose to transfer up to their entire on-site parking obligation to public parking lots, however, they will be encouraged to maintain handicapped accessible parking on their property, as well as loading areas.
D. Performance Standards for Neighborhood Compatibility. The purpose of this subsection is to ensure that uses in the BARRO zone are not adversely impacted by the adjacent uses, both on-site and off-site, including, but not limited to traffic, noise, and safety impacts. In the interests of both the residents 35
To Ordinance No.
and the businesses, no project entitlement shall be approved for a project combining residential and commercial uses on the same site, unless the project is designed to meet the following performance standards, in addition to all other applicable regulations of this chapter.
1. Noise.
a. Residential units shall be constructed so that interior noise levels do not exceed an Ldn of 45 dB(A) in any habitable room.
b. Commercial uses shall be designed and operated, and hours of operation limited where appropriate, so that neighboring residents are not exposed to offensive noise, especially from traffic or late-night activity.
c. Common walls between residential and nonresidential uses shall be constructed to minimize the transmission of noise and vibration.
2. Security.
a. The residential units shall be designed with specific consideration towards the security of residents, including, but not limited to, the provision of separate and secured entrances.
b. Nonresidential and residential uses located on the same floor of the same building shall not have common entrance hallways or common balconies.
c. Parking spaces for nonresidential and residential uses shall be specifically designated by posting, pavement marking, and/or physical separation.
3. Lighting.
a. All outdoor lighting associated with commercial uses shall be designed so as not to substantially and adversely impact surrounding residential uses, while also providing a sufficient level of illumination for access and security purposes. Such lighting shall not blink, flash, occilate, or be of unusually high intensity of brightness. b. Parking areas shall be illuminated so as to provide appropriate visibility and security during hours of darkness.
4. Odors, Dust, Vibration. No commercial use shall be designed or operated so as to expose residents to offensive odors, dust, electrical interference, and/or vibration.
5. Refuse Storage and Location. The residential units shall maintain a separate refuse storage container from that used by the commercial uses.
It shall be clearly marked for residential use only, and use by commercial uses is prohibited.
6. To the extent feasible, the five factors listed above shall be considered and incorporated into the design of all nonresidential projects abutting 36
To Ordinance No.
existing residential zones. Residential projects abutting existing nonresidential projects shall be designed to incorporate as many design features as necessary to mitigate for the five factors listed above. (Ord. No. 986, § 2(Exh. B), 8-14-2012)
17.59.070 Limitations on approval authority.
The administrative approval authority set forth in this chapter shall be limited to projects of a size and scope which are consistent with the standards for in-fill development set forth in the California Environmental Quality Act Guidelines CCR Section 15332—In-Fill Development Projects and the further restrictions set forth in this section. Those standards are as follows:
A. The project is consistent with the applicable general plan designation and the general plan policies set forth in subsection 17.59.020E. above, as well as the zoning designation and regulations stated in this chapter.
B. The proposed development is on a project site of no more than three five acres substantially surrounded by urban uses.
C. The project site has no value as habitat for endangered, rare, or threatened species.
D. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, greenhouse gas emissions, or water quality.
E. The site is adequately served by all required utilities and public services.
F. A project proposing additional story on buildings originally approved by the city council are ineligible for administrative review and approval under this chapter and shall be subject to design review as set forth in Chapter 17.72. (Ord. No. 986, § 2(Exh. B), 8-14-2012)
37
To Ordinance No.
17.59.080 Permitted uses.
A. All permitted or conditionally permitted uses in the underlying zone are permitted uses unless the community development director determines that the proposed use warrants the application of operational conditions. In those cases where operational conditions of approval are necessary to make the proposed use compatible with the surrounding uses, a conditional use permit shall be required. In addition, to promote an active street life, enhance the vitality of businesses, and reduce vehicular traffic, residential structures and uses are permitted in the BARRO zone district.
(Ord. No. 986, § 2(Exh. B), 8-14-2012)
B. The following uses may be permitted, subject to review and approval of a Conditional Use Permit (CUP):
1. Breweries, distilleries, and wineries
2. Live music
3. Event centers
4. Artisan food and beverage production/tasting rooms
5. Art galleries and creative studios (ceramics/pottery, paint & sip businesses, etc.) open to the public
6. Other uses of a similar nature, as determined by the Community Development Director, that enhance street life and promote business activity
17.59.090 Appeal.
Any person dissatisfied by an act or determination of the community development director relating to the approval or denial of a project application under this chapter, or the interpretation or enforcement of this chapter, may appeal such act or determination to the planning commission as provided in Chapter 17.86. (Ord. No. 986, § 2(Exh. B), 8-14-2012)
38
To Ordinance No.
EXHIBIT B
The Citywide Zoning Map is hereby amended to add the following area to the Business Attraction, Retention, and Revitalization Overlay (BARRO) Zone. These modifications include the following:
Assessor Parcel Numbers (APNs) as listed below and as shown on the following figure.
Only the portions of the figure shown in red shall be added to the existing BARRO Zone area, shown in yellow.
010-170-026
010-170-001
010-170-028 (portion)
010-230-015 (portion)
39 City Council
Staff Report
Subject:
Amendments to the Northwest Rocklin General Development Plan and Rezoning (Second Reading of Ordinance)
Date:
January 28, 2025
Submitted By:
Avinta Singh, City Clerk
Department:
City Clerk's Office
Recommendation:
Adopt an Ordinance of the City Council of the City of Rocklin Amending the Northwest Rocklin General Plan and Rezoning 12.72 Acres from Planned Development Light Industrial and Open Space to Planned Development Residential 22 Units Per Acre Minimum (PD-22+).
Background:
On January 14, 2025, the City Council introduced, read by title only and waived the full reading of the following:
"Ordinance of the City Council of the City of Rocklin Amending the Northwest Rocklin General Plan and Rezoning 12.72 Acres from Planned Development Light Industrial and Open Space to Planned Development Residential 22 Units Per Acre Minimum (PD-22+)."
The background materials for this item are contained in the January 14, 2025 City Council
Meeting Staff Report
, located on the City's website.
Item Number C4.
ATTACHMENTS:
1. Ordinance
40
Ordinance No. XXXX
ORDINANCE NO. XXXX
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKLIN AMENDING
THE NORTHWEST ROCKLIN GENERAL DEVELOPMENT PLAN AND REZONING
12.72 ACRES FROM PLANNED DEVELOPMENT LIGHT INDUSTRIAL AND
OPEN SPACE TO PLANNED DEVELOPMENT RESIDENTIAL
22 UNITS PER ACRE MINIMUM (PD-22+)
(University Avenue Apartments / PDG2023-0004, Z2023-0003)
The City Council of the City of Rocklin does ordain as follows:
Section 1. Findings. The City Council of the City of Rocklin finds and determines that:
A. The proposed general development plan amendment and rezone would amend the Northwest Rocklin General Development Plan Map and the City-wide Zoning Map to rezone a 12.72-acre project site, consisting of Assessor’s Parcel Numbers (APNs) 017-276-005 and -006, from a combination of Planned Development Light Industrial (PD- LI) on 12.31 acres and Open Space (OS) on 0.41 acre to Planned Development Residential 22 Units Per Acre Minimum (PD-22+).
B. The proposed genera l development plan amendment and rezone are compatible with the concurrently proposed general plan amendment and the land uses existing and permitted on the properties in the vicinity. The general plan amendment (GPA2023-0001) proposes to redesignate the l and use on the 0.41-acre portion of the site from Recreation -Conservation (R -C) to Mixed Use (MU), consistent with the MU designation of the 12.31-acre remainder.
C. The general development plan amendment and rezone would not create serious health problems or create nuisances on properties in the vicinity. The project site is proposed for construction of a 324 -unit multifamily residential project, consistent with the MU general plan designation.
D. The City Council has considered the effect of the prop osed general development plan amendment and rezone on the housing needs of the region and has balanced those needs against the public service needs of its residents and available fiscal and environmental resources. The project would convert the 12.72-acre site to PD-22+, which would facilitate construction of a 324 -unit apartment project at a density of approximately 25.5 dwelling units per acre. The project site has remained vacant and underutilized as a PD -LI site for decades. The construction of these residential units would increase housing availability.
E. The area is physically suited to the uses authorized in the proposed general development plan and rezone. The project site is largely flat and is currently vacant. The 41
Ordinance No. XXXX
project site contains a total of approximately 0.237 -acre of vernal pools, seasonal wetlands, and seasonal wetland swales. The project has been conditioned to comply with all applicable regulatory requirements to mitigate for these wetlands. All utilities and other services are available and located within close proximity to the site.
F. The proposed general development plan amendment and rezone are compatible with the land uses existing and permitted on the properties in the vicinity. The project is in close proximity to Jessup University and several existing and approved single and multi-family residential projects.
G. The land uses, and their density and intensity, allowed in the proposed general development plan amendment and rezone are not likely to create serious health problems or create nuisances on properties in the vicinity. The proposed PD-22+ zoning would create housing for the area, consistent with the approved residential project directly to the south.
H. The Planning Commission of the City of Rocklin unanimously (5 -0) recommended the project for approval on December 3, 2024 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. Amendment to General Development Plan . The Northwest Rocklin General Development Plan is hereby amended to rezone a 12.72-acre project site, consisting of Assessor ’s Parcel Numbers (APNs) 017 -276-005 and -006, from a combination of Planned Development Light Industrial (PD-LI) on 12.31 acres and Open Space (OS) on 0.41 acre to Planned Development Residential 22 Units Per Acre Minimum (PD-22+), as included in Exhibit A.
Section 4. Amendment to Zoning Map. The Citywide Zoning Map is hereby amended to modify the zoning designation for a 12.72-acre project site, consisting of Assessor ’s Parcel Numbers (APNs) 017 -276-005 and -006, from a combination of Planned Development Light Industrial (PD-LI) on 12.31 acres and Open Space (OS) on
0.41 acre to Planned Development Residential 22 Units Per Acre Minimum (PD-22+), as included in Exhibit B.
Section 5. Severability. If any section, sub-section, 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 the Ordinance. The City Council hereby declares that it would have adopted the Ordinance and each section, sub-section, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, sub -sections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
Section 6. Environmental. The proposed University Avenue Apartments project, including its related land use entitlements, was analyzed as required by the 42
Ordinance No. XXXX
California Environmental Qu ality Act (CEQA) as a part of the University Avenue Apartments Project Addendum to the Northwest Rocklin Annexation Area Environmental Impact Report (EIR) and associated First Addendum, approved and certified by City Council Resolutions No. 2002 -230 and 2008 - 252, respectively. Pursuant to Public Resources Code Section 21166 and Section 15162 of California Code of Regulations, Title 14, Division 6, Chapter 3 (CEQA Guidelines), no further environmental review of the University Avenue Apartments project is required, nor should be conducted, since the project is within the scope of the Northwest Rocklin Annexation Area EIR and associated First Addendum, which adequately describe the se activities for purposes of CEQA for the following reasons:
A. No new significant environmental effects nor any substantial increase in the severity of previously identified significant effects will occur from the University Avenue Apartments project;
B. No substantial changes occur with respect to the circumstances under which the project will be undertaken which will require major revisions of the previous EIR or Addendum due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
C. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR or Addendum were certified as complete shows any of the following:
i) That the project will have one or more significant effects not discussed in the previous EIR;
ii) That significant effects previously examined will be substantially more severe than shown in the previous EIR;
iii) That mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative.
iv) That mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects of the environment, but the project proponents declined to adopt the mitigation measure or alternative.
Section 7. Effective Date. This ordinance shall take effect thirty (30) days after the day of its adoption.
Section 8. 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 43
Ordinance No. XXXX
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 14, 2025, by the following vote:
AYES: Councilmembers: Bass, Broadway, Gayaldo, Halldin, Janda
NOES: None
ABSENT: None
ABSTAIN: None
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Rocklin held on January 28, 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
__________________________________
Jill Gayaldo, Mayor
ATTEST:
___________________________
Avinta Singh, City Clerk
First Reading: 01/14/2025
Second Reading: 01/28/2025
Effective Date:
44 EXHIBIT A – AMENDMENT TO GENERAL DEVELOPMENT PLAN
University Avenue Apartments
Northwest Rocklin General Development Plan and Zoning Amendment PDG2023-0004, Z2023-0003
45 Existing Northwest Rocklin General Development Plan Zoning Map
EXHIBIT A
PDG2023-00004 &
Z2023-0003
46 Modified Northwest Rocklin General Development Plan Zoning Map
47 EXHIBIT B – AMENDMENT TO ZONING MAP
University Avenue Apartments
Northwest Rocklin General Development Plan and Zoning Amendment PDG2023-0004, Z2023-0003
48 HIGHWAY 65
UNIVERSITY AVE.
APN: 017-276-004
PARCEL 7, 35 P.M. 119
APN: 017-276-007
PARCEL A, 31 P.M. 135
HIGHWAY 65
UNIVERSITY AVE.
APN: 017-276-004
PARCEL 7, 35 P.M. 119
APN: 017-276-007
PARCEL A, 31 P.M. 135
UNIVERSITY AVENUE
APARTMENTS
REZONE EXHIBIT
JULY 2024
ENGINEERING & PLANNING
"EXCELLENCE"
UBORAUBORA
2901 DOUGLAS BOULEVARD, SUITE 285
ROSEVILLE, CA 95661 (916) 780-2500
EXISTING ZONING
PROPOSED ZONING
PLANNED DEVELOPMENT
LIGHT INDUSTRIAL
12.31 ACRES
OPEN SPACE
0.41 ACRES
PLANNED DEVELOPMENT
PD - 22+
12.72 ACRES
EXHIBIT B
PDG2023-0004 &
Z2023-0003
49 City Council
Staff Report
Subject:
Rocklin Municipal Code Related to Procurement, Purchases, and Contracts (Second Reading of Ordinance)
Date:
January 28, 2025
Submitted By:
Daniel Choe, Deputy Director of Administrative Services Department:
Administrative Services - Finance
Recommendation:
Adopt an Ordinance of the City Council of the City of Rocklin Repealing and Re-Enacting Chapter 3.04 of the Rocklin Municipal Code Regarding Procurement, Purchases, and Contracts.
Background:
On January 14, 2025, the City Council introduced, read by title only and waived the full reading of the following:
Ordinance Repealing and Re-Enacting Chapter 3.04 of the Rocklin Municipal Code Regarding Procurement, Purchases, and Contracts.
The background materials for this item are outlined in the January 14, 2025 City Council Meeting Staff Report attached as Attachment 2.
Fiscal Impact:
There is no direct fiscal impact to the staff recommendation.
Item Number C5.
ATTACHMENTS:
1. Ordinance
2. January 14 Staff Report
50
Ordinance No. XXXX
ORDINANCE NO. XXXX
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
REPEALING AND RE-ENACTING CHAPTER 3.04 OF THE ROCKLIN MUNICIPAL
CODE REGARDING THE PROCUREMENT, PURCHASES, AND CONTRACTS The City Council of the City of Rocklin does ordain as follows:
Section 1. Purpose and Intent. Chapter 3.04 of the Rocklin Municipal Code (RMC), entitled “Procurement,” is set forth local policies and procedures for City purchasing of supplies and procurement of services in accordance with California Government Code sections 54202 and 54203.
Section 2. Authority. The City Council enacts this ordinance under the authority granted to cities by Article XI, Section 7 of the California Constitution and Government Code sections 37100, 54202, and 54203.
Section 3. Repeal and Re-Enact. Chapter 3.04 of Title 3 of the Rocklin Municipal Code regarding the Procurement, Purchases, and Contracts is hereby repealed and re-enacted to read as follows:
Chapter 3.04 – Procurement, Purchases, and Contracts
Sections:
3.04.010 Purpose and Intent
3.04.020 Applicability
3.04.025 Exempt Contracts
3.04.030 Definitions
3.04.040 Purchasing Officer
3.04.050 Contracting Authority
3.04.060 Contracts for Designated Professional Services
3.04.070 Formal Bids – Competitive Sealed Bid Process
3.04.080 Request for Proposals or Qualifications
3.04.090 Exceptions to Formal and Informal Competitive Process
3.04.100 General Requirements
51
Ordinance No. XXXX
3.04.110 Disposition of Surplus Supplies, Materials and Equipment
3.04.120 Uniform Public Construction Cost Accounting Act
3.04.010 Purpose and Intent.
This Chapter establishes policies and procedures to: (1) procure and contract for the purchase of Goods, equipment, supplies, Services, Public Projects, and construction of Public Works, at the lowest possible cost, commensurate with the quality needed; (2) maximize the purchasing value of all public funds; (3) exercise effective and efficient financial control over such transactions and contracts; (4) clearly define authority for the purchasing and contracting functions; and (5) to assure the quality of purchases, Services, and Public Works
3.04.020 Applicability.
The provisions of this Chapter, as well as any applicable state or federal laws, shall apply to (1) the purchase of equipment, supplies, furnishings, products, or materials ("Goods"), (2) the procurement of Services, (3) the procurement of Professional Services; and (4) Public Works Projects (Public Projects), funded by public funds of the City of Rocklin or other governmental entities. The provisions of this Chapter shall not apply to the acquisition or disposition of interests in real property.
3.04.025 Exempt Contracts.
Except as set forth below, the following purchases or contracts are exempted from obtaining competitive bids and proposals:
A. Annual Membership Dues. Membership dues for professional organizations and civic organizations that may charge an annual or other membership fees. Such contracts may be entered into and/or membership fees paid at the direction of the City Manager, without prior City Council approval, provided there is adequate funding allocated in the City budget.
B. Other Contracts. Such other contracts as the City Council in their discretion, finds by resolution are not susceptible to the procurement, purchasing, or contracting procedures set forth in this Chapter.
52
Ordinance No. XXXX
3.04.030 Definitions.
The following terms, whenever used in this Chapter, shall be construed as follows:
A. "Best Value" means the best value to the City based on all factors, including but not limited to: cost; contractor's ability, capacity or skill; ability to perform within the time required; character, integrity, reputation, judgment, experience and efficiency; quality of contractor's performance on previous purchases or contracts, if applicable; and the ability of the contractor to provide future maintenance, repair, parts and Services, if necessary.
B. "Bid" means a written offer to furnish supplies, equipment, material, Services, Professional Services or the construction of Public Works Project, in conformity with the specifications, delivery terms, and conditions required, at a guaranteed maximum cost.
C. "Bid Security" means financial security provided to guarantee that a bidder will enter into a contract with the City if a Bid is awarded. It may be in the form of cash, cashier's check, certified check, or surety bond, in an amount not less than ten percent of the aggregate amount of the Bid or other amount as required by law or determined or approved by the City Council.
D. "Goods" means supplies, equipment, products, and materials, including any and all articles, things or personal property furnished to or used by the City or any City department or agency.
E. "Professional Services" means work performed by architectural, landscape architectural, engineering, environmental, land surveying, construction project management, and specialized Professional Services such as financial, economic, accounting, legal, lobbying firms, and other specially trained persons and associated administrative matters. The selection of persons or firms to provide such Professional Services shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the Services required. Price may be considered after making a determination based upon professional qualifications.
F. "Public Project" (also referred to as “Public Works Project” or “Public Works”) shall have the same meaning provided in Section 22002 of the Public Contract Code, as may be amended from time to time. Public Project does not include “maintenance work,” which, for purposes of this Chapter, has the same meaning as provided in Section 22002 of the Public Contract Code, as may be amended from time to time.
G. "Purchase Order (PO)" means a document memorializing a purchase of Goods, procurement of Services, Professional Services, or Public Projects from a Vendor or authorizing the payment of funds for a purchase or service. 53
Ordinance No. XXXX
H. "Quote" means a verbal or written promise from a Vendor, contractor, business, or consultant guaranteeing to provide certain Goods, Services, Professional Services, or Public Projects for a fixed price.
I. "Request for Proposal” or (“RFP”) means a solicitation for competitive proposals that state the technical specifications, requirements, and outcomes for the Services desired, including the price thereof.
J. "Request for Qualifications” or (“RFQ”) means a request seeking a written presentation of the professional qualifications and experience of a proposed consultant, Vendor, business or contractor.
K. "Services" means the furnishing of labor, time or effort to perform or complete a designated task project. Some parts and Goods may be provided by service providers that are necessary and integral to the completion of the contracted Services. Some examples of Services include janitorial, landscaping, and pest control. The emphasis is on physical, rather than professional/intellectual capabilities. Services do not include Public Projects, Public Works Projects, construction, utility services, insurance services, Professional Services, services rendered by City officers or employees, or another governmental agency, or contractual services which are in their nature unique or not subject to competition.
L. "Vendor" means a supplier of Goods, Services, Professional Services, or Public Projects. A Vendor may also be referred to generally as a consultant, contractor, or business, except that with respect to Public Projects, the term contractor has the meaning ascribed to it in the Public Contract Code and other applicable law.
3.04.040 Purchasing Officer.
A. The City Manager is the City's Purchasing Officer, and with the exception of contracts for legal services, supervises the purchasing and contracting functions described in this Chapter. The Purchasing Officer is responsible for the overall administration of the requirements and policies codified in this Chapter. The Purchasing Officer may delegate authority, in writing, to Department Directors (Designee) within the City to purchase certain Goods, Services, or Professional Services, when such a delegation is necessary for the efficient procurement of Goods, Services, or construction and provided that the exercise by the Designee of such delegated authority otherwise complies with this Chapter.
B. The City Attorney is the City’s Purchasing Officer for all contracts for legal services.
3.04.050 Contracting Authority.
A. Authority of the City Manager. The City Council hereby authorizes the City Manager to execute any contract up to $75,000 (seventy-five thousand dollars) in 54
Ordinance No. XXXX
total compensation, subject to approval as to legal form by the City Attorney, the availability of funds, and compliance with this Chapter.
B. Contracts for Legal Services. Contracts for legal services may be executed by the City Attorney for up to $100,000 (one hundred thousand dollars) for terms of up to five years or until the conclusion of all matters assigned to the outside law firm under the subject contract, whichever date is later.
C. Award of contract by City Council. Unless otherwise provided in this Chapter or applicable City Council Resolution, all contracts for an amount exceeding $75,000 (seventy-five thousand dollars) must be authorized by the City Council.
D. Informal Solicitation of Bids, Proposals, and Small Purchases. Contracts for Goods or Services for an amount up to $75,000 (seventy-five thousand dollars) may be made in accordance with the informal solicitation and small purchase procedures authorized in this section.
1. Informal Bids or Quotes. No fewer than three businesses shall be solicited to submit Bids or Quotes. Award shall be made to the business offering the lowest responsive Quote or Bid.
2. Small Purchases of up to $10,000. At the discretion of the Purchasing Officer, purchases of up to $10,000 (ten thousand dollars) may be made on the open market without competitive (formal) or informal solicitation, Bids or Quotes, or Request for Proposals
3.04.060 Contracts for Designated Professional Services.
Contracts for Professional Services not conducive to bidding including, but not limited to, accountants, appraisers, archaeologists, architects, attorneys, consultants, engineers, physicians, and real estate brokers may be awarded using a Request for Proposal process, without Formal or other Bids, as provided in this section, or may be awarded on the basis of responses to informal bids or Request for Qualifications.
A. Responses to a Request for Proposals, or statements of qualifications, shall include the following information: scope of work; plans and specifications, if applicable; time; schedule; cost; rates, if applicable; insurance requirements; and list of key individuals or employees who will be assigned to the project, and their qualifications; and any other information the City may wish in its discretion to include.
B. Proposals will be reviewed and evaluated according to: experience and expertise in the field; quality of consultant’s work; ability of firm or consultant to meet project deadlines; demonstrated competence necessary for the performance of the services required; professional qualifications; overall cost of the service; and past performance on similar projects.
55
Ordinance No. XXXX
C. Prior to selecting a service provider, the City may engage in discussions and negotiations with one or more parties submitting proposals to refine the proposals, negotiate the terms of proposals, or negotiate the fees, charges or other elements of the proposals.
D. In the event there is only one individual or firm that can provide or is especially suited to providing the required professional service in a timely manner, the Purchasing Officer may waive the requirements for solicitation of multiple proposals.
3.04.070 Formal Bids – Competitive Sealed Bid Process.
Either the Formal Bid (competitive sealed bid) process, or Request for Proposal process, shall be used for the purchase of Goods, equipment, or procurement of Services in an amount more than $75,000 (seventy-five thousand dollars), except that the limit for Public Works Projects requiring formal bids is set forth in section 3.04.120.
A. Invitation and Notice. A Bid invitation and the public notice inviting Bids shall be issued and shall state the project to be done; include a general description of the work to be Bid; the place the Bids are to be received and the time by which they shall be received; the type and character of bidder’s security required, if any; where bidding forms and project documents, including final plans and specifications may be obtained; whether there will be a mandatory pre-bid conference, site visit, etc.; and the time and place for opening Bids.
In addition to the foregoing, contracts for Public Works Projects requiring formal bids shall also comply with the following requirements: The notice inviting formal bids for a Public Works Project shall be published at least 14 calendar days before the date of opening the Bids in a newspaper of general circulation, as that term is defined and used in California Public Contract Code Section 22037. Such notice inviting formal bids shall also be sent electronically, if available, by either facsimile or electronic mail and mailed to all construction trade journals specified in California Public Contract Code section 22036 at least 15 calendar days before the date of opening the Bids.
B. Bid Opening. Bids shall be submitted to the City Clerk and shall be identified as Bids on the envelope. Bids shall be opened publicly in the presence of one or more witnesses at the place and not earlier than the time designated in the invitation for Bids. The tabulation of all Bids received shall be open to public inspection after the bid opening.
C. Bid Evaluation and Acceptance. Bids received at or prior to the time set for bid opening shall be unconditionally accepted without alteration or correction, except as authorized in this Chapter. Bids shall be evaluated based on the requirements set forth in the invitation for Bids, which may include criteria to determine 56
Ordinance No. XXXX
acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose, and other appropriate factors as determined by the City in its discretion. Those criteria that will affect the Bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation costs, and total or life cycle costs. The invitation for Bids shall set forth the evaluation criteria to be used. No criteria may be used in Bid evaluation that are not set forth in the invitation for Bids. City may waive any informality, irregularity, immaterial defects or technicalities in any Bid or response.
D. Correction or Withdrawal of Bids. Subject to any provisions of federal or state granting authorities to the contrary, correction or withdrawal of inadvertently erroneous Bids before or after bid opening, or cancellation of awards or contracts based on such bid mistakes, shall be in accordance with this section. Mistakes discovered before bid opening may be modified or withdrawn by written notice received in the manner designated in the invitation for bids prior to the time set for bid opening. After bid opening, no corrections to bid or provisions shall be permitted but, in lieu of bid correction, a low bidder alleging a material mistake of fact may be permitted to withdraw its bid if allowed pursuant to applicable law or:
(a) the mistake is clearly evident on the face of the bid document, or (b) the bidder submits evidence that clearly and convincingly demonstrates that a mistake was made. All decisions to permit the correction or withdrawal of bids shall be supported by a written determination made by the City.
E. Award. The contract shall be awarded to the lowest responsive and responsible bidder following the process of selecting the Bid that meets the requirements and criteria set forth in the invitation for Bids, this Chapter, and applicable law
3.04.080 Request for Proposals or Qualifications.
Purchases of Services of an estimated value greater than $75,000 (seventy-five thousand dollars) shall be awarded in accordance with this section or by formal Bid, excepting legal services and Public Works Projects.
A. Request for Proposals and Notice. A notice requesting proposals ("RFP") shall be issued and shall include a general description of the services to be procured, shall state where proposal forms and specifications may be obtained and the time and place for the delivery of proposals.
B. Evaluation Factors. The RFP shall identify all evaluation factors that will be used by the City, and the relative importance of the evaluation factors, including price.
C. Interviews with Responsible Vendors and Revisions to Proposals. The City may, at its sole discretion, conduct interviews and negotiations with Vendors whose proposals are responsive to the RFP, for the purpose of gaining full understanding of the proposal contents. Vendors shall be accorded consistent treatment with respect to any opportunity for discussion and revision of proposals. Such revisions 57
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may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of the identity of competing Vendors or any information derived from proposals submitted by competing Vendors prior to the conclusion of contract negotiations and final acceptance of contract terms and conditions, unless otherwise required by law or court order.
D. Award. Award shall be made to the responsible Vendor whose proposal is determined in writing to be the most advantageous to the City, taking into consideration the evaluation factors, including price, set forth in the RFP. No other factors or criteria shall be used in the evaluation.
E. Requests for Qualifications. A Request for Qualifications ("RFQ") is a document may be distributed before or separate and independent from initiation of the RFP process to gather Vendor information from multiple companies to generate a pool of prospects and facilitate the RFP review process by identifying candidates which meet desired qualifications. An RFQ may be issued and shall include a general description of the qualifications desired and the services to be procured, shall state where forms and further information may be obtained, and the time and place for the delivery of responses
3.04.090 Exceptions to Formal and Informal Competitive Process.
The solicitation and competitive processes identified in this Chapter, including but not limited to Sections 3.04.050, 3.04.060, 3.04.070, 3.04.080 and 3.04.120 shall not apply in the following circumstances.
A. Emergency.
1. In the case of an emergency, the City, by resolution with a four-fifths vote of the City Council, may declare that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, Services, Professional Services, Public Works Projects, and supplies for those purposes without giving notice for Bids or pursuing a RFP or other competitive procurement process. This emergency determination shall be made by the City Manager. The City Manager is hereby delegated the authority to order any action pursuant to the foregoing provisions of this paragraph. The City Manager shall provide a report to the City Council at the times and frequency required by Public Contract Code Section 22050 of the basis for the emergency purchase or procurement, and for the selection of the particular Vendor or contractor, and if the City Council determines that the emergency purchase or procurement was warranted, the City Council will be requested to ratify the contract. If the City Manager orders any action pursuant to the authority as specified herein, 58
Ordinance No. XXXX
then the City Manager shall report to the City Council at the times and frequency required pursuant to Section 22050 of the Public Contract Code, the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency and to allow the City Council to determine, by a four-fifths vote, that there is a need to continue the action, unless the City Manager has terminated that emergency action prior to the City Council’s reviewing of the emergency action and making a determination pursuant to this paragraph. The emergency action shall be terminated at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids or other applicable procurement process to let contracts.
2. To the extent applicable and required in connection with a particular project, transaction, funding source, or emergency, the City will adhere to federal standards in an emergency or exigent circumstance (as defined by federal law):
i. Contracts will include the required contract clauses (2 C.F.R. 200.326 and Appendix II).
ii. Contracts will include the federal bonding requirements if the contract is for construction of facility improvement (2 C.F.R. 200.325).
iii. Contracts will be awarded to a responsible contractor (2 C.F.R. 200.318.(h).
iv. Cost or price analysis will be performed to determine that the cost or price of the contract is fair and reasonable (2 C.F.R. 200.323):
a. Before receiving bids or proposals, City staff will perform a cost or price analysis to make independent estimates. The method and degree of analysis will be dependent on the facts surrounding the particular procurement situation.
b. The City will negotiate profit as a separate element of the price for each contract in which there is no price competition, and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of
subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.
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c. Costs or prices based on estimated costs for contracts are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be otherwise allowable.
v. The use of cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used (2 CFR 200.323(c)(d)).
vi. Time and materials contracts (2 CFR 200.318(j)).
a. Time and materials contracts are allowed only after a determination that no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its own risk. City will assert a high degree of oversight in order to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls. The contract will include language specifying the ceiling price and limiting duration of the contract.
vii. Piggybacking is allowed for the period of the emergency circumstance.
viii. For all work that is not of a short duration, the existing competitive procurement procedures apply.
B. Sole Source (No Competitive Advantage by Soliciting Bids). A contract may be awarded without competition when the City Manager determines in writing, after conducting a good faith review of available sources, that there is only one source for the required Goods, Services, Professional Services, Public Projects, or construction item. In the case of contracts exceeding the City Manager’s authority as set forth in Section 3.04.050.(A), the sole source determination shall be made by the City Council. A statement of the basis for the sole source determination shall be provided to the City Clerk along with the fully-executed contract.
C. Cooperative Purchasing. The City is authorized to enter into cooperative purchasing arrangements with other governmental entities (i.e., joint power authorities) without separate competitive bidding by the City if a governmental agency has solicited bids and awarded a contract for the Goods, Services, Professional Services, or Public Projects which the City desires to obtain, and participation in such an arrangement is agreeable to the bidder awarded the contract.
A contract or Purchase Order directly between the City and the Vendor is required for the purchase of Goods, procurement of Services, Professional Services, or Public Projects rendered through a cooperative purchasing arrangement. 60
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D. Piggyback Purchasing. Piggyback contracting occurs when the law authorizes a governmental entity to purchase Goods, Services, Professional Services, or Public Projects from a Vendor who was awarded a contract from the federal, state, or local government entity through a competitive bid process, and the Vendor agrees to make the Goods or Services available at the same price to the City. The City is authorized, without prior competitive bidding, to contract for the purchase of Goods, procurement of Services, Professional Services, or Public Projects with Vendors who have been awarded contracts by government agencies (including, but not limited to, California Multiple Award Schedule (CMAS) contracts), for the purchase of Goods, procurement of Services, Professional Services, or Public Projects under the competitive processes applicable to the government agency. A contract or Purchase Order directly between the City and the Vendor is required for the purchase of Goods, procurement of Services, Professional Services, or Public Projects rendered through a piggyback purchasing arrangement.
E. Exemptions. Although competitive procurement is strongly encouraged for all contracts, the following types of contracts may be awarded without competitive procurement:
1. Utility services and related charges.
2. Contracts for governmental or proprietary services provided by or with another governmental entity or quasi-public entity.
3. Real property purchases, leases, and related title and escrow fees.
4. Transportation and freight charges when not specifically indicated on a purchase order.
5. Insurance and bond premiums.
6. Advertisements in newspapers, including newspapers of general circulation, or other periodicals.
7. Works of art.
8. Professional services contracts (such as, but not necessarily limited to, environmental consultants) which are completely funded by private development applicants.
9. Purchases of books, periodicals, newspapers, trade journals and other publications.
10.Courier, delivery, messenger, medical payments, court fees, petty cash replenishment, property rentals, subscriptions, or trade circulars or books. 61
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11.Purchase of gasoline, oil, or other automobile care products in connection with the immediate use or emergency repair of City vehicles.
12.Membership dues in professional organizations, conventions, training, travel arrangements, including hotels, car rentals, and air fare.
13.With respect to purchases and non-Public works contracts that are otherwise within the delegated authority of the Purchasing Officer, when the City Manager, after consultation with the City Attorney, determines in writing that special circumstances would cause the implementation of the competitive bidding or other informal or formal bidding or competitive procurement process infeasible, impractical, or otherwise not in the best interest of the City.
14.After the City has completed the applicable steps in accordance with this Chapter to procure a particular contract or purchase, without receiving any qualified responses or viable proposals, and determines that the Goods or Services are still needed.
15.When the City Council, by a majority vote, finds that the City’s interests will be served by waiving the requirements of this Chapter for an individual contract.
16.When a specialized bidding process is required by applicable state or federal law and the City abides by that bidding process.
3.04.100 General Requirements.
The following general policies shall apply, if applicable, to: (1) the purchase of Goods (2) the procurement of Services, (3) the procurement of Professional Services, or (4) Public Works Projects.
A. Purchase Orders. Except for purchases made with a City purchase card or using an accounts payable expense form, a Purchase Order must be completed for the purchase of Goods, or the procurement of Services, Professional Services, and for Public Works Projects, in order to encumber the expenditure against the budget.
B. Insurance. A Vendor is required to provide insurance certificates and endorsements. Generally, the types of insurance, amount of coverage, and policy endorsements shall be consistent with the recommendations of City’s third-party insurance administrator(s) and the City Manager, or City Manager’s designee. The City Manager or designee may waive or reduce the insurance requirements for contracts that do not exceed $75,000 (seventy-five thousand dollars) and the basis for any waiver or reduction shall be documented. The City Council may waive or 62
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reduce the insurance requirements for contracts at their discretion, when City Council approval of a contract is required.
C. Structuring and Splitting. The structuring or splitting of the purchase of Goods, procurement of Services, Professional Services, or Public Works Projects, to avoid any applicable contract authorization limits is prohibited.
D. Delegation of Contracting Authority.
1. The City Council retains all contracting authority not specifically delegated in this Chapter or by adopted Resolution or Policy.
2. Any delegation of contracting authority contained in these policies shall only be exercised (a) in accordance with state law, City ordinances and adopted City policies and procedures, as applicable, and (b) only if adequate funds have been included in the approved City budget for the applicable year or otherwise appropriated by the City Council.
E. Local Vendor Bid Matching Opportunity.
1. Purchasing Goods and Services from Local Vendors is desired because it stimulates the local economy and recognizes Local Vendors as valued members of the Rocklin community. If the lowest bid submitted is not from a Local Vendor, but one or more Local Vendors submitted a bid that is within 5% of the lowest bid, the Local Vendor(s) shall be given an opportunity to match the lowest bid. After reviewing bids, the City will give notice to the Local Vendor with the lowest bid among those within 5% of the lowest bid will be offered the opportunity to match the lowest bid. Should the initial Local Vendor decline to match the lowest bid, the opportunity will be extended sequentially to the next lowest Local Vendor within 5% of the lowest bid, and so forth, until no Local Vendors remain eligible or willing to match the lowest bid.
2. The Local Vendor Bid Matching Opportunity does not apply to Public Works Projects, purchases procured under federal or state requirements, or cooperative or piggy-back purchases through other governmental agencies.
3. The term Local Vendor means a Vendor that has a valid City of Rocklin business license for a location within the incorporated Rocklin City limits, and employs at least one full time employee located at the Rocklin address.
F. Business License. Persons and organizations are required to obtain a City business license if they are conducting business or any gainful activity within the City, whether or not they are located in the City limits. This requirement does not apply if the Vendor’s sole business activity is pursuant to a contract with the City 63
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for Professional Services or similar consultant services, as set forth in Chapter
5.04, Business Licenses.
G. Multi-Year Contracts. Unless otherwise approved by the City Council, a contract for Goods or Services may be entered into for any period of time deemed to be in the best interest of the City, up to a maximum of five years, provided that the term of the contract and renewal provisions are included in the original solicitation process. The contract must allow the City to cancel the agreement without penalty if the City Council does not appropriate funds after the first year of the contract.
Except for legal services agreements, prior to contract renewal, amendment, or extension beyond a five-year term, departments must conduct competitive procurement in accordance with this Chapter. The City Manager may authorize an exception to this re-bid requirement for good cause, which shall be documented and maintained by the department as set forth in subdivision (K) “Recordkeeping” below.
H. Encumbrance of Funds. Except in cases of emergency, or by order of the City Council, purchase orders shall not be issued and purchases shall not be made unless there exists an unencumbered appropriation in the proper account against which the purchase is charged.
I. Cancellation of Invitations. An invitation for bids, RFP, or RFQ, may be cancelled, or any or all bids or proposals or quotes may be rejected in whole or in part as may be specified in the solicitation. Each solicitation issued by the City may be cancelled and any bid or proposal may be rejected in whole or in part at the City's discretion with or without a showing of good cause.
J. Unlawful Purchases or Contracts. If any officer or employee purchases or contracts for any Goods or Services contrary to the provisions of these policies, such purchase order or contract shall be void and of no effect.
K. Recordkeeping. Each department is responsible for maintaining its own purchasing and contracting records, including RFP and bidding documentation, pursuant to the City's current record retention policy. All original procurement contracts, along with a digital copy of RFP and bidding documentation, must be provided to the City Clerk for safekeeping/recordkeeping purposes. Copies of contracts are acceptable when the original is not available or when contracts are digitally signed.
L. Electronic notices and bidding. To the extent allowed by law, the City may issue Bid invitation and related notices and may receive Bids and supporting materials on Public Works or other contracts over the Internet, online, or by electronic means.
M. Electronic and digital signatures. In any transaction or contract between the City and a Vendor, the City and Vendor may use and accept an electronic signature, 64
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provided the electronic signature complies with applicable law and City policy. The City Manager or designee shall determine the documents for which the City may use and accept electronic or digital signatures. The City Manager or designee shall determine acceptable technologies and vendors to ensure the security and integrity of any data and signatures. In determining which technologies and vendors are acceptable for digital signatures, the City Manager or designee shall comply with applicable regulations, including, but not limited to, ensuring that the level of security used to identify the signer of a document and the level of security used to transmit the signature are sufficient for the transaction being conducted.
N. City Attorney Contract Review. The City Attorney shall approve, as to form and legality, all contracts in excess of $10,000 (ten thousand dollars), including amendments to contracts, prior to the execution of the contract. City Attorney approval on change orders to Public Works Projects is not required, but may be requested, at the discretion of the City Manager responsible for the Public Works Project. The City Attorney may, in his or her discretion, designate or assign the Assistant City Attorney, or outside legal counsel, to perform the City Attorney duties and functions of approving and signing contract documents required by this paragraph.
3.04.110 Disposition of Surplus Supplies, Materials and Equipment.
A. All City departments shall submit to the Purchasing Officer, at such times and in such form as the Purchasing Officer shall prescribe, reports showing all supplies, materials and equipment which are no longer needed or which have become obsolete or worn out. The Purchasing Officer shall have authority to sell all supplies, materials and equipment which cannot be used or which have become unsuitable for City use, or to exchange the same for, or trade in the same on, new supplies, materials and equipment. For items valued in excess of $75,000 (seventy-five thousand dollars), such sales shall be made by solicitation of informal bids/written offers for purchase. If there are no bids, the property may be sold at private sale or disposed of in the manner most economically beneficial to the City.
B. The provisions of subsection A notwithstanding, supplies and equipment which are determined by the City Manager or designee to be no longer useable by the City that may be needed and useable by another public entity or public utility providing Services for the benefit of Rocklin residents, may be offered for sale to such entities at a price determined by the City Manager or designee to be equitable to the purchaser and City. Such items may also be donated to charity or nonprofit organizations.
C. The amount received for any property sold pursuant to this Chapter shall be deposited in the general fund or other fund so designated by the Purchasing Officer.
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D. Except as provided by state code, the Purchasing Officer shall determine the disposition of unclaimed or abandoned property in the possession of the Police Department.
3.04.120 Uniform Public Construction Cost Accounting Act.
The City of Rocklin elects to be subject to the Uniform Public Construction Cost Accounting Act (UPCCAA) as set forth in Section 22000, et seq., of the California Public Contract Code (UPCCAA). Public Works contracts, including contracts for Public Projects, are governed by the California Public Contract Code and this Chapter of the Rocklin Municipal Code.
A. Public Projects of $75,000 or less. Public Projects of $75,000 (seventy-five thousand dollars) or less, or in such sum as may be authorized by California Public Contract Code Section§ 22032(a), as may be amended from time to time, may be performed by the employees of the City by force account, by negotiated contract, or by purchase order.
B. Public Projects of $220,000 or less. Public Projects of $220,000 (two hundred twenty thousand dollars) or less, or in such sum as may be authorized by California Public Contract Code Section§ 22032(b), as may be amended from time to time, may be let to contract by informal procedures as set forth in Section 22034 of the UPCCAA.
C. Contractors list. A list of contractors, identified according to categories of work, shall be developed and maintained in accordance with the provisions of California Public Contract Code Section§ 22034 and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.
D. Notice inviting informal bids.
1. Where a Public Project is to be performed which is subject to the informal bids provisions of this Chapter, a notice inviting informal bids shall be mailed to all contractors for the category of work to be Bid as shown on the list developed in accordance with the Contractors list provision set forth herein, or to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with California Public Contract Code Section§ 22036, or to all of those shown on the above-referenced Contractors list and the construction trade journals; provided, however, that if the product or service is proprietary in nature such that the City determines it can only be obtained from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.
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2. The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project, and state the time and place for the submission of Bids.
3. All mailing of notices to contractors or construction trade journals shall be completed not less than ten (10) calendar days before Bids are due. For the purpose of this section, “mailing” shall include deposit with the United States Postal Service or equivalent delivery services, electronic mail or other electronic means, facsimile transmissions, or personal service.
E. The City Council may delegate the authority to award and execute informal contracts for Public Projects of $220,000 (two hundred twenty thousand dollars) or less or as otherwise authorized by California Public Contract Code 22032(a) or (b), as may be amended from time to time, to the City Manager or designee.
F. If all Bids received are in excess of $220,000 (two hundred twenty thousand dollars), the City Council may, by adoption of a resolution by a four-fifths vote, award the contract, at $235,000 (two hundred thirty-five thousand dollars) or less, or in such sum as may be authorized by California Public Contract Code Section§ 22034(d), to the lowest responsible bidder, if it determines the cost estimate of the City was reasonable.
G. Public Projects of more than $220,000. Public Projects of more than $220,000 (two hundred twenty thousand dollars), or in such sum as may be authorized by California Public Contract Code Section§ 22032(c), shall, except as otherwise provided in the UPCCAA, be let to contract by formal bidding (competitive sealed bid) procedure.
H. Bonds.
1. For Public Works Projects, Bids must include Bid Security in the form required by state law. The City may require a bid bond with any Bid, or a performance bond before entering into a contract, in such amount as it finds reasonably necessary to protect the best interests of the City. The form and amount of any bond shall be described in the notice inviting Bids.
2. The City shall require a payment bond, for one hundred percent of the amount of the contract on Public Works Projects in excess of $25,000 (twenty-five thousand dollars), unless the law authorizes an alternative amount.
I. In cases of emergency. In cases of emergency when repair or replacements are necessary, the governing body may proceed at once to replace or repair any facility without adopting plans, specifications, strain sheets, or working details, or giving notice for Bids to let contracts. The work may be done by day labor under the direction of the governing body, by contractor, or by a combination of the two. If, 67
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due to the emergency, no notice for Bids to let a contract will be given, the City will comply with Public Contract Code Section 22050, as may be implemented by the City from time to time.
J. Rejection of Bids. In its discretion, the City may reject any Bids presented in accordance with Section 22038 of the UPCCAA.
Section 4. Severability. If any section, sub-section, 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 the Ordinance. City Council hereby declares that it would have adopted the Ordinance and each section, sub-section, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases or portions to be declared invalid or unconstitutional.
Section 5. Environmental Analysis. The City Council hereby finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060, Subdivision (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061, Subdivision (b)(3) (there is no possibility the activity in question may have a significant effect on the environment).
Section 6. Effective Date . This ordinance shall become effective March 1, 2025.
Section 7. Publication. Within fifteen (15) days of the passage of this ordinance, the City Clerk shall cause the full text of the ordinance, with the names of those City Council members voting for and against the ordinance, to be published in the Placer Herald. In lieu of publishing the full text of the ordinance, the City Clerk, if so directed by the City Attorney and within fifteen (15) days, shall cause a summary of the ordinance, prepared by the City Attorney and with the names of the City Council members voting for and against the ordinance, to be published in the Placer Herald, and shall post in the office of the City Clerk a certified copy of the full text of the ordinance, along with the names of those City Council members voting for and against the ordinance. The publication of a summary of the ordinance in lieu of the full text of the ordinance is authorized only where the requirements of Government Code section 36933(c)(1) are met.
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Ordinance No. XXXX
INTRODUCED at a regular meeting of the City Council of the City of Rocklin held on January 14, 2025, by the following vote:
AYES: Councilmembers: Bass, Broadway, Gayaldo, Halldin, Janda NOES: None
ABSENT: None
ABSTAIN: None
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Rocklin held on January 28, 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
____________________________________
Jill Gayaldo, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
First Reading: 01.14.2025
Second Reading: 01.28.2025
Effective Date:
69 City Council
Staff Report
Subject:
Rocklin Municipal Code Updates Related to Procurement, Purchases, and Contracts
Date:
January 14, 2025
Submitted By:
Daniel Choe, Deputy Director of Administrative Services Department:
Administrative Services - Finance
Recommendation:
Conduct a Discussion and Consider the Following Action:
A
.
Introduce, Waive the Full Reading and Read by Title Only, an Ordinance of the City Council of the City of Rocklin Repealing and Re-Enacting Chapter 3.04 of the Rocklin Municipal Code Regarding Procurement, Purchases, and Contracts.
B
.
Adopt a Resolution of the City Council of the City of Rocklin Electing to Become Subject to the Uniform Public Construction Cost Accounting Act.
Background:
The City of Rocklin's Procurement Ordinance, codified in Chapter 3.04 of the Rocklin Municipal Code, is an important framework for acquiring goods, services, professional services, and public works projects. The ordinance was last updated in 2019 with the adoption of Ordinance No. 1113, which clarified sourcing practices and the establishment of authorization limits and bidding requirements. However, as procurement and contracting needs and best practices evolve, further updates are necessary to ensure the ordinance remains efficient, effective, and equitable.
Several key challenges have been identified with the current ordinance. First, its reliance on provisions from the California Public Works Contract Code, which are specifically designed for public works projects, often leads to processes that are not well-suited for other types of procurement. This misalignment creates inefficiencies and limits operational flexibility. Second, some procedural steps included in the ordinance would be more appropriately addressed through administrative policies. Incorporating these steps into the ordinance unnecessarily prolongs procurement timelines without providing proportional benefits in efficiency or effectiveness. Lastly, certain sections of the ordinance require additional clarification and changes to promote consistent application.
One of the other main purpose of the Ordinance is to effectuate the delegation of contracting authority from the City Council to the City Manager or Purchasing Agent. In general, the City Council must approve all contracts entered into by the City. However, the City Council may delegate the authority to the City Manager or other designed officials, allowing them to enter Item Number D1.
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into and bind the City to contracts by Ordinance. The Ordinance includes recommended provisions for this delegation.
To address these challenges, a number of updates to the ordinance are proposed. These updates include clearer definitions of the types of purchases, contracts, and procurements governed by the ordinance, as well as specified exemptions for transactions that fall outside its scope. Additionally, provisions to prioritize local vendors will be enhanced to support economic development within the City. Specifically, the updated ordinance includes a provision allowing local vendors to match the lowest bid if their bid is within 5% of that amount.
This aims to provide local vendors with an opportunity to compete more effectively in the bidding process, and recognizing their contributions as valued members of the Rocklin community. The City Manager’s authority for purchasing and contracting will be increased from $50,000 to $75,000, which reflects regional average based on a comparative study of 19 similar jurisdictions. This change also introduces greater flexibility for the City Manager to delegate purchasing authority while clarifying the respective roles and responsibilities of the City Attorney in procurement processes. Other provisions affirm the City Attorney's authority to enter into certain legal services agreements up to $100,000.
Further refinements are proposed for formal bidding (competitive sealed bid) process, requests for proposals, and requests for qualifications, along with exceptions to competitive procurement. Examples of these exceptions include travel expenses, utility services, insurance premiums, and advertising costs. The updated Ordinance will also integrate the Uniform Public Construction Cost Accounting Act (UPCCAA), as established in Section 22000 of the California Public Contract Code (CPCC). This voluntary program allows participating cities to streamline public works project contracting by raising the threshold for informal procedures to $220,000. Public work projects more than $220,000 will still require competitive formal bidding. This is a significant increase from the current $5,000 as codified in CPCC section 20160, et seq., which requires that general law cities in California competitively bid all public works projects in excess of $5,000. By participating in the UPCCAA, the City can streamline project timelines while remaining compliant with statutory requirements. The City retains the flexibility to opt out of the program through a formal resolution if priorities change in the future.
These updates offer numerous benefits to the City. Streamlined processes, including an increased informal bidding threshold, will reduce administrative burdens and expedite procurement activities. Enhanced clarity in the ordinance will support efficient procurement and contracting for goods, equipment, supplies, services, and public projects. It will ensure the lowest possible cost while maintaining the required quality, maximize the value of public funds, and strengthen financial controls. By modernizing the ordinance, the City will enhance accountability, adaptability, and operational efficiency, ultimately better serving its residents.
Staff recommends the City Council introduce the proposed Procurement, Purchases, and Contracts Ordinance (Attachment 1). Additionally, if the proposed Ordinance is introduced, staff recommends adopting the resolution (Attachment 2) to opt into the Uniform Public Construction Cost Accounting Act. These changes will better position the City to navigate the complexities of modern procurement, ensuring efficient and effective stewardship of public resources.
Fiscal Impact:
There is no direct fiscal impact from the staff recommendation.
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ATTACHMENTS:
1. Ordinance
2. Resolution - UPCCAA
372
Ordinance No. XXXX
ORDINANCE NO. XXXX
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
REPEALING AND RE-ENACTING CHAPTER 3.04 OF THE ROCKLIN MUNICIPAL
CODE REGARDING THE PROCUREMENT, PURCHASES, AND CONTRACTS The City Council of the City of Rocklin does ordain as follows:
Section 1. Purpose and Intent. Chapter 3.04 of the Rocklin Municipal Code (RMC), entitled “Procurement,” is set forth local policies and procedures for City purchasing of supplies and procurement of services in accordance with California Government Code sections 54202 and 54203.
Section 2. Authority. The City Council enacts this ordinance under the authority granted to cities by Article XI, Section 7 of the California Constitution and Government Code sections 37100, 54202, 54203.
Section 3. Repeal and Re-Enact. Chapter 3.04 of Title 3 of the Rocklin Municipal Code regarding the Procurement, Purchases, and Contracts is hereby repealed and re-enacted to read as follows:
Chapter 3.04 – Procurement, Purchases, and Contracts
Sections:
3.04.010 Purpose and Intent
3.04.020 Applicability
3.04.025 Exempt Contracts
3.04.030 Definitions
3.04.040 Purchasing Officer
3.04.050 Contracting Authority
3.04.060 Contracts for Designated Professional Services
3.04.070 Formal Bids – Competitive Sealed Bid Process
3.04.080 Request for Proposals or Qualifications
3.04.090 Exceptions to Formal and Informal Competitive Process
3.04.100 General Requirements
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3.04.110 Disposition of Surplus Supplies, Materials and Equipment
3.04.120 Uniform Public Construction Cost Accounting Act
3.04.010 Purpose and Intent.
This Chapter establishes policies and procedures to: (1) procure and contract for the purchase of Goods, equipment, supplies, Services, Public Projects, and construction of Public Works, at the lowest possible cost, commensurate with the quality needed; (2) maximize the purchasing value of all public funds; (3) exercise effective and efficient financial control over such transactions and contracts; (4) clearly define authority for the purchasing and contracting functions; and (5) to assure the quality of purchases, Services, and Public Works
3.04.020 Applicability.
The provisions of this Chapter, as well as any applicable state or federal laws, shall apply to (1) the purchase of equipment, supplies, furnishings, products, or materials ("Goods"), (2) the procurement of Services, (3) the procurement of Professional Services; and (4) Public Works Projects (Public Projects), funded by public funds of the City of Rocklin or other governmental entities. The provisions of this Chapter shall not apply to the acquisition or disposition of interests in real property.
3.04.025 Exempt Contracts.
Except as set forth below, the following purchases or contracts are exempted from obtaining competitive bids and proposals:
A. Annual Membership Dues. Membership dues for professional organizations and civic organizations that may charge an annual or other membership fees. Such contracts may be entered into and/or membership fees paid at the direction of the City Manager, without prior City Council approval, provided there is adequate funding allocated in the City budget.
B. Other Contracts. Such other contracts as the City Council in their discretion, finds by resolution are not susceptible to the procurement, purchasing, or contracting procedures set forth in this Chapter.
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3.04.030 Definitions.
The following terms, whenever used in this Chapter, shall be construed as follows:
A. "Best Value" means the best value to the City based on all factors, including but not limited to: cost; contractor's ability, capacity or skill; ability to perform within the time required; character, integrity, reputation, judgment, experience and efficiency; quality of contractor's performance on previous purchases or contracts, if applicable; and the ability of the contractor to provide future maintenance, repair, parts and Services, if necessary.
B. "Bid" means a written offer to furnish supplies, equipment, material, Services, Professional Services or the construction of Public Works Project, in conformity with the specifications, delivery terms, and conditions required, at a guaranteed maximum cost.
C. "Bid Security" means financial security provided to guarantee that a bidder will enter into a contract with the City if a Bid is awarded. It may be in the form of cash, cashier's check, certified check, or surety bond, in an amount not less than ten percent of the aggregate amount of the Bid or other amount as required by law or determined or approved by the City Council.
D. "Goods" means supplies, equipment, products, and materials, including any and all articles, things or personal property furnished to or used by the City or any City department or agency.
E. "Professional Services" means work performed by architectural, landscape architectural, engineering, environmental, land surveying, construction project management, and specialized Professional Services such as financial, economic, accounting, legal, lobbying firms, and other specially trained persons and associated administrative matters. The selection of persons or firms to provide such Professional Services shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the Services required. Price may be considered after making a determination based upon professional qualifications.
F. "Public Project" (also referred to as “Public Works Project” or “Public Works”) shall have the same meaning provided in Section 22002 of the Public Contract Code, as may be amended from time to time. Public Project does not include “maintenance work,” which, for purposes of this Chapter, has the same meaning as provided in Section 22002 of the Public Contract Code, as may be amended from time to time.
G. "Purchase Order (PO)" means a document memorializing a purchase of Goods, procurement of Services, Professional Services, or Public Projects from a Vendor or authorizing the payment of funds for a purchase or service. 675
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H. "Quote" means a verbal or written promise from a Vendor, contractor, business, or consultant guaranteeing to provide certain Goods, Services, Professional Services, or Public Projects for a fixed price.
I. "Request for Proposal” or (“RFP”) means a solicitation for competitive proposals that state the technical specifications, requirements, and outcomes for the Services desired, including the price thereof.
J. "Request for Qualifications” or (“RFQ”) means a request seeking a written presentation of the professional qualifications and experience of a proposed consultant, Vendor, business or contractor.
K. "Services" means the furnishing of labor, time or effort to perform or complete a designated task project. Some parts and Goods may be provided by service providers that are necessary and integral to the completion of the contracted Services. Some examples of Services include janitorial, landscaping, and pest control. The emphasis is on physical, rather than professional/intellectual capabilities. Services do not include Public Projects, Public Works Projects, construction, utility services, insurance services, Professional Services, services rendered by City officers or employees, or another governmental agency, or contractual services which are in their nature unique or not subject to competition.
L. "Vendor" means a supplier of Goods, Services, Professional Services, or Public Projects. A Vendor may also be referred to generally as a consultant, contractor, or business, except that with respect to Public Projects, the term contractor has the meaning ascribed to it in the Public Contract Code and other applicable law.
3.04.040 Purchasing Officer.
A. The City Manager is the City's Purchasing Officer, and with the exception of contracts for legal services, supervises the purchasing and contracting functions described in this Chapter. The Purchasing Officer is responsible for the overall administration of the requirements and policies codified in this Chapter. The Purchasing Officer may delegate authority, in writing, to Department Directors (Designee) within the City to purchase certain Goods, Services, or Professional Services, when such a delegation is necessary for the efficient procurement of Goods, Services, or construction and provided that the exercise by the Designee of such delegated authority otherwise complies with this Chapter.
B. The City Attorney is the City’s Purchasing Officer for all contracts for legal services.
3.04.050 Contracting Authority.
A. Authority of the City Manager. The City Council hereby authorizes the City Manager to execute any contract up to $75,000 (seventy-five thousand dollars) in 776
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total compensation, subject to approval as to legal form by the City Attorney, the availability of funds, and compliance with this Chapter.
B. Contracts for Legal Services. Contracts for legal services may be executed by the City Attorney for up to $100,000 (one hundred thousand dollars) for terms of up to five years or until the conclusion of all matters assigned to the outside law firm under the subject contract, whichever date is later.
C. Award of contract by City Council. Unless otherwise provided in this Chapter or applicable City Council Resolution, all contracts for an amount exceeding $75,000 (seventy-five thousand dollars) must be authorized by the City Council.
D. Informal Solicitation of Bids, Proposals, and Small Purchases. Contracts for Goods or Services for an amount up to $75,000 (seventy-five thousand dollars) may be made in accordance with the informal solicitation and small purchase procedures authorized in this section.
1. Informal Bids or Quotes. No fewer than three businesses shall be solicited to submit Bids or Quotes. Award shall be made to the business offering the lowest responsive Quote or Bid.
2. Small Purchases of up to $10,000. At the discretion of the Purchasing Officer, purchases of up to $10,000 (ten thousand dollars) may be made on the open market without competitive (formal) or informal solicitation, Bids or Quotes, or Request for Proposals
3.04.060 Contracts for Designated Professional Services.
Contracts for Professional Services not conducive to bidding including, but not limited to, accountants, appraisers, archaeologists, architects, attorneys, consultants, engineers, physicians, and real estate brokers may be awarded using a Request for Proposal process, without Formal or other Bids, as provided in this section, or may be awarded on the basis of responses to informal bids or Request for Qualifications.
A. Responses to a Request for Proposals, or statements of qualifications, shall include the following information: scope of work; plans and specifications, if applicable; time; schedule; cost; rates, if applicable; insurance requirements; and list of key individuals or employees who will be assigned to the project, and their qualifications; and any other information the City may wish in its discretion to include.
B. Proposals will be reviewed and evaluated according to: experience and expertise in the field; quality of consultant’s work; ability of firm or consultant to meet project deadlines; demonstrated competence necessary for the performance of the services required; professional qualifications; overall cost of the service; and past performance on similar projects.
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C. Prior to selecting a service provider, the City may engage in discussions and negotiations with one or more parties submitting proposals to refine the proposals, negotiate the terms of proposals, or negotiate the fees, charges or other elements of the proposals.
D. In the event there is only one individual or firm that can provide or is especially suited to providing the required professional service in a timely manner, the Purchasing Officer may waive the requirements for solicitation of multiple proposals.
3.04.070 Formal Bids – Competitive Sealed Bid Process.
Either the Formal Bid (competitive sealed bid) process, or Request for Proposal process, shall be used for the purchase of Goods, equipment, or procurement of Services in an amount more than $75,000 (seventy-five thousand dollars), except that the limit for Public Works Projects requiring formal bids is set forth in section 3.04.120.
A. Invitation and Notice. A Bid invitation and the public notice inviting Bids shall be issued and shall state the project to be done; include a general description of the work to be Bid; the place the Bids are to be received and the time by which they shall be received; the type and character of bidder’s security required, if any; where bidding forms and project documents, including final plans and specifications may be obtained; whether there will be a mandatory pre-bid conference, site visit, etc.; and the time and place for opening Bids.
In addition to the foregoing, contracts for Public Works Projects requiring formal bids shall also comply with the following requirements: The notice inviting formal bids for a Public Works Project shall be published at least 14 calendar days before the date of opening the Bids in a newspaper of general circulation, as that term is defined and used in California Public Contract Code Section 22037. Such notice inviting formal bids shall also be sent electronically, if available, by either facsimile or electronic mail and mailed to all construction trade journals specified in California Public Contract Code section 22036 at least 15 calendar days before the date of opening the Bids.
B. Bid Opening. Bids shall be submitted to the City Clerk and shall be identified as Bids on the envelope. Bids shall be opened publicly in the presence of one or more witnesses at the place and not earlier than the time designated in the invitation for Bids. The tabulation of all Bids received shall be open to public inspection after the bid opening.
C. Bid Evaluation and Acceptance. Bids received at or prior to the time set for bid opening shall be unconditionally accepted without alteration or correction, except as authorized in this Chapter. Bids shall be evaluated based on the requirements set forth in the invitation for Bids, which may include criteria to determine 978
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acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose, and other appropriate factors as determined by the City in its discretion. Those criteria that will affect the Bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation costs, and total or life cycle costs. The invitation for Bids shall set forth the evaluation criteria to be used. No criteria may be used in Bid evaluation that are not set forth in the invitation for Bids. City may waive any informality, irregularity, immaterial defects or technicalities in any Bid or response.
D. Correction or Withdrawal of Bids. Subject to any provisions of federal or state granting authorities to the contrary, correction or withdrawal of inadvertently erroneous Bids before or after bid opening, or cancellation of awards or contracts based on such bid mistakes, shall be in accordance with this section. Mistakes discovered before bid opening may be modified or withdrawn by written notice received in the manner designated in the invitation for bids prior to the time set for bid opening. After bid opening, no corrections to bid or provisions shall be permitted but, in lieu of bid correction, a low bidder alleging a material mistake of fact may be permitted to withdraw its bid if allowed pursuant to applicable law or:
(a) the mistake is clearly evident on the face of the bid document, or (b) the bidder submits evidence that clearly and convincingly demonstrates that a mistake was made. All decisions to permit the correction or withdrawal of bids shall be supported by a written determination made by the City.
E. Award. The contract shall be awarded to the lowest responsive and responsible bidder following the process of selecting the Bid that meets the requirements and criteria set forth in the invitation for Bids, this Chapter, and applicable law
3.04.080 Request for Proposals or Qualifications.
Purchases of Services of an estimated value greater than $75,000 (seventy-five thousand dollars) shall be awarded in accordance with this section or by formal Bid, excepting legal services and Public Works Projects.
A. Request for Proposals and Notice. A notice requesting proposals ("RFP") shall be issued and shall include a general description of the services to be procured, shall state where proposal forms and specifications may be obtained and the time and place for the delivery of proposals.
B. Evaluation Factors. The RFP shall identify all evaluation factors that will be used by the City, and the relative importance of the evaluation factors, including price.
C. Interviews with Responsible Vendors and Revisions to Proposals. The City may, at its sole discretion, conduct interviews and negotiations with Vendors whose proposals are responsive to the RFP, for the purpose of gaining full understanding of the proposal contents. Vendors shall be accorded consistent treatment with respect to any opportunity for discussion and revision of proposals. Such revisions 1079
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may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of the identity of competing Vendors or any information derived from proposals submitted by competing Vendors prior to the conclusion of contract negotiations and final acceptance of contract terms and conditions, unless otherwise required by law or court order.
D. Award. Award shall be made to the responsible Vendor whose proposal is determined in writing to be the most advantageous to the City, taking into consideration the evaluation factors, including price, set forth in the RFP. No other factors or criteria shall be used in the evaluation.
E. Requests for Qualifications. A Request for Qualifications ("RFQ") is a document may be distributed before or separate and independent from initiation of the RFP process to gather Vendor information from multiple companies to generate a pool of prospects and facilitate the RFP review process by identifying candidates which meet desired qualifications. An RFQ may be issued and shall include a general description of the qualifications desired and the services to be procured, shall state where forms and further information may be obtained, and the time and place for the delivery of responses
3.04.090 Exceptions to Formal and Informal Competitive Process.
The solicitation and competitive processes identified in this Chapter, including but not limited to Sections 3.04.050, 3.04.060, 3.04.070, 3.04.080 and 3.04.120 shall not apply in the following circumstances.
A. Emergency.
1. In the case of an emergency, the City, by resolution with a four-fifths vote of the City Council, may declare that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, Services, Professional Services, Public Works Projects, and supplies for those purposes without giving notice for Bids or pursuing a RFP or other competitive procurement process. This emergency determination shall be made by the City Manager. The City Manager is hereby delegated the authority to order any action pursuant to the foregoing provisions of this paragraph. The City Manager shall provide a report to the City Council at the times and frequency required by Public Contract Code Section 22050 of the basis for the emergency purchase or procurement, and for the selection of the particular Vendor or contractor, and if the City Council determines that the emergency purchase or procurement was warranted, the City Council will be requested to ratify the contract. If the City Manager orders any action pursuant to the authority as specified herein, 1180
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then the City Manager shall report to the City Council at the times and frequency required pursuant to Section 22050 of the Public Contract Code, the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency and to allow the City Council to determine, by a four-fifths vote, that there is a need to continue the action, unless the City Manager has terminated that emergency action prior to the City Council’s reviewing of the emergency action and making a determination pursuant to this paragraph. The emergency action shall be terminated at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids or other applicable procurement process to let contracts.
2. To the extent applicable and required in connection with a particular project, transaction, funding source, or emergency, the City will adhere to federal standards in an emergency or exigent circumstance (as defined by federal law):
i. Contracts will include the required contract clauses (2 C.F.R. 200.326 and Appendix II).
ii. Contracts will include the federal bonding requirements if the contract is for construction of facility improvement (2 C.F.R. 200.325).
iii. Contracts will be awarded to a responsible contractor (2 C.F.R. 200.318.(h).
iv. Cost or price analysis will be performed to determine that the cost or price of the contract is fair and reasonable (2 C.F.R. 200.323):
a. Before receiving bids or proposals, City staff will perform a cost or price analysis to make independent estimates. The method and degree of analysis will be dependent on the facts surrounding the particular procurement situation.
b. The City will negotiate profit as a separate element of the price for each contract in which there is no price competition, and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of
subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.
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c. Costs or prices based on estimated costs for contracts are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be otherwise allowable.
v. The use of cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used (2 CFR 200.323(c)(d)).
vi. Time and materials contracts (2 CFR 200.318(j)).
a. Time and materials contracts are allowed only after a determination that no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its own risk. City will assert a high degree of oversight in order to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls. The contract will include language specifying the ceiling price and limiting duration of the contract.
vii. Piggybacking is allowed for the period of the emergency circumstance.
viii. For all work that is not of a short duration, the existing competitive procurement procedures apply.
B. Sole Source (No Competitive Advantage by Soliciting Bids). A contract may be awarded without competition when the City Manager determines in writing, after conducting a good faith review of available sources, that there is only one source for the required Goods, Services, Professional Services, Public Projects, or construction item. In the case of contracts exceeding the City Manager’s authority as set forth in Section 3.04.050.(A), the sole source determination shall be made by the City Council. A statement of the basis for the sole source determination shall be provided to the City Clerk along with the fully-executed contract.
C. Cooperative Purchasing. The City is authorized to enter into cooperative purchasing arrangements with other governmental entities (i.e., joint power authorities) without separate competitive bidding by the City if a governmental agency has solicited bids and awarded a contract for the Goods, Services, Professional Services, or Public Projects which the City desires to obtain, and participation in such an arrangement is agreeable to the bidder awarded the contract.
A contract or Purchase Order directly between the City and the Vendor is required for the purchase of Goods, procurement of Services, Professional Services, or Public Projects rendered through a cooperative purchasing arrangement. 1382
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D. Piggyback Purchasing. Piggyback contracting occurs when the law authorizes a governmental entity to purchase Goods, Services, Professional Services, or Public Projects from a Vendor who was awarded a contract from the federal, state, or local government entity through a competitive bid process, and the Vendor agrees to make the Goods or Services available at the same price to the City. The City is authorized, without prior competitive bidding, to contract for the purchase of Goods, procurement of Services, Professional Services, or Public Projects with Vendors who have been awarded contracts by government agencies (including, but not limited to, California Multiple Award Schedule (CMAS) contracts), for the purchase of Goods, procurement of Services, Professional Services, or Public Projects under the competitive processes applicable to the government agency. A contract or Purchase Order directly between the City and the Vendor is required for the purchase of Goods, procurement of Services, Professional Services, or Public Projects rendered through a piggyback purchasing arrangement.
E. Exemptions. Although competitive procurement is strongly encouraged for all contracts, the following types of contracts may be awarded without competitive procurement:
1. Utility services and related charges.
2. Contracts for governmental or proprietary services provided by or with another governmental entity or quasi-public entity.
3. Real property purchases, leases, and related title and escrow fees.
4. Transportation and freight charges when not specifically indicated on a purchase order.
5. Insurance and bond premiums.
6. Advertisements in newspapers, including newspapers of general circulation, or other periodicals.
7. Works of art.
8. Professional services contracts (such as, but not necessarily limited to, environmental consultants) which are completely funded by private development applicants.
9. Purchases of books, periodicals, newspapers, trade journals and other publications.
10.Courier, delivery, messenger, medical payments, court fees, petty cash replenishment, property rentals, subscriptions, or trade circulars or books. 1483
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11.Purchase of gasoline, oil, or other automobile care products in connection with the immediate use or emergency repair of City vehicles.
12.Membership dues in professional organizations, conventions, training, travel arrangements, including hotels, car rentals, and air fare.
13.With respect to purchases and non-Public works contracts that are otherwise within the delegated authority of the Purchasing Officer, when the City Manager, after consultation with the City Attorney, determines in writing that special circumstances would cause the implementation of the competitive bidding or other informal or formal bidding or competitive procurement process infeasible, impractical, or otherwise not in the best interest of the City.
14.After the City has completed the applicable steps in accordance with this Chapter to procure a particular contract or purchase, without receiving any qualified responses or viable proposals, and determines that the Goods or Services are still needed.
15.When the City Council, by a majority vote, finds that the City’s interests will be served by waiving the requirements of this Chapter for an individual contract.
16.When a specialized bidding process is required by applicable state or federal law and the City abides by that bidding process.
3.04.100 General Requirements.
The following general policies shall apply, if applicable, to: (1) the purchase of Goods (2) the procurement of Services, (3) the procurement of Professional Services, or (4) Public Works Projects.
A. Purchase Orders. Except for purchases made with a City purchase card or using an accounts payable expense form, a Purchase Order must be completed for the purchase of Goods, or the procurement of Services, Professional Services, and for Public Works Projects, in order to encumber the expenditure against the budget.
B. Insurance. A Vendor is required to provide insurance certificates and endorsements. Generally, the types of insurance, amount of coverage, and policy endorsements shall be consistent with the recommendations of City’s third-party insurance administrator(s) and the City Manager, or City Manager’s designee. The City Manager or designee may waive or reduce the insurance requirements for contracts that do not exceed $75,000 (seventy-five thousand dollars) and the basis for any waiver or reduction shall be documented. The City Council may waive or 1584
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reduce the insurance requirements for contracts at their discretion, when City Council approval of a contract is required.
C. Structuring and Splitting. The structuring or splitting of the purchase of Goods, procurement of Services, Professional Services, or Public Works Projects, to avoid any applicable contract authorization limits is prohibited.
D. Delegation of Contracting Authority.
1. The City Council retains all contracting authority not specifically delegated in this Chapter or by adopted Resolution or Policy.
2. Any delegation of contracting authority contained in these policies shall only be exercised (a) in accordance with state law, City ordinances and adopted City policies and procedures, as applicable, and (b) only if adequate funds have been included in the approved City budget for the applicable year or otherwise appropriated by the City Council.
E. Local Vendor Bid Matching Opportunity.
1. Purchasing Goods and Services from Local Vendors is desired because it stimulates the local economy and recognizes Local Vendors as valued members of the Rocklin community. If the lowest bid submitted is not from a Local Vendor, but one or more Local Vendors submitted a bid that is within 5% of the lowest bid, the Local Vendor(s) shall be given an opportunity to match the lowest bid. After reviewing bids, the City will give notice to the Local Vendor with the lowest bid among those within 5% of the lowest bid will be offered the opportunity to match the lowest bid. Should the initial Local Vendor decline to match the lowest bid, the opportunity will be extended sequentially to the next lowest Local Vendor within 5% of the lowest bid, and so forth, until no Local Vendors remain eligible or willing to match the lowest bid.
2. The Local Vendor Bid Matching Opportunity does not apply to Public Works Projects, purchases procured under federal or state requirements, or cooperative or piggy-back purchases through other governmental agencies.
3. The term Local Vendor means a Vendor that has a valid City of Rocklin business license for a location within the incorporated Rocklin City limits, and employs at least one full time employee located at the Rocklin address.
F. Business License. Persons and organizations are required to obtain a City business license if they are conducting business or any gainful activity within the City, whether or not they are located in the City limits. This requirement does not apply if the Vendor’s sole business activity is pursuant to a contract with the City 1685
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for Professional Services or similar consultant services, as set forth in Chapter
5.04, Business Licenses.
G. Multi-Year Contracts. Unless otherwise approved by the City Council, a contract for Goods or Services may be entered into for any period of time deemed to be in the best interest of the City, up to a maximum of five years, provided that the term of the contract and renewal provisions are included in the original solicitation process. The contract must allow the City to cancel the agreement without penalty if the City Council does not appropriate funds after the first year of the contract.
Except for legal services agreements, prior to contract renewal, amendment, or extension beyond a five-year term, departments must conduct competitive procurement in accordance with this Chapter. The City Manager may authorize an exception to this re-bid requirement for good cause, which shall be documented and maintained by the department as set forth in subdivision (K) “Recordkeeping” below.
H. Encumbrance of Funds. Except in cases of emergency, or by order of the City Council, purchase orders shall not be issued and purchases shall not be made unless there exists an unencumbered appropriation in the proper account against which the purchase is charged.
I. Cancellation of Invitations. An invitation for bids, RFP, or RFQ, may be cancelled, or any or all bids or proposals or quotes may be rejected in whole or in part as may be specified in the solicitation. Each solicitation issued by the City may be cancelled and any bid or proposal may be rejected in whole or in part at the City's discretion with or without a showing of good cause.
J. Unlawful Purchases or Contracts. If any officer or employee purchases or contracts for any Goods or Services contrary to the provisions of these policies, such purchase order or contract shall be void and of no effect.
K. Recordkeeping. Each department is responsible for maintaining its own purchasing and contracting records, including RFP and bidding documentation, pursuant to the City's current record retention policy. All original procurement contracts, along with a digital copy of RFP and bidding documentation, must be provided to the City Clerk for safekeeping/recordkeeping purposes. Copies of contracts are acceptable when the original is not available or when contracts are digitally signed.
L. Electronic notices and bidding. To the extent allowed by law, the City may issue Bid invitation and related notices and may receive Bids and supporting materials on Public Works or other contracts over the Internet, online, or by electronic means.
M. Electronic and digital signatures. In any transaction or contract between the City and a Vendor, the City and Vendor may use and accept an electronic signature, 1786
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provided the electronic signature complies with applicable law and City policy. The City Manager or designee shall determine the documents for which the City may use and accept electronic or digital signatures. The City Manager or designee shall determine acceptable technologies and vendors to ensure the security and integrity of any data and signatures. In determining which technologies and vendors are acceptable for digital signatures, the City Manager or designee shall comply with applicable regulations, including, but not limited to, ensuring that the level of security used to identify the signer of a document and the level of security used to transmit the signature are sufficient for the transaction being conducted.
N. City Attorney Contract Review. The City Attorney shall approve, as to form and legality, all contracts in excess of $10,000 (ten thousand dollars), including amendments to contracts, prior to the execution of the contract. City Attorney approval on change orders to Public Works Projects is not required, but may be requested, at the discretion of the City Manager responsible for the Public Works Project. The City Attorney may, in his or her discretion, designate or assign the Assistant City Attorney, or outside legal counsel, to perform the City Attorney duties and functions of approving and signing contract documents required by this paragraph.
3.04.110 Disposition of Surplus Supplies, Materials and Equipment.
A. All City departments shall submit to the Purchasing Officer, at such times and in such form as the Purchasing Officer shall prescribe, reports showing all supplies, materials and equipment which are no longer needed or which have become obsolete or worn out. The Purchasing Officer shall have authority to sell all supplies, materials and equipment which cannot be used or which have become unsuitable for City use, or to exchange the same for, or trade in the same on, new supplies, materials and equipment. For items valued in excess of $75,000 (seventy-five thousand dollars), such sales shall be made by solicitation of informal bids/written offers for purchase. If there are no bids, the property may be sold at private sale or disposed of in the manner most economically beneficial to the City.
B. The provisions of subsection A notwithstanding, supplies and equipment which are determined by the City Manager or designee to be no longer useable by the City that may be needed and useable by another public entity or public utility providing Services for the benefit of Rocklin residents, may be offered for sale to such entities at a price determined by the City Manager or designee to be equitable to the purchaser and City. Such items may also be donated to charity or nonprofit organizations.
C. The amount received for any property sold pursuant to this Chapter shall be deposited in the general fund or other fund so designated by the Purchasing Officer.
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D. Except as provided by state code, the Purchasing Officer shall determine the disposition of unclaimed or abandoned property in the possession of the Police Department.
3.04.120 Uniform Public Construction Cost Accounting Act.
The City of Rocklin elects to be subject to the Uniform Public Construction Cost Accounting Act (UPCCAA) as set forth in Section 22000, et seq., of the California Public Contract Code (UPCCAA). Public Works contracts, including contracts for Public Projects, are governed by the California Public Contract Code and this Chapter of the Rocklin Municipal Code.
A. Public Projects of $75,000 or less. Public Projects of $75,000 (seventy-five thousand dollars) or less, or in such sum as may be authorized by California Public Contract Code Section§ 22032(a), as may be amended from time to time, may be performed by the employees of the City by force account, by negotiated contract, or by purchase order.
B. Public Projects of $220,000 or less. Public Projects of $220,000 (two hundred twenty thousand dollars) or less, or in such sum as may be authorized by California Public Contract Code Section§ 22032(b), as may be amended from time to time, may be let to contract by informal procedures as set forth in Section 22034 of the UPCCAA.
C. Contractors list. A list of contractors, identified according to categories of work, shall be developed and maintained in accordance with the provisions of California Public Contract Code Section§ 22034 and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.
D. Notice inviting informal bids.
1. Where a Public Project is to be performed which is subject to the informal bids provisions of this Chapter, a notice inviting informal bids shall be mailed to all contractors for the category of work to be Bid as shown on the list developed in accordance with the Contractors list provision set forth herein, or to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with California Public Contract Code Section§ 22036, or to all of those shown on the above-referenced Contractors list and the construction trade journals; provided, however, that if the product or service is proprietary in nature such that the City determines it can only be obtained from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.
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2. The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project, and state the time and place for the submission of Bids.
3. All mailing of notices to contractors or construction trade journals shall be completed not less than ten (10) calendar days before Bids are due. For the purpose of this section, “mailing” shall include deposit with the United States Postal Service or equivalent delivery services, electronic mail or other electronic means, facsimile transmissions, or personal service.
E. The City Council may delegate the authority to award and execute informal contracts for Public Projects of $220,000 (two hundred twenty thousand dollars) or less or as otherwise authorized by California Public Contract Code 22032(a) or (b), as may be amended from time to time, to the City Manager or designee.
F. If all Bids received are in excess of $220,000 (two hundred twenty thousand dollars), the City Council may, by adoption of a resolution by a four-fifths vote, award the contract, at $235,000 (two hundred thirty-five thousand dollars) or less, or in such sum as may be authorized by California Public Contract Code Section§ 22034(d), to the lowest responsible bidder, if it determines the cost estimate of the City was reasonable.
G. Public Projects of more than $220,000. Public Projects of more than $220,000 (two hundred twenty thousand dollars), or in such sum as may be authorized by California Public Contract Code Section§ 22032(c), shall, except as otherwise provided in the UPCCAA, be let to contract by formal bidding (competitive sealed bid) procedure.
H. Bonds.
1. For Public Works Projects, Bids must include Bid Security in the form required by state law. The City may require a bid bond with any Bid, or a performance bond before entering into a contract, in such amount as it finds reasonably necessary to protect the best interests of the City. The form and amount of any bond shall be described in the notice inviting Bids.
2. The City shall require a payment bond, for one hundred percent of the amount of the contract on Public Works Projects in excess of $25,000 (twenty-five thousand dollars), unless the law authorizes an alternative amount.
I. In cases of emergency. In cases of emergency when repair or replacements are necessary, the governing body may proceed at once to replace or repair any facility without adopting plans, specifications, strain sheets, or working details, or giving notice for Bids to let contracts. The work may be done by day labor under the direction of the governing body, by contractor, or by a combination of the two. If, 2089
Ordinance No. XXXX
due to the emergency, no notice for Bids to let a contract will be given, the City will comply with Public Contract Code Section 22050, as may be implemented by the City from time to time.
J. Rejection of Bids. In its discretion, the City may reject any Bids presented in accordance with Section 22038 of the UPCCAA.
Section 4. Severability. If any section, sub-section, 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 the Ordinance. City Council hereby declares that it would have adopted the Ordinance and each section, sub-section, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases or portions to be declared invalid or unconstitutional.
Section 5. Environmental Analysis. The City Council hereby finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060, Subdivision (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061, Subdivision (b)(3) (there is no possibility the activity in question may have a significant effect on the environment).
Section 6. Effective Date . This ordinance shall become effective March 1, 2025.
Section 7. Publication. Within fifteen (15) days of the passage of this ordinance, the City Clerk shall cause the full text of the ordinance, with the names of those City Council members voting for and against the ordinance, to be published in the Placer Herald. In lieu of publishing the full text of the ordinance, the City Clerk, if so directed by the City Attorney and within fifteen (15) days, shall cause a summary of the ordinance, prepared by the City Attorney and with the names of the City Council members voting for and against the ordinance, to be published in the Placer Herald, and shall post in the office of the City Clerk a certified copy of the full text of the ordinance, along with the names of those City Council members voting for and against the ordinance. The publication of a summary of the ordinance in lieu of the full text of the ordinance is authorized only where the requirements of Government Code section 36933(c)(1) are met.
INTRODUCED at a regular meeting of the City Council of the City of Rocklin held on January 14, 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
2190
Ordinance No. XXXX
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Rocklin held on ____________________, 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
____________________________________
Jill Gayaldo, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
First Reading: 01.14.2025
Second Reading:
Effective Date:
2291
Resolution No. 2025- January 14, 2025 Page 1 of 2
1 RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
ELECTING TO BECOME SUBJECT TO THE UNIFORM PUBLIC
CONSTRUCTION COST ACCOUNTING ACT
WHEREAS, pursuant to Public Contract Code section 20160, et seq., general law cities in California must competitively bid all public projects in excess of $5,000 in accordance with State mandated competitive formal bidding procedures; and WHEREAS, prior to the passage of Assembly Bill No. 1666, Chapter 1054, Statutes of 1983, which added Chapter 2, commencing with Section 22000, to Part 3 of Division 2 of the Public Contract Code, existing law did not provide a uniform cost accounting standard for construction work performed or contracted by local public agencies; and
WHEREAS, Public Contract Code section 22000 et seq ., the Uniform Public Construction Cost Accounting Act (the Act or the UPCCAA), establishes such a uniform cost accounting standard; and
WHEREAS, the Commission established under the Act has developed uniform public construction cost accounting procedures for implementation by local public agencies in the performance of or in the contracting for construction of public projects; and
WHEREAS, the City of Rocklin desires to become subject to the UPCCAA.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:
Section 1. The City Council of the City of Rocklin hereby elects under Public Contract Code section 22030 to become subject to the uniform public construction cost accounting procedures set forth in the UPCCAA and to the Commission's policies and procedures manual and cost accounting review procedures, as they may each from time to time be amended, and directs that the City Clerk notify the State Controller forthwith of this election.
Section 2. This Resolution shall become effective March 1, 2025. 2392
Resolution No. 2025- January 14, 2025 Page 2 of 2
1 PASSED AND ADOPTED this 14th day of January, 2025 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
_____________________________
Jill Gayaldo, Mayor
ATTEST:
___________________________
Avinta Singh, City Clerk
2493
City Council
Staff Report
Subject:
Community Development Department Quarterly Report
Date:
January 28, 2025
Submitted By:
David Mohlenbrok, Community Development Director
Department:
Community Development
Recommendation:
Receive the Quarterly Building Report for the Quarter which ended December 31, 2024.
Item Number C6.
ATTACHMENTS:
1. Community Development Department Quarterly Building Report - October through December 2024
94 CITY OF ROCKLIN
Community Development Department
Building Division
MONTHLY BUILDINGREP ORTS
October – December 2024
95 NUMBER OF PERMITS
ISSUED
3 1
1 1
2 2
1 1
66 1
8 1
5 6
8 37
15 1
14 4
3 1
1 1
6 3
3 9
3 6
64 17
1 19
24 3
33 23
1 8
1 RETAINING WALL $20,000.00 $866.69
OTHER $50,000.00 $1,695.39
PATIO COVER $79,433.60 $5,746.57
RES 1 2 FAMILY NEW $7,855,994.58 $784,996.98
DWELLING $7,706,560.98 $776,688.33
ROOFING $462,143.00 $10,633.00
SIDING $72,987.13 $2,020.47
DWELLING $200,000.00 $5,191.81
OTHER $365,509.37 $10,965.84
RES 1 2 FAMILY ALTER $1,457,988.50 $44,524.73
ALTERATIONS $357,349.00 $15,713.61
POOL $344,666.00 $3,217.31
POOL/SPA $689,748.00 $7,654.44
WATER HEATER-RES $7,968.37 $970.50
POOL $1,034,414.00 $10,871.75
PLUMBING $52,968.37 $2,212.00
OTHER $45,000.00 $1,241.50
MULTI FAMILY ALTER $3,500.00 $537.50
SIDING $3,500.00 $537.50
ELEC/MECH/PLUM-COM $28,848.00 $1,448.10
ELEC/MECH/PLUM-RES $26,000.00 $466.50
HVAC-RES $268,386.03 $4,676.00
MISCELLANEOUS $54,848.00 $1,914.60
MECHANICAL $427,146.03 $5,049.95
HVAC-COM $158,760.00 $373.95
PHOTOVOLTAIC-RES $96,200.00 $3,422.40
PV/ESS-RES $1,394,425.27 $43,306.78
EVCS - RES $6,069.00 $1,617.50
OTHER $56,038.00 $2,109.49
ELECTRICAL PANEL-RES $45,450.00 $2,693.00
ESS-RES $25,658.00 $585.50
ELECTRICAL $1,627,840.27 $54,058.17
ELECTRICAL PANEL-COM $4,000.00 $323.50
DEMOLITION $12,000.00 $659.27
COMMERCIAL $12,000.00 $659.27
COMMERCIAL NEW $115,000.00 $6,012.99
OTHER $115,000.00 $6,012.99
ROOFING $159,310.00 $1,832.56
TENANT IMPROVEMENT $330,000.00 $11,541.91
COMMERCIAL ALTER $1,489,310.00 $28,376.49
ALTERATIONS $1,000,000.00 $15,002.02
Permits Issued - Summary by Type
City of Rocklin
Date Range Between 10/1/2024 and 10/31/2024
PERMIT TYPE VALUATION FEES CHARGED
Printed: 1 of 2 96
Permits Issued - Summary by Type
City of Rocklin
Date Range Between 10/1/2024 and 10/31/2024
4 3
1 52
52 11
11 271Totals: $15,009,393.55 $962,707.82
WEB RES WATER HEATER $31,220.85 $3,558.50
Unassigned $31,220.85 $3,558.50
WEB RES HVAC $811,662.95 $16,827.00
Unassigned $811,662.95 $16,827.00
BLDG PLANNING PERMIT $35,500.00 $2,683.89
PLANNING PERMIT $0.00 $424.00
SIGN $35,500.00 $3,107.89
Printed: 2 of 2 97
NUMBER
OF
PERMITS
2 2
2 1
1 76
8 2
3 4
2 9
48 12
2 10
4 1
3 1
1 10
8 2
7 5
2 39
11 12
14 2
35 1
32 1
1 6
6 32
BLDG PLANNING PERMIT $38,300.00 $4,753.56
WEB RES HVAC $458,177.29 $10,355.00
SHED $7,500.00 $363.98
SIGN $38,300.00 $4,753.56
DWELLING $10,904,195.85 $1,130,644.11
PATIO COVER $9,500.00 $755.85
RES 1 2 FAMILY NEW $10,964,397.05 $1,133,399.13
DETACHED GARAGE $43,201.20 $1,635.19
ROOFING $212,015.00 $6,126.00
SIDING $23,495.00 $1,047.69
ALTERATIONS $242,108.00 $11,090.70
OTHER $131,019.00 $5,256.40
POOL/SPA $309,000.00 $2,432.17
RES 1 2 FAMILY ALTER $608,637.00 $23,520.79
POOL $720,867.00 $7,798.81
POOL $411,867.00 $5,366.64
OTHER $126,521.00 $2,589.00
WATER HEATER-RES $3,650.00 $647.00
Unassigned $80,000.00 $368.00
PLUMBING $130,171.00 $3,236.00
ELEC/MECH/PLUM-RES $50,322.00 $1,396.50
PERMIT REISSUE $80,000.00 $368.00
MISCELLANEOUS $58,237.00 $2,016.50
ELEC/MECH/PLUM-COM $7,915.00 $620.00
HVAC-COM $1,929,000.00 $482.50
HVAC-RES $160,805.81 $3,378.00
PV/ESS-RES $2,063,263.33 $56,212.26
MECHANICAL $2,089,805.81 $3,860.50
PHOTOVOLTAIC-COM $289,260.67 $2,536.77
PHOTOVOLTAIC-RES $189,751.00 $3,811.00
EVCS - RES $3,129.00 $970.50
OTHER $9,206.45 $1,345.60
ELECTRICAL PANEL-RES $40,123.08 $2,588.00
ESS-RES $29,800.00 $1,169.00
PATIO COVER $292,000.00 $5,466.76
ELECTRICAL $2,624,533.53 $68,633.13
BUILDING $385,331.25 $27,100.21
COMMERCIAL ALTER $125,800.00 $7,407.49
TENANT IMPROVEMENT $125,800.00 $7,407.49
Permits Issued - Summary by Type
City of Rocklin
Date Range Between 11/1/2024 and 11/30/2024
PERMIT TYPE VALUATION FEES CHARGED
COMMERCIAL NEW $677,331.25 $32,566.97
Printed: 1 of 2 98
Permits Issued - Summary by Type
City of Rocklin
Date Range Between 11/1/2024 and 11/30/2024
32 5
5 231
Unassigned $15,327.72 $1,617.50
Totals: $18,591,584.65 $1,299,533.38
Unassigned $458,177.29 $10,355.00
WEB RES WATER HEATER $15,327.72 $1,617.50
Printed: 2 of 2 99
NUMBER OF PERMITS
ISSUED
9 2
2 2
3 2
1 1
54 3
1 1
1 9
7 32
8 8
22 22
1 1
7 7
6 4
2 1
1 24
10 6
8 13
11 2
3 3
24 24
12WEB RES WATER HEATER $31,297.75 $3,882.00
WEB RES HVAC $388,353.37 $7,768.00
Unassigned $388,353.37 $7,768.00
SIGN $12,814.00 $2,303.66
BLDG PLANNING PERMIT $12,814.00 $2,303.66
DWELLING $5,428,613.86 $466,473.00
PATIO COVER $17,800.00 $1,477.33
ROOFING $145,508.00 $3,558.00
RES 1 2 FAMILY NEW $5,446,413.86 $467,950.33
ALTERATIONS $311,539.00 $9,959.46
OTHER $187,888.00 $11,317.32
Unassigned $42,749.00 $450.00
RES 1 2 FAMILY ALTER $644,935.00 $24,834.78
POOL/SPA $245,975.00 $2,559.98
PV-RES SOLARAPP $42,749.00 $450.00
POOL $623,466.00 $7,011.86
POOL $377,491.00 $4,451.88
PLUMBING $85,384.00 $2,264.50
OTHER $85,384.00 $2,264.50
PERMIT REISSUE $150,000.00 $368.00
Unassigned $150,000.00 $368.00
MULTI FAMILY ALTER $532,158.00 $15,624.00
OTHER $532,158.00 $15,624.00
MECHANICAL $127,155.00 $2,730.00
HVAC-RES $127,155.00 $2,730.00
PHOTOVOLTAIC-RES $175,803.46 $3,073.60
PV/ESS-RES $1,154,058.17 $36,868.20
OTHER $21,891.00 $447.80
PHOTOVOLTAIC-COM $284,400.00 $9,641.99
ESS-RES $9,850.00 $584.50
EVCS - RES $1,844.55 $323.50
ELECTRICAL $1,660,201.18 $52,039.09
ELECTRICAL PANEL-RES $12,354.00 $1,099.50
BUILDING $5,986,793.96 $1,202,832.19
OTHER $19,643.00 $1,155.00
TENANT IMPROVEMENT $1,976,300.00 $52,663.14
COMMERCIAL NEW $6,006,436.96 $1,203,987.19
OTHER $110,000.00 $5,228.45
ROOFING $33,000.00 $1,136.61
COMMERCIAL ALTER $2,243,300.00 $65,697.55
ALTERATIONS $124,000.00 $6,669.35
Permits Issued - Summary by Type
City of Rocklin
Date Range Between 12/1/2024 and 12/31/2024
PERMIT TYPE VALUATION FEES CHARGED
Printed: 1 of 2 100
Permits Issued - Summary by Type
City of Rocklin
Date Range Between 12/1/2024 and 12/31/2024
12 186Totals: $17,994,664.12 $1,856,910.96
Unassigned $31,297.75 $3,882.00
Printed: 2 of 2 101
City Council
Staff Report
Subject:
Donation Towards Placer Land Trust's Acquisition of Clover Valley - Agreement Deal Points
Date:
January 28, 2025
Submitted By:
Aly Zimmermann, City Manager
Department:
City Manager's Office
Recommendation:
Discuss and Determine Various Deal Points Associated with a Potential Donation by the City of Rocklin to the Placer Land Trust to Support Their Purchase of Approximately 402 acres in Clover Valley (Slopes and Valley), and Determine Whether to Direct Staff to Prepare a Use of Funds or Similar Agreement.
Background:
At the January 14, 2025 City Council meeting, by consensus, the City Council requested that staff prepare information that would provide the framework for a potential donation from the City to or for the Placer Land Trust (PLT), in support of PLT’s acquisition of the Clover Valley slopes and valley floors for a conservation easement. Based on the feedback provided by the City Council, staff has prepared the following deal points for consideration.
Proposed Deal Points (Subject to City Council Discussion and Approval) :
Funds to be used exclusively for the purchase of approximately 402 acres of the Clover Valley slopes and valley floors, provided that such property is protected pursuant to a conservation easement or equivalent type of protection satisfactory to the City.
Term: Funds to be placed in an escrow account and only distributed and used for the exclusive intended purposes within 12 months of executing a Use of Funds Agreement.
If the funds are not used, or if any condition for the donation is not timely met, funds are to be returned to the City in their entirety.
If PLT is not the property owner, require PLT to enter into an agreement with the property owner to establish a conservation easement.
Allow public access to the property in perpetuity, including for example, trails, recreational purposes, and educational facilities.
Item Number D1.
102
Any management plan or similar document prepared for the administration of Clover Valley must be reviewed and approved by the City to ensure expectations for public access, and to ensure any impacts to the City are addressed.
If the acquisition or any subsequent actions result in a reduction in potential housing units that must be made up in other locations in the City, PLT will publicly support the City’s efforts to establish zoning to accommodate the make-up units.
Other miscellaneous, standard terms, to be determined in consultation with the City Attorney, including but not limited to indemnification provisions, the use of an escrow account, escrow
instructions, and responsibility to pay for any costs associated with making the donation.
Donation Amount: $2,000,000. Based on the consensus feedback, the donation amount identified is $2,000,000. The donation would be subject to conditions as the City Council may determine.
If the City Council approves making a donation, staff recommends the donation amount be drawn from the Fiscal Year 2023/24 General Fund Surplus. The City’s adopted Key Management Practice governing the General Fund – Use of Surplus – states, in part, that “the remaining General Fund surplus may be used in the following ways provided that such action is approved by the City Council: (i) increase the contributions needed to fund one-time expenditures; or (ii) start-up expenditures for new programs or construction….”. A donation would be considered a one-time expenditure and therefore could be funded by General Fund Surplus.
Staff does not recommend the use of Oak Tree Mitigation Funds (OTMF) for this purpose, as this funding source is not consistent and could result in additional burden to the City’s General Fund operations. The current available balance of OTMF is currently $317,000. Staff expends approximately $150,000 each year in oak tree maintenance that is funded by OTMF; if this funding source is eliminated those maintenance costs would transfer to the General Fund.
This list is not exhaustive and is provided for discussion and consideration purposes only. No statement contained in this list is legally binding on the City. Other issues and legal questions may arise and will need be addressed if approval of a donation moves forward.
Based on direction provided at the January 28
th
City Council meeting, if directed, staff will
prepare a Use of Funds, or similar, Agreement incorporating the City Council-approved deal points, and return to the City Council on February 25, 2025 to consider approval of the Agreement.
Fiscal Impact:
A donation of $2,000,000 using General Fund Surplus will not impact ongoing City operations.
However, this loss of funds may delay projects identified in support of the City’s adopted 2023- 2025 Strategic Plan work plan items.
103