1 Agenda
City Council Regular and Joint City Council / Folsom
Ranch Financing Authority Meeting
City Council Chambers | 50 Natoma Street, Folsom CA 95630 November 08, 2022
6:30 PM
Welcome to Your City Council Meeting
We welcome your interest and involvement in the city’s legislative process. This agenda includes information about topics coming before the City Council and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city website and in the Office of the City Clerk. The City Clerk is also available to answer any questions you have about City Council meeting procedures.
Participation
If you would like to provide comments to the City Council, please:
Fill out a blue speaker request form, located at the back table. Submit the form to the City Clerk before the item begins. When it’s your turn, the City Clerk will call your name and invite you to the podium. Speakers have three minutes, unless the presiding officer (usually the mayor) changes that time.
Reasonable Accommodations
In compliance with the Americans with Disabilities Act, if you are a person with a disability and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (916) 461-6035, (916) 355-7328 (fax) or [email protected]. Requests must be made as early as possible and at least two full business days before the start of the meeting.
How to Watch
The City of Folsom provides three ways to watch a City Council meeting:
In Person Online On TV
City Council meetings take place at
City Hall, 50 Natoma Street
Watch the livestream and replay past
meetings on the city website,
www.folsom.ca.us
Watch live and replays of meetings on
Sac Metro Cable TV, Channel 14
More information about City Council meetings is available at the end of this agenda
2 City Council Regular
and
Joint City Council / Folsom Ranch Financing Authority Meeting
Folsom City Council Chambers
50 Natoma Street, Folsom, CA
www.folsom.ca.us
Tuesday, November 08, 2022 6:30 PM
Kerri Howell, Mayor
Rosario Rodriguez, Vice Mayor Sarah Aquino, Councilmember YK Chalamcherla, Councilmember Mike Kozlowski, Councilmember
REGULAR CITY COUNCIL AGENDA
Effective July 7, 2022, the City of Folsom returned to all in-person City Council, Commission, and Committee meetings. Remote participation for the public will no longer be offered.
Everyone is invited and encouraged to attend and participate in City meetings in person.
CALL TO ORDER
ROLL CALL:
Councilmembers: Rodriguez, Aquino, Chalamcherla, Kozlowski, Howell The City Council has adopted a policy that no new item will begin after 10:30 p.m. Therefore, if you are here for an item that has not been heard by 10:30 p.m., you may leave, as the item will be continued to a future Council Meeting.
PLEDGE OF ALLEGIANCE
AGENDA UPDATE
BUSINESS FROM THE FLOOR:
Members of the public are ent itled to address the City Council concerning any item within the Folsom City Council's subject matter jurisdiction. Public comments are limited to no more than three minutes. Except for certain specific exceptions, the City Council is prohibited from dis cussing or taking action on any item not appearing on the posted agenda.
3 SCHEDULED PRESENTATIONS:
1. Resolution of Commendation Honoring Veterans and Veteran Organizations
2. Presentation of the Folsom Tourism Business Improvement District Annual Report by the Folsom Tourism Bureau
CONSENT CALENDAR:
Items appearing on the Consent Calendar are considered routine and may be approved by one motion. City Councilmembers may pull an item for discussion.
3. Approval of October 25, 2022 Regular Meeting Minutes
4. Resolution No. 10941 – A Resolution Authorizing the City Manager to Execute an Agreement with Waterfluence, LLC to Meet the Requirements of Assembly Bill 1668 and Senate Bill 606 Regarding Landscape Irrigation for Commercial, Industrial, and Institutional Sites Serviced by Dedicated Irrigation Meters
5. Resolution No. 10942 – A Resolution Authorizing the City Manager to Execute an Agreement with Eagle Aerial Photography Inc. dba Eagle Aerial Solutions to Meet the Requirements of Assembly Bill 1668 and Senate Bill 606 Regarding Landscape Irrigation for Residential Sites
6. Resolution No. 10943 – A Resolution Authorizing the City Manager to Execute a Sewer Easement and Maintenance Agreement between 9900 Greenback Lane LLC and the City of Folsom for the Construction of the Greenback Sewer and Lift Station No.3 Project
7. Resolution No. 10944 – A Resolution Authorizing the City Manager to Execute an Agreement with The Pape Group, Inc. dba Ditch Witch West for the Purchase of a Trailer-Mounted Vacuum and Appropriations of Funds
8. Resolution No. 10945 - A Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Dokken Engineering for the Folsom Boulevard Class I Overcrossing Feasibility Study
9. Resolution No. 10946 – A Resolution Authorizing the City Manager to Execute an Agreement with Cyclone Technology for the purchase of a CY5000 Hard Surface Cleaning System
10. Resolution No. 10947 – A Resolution Authorizing the City Manager to Execute an Agreement with Vesta Modular for a Five-Year Lease of a Modular Trailer for the Waste and Recycling Division
11. Resolution No. 10949 - A Resolution Approving a Five-year Extension to the Agreement Between the City of Folsom and the Folsom Tourism Bureau Relative to the Folsom Tourism Business Improvement District
CONVENE JOINT MEETING
JOINT CITY COUNCIL AGENDA
FOLSOM RANCH FINANCING AUTHORITY MEETING
ROLL CALL: Council / Board Members: Rodriguez, Aquino, Chalamcherla, Kozlowski, Howell
4 PUBLIC HEARING:
12. Folsom Ranch Financing Authority City of Folsom Community Facilities District No. 20 (Russell Ranch) Special Tax Revenue Bonds, Series 2022
i. Resolution No. 10948 – A Resolution of the City Council of the City of Folsom Authorizing the Issuance of the City of Folsom Community Facilities District No. 20 (Russell Ranch) Special Tax Bonds, Series 2022 the Execution of a First Supplemental Indenture Providing therefor, Authorizing the Execution of a Local Obligation Purchase Contract, and Authorizing Necessary Actions and the Execution of other Documents in Connection therewith ii. Resolution No. 009 - Folsom Ranch FA – A Resolution of the Governing Board of the Folsom Ranch Financing Authority Authorizing the Issuance, Sale, and Delivery of not to Exceed, $15,000,000 Aggregate Principal Amount of City of Folsom Community Facilities District No. 20 (Russell Ranch) Special Tax Revenue Bonds, Series 2022; Approving the Form and Substance of a Trust Agreement, Authorizing Modifications thereof and Execution and Delivery as Modified; Approving a Preliminary Official Statement, Authorizing Changes thereto and Execution and Delivery of an Official Statement to be Derived therefrom; Approving a Local Obligation Purchase Contract and a Bond Purchase Contract and Execution and Delivery of each; and Authorizing Related Actions Necessary to Implement the Proposed Financing
ADJOURNMENT
RECONVENE CITY COUNCIL MEETING
OLD BUSINESS:
13. Report Back on Underutilized and Vacant City-Owned Properties and Direction to Staff CITY MANAGER REPORTS:
COUNCIL COMMENTS:
ADJOURNMENT
The City Council's regularly scheduled meeting of November 22 has been canceled due to the Thanksgiving holiday.
The City Council will hold a special meeting on Monday, December 12.
The City Council's next regular meeting will be Tuesday, December 13.
NOTICE: Members of the public are entitled to directly address the City Council concerning any item that is described in the notice of this meeting, before or during consideration of that item. If you wish to address Council on an issue, which is on this agenda, please complete a blue speaker request card, and deliver it to a staff member at the table on the left side of the Council Chambers prior to discussion of the item. When your name is called, stand to be recognized by the Mayor and then proceed to the podium. If you wish to address the City Council on any other item of interest to the public, when the Mayor asks i f there is any “Business from the Floor,” follow the same procedure described above. Please limit your comments to three minutes or less.
NOTICE REGARDING CHALLENGES TO DECISIONS: Pursuant to all applicable laws and regulations, including without limitation, California Government Code Section 65009 and or California Public Resources Code Section 21177, if you wish to challenge in court any of the above decisions (regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or
5 someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.
As presiding officer, the Mayor has the authority to preserve order at all City Council meetings, to remove or cause the removal of any person from any such meeting for disorderly conduct, or for making personal, impertinent, or slanderous remarks , using profanity, or becoming boisterous, threatening or personally abusive while addressing said Council, and to enforce the rules of the Council.
PERSONS INTERESTED IN PROPOSING AN ITEM FOR THE CITY COUNCIL AGENDA SHOULD CONTACT A MEMBER OF THE CITY COUNCIL.
The meeting of the Folsom City Council is being telecast on Metro Cable TV, Channel 14, the Government Affairs Channel, and will be shown in its entirety on the Friday and Saturday following the meeting, both at 9 a.m. The City does not control sche duling of this telecast and persons interested in watching the televised meeting should confirm this schedule with Metro Cable TV, Channel 14. The City of Folsom provides live and archived webcasts of regular City Council meetings. The webcasts can be found on the online services page of the City's website www.folsom.ca.us.
In compliance with the Americans with Disabilities Act, if you are a person with a disability and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (916) 461-6035, (916) 355-7328 (fax) or [email protected]. Requests must be made as early as possible and at least two full business days before the start of the meeting.
Any documents produced by the City and distributed to the City Council regarding any item on this agenda will be made available at the City Clerk’s Counter at City Hall located at 50 Natoma Street, Folsom, California and at the Folsom Public Library located at 411 Stafford Street, Fols om, California during normal business hours.
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City of Folsom
Resolution of Commendation
Ilonoring
Veterans and Veteran Or ganizations
WHEREAS, America's military personnel are vital to the security and prosperity of our nation. We have a responsibility to protect and serve those who have made countless sacrifices for our country; and
WHEREAS, throughout our nation's history, our military personnel have boldly answered the call of duty to defend our nation's independence and precious liberties, risking life and limb for their fellow Americans; and
WHEREAS, those who serve our country exemplify the courage and resolve that define our national character, enriching the communities they call home; and WHEREAS, our obligation to our military personnel does not end after their time in uniform; and
WHEREAS, we recognize the Veteran Organizations that actively support military personnel, including Folsom Veterans Hall, American Legion Post 362, Blue Star Moms (Rolling Hills), Marine Corps League Post 940, Military Order of the Devil Dogs Pound 71, Military Order of the Purple Heart Chapter 385, Military Order of the Purple Heart Auxiliary, Submarine veterans (Gold Country Base), Veterans of Foreign Wars (VFW Post 6604 and the VFW Auxiliary Post 6604; and
WHEREAS, each warrior who fights for our nation has earned our eternal gratitude. We ask that all Americans thank and support them. Together, we remain committed to fostering a national community of support for these brave heroes.
NOW, THEREFORE, l, Kerri M. Howell, Mayor of the City of Folsom, on behalf of the Folsom City Council and the Folsom community, do hereby thank and support Veterans for their contributions to our nation and do hereby also thank and support the Veteran Organizations for their dedication to supporting our military personnel.
PROCLAIMED this 8th day of November 2022.
Attest:
Kerri M. Howell, MAYOR Christa F , clry
11/08/2022 Item No.1.
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11/08/2022 Item No.1.
Folsom City Council
Staff ort
CITY COUNCIL ACTION
Staff recommends that the City receive the Folsom Tourism Business Improvement District annual report. No further action is requested of the City Council.
BACKGROUND:
The Folsom Municipal Code (Section 3.100.080) requires an annual report to be submitted to the City Council related to tourism activities and an accounting for the Folsom Tourism Business Improvement District for the prior year.
The Folsom Tourism Bureau, which serves as the Owners' Association, will make this presentation to the City Council and provide a brief history of prior activities.
Respectfu lly submitted,
Christa Freemantle, CMC
City Clerk
I
MEETING DATE: 1U8t2022
AGENDA SECTION: Scheduled Presentations
SUBJECT: Presentation of the Folsom Tourism Business Improvement District Annual Report by the Folsom Tourism Bureau
F'ROM: City Clerk's Department
11/08/2022 Item No.2.
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11/08/2022 Item No.2.
Book 76 Page 321
Folsom City Council
October 25,2022
Gity Council Regular Meeting
MINUTES
Tuesday, October 25,2022 6:30 PM
CALL TO ORDER
The regular City Council meeting was called to order at 6:31 pm with Mayor Kerri Howell presiding ROLL GALL:
Councilmembers Present: Mike Kozlowski, Councilmember
Rosario Rodriguez, Vice Mayor
Sarah Aquino, Councilmember
YK Chalamcherla, Councilmember
Kerri Howell, Mayor
Councilmembers Absent: None
Participating Staff: City Manager Elaine Andersen
City Attorney Steven Wang
City Clerk Christa Freemantle
Public Works Director Mark Rackovan
Public Works Senior Engineer Ryan Neves
Community Development Director Pam Johns
Community Development City Engineer Steve Krahn
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited
AGENDA UPDATE
None
BUSINESS FROM THE FLOOR:
The following speakers addressed the City Council:
1. Steve Miklos regarding candidate campaign
2. Linda Clark regarding animal services
3. Rene Baez regarding basic labor standards
4. Meena Kalyan and Varshna Bondu regarding the non-profit group We Embrace
5. Janine Ferrer regarding traffic
DRAFT - Not fficial until approved by the City Council Page 11 11/08/2022 Item No.3.
Book 76 Page 322
Folsom City Council
October 25,2022
SGHEDULED PRESENTATIONS:
1. Resolution of Commendation Honoring Kaiser Permanente on their 20th Anniversary in Folsom Mayor Kerri Howell presented the resolution to Dr. Richard Florio.
2. Resolution of Commendation Honoring Folsom Residents Aimee Johns and Paul Bandy for their Efforts Rescuing a Shark Attack Victim
Councilmember Mike Kozlowski presented the resolution to Aimee Johns and Paul Bandy.
3. City of Folsom ALERT Rain and Stream Gauges for Enhanced Storm Response Public Works Director Mark Rackovan introduced the item and Public Works Senior Engineer Ryan Neves made a presentation and responded to questions from the City Council.
4. Folsom Plan Area Semi-Annual Report
Community Development Director Pam Johns and City Engineer Steve Krahn made a presentation and responded to questions from the City Council.
CONSENT GALENDAR:
5. Approval of October 11,2022 Special and Regular Meeting Minutes
6. Ordinance No. 1334 - An Ordinance of the City of Folsom Amending Section 5.20.070(4)(2) and Repealing Section 5.20.070(AX13Xd) of the Folsom Municipal Code to lncrease the Number of Card Tables and Allow Backline Betting (PN 22-157) (Second Reading and Adoption) 7 . Resolution No. 10929 - A Resolution Authorizing the City Manager to Execute an Agreement with lllinois Tool Works lnc. dba EH Wachs for the Purchase of a Valve Truck Bed and Associated Equipment
8. Resolution No. 10930 - A Resolution Authorizing the City Manager to Execute an Agreement with Folsom Lake Ford for the Purchase of an eTransit Van
9. Resolution No. 10931 - A Resolution Authorizing the City Manager to Execute an Agreement with Dobbs Heavy Duty Holdings LLC, dba Dobbs Peterbilt for the Purchase of a Dump Truck and Appropriation of Funds
10. pulled for comment
1 1. Resolution No. 10933 - A Resolution Authorizing the City Manager to Execute Amendment No. 2 to the Professional Services Agreement with Mintier Harnish to lncrease the Not-to-Exceed Amount for the Zoning Code Update Project
12. Resolution No. 10934 - A Resolution Authorizing the City Manager to Execute a Purchase Agreement with Golden State Fire Apparatus lnc. for One Type 3 Fire Engine
13. Resolution No. 10935 - A Resolution Authorizing the City Manager to Execute a Subdivision lmprovement Agreement and Accept Offers of Dedication for the Broadstone Estates Subdivision, and Approval of the Final Map for the Broadstone Estates Subdivision DRAFT - Not fficial until approved by the City Council Page 12 11/08/2022 Item No.3.
Book 76 Page 323
Folsom City Council
October 25,2022
14. pulled for comment
15. Resolution No. 10938 - A Resolution Authorizing the City Manager to Execute a Subdivision lmprovement Agreement and Accept Offers of Dedication for the Mangini Ranch Phase 2 Village Nos. 5 & 6 Subdivision, and Approval of the Final Map for the Mangini Ranch Phase 2 Village Nos.5&6Subdivision
16. Resolution No. 10940 - A Resolution Authorizing the City Manager to Execute a Memorandum of Understanding between the City of Folsom and the lnternational Union of Operating Engineers, Local 39
Motion by Vice Mayor Rosario Rodriguez, second by Gouncilmember YK Ghalamcherla, to approve Gonsent Galendar items 5-9, 11-13 and 15-16.
Motion carried with the following roll call vote:
AYES: Councilmember(s): Kozlowski, Rodriguez, Aquino, Ghalamcherla, Howell NOES: Councilmember(s): None
ABSENT: Councilmember(s): None
ABSTAIN: Councilmember(s): None
CONSENT CALENDAR ITEM PULLED FOR DISCUSSION:
10. Resolution No. 10932 - A Resolution Authorizing an Appropriation of Funds for the Mangini Ranch Phase 1 Re-landscaping Project
Councilmember YK Chalamcherla pulled the item to comment regarding the use of volunteers to save money.
Motion by Gouncilmember YK Ghalamcherla, second by Vice Mayor Rosario Rodriguez, to approve Resolution No. 10932.
Motion carried with the following roll call vote:
AYES: Gouncilmember(s): Kozlowskin Rodriguez, Aquino, Ghalamcherla, Howell NOES: Gouncilmember(s): None
ABSENT: Councilmember(s): None
ABSTAIN: Councilmember(s): None
14. Objective Design and Development Standards and Green Means Go Grant Funding i. Resolution No. 10936 - A Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Opticos for Development of Objective Design and Development Standards and Appropriation of Funds
ii. Resolution No. 10937 - A Resolution Authorizing Applications for the SACOG 2022 Green Means Go Funding Program
Mayor Kerri Howell pulled the item to ask how the storm drain on Bidwell Street between Wool Street and Decatur Street got included into the Green Means Go Grant. Community Development Director Pam Johns responded. Public Works Senior Engineer Ryan Neves provided additional clarification.
DRAFT - Not fficial until approved by the City Council Page 13 11/08/2022 Item No.3.
Book 76 Page 324
Folsom City Council
October 25,2022
Motion by Mayor Kerri Howell, second by Vice Mayor Rosario Rodriguez, to approve the item.
Motion carried with the following roll call vote:
AYES: Councilmember(s): Kozlowski, Rodriguez, Aquino, Ghalamcherla, Howell NOES: Gouncilmember(s): None
ABSENT: Councilmember(s): None
ABSTAIN: Gouncilmember(s): None
CITY MANAGER REPORTS:
City Manager Elaine Andersen announced the ribbon cutting ceremony for the SouthEast Connector Expressway, the Police and Fire Department Trunk or Treat event, volunteers needed for the Zoo's Holiday Lights Event and mentioned that the City is accepting applications for appointments to the various commissions and committees.
COUNCIL GOMMENTS:
Vice Mayor Rosario Rodriguez announced multiple upcoming events including Palladio Trick or Treating, Powerhouse Ministries Halloween event, Festifall in the Historic District, Twin Lakes Food Bank Gala, Women's Conference hosted by the Chamber of Commerce, Concerts at Zittel Amphitheater, Veterans Day Parade and ice skating in the Historic District. She also announced that HART of Folsom is looking for volunteers for the winter shelter and congratulated Patrick Mummy and the team at Symmetry Health and wished everyone a Happy Diwali holiday. She asked for future City Council discussions regarding ARPA money allocation, sales tax revenue and presentations regarding economic recovery, RHNA allocations, and future discussion regarding TOT for vacation rentals.
Councilmember YK Chalamcherla thanked the Public Works Department for recent road striping and mentioned that he is looking forward to future road roundabouts. Mr. Chalamcherla spoke of the Johnny Cash TrailArt fundraiser he attended as well as the Police Department's open house and Coffee With a Cop event. He commented regarding water usage and asked that information about water usage be in the City newsletter.
Councilmember Mike Kozlowski spoke of Folsom high schoolfootball and stated that both high schools are heading to playoffs.
Councilmember Sarah Aquino commented about landscaping looking better in regard to medians on Broadstone Parkway. She spoke of issues with middle school students at the Walmart shopping center and the recent effort to discourage students' disruptive behavior.
Mayor Kerri Howell spoke of the SouthEast Connector ribbon cutting ceremony and gave an update of regional board meetings she has attended. She encouraged everyone to drive safely and announced that the Cappuccino Cruisers is having a Trunk or Treat event.
ADJOURNMENT
There being no further business to come before the Folsom City Council, Mayor Kerri Howell adjourned the meeting at 8:08 pm.
DRAFT - Not fficial until approved by the City Council Page 14 11/08/2022 Item No.3.
Book 76 Page 325
Folsom City Council
October 25,2022
SUBMITTED BY
Christa Freemantle, City Clerk
ATTEST
Kerri Howell, Mayor
DRAFT - Not fficial until approved by the City Council Page 15 11/08/2022 Item No.3.
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11/08/2022 Item No.3.
Folsom City Council
Staff ort
MEETING DATE: 1U812022
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 10941 - A Resolution Authorizing the City Manager to Execute an Agreement with Waterfluence, LLC to Meet the Requirements of Assembly Bill 1668 and Senate Bill 606 Regarding Landscape Irrigation for Commercial, Industrial, and Institutional Sites Serviced by Dedicated Irrigation Meters FROM: Environmental and Water Resources Department
RECOMMENDATION / CITY COUNCIL ACTION
The Environmental and Water Resources Department recommends the City Council pass and adopt Resolution No. 10941 - A Resolution Authorizing the City Manager to Execute an Agreement with Waterfluence, LLC to Meet the Requirements of Assembly Bill 1668 and Senate Bill 606 Regarding Landscape Inigation for Commercial, Industrial, and Institutional Sites Serviced by Dedicated Irrigation Meters.
BACKGROUND / ISSUE
In 2018 the California legislature passed Assembly Bill 1668 and Senate Bill 606 for water conservation and drought planning. This legislation established four new water use efficiency targets for urban water suppliers. One of the four targets is intended to reduce the water use of Commercial, Industrial and Institutional (C[) landscapes serviced by dedicated inigation meters (DIMs). This requires the City to measure the total irrigated area of CII DIM landscapes and calculate water budgets based on landscape area, weather, and landscape water needs. The calculated water budgets will be compared to actual water use on a monthly basis to monitor compliance with the legislation.
The City requested Scopes of Work from three different vendors to provide water budget and landscape measurement services. Waterfluence, LLC was chosen based on its extensive experience with numerous municipalities and water districts in California including the City 1
11/08/2022 Item No.4.
of Sacramento, the City of Roseville, and previous work with the City of Folsom's Parks and Recreation Department from 2013-2015 through a State grant managed by the Regional Water Authority. Waterfluence,LLC is a subscription service that measures DIM landscape areas and calculates water budget data at the parcel level. The water budget services can be updated on a monthly basis with the billing cycle, can be expanded as the City grows and will assist City staff with the State's new reporting requirements.
POLICY / RULE
Section 2.36.120 of the Folsom Municipal Code states, in part, that contracts for supplies, equipment, services, and construction with an estimated value of $66,141 or greater shall be awarded by the City Council.
ANALYSN
Waterfluence, LLC will use Google Earth imagery to measure CII DIM landscapes, to determine how many unique sites are served by multiple DIMs, to aggregate water use from multiple DIMs serving each site and then calculate water budgets based on landscape area, weather, and landscape water needs for each site. Water budgets will be updated monthly based on billing data and conditions. Waterfluence, LLC will provide a portal for property owners and managers to view their water use data and allow landscape contractors access to the data.
Waterfluence, LLC's agreement is based on a cost of $76 per unit with a one-time set up fee of $100 per unit. Waterfluence, LLC will aggregate data of multiple DIMs serving one parcel or Lighting and Landscape District into one site and this will be considered one unit for determining costs. City staff estimates that there will be no more than 350 unique sites/units.
Pending verification of the number of sites by Waterfluence, LLC the estimated cost, including set-up fees, will be $41,000 for the remainder of Fiscal Year 2022-23 and $26,600 annually for the remaining two years of the contract. The total cost for the three-year contract will be s94,200.
Scopes of work were solicited from three companies. The two companies that were not selected are Land IQ and Eagle Aerial. Land IQ can only provide a one-time analysis that does not provide ongoing monthly updates of water use and landscape area measurement and does not offer an interactive dashboard that can be used by City customers in the CII sector. Land IQ's cost for a one-time measurement and water use analysis was $78,455. Eagle Aerial's WaterView program does not offer an interactive dashboard that can be used by City customers in the CII sector and did not include CII DIM landscape area measurement. Landscape area measurement could be included for an extra fee of $135 - $370 per unit, depending on the level of difficulty, with a total estimate ranging from $37,800 to $129,500. Eagle Aerial estimates that80% of the units could be measured at the lower cost and 20%o at the higher cost.
Based on the ability to update information and data on a monthly basis as well as offering an interactive dashboard for the City's CII customers, City staff selected Waterfluence, LLC to 2 Page 18
11/08/2022 Item No.4.
provide these services. City staff recommends entering into an agreement with Waterfluence, LLC for a total not to exceed fee of $94,200 for fiscal years 2022-23, 2023-24 and 2024-25 .
FINAIICIAL IMPACT
Sufficient funds have been budgeted and are available in the Water Operating Fund (Fund 520) for this agreement in the FY 2022-23 budget. Funds will be budgeted in each of the next two fiscal years (FY 2023-24 through FY 2024-25) during the annual budget process.
ENVIRONMENTAL REVIEW
This project is exempt from environmental review under the California Environmental Quality Act, Section 15301 "Existing Facilities."
ATTACHMENT
Resolution No. 10941 - A Resolution Authorizing the City Manager to Execute an Agreement with Waterfluence, LLC to Meetthe Requirements of Assembly Bill 1668 and Senate Bill606 Regarding Landscape Irrigation for Commercial, Industrial, and Institutional Sites Serviced by Dedicated Irrigation Meters
Submitted,
Marcus Yasutake, Director
ENVIRONMENTAL AND WATER RESOURCES DEPARTMENT
J Page 19
11/08/2022 Item No.4.
RESOLUTION NO. IO94I
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH WATERFLUENCE, LLC TO MEET THE REQUIREMENTS OF' ASSEMBLY BILL 1668 AND SENATE BILL 606 REGARDING LANDSCAPE
IRRIGATION FOR COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL SITES
SERVICED BY DEDICATED IRRIGATION METERS
WHEREAS, in 2018 the legislature of the State of California passed Assembly Bill 1668 and Senate Bill 606 for water conservation and drought planning; and WHEREAS, this legislation requires measuring the landscape areas and calculating water budgets at all commercial, industrial, and institutional sites serviced by dedicated inigation meters; and
WHEREAS, the Environmental and Water Resources Department solicited scopes of work in May of 2022 for services to include landscape area measurement and water use analysis of all commercial, industrial, and institutional sites serviced by dedicated irrigation meters; and WHEREAS, Waterfluence, LLC by reason of their past experience, abilities for perfoiming these types of services, and overall best value for these services, is qualified to perform the required landscape area measurement and water use analysis of all commercial, industrial, and institutional sites serviced by dedicated irrigation meters; and WHEREAS, sufficient funds have been budgeted and are available in the FY 2022-23 Water Operating Fund (Fund 520); and
WHEREAS, the agreement will be in a form acceptable to the City Attomey NOW, THEREF'ORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes the City Manager to Execute an Agreement with Waterfluence, LLC to Meet the Requirements of Assembly Bill 1668 and Senate Bill 606 Regarding Landscape Inigation for Commercial, Industrial, ffid Institutional Sites Serviced by Dedicated Inigation Meters for $94,200 over three years.
PASSED AND ADOPTED this 8tr day of November,2022, by the following roll-call vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember(s):
Councilmember(s):
Councilmember(s):
Councilmember(s):
Resolution No. 10941
Page I of2 Page 20
11/08/2022 Item No.4.
Kerri M. Howell, MAYOR
ATTEST:
Christa Freemantle, CITY CLERK
Resolution No. 10941
Page2 of2 Page 21
11/08/2022 Item No.4.
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11/08/2022 Item No.4.
Folsom City Council
Staff rt
RECOMMENDATION / CITY COUNCIL AETIqN
The Environmental and Water Resources Department recofilmends the City Council pass and adopt Resolution No. 10942 - A Resolution Authorizing the City Manager to Execute an Agreement with Eagle Aerial Photography Inc. dba Eagle Aerial Solutions to Meet the Requirements of Assembly Bill 1668 and Senate 8il1 606 Regarding Landscape Irrigation for Residential Sites.
BACKG / ISSUE
In 2018 the California legislature passed Assembly Bill 1668 and Senate Bill 606 for water conservation and drought planning. This legislation established four new water use efficiency targets for urban water suppliers. One of the four targets is intended to reduce the water use of residential landscapes. The residential outdoor water use target requires the City to calculate water budgets for residential landscapes using aerial imagery data provided by the Department of Water Resources (DWR). The water budget will be based on area, weather, and landscape water needs. The calculated water budgets will be compared to actual water use on a monthly basis to monitor compliance with the legislation.
The City requested Scopes of Work from three different vendors to calculate residential outdoor water budgets and monitor water use at residential sites. Eagle Aerial Photography Inc. dba Eagle Aerial Solutions (Eagle Aerial) was chosen based on its WaterView program I
MEETING DATE: rU812022
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 10942 - A Resolution Authorizing the City Manager to Execute an Agreement with Eagle Aerial Photography Inc. dba Eagle Aerial Solutions to Meet the Requirements of Assembly Bill 1668 and Senate Bill 606 Regarding Landscape Irrigation for Residential Sites
FROM: Environmental and Water Resources Department
11/08/2022 Item No.5.
and its extensive experience with numerous municipalities and water districts in California.
DWR also selected Eagle Aerial to map residential landscapes, through aerial imagery, for the entire State. WaterView is a subscription service that calculates residential outdoor water budget data at the parcel level. The water budget services can be updated on a monthly basis with the billing cycle, can be expanded as the City grows and will assist City staff with the State's new reporting requirements.
POLICY / RULE
Section 2.36.120 of the Folsom Municipal Code states, in part, that contracts for supplies, equipment, services, and construction with an estimated value of $66,141 or greater shall be awarded by the City Council.
ANALYSIS
Eagle Aerial's WaterView program will use the same aerial imagery provided to DWR to calculate water budgets based on landscape alrea, weather, and landscape water needs for each site. Water budgets will be updated monthly based on billing data and conditions. Eagle Aerial's agreement is a three-year contract. The annual cost is $44,025 with a one-time set up fee of $3,450. The total cost of the three-year contract will be $135,525.
Scopes of work were solicited from three companies. The two companies that were not selected are Land IQ and Waterfluence, LLC. Land IQ can only provide a one-time analysis that does not provide ongoing monthly updates of water use and landscape area measurement.
Land IQ's cost for a one-time measurement and water use analysis was $78,455. Waterfluence, LLC only provides service to properties with dedicated inigation meters and did not submit a scope of work for residential water budgets.
Based on the ability to update information and data on a monthly basis as well as offering an interactive dashboard for City staff, City staff selected Eagle Aerial to provide these services.
City staff reconmends entering into an agreement with Eagle Aerial Photography Inc. dba Eagle Aerial Solutions for a total not to exceed fee of $135 ,525 for fiscal years2022-23,2023- 24 and2024-25.
FINANCIAL IMPACT
Sufficient funds have been budgeted and are available in the Water Operating Fund (520) for this agreement in the FY 2022-23 budget. Funds will be budgeted in each of the next two fiscal years (FY 2023-24 through FY 2024-25) during the annual budgetprocess.
ENVIRONMENTAL REVIEW
This project is exempt from environmental review under the Califomia Environmental Quality Act, Section 15301 "Existing Facilities."
2 Page 24
11/08/2022 Item No.5.
ATTACHMENT
Resolution No. 10942 - A Resolution Authorizingthe City Manager to Execute an Agreement with Eagle Aerial Photography Inc. dba Eagle Aerial Solutions to Meet the Requirements of Assembly Bill l663 and Senate Bill606 Regarding Landscape Inigation for Residential Sites Submitted,
Marcus Yasutake, Director
ENVIRONMENTAL AND WATER RESOURCES DEPARTMENT
J Page 25
11/08/2022 Item No.5.
RESOLUTION NO. 10942
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH EAGLE AERIAL PHOTOGRAPHY INC. DBA EAGLE AERIAL SOLUTIONS TO MEET THE REQUIREMENTS OF ASSEMBLY BILL 1668 AND SENATE BILL 606 REGARDING LANDSCAPE IRRIGATION FOR RE,SIDENTIAL SITES
WHEREAS, in 201 8 the legislature of the State of California passed Assembly Bill 1668 and Senate Bill 606 for water conservation and drought planning; and WHEREAS, this legislation requires measuring the landscape areas and calculating water budgets at all residential sites; and
WHEREAS' the Environmental and Water Resources Department solicited scopes of work in May of 2022 for services to include water use analysis and calculating water budgets of all residential sites; and
WHEREAS, Eagle Aerial Photography Inc. dba Eagle Aerial Solutions was chosen based on its WaterView program and by reason of their past experience with numerous municipalities and water districts and the State of California, Department of Water Resources; and WHEREAS' sufficient funds have been budgeted and are available in the FY 2022-23 Water Operating Fund (Fund 520); and
WHEREAS, the agreement will be in a form acceptable to the City Attorney NOW; THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes the City Manager to Execute an Agreement with Eagle Aerial Photography Inc. dba Eagle Aerial Solutions to Meet the Requirements of Assembly Bill 1668 and Senate Bill 606 Regarding Landscape Inigation for Residential Sites for $135,525 over three years.
PASSED AND ADOPTED this 8th day of November,2022, by the following roll-call vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember(s):
Councilmember(s):
Councilmember(s):
Councilmember(s):
Resolution No. 10942
Keni M. Howell, MAYOR
11/08/2022 Item No.5.
ATTEST:
Christa Freemantle, CITY CLERK
Resolution No. 10942
Page2 of2 Page 27
11/08/2022 Item No.5.
This page is intentionatrly treft blank.
11/08/2022 Item No.5.
Folsom City Council
Staff ort
RECOMMENDATION / CITY COUNCIL ACTION
The Environmental and Water Resources Departments recommends that the City Council pass and adopt Resolution No. 10943 - A Resolution Authorizingthe City Manager to Execute a Sewer Easement and Maintenance Agreement between 9900 Greenback Lane LLC and the City of Folsom for the Construction of the Greenback Sewer and Lift Station No.3 Project.
BACKGROUND / ISSUE
The Environmental and Water Resources Department (ESIR) identifies sewer infrastructure rehabilitation and replacement projects through sewer master plans and ongoing sewer condition assessment programs. As a condition of the City's State permit for its wastewater collection systems, EWR is required to perform ongoing condition assessments on the wastewater system and correct any defects/deficiencies identified through this process.
Through these efforts, Crty staff identified the Greenback Sewer and Lift Station No. 3 Project as needing rehabilitation or replacement.
The City needs to acquire a sewer easement of approximately 1,448 square feet for the construction of the Greenback Sewer and Lift Station No.3 Project. The City worked with the property owner, 9900 Greenback Lane LLC Property, to modift the existing sewer easement and develop a maintenance agreement for the property affected by the Greenback Sewer and Lift Station No.3 Project.
1 MEETING DATE: 11 1812022
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 10943 - A Resolution Authorizing the City Manager to Execute a Sewer Easement and Maintenance
Agreement between 9900 Greenback Lane LLC and the City of Folsom for the Construction of the Greenback Sewer and Lift Station No.3 Project
F'ROM: Environmental and Water Resources Department
11/08/2022 Item No.6.
This Resolution will Authorize the City Manager to Execute a Sewer Easement and Maintenance Agreement between 9900 Greenback Lane LLC and the City of Folsom for the Construction of the Greenback Sewer and Lift Station No.3 Project.
POLICY / RULE
Acquisition of property rights by the City of Folsom requires City Council approval.
Resolution No. 2435, adopted on July 18, 1988, authorizes the City Manager to execute an Easement Deed.
ANALYSIS
Expansion of the City's wastewater collection system has reduced the demand.on Lift Station No. 3 (near Greenback) below the design demand, requiring the City to re-examine the facility to more efficiently align the station operation with the revised demands. Additionally, the City recently completed a condition assessment of Lift Station No. 3 near Greenback, in which there were multiple recommendations for updating the aging facility. Major improvements to the existing lift station requires upgrades to the pumps, the wet well, mechanical equipment, electrical components and structural improvements.
The Greenback Sewer and Lift Station No.3 Project requires some improvements to be completed on the property located at 9900 Greenback Lane in Folsom. Through this agreement, the owner of this property, 9900 Greenback Lane LLC, grants to the City a sewer easement and agrees to the necessary improvements on the property.
The Easement Deed from 9900 Greenback Lane LLC to the City and the Agreement between 9900 Greenback Lane LLC and the City will allow the City to proceed with construction of the Greenback Sewer and Lift StationNo.3 Project. Construction of the Greenback Sewer and Lift Station No.3 Project cannot commence without approval of this Resolution.
FINANCIAL IMPACT
There are no costs for the transfer of easement to the City. However, the City shall pay reasonable legal fees and expenses incurred by the Owner for reviewing the Agreement and all related documents for a not to exceed sum of $1,000. In addition, the City shall pay a not to exceed sum of $5,200 for the Sewer Easement as identified in the ooMemorandum of Appraisal Update" prepared by Bender Rosenthal Incorporated. Funds are budgeted and available in the Sewer Operating Fund (Fund 530) in Fiscal Yeax 2022-23.
ENVIRONMENTAL REVIEW
This project is a rehabilitation project of existing infrastructure; and therefore, is categorically exempt from environmental review under the California Environmental Quality Act as noted in Title 14 - California Code of Regulations, Chapter 3 - Guidelines for Implementation of the 2 Page 30
11/08/2022 Item No.6.
Califomia Environmental qualrty Act, Article 19 - Categorical Exemptions, Section t5302 - Replacement or Reconstruction.
ATTACHMENTS
1. Resolution No. 10943 - A Resolution Authorizing the City Manager to Execute a Sewer Easement and Maintenance Agreement between 9900 Greenback Lane LLC and the City of Folsom for the Construction of the Greenback Sewer and Lift Station No.3 Project
2. Greenback Sewer and Lift Station No.3 Easement and Maintenance Agreement Associated with 9900 Greenback Lane
Submitted,
Marcus Yasutake, Director
ENVIRONMENTAL AND WATER RESOURCES DEPARTMENT
J Page 31
11/08/2022 Item No.6.
ATTACHMENT 1
4 Page 32
11/08/2022 Item No.6.
RESOLUTION NO. 10943
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER EASEMENT AND MAINTENANCE AGREEMENT BETWEEN 99OO GREENBACK
LANE LLC AND THE CITY OF FOLSOM FOR THE CONSTRUCTION OF'THE GREENBACK SEWER AND LIFT STATION NO.3 PROJECT
WHEREAS, to comply with the State's Waste Discharge Requirement Order, the City is currently implementing its Sanitary Sewer Management Plan (SSMP) which consists of condition assessment, as well as operational and system improvements; and WHEREAS, the City of Folsom has identified this
integrity and operation of the sanitary sewer collection system; project as a priority to maintain
and
WHEREAS' the City of Folsom desires to obtain an Easement over property owned by 9900 Greenback Lane LLC that is required for construction of the Greenback Sewer and Lift Station No.3 Project; and
WHEREAS, the Sewer Easement Deed from 9900 Greenback Lane LLC was developed between the City of Folsom and 9900 Greenback Lane LLC; and WHEREAS, the City shall pay reasonable legal fees and expenses incurred by the Owner for reviewing the Agreement and all related documents for a not to exceed sum of $1,000; and
WHEREAS, the City shall pay anot to exceed sum of $5,200 for the Sewer Easement as identified in the "Memorandum of Appraisal Update" prepared by Bender Rosenthal Incorporated; and
WHEREAS' the Easement Deed and Agreement are in a form acceptable to the City Attomey:
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes the City Manager to execute Resolution No. 00000 - A Resolution Authorizing the City Manager to Execute a Sewer Easement and Maintenance Agreement between 9900 Greenback Lane LLC and the City of Folsom for the Construction of the Greenback Sewer and Lift Station No.3 Project.
PASSED AND ADOPTED this 8th day of November,2022, by the following roll-call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember(s):
Councilmember(s):
Councilmember(s):
Councilmember(s):
Resolution No. 10943
Page I of2 Page 33
11/08/2022 Item No.6.
Keni M. Howell, MAYOR
ATTEST:
Christa Freemantle, CITY CLERK
Resolution No. 10943
Page2 of2 Page 34
11/08/2022 Item No.6.
ATTACHMENT 2
5 Page 35
11/08/2022 Item No.6.
CITY OF
DISTINCTIVE EY NATURE
FOLSON{
GREENBACK SEWER AND LIFT STATION NO. 3 EASEMENT AND
MAINTENANCE AGREEMENT
ASSOCIATED WITH 99OO GREENBACK LANE
THIS GREENBACK SEWER AND LIFT STATION NO. 3 EASEMENT AND MAINTENANCE AGREEMENT ("Agreement") is made and entered into this 12th day of September, 2022 between 9900 Greenback Lane, LLC (hereinafter referred to as "Owner"), and the City of Folsom, a Municipal Corporation (hereinafter referred to as "City"), relating to Greenback Sewer and Lift Station No. 3 Project ("Project") on Owner's property located at 9900 Greenback Lane, in Folsom, California ("Property").
RECITALS
WHEREAS, City is undertaking improvements to the Greenback Sewer and Lift Station No. 3 as part of the Project in the vicinity of the Property; and WHEREAS, improvements to the Greenback Sewer and Lift Station No. 3 are key components of the Project essential to maintain integrity and operation of the sanitary sewer collection system; and
WHEREAS, Owner desires to grant to City a sewer easement and agrees to the necessary improvements on Owner's Property as shown in Exhibit "A" and in Exhibit "B" and incorporated herein by reference.
WHEREAS, Owner owns the Property shown in Exhibit "C" attaehed hereto and incorporated herein by reference; and,
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants, promises, and agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, do hereby agree as follows:
Page I
11/08/2022 Item No.6.
1. INCORPORATION OF RECITALS
The RECITALS above are true and correct and constitute an enforceable provision of this Agreement.
2. GRANT OF SEWER EASEMENT
For valuable consideration, the amount and sufficiency of which have been received and acknowledged, Owner agrees to grant to City a sewer easement shown in a grant deed attached hereto as Exhibit "D" and accompanying Title Report attached hereto as Exhibit "E" and incorporated herein by reference. Owner represents and warrants that it is sole owner of the Property and that it has full power and lawful authority to grant said sewer easement to City.
3. PROJECT
The Project as shown in Exhibit "F" will re-direct all sewer flows from Lift Station No. 3 over to Lift Station No. 2. The project will increase the efficiency of Lift Station No. 2 while decommissioning Lift Station No. 3 as an active pump station. For potential emergency and operational purposes, the City will purchase a new trailer mounted portable bypass pump. The portable pump and existing ancillary equipment associated with Lift Station No. 3 will service as a backup to Lift Station No. 2 in the event that Lift Station No. 2 needs to be taken out of service.
It is understood that Owner shall not be responsible for any cost or expense related to Greenback Sewer and Lift Station No. 3 Project or the maintenance of Greenback Sewer and Lift Station No. 3 Project.
4. PAYMENT OF EXPENSES
A. City will prepare for and pay for any documents and fees necessary to obtain either easement acquisition, land purchase and/or Agreement Preparation that is related to completing the Project.
B. City shall pay reasonable legal fees and expenses incurred by Owner for reviewing this Agreement and all related documents not to exceed the sum of $1,000.
C. City shall pay a not to exceed sum of $5,200 for the Sewer Easement as identified in the "Memorandum of Appraisal Update" prepared by Bender Rosenthal Incorporated as shown in Exhibit "G".
5. CONSTRUCTION CONSIDERATIONS
A. City shall exercise reasonable efforts to avoid inconveniencing Owner and its tenants residing on the Property during construction of the Project.
B. The Project shall be constructed and installed on the Designated Property, as shown in Exhibit "C".
Page2
11/08/2022 Item No.6.
C. Any on-site work associated with the project which takes place underneath dripline of trees at 9900 Greenback Lane shall conform to the following:
a. City will have an arborist on-site during excavation. b. The arborist will monitor the health of the trees to be preserved and ensure appropriate tree management actions take place in accordance with the most recent version of the International Society of Arboriculture's Best Management Practices - "Managing Trees During Construction" and the City of Folsom's Tree Care and Maintenance Standards.
c. All construction activities conducted within the Critical Root Zone (CRZ) of trees shall be performed under the direct supervision of the project arborist. d. Excavation within the CRZ of existing trees shall be performed via hydro vacuum excavation or air spade under the direct supervision of a qualified project arborist. Any necessary root pruning following the excavation activities shall be performed with sharp, sterile hand tools. Roots that have been ripped, torn, or crushed shall be traced to undamaged tissue and cut cleanly, resulting in a flat surface with the adjacent bark firmly attached. e. Roots exposed from grade cuts or trenching shall not be allowed to dry out.
The cut faces of open trenches shall be wet down every 24 hours until backfilled to prevent root desiccation. If roots will be exposed overnight or if directed by the project arborist, the cut faces shall be moistened and covered until backfilled.
f. Following backfill of the trench, the area shall be thoroughly hand irrigated. g. Any pruning for construction clearance shall be performed by or under the direct supervision ofthe project arborist.
h. The following actions are prohibited within the CRZ:
i. Parking of vehicles, equipment, or storage of material. ii. Wounding or breaking tree trunks or branches through contact with vehicles or heavy equipment.
iii. Contamination of soil by washing out equipment or conducting vehicle maintenance.
i. A certification letter by the project arborist attesting compliance with these requirements shall be submitted to the City and the owner of 9900 Greenback Lane upon project completion.
j. "Critical Root Zone (CRZ)" means the area of soil extending from the tree trunk where roots required for future tree health and survival are located. This critical root zone area for all trees except heritage trees is a circle with a minimum radius of one foot for every one inch in trunk diameter at Diameter Breast Height (DBH). Refer to Figure 12.16-3 below:
11/08/2022 Item No.6.
&-.
FlEure 12.163
ogrcgrBogtlote (%
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k. For heritage trees, the critical root zone area shall be a circle with a minimum radius of one and one-half feet for every one inch in trunk diameter at DSH, unless reduced by the project arborist.
Flgurc 12.16-4
Heritage Tree - Critical Root Zone
.."-icizi-*1\\/1
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D. In the event that any of the five (5) Redwood trees as identified on sheet C 103 and sheet Cl06 of the Greenback Sewer and Lift Station No. 3 Project die or fall over, the City will indemnifr, defend and save the undersigned owners harmless against any and all loss, damage and/or liability, for a period of five (5) years starting from the Notice of Completion of the Greenback Sewer and Lift Station No. 3 Project, which is suffered arising from or connected with the use andlor entry onto the Property by City andlor its agents during the term of this Permission to Enter. In the event that any of the five (5) Redwood trees die or fall over within a period of five (5) years starting from the Notice of Completion of the Greenback Sewer and Lift Station No. 3 Project, the City's obligation to indemnifu the owners shall include but not be limited to replacement of the dead or fallen tree(s). City shall at all times maintain, and require all contractors, subcontractors and agents to maintain, adequate liability insurance with coverage amounts not less than One Million Dollars ($1,000,000) per occurrence and worker's compensation insurance covering all aspects of the Permitted Work.
11/08/2022 Item No.6.
6. PORTABLE BYPASS PUMP LOCATION AND HOURS OF OPERATION A. When the portable bypass pump is not in use, the portable bypass pump will not be stored atLift Station No. 3.
B. Defined below are the conditions of use at Lift Station No. 3 for bypass pump operation:
a. Emergency Operations such as a sewer force main break or pump failure that would have a duration of no more than 74 days of continuous portable bypass pump operations.
b. Temporary Operations such as sewer line cleaning, sewer line inspection, spot repair, training, or other City operations that would have a duration of no more than 30 days of continuous portable bypass pump operations.
C. In the event that the portable bypass pump operations exceed the defined time fiames as outlined in 6.8., the City will coordinate with the Owner in advance prior to exceeding the time frames.
D. The portable bypass pump purchased by the City will include sound attenuation in order to minimize the noise during operations.
E. The City will take all commercially available measures necessary to abate noxious or offensive odors during operation of the portable bypass pump.
7. INDEMNITY
City agrees to indemnify, defend, and hold harmless the Owner from and against any and all losses, liability, or damages arising out of, in consequence of, or resulting from the sole negligence of the City and its employees in connection with this Agreement. City assumes no responsibility to indemnifu Owner for the negligent acts or omissions of Owner, its officers, officials, employees, agents, and volunteers.
8. FURTHERASSURANCES
Owner shall execute and deliver to City any and all documents furthering the intent of this Agreement, including but not limited to documents granting a sewer easement to the City for the purpose of the Project.
9. VENUE
This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Sacramento.
11/08/2022 Item No.6.
10. AMENDMENT
This Agreement shall not be amended, modified, or otherwise changed unless in writing and signed by both parties hereto.
11. INTEGRATION
This Agreement constitutes the entire understanding and agreement of the parties and supersedes all previous and/or contemporaneous understanding or agreement between the parties with respect to all or any part of the subject matter hereof.
12. SEVERABILITY
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this Agreement shall not be affected, except as necessarily required by the invalid provisions, and shall remain in full force and effect unless amended or modified by mutual consent of the parties.
13. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the parties hereto warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of their entity and has/have the authority to bind their party to the performance of its obligations hereunder.
IEND OF DOCUMENT - SIGNATURE PAGE FOLLOWSI
11/08/2022 Item No.6.
IN WITNESS WIIEREOF, the parties hereto have caused this Agreement to be duly executed' (!f a corporation, uust be sigted by two oScers of the
"orporition
pe, Corporations Code section 313')OWNER:
9900 Greenback Lane LLC ProPertY
Timothy McDonnell
PrinJName
Title
CITY OF FOLSOM, A Municipal Corporation:
Tax
Signature
PrintName
Title
Date
ATTEST:
Elaine Andersen, CitY Manager
FTINDING AVAILABLE:
Christa Freemantle, CitY Clerk Date StaceY Tamagni, Finance Director Date ORIGINAL APPROVED AS TO CONTENT: ORIGINAL APPROVED AS TO FORM:
Marcus Yasutake,
Environmental & Water Resources Director
Date StevenWang, CitY Attorney Date
NOTICE:SIGNATURE(S)oNBEHALFoFCONSULTANTMUSTBENoTARIZED.
A certificate of u"L,,o*tea"f,o1rrt in
"""*au"t"
with the prwisions of California Civil Code section 1 189 must be attached for each person executing this agrcement on bebalfofconsultant' This section provides' at part (b): "Any cerrificate of acknowledgm"ot tuti"n in aiother ptace rt*"lt uu sufficient in this state if it is taken in accordance with the laws of the place whire the acknowledgment is made' Pz,geT
11/08/2022 Item No.6.
onlv the identitv of
is attached, andhot
or ment.
State of California
County of
"^ o#olr*rl fu /d4Leroreme, 0n tK I
insert name and the
personally appeared
,
who proved to me on the basis of satisfactory evidence to be the na me(slK/a redu bscri bed to the lame arry his/filr lttfir
the personf), or the eftity
the within
authorized on the instrument
upon beha
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 6Wr2@90
W|TNESS my hand and official seal.
Signature (Seal)
CALI FORNIA CERTIFICATE OF ACKNOWLEDGMENT
Optional lnformation
Although the informatron in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthbrized document and may prove useful to persons relying on the attached document, Description of Attached Document
The precedinq Certificate of Acknowledgment is attached to a document titled/for the purpose of ***._
containing pages, and dated
The signer(s) capacity or authority islare as:
n lndividual(s)
! Auorney-in-Far-t
fJ Corporate offrcer(s)
1 ir{e(3)
[: (iuardian/Conservator
I Partner - Lirnited/General
I I lrustee(s)
{-j other,
representing
Ndme(l) oa Ferson(r) o. Enlrty(let 1l-aner i5 Reptesenlinq Method of Signer ldentihcation
Proved to me on the basis of satisfactory evidence:
O form(s) of identifrcation O credibie witness(es)
Notarial event is detailed in notary journal oni
Page # Entry #
I AdclitionalSigne(s) Lj Signer(s)Thumbprint(s)
tr
Nolarv contact:
Other
11/08/2022 Item No.6.
EXHIBIT A
[Legal Description]
11/08/2022 Item No.6.
Angust 31,2022
EXHIBIT 'A'
SEWNR LIFT STATION EASEMENT
LEGAL DDSCRIPTION
A portion of Parcel I as slrown on Parcel Map recotded in Book 19, of Patcel Maps, Page 25, Records of Saclarnento Counfy, located in Lot 2 of Section 35, Township l0 Nolth, Range 7 East, M,D.B,& M., County of Sacratnento, State of California, descdbed as follows:
Commcncing at the southeast colnel' of said Parcel I , thence North 52o48' I 5" West along the easterly line of said Patcel I a distance of 105,26 feet to the easterly extend of the noltltctly line of City of Folsorn Sewer Easemetrt as shown on said ParcelMap and True Point of Beginning; thenue leaving said easterly line of said Parcel I along northerly and eastelly line of said City Easement the following four (4) conseoutive coutses alld distance:
l. Nolth 82o58'24" West a distance of 6?,17 feet;
2. South 07"01 '36" West a distance 6,74 feet;
3, North 82"58'24" West a distance of 2.1I feet;
4. North 05"03'45" East a distarrce of 47 .99 feet to a point on the easterly line of said Parcel l; theuce South 52"48' I 5" East along said eastelly litre a distance of 82,03 feet to Poittt of Beginning.
Containing 1448 squarc feet, tnore or less,
The above-desclibed easement is shown on Exhibit "B" attaclted hereto and made a patt hereof.
The basis of beadngs of this description is based on Patcel I as shown on Patcel Map recorded in Book 19, of Parcel Maps, Page25,Recolds of Sact'atnento County, Alldistances arc Ground distances.
End of Description
This description was prepared by me or under tny direction:
J 6-3t-z-*
Dana John Rcrni s. 8448
LS 844.8
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N;l6wt')S(t la t 00\&rveys\Legnls\t,D-6wus0l0l00 scwer LS l.ittsenenl Legol l)escfiption.docx Sheet I of I
11/08/2022 Item No.6.
EXHIBIT B
[Plat Map]
Page l0
11/08/2022 Item No.6.
^?o
t2
SMUD EASEMENT
PER BOOK 8406-29
O.R. PAGE 1861
SEWER EASEMENT PER
BOOK 19 PARCEL
MAPS PAGE 25, SCR
PARCEL I
BK 19 PM PG 25, SCR
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MUTUAL ACCESS EASEMENT
PER 19 PM 25, SCR
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SOUTHEAST CORNER
PARCEL 1
rNl
W-
PROPOSED SEWER ESMT
1448T, SQ. FEET
SEWER ESMT PER
BK 19 PM Ps 25
EXHIBIT'B'
SEWER LIFT
STATION EASEMENT
A PORTION OF LOT 2
SECTION 35, T.1O N., R.7 E., M.D.B.M.
CITY OF FOLSOM
SACRAMENTO COUNTY, CALIFORNIA
SGALE: 1"=30' AUGUST 2022
NO.
L1
L2
LINE TABLE
BEARING DISTANCE
s07'01'36"W 6.74'
N82'58'24"W 2.11'
PSOMAS
oFC
*
12i PM
'11661 Blocker Drive, Sulte 200
Auburn, Co. 9500J
(aoo) 1oo-rozz
SHEET 1 OF 'I
11/08/2022 Item No.6.
EXHIBIT C
[Parcel Map]
Page I 1
11/08/2022 Item No.6.
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f herelv califv fhof fhe Cily of Folsam
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11/08/2022 Item No.6.
EXHIBIT D
[Easement Deed]
11/08/2022 Item No.6.
NO FEE, For the benefit ofthe City ofFolsom pursuant to Govemmcnt Codc 6103
RBCORDING RBQLJBSTED BYr
City of Folsom
WHEN RECORDED MAIL TO;
NAME
STREET
ADDRESS
City of Folsom
50 Natoma Sfeet
Folsom, CA 95630
Ath: Ciry clerk
SPACE ABOVE FOR RECORDER'S USE
CITY
STATE
zlP
DOCUMENTARY TRANSFERTAX S0: R&TCodc 11922
COMPUTED ON FTJLL VALI}E OF PROPERTY COTWEYED'
PUBLIC SEWER EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledge4 9900 Greenback Lane, LLC, A CALFOTVIA CORPORATION
Hereby GRANT(S) to The City of Folsom, a municipal corporation, The following described Public Sewer Easement in the City of Folsom, County of Sacramento, State of California, described as follows:
A:r easement and rigbt of way for the lnstallation, Repair, Removal, or Replacement of the existing Sewer Lift Station No. 3 and any Undergfound Sewer Lines together with and all appurtenances p€rtaining thereto, oll, over, under, and across that portion ofreal properry described as follows:
See the Attached Exhibit A (Legal Description) & Exhibit B (Plat Map) Together with the perpetual right of ingress to and egress from said property for the purpose of exercising and perfonning all of the rights and privileges herein granted. 9900 Greenback Lane, LLC,
A CALTFORNH CORPORATION
BY
Timothy Property Owner
oN FOLLOWINC LINE; IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE Namc
MAIL TAX STATEMENTS TO PARry SHOWN
Street Address City & State
11/08/2022 Item No.6.
CERTIFICATE OF ACKNOWLEDGMENT pursuant to Civil Code, Section 1189, must be provided.
A certificate of acknowledgrnent in accordance with the provisions of California Civil Code section 1189 must be attac[ed for each person executing this agreement on behalf of consultant.
This section provides, at part &): "Any certificate of acknowle'lgment taken in another place shall be sufficient in this state if it is taken in accordance with the laws of the place where the acknowledgment is made."
STATE OF CALIFORNIA
COUNTY OF n Nafco
r {*t;*On \chb{ Notary Public,
personally appeared
evidence to be
to me that executed the same in
the instnrment,
thepercof,
I certifu under pENALTY OF PERIURY under the laws of the State of California that the foregoing paragraph is true and WITNESS hand and official seal.
Signature (Seal)
ilafrffi
)
)
Aefore
tt
11/08/2022 Item No.6.
EXHIBIT E
[Title Report]
11/08/2022 Item No.6.
cLTA GUARANTEE FORM NO. 28 (06-05-14) CONDITION OF TITLE GUARANTEE North American Title lnsurance Company
Guarantee No.: 54606-22-01252 Amount of Liability: $2'500'00 Date of Guarantee: February 8,2022 at 12:00 AM Fee: $500'00
SCHEDULE A
1 . Name of Assuredi Associated Right of Way Services
2. The estate or interest in the Land which is covered by this Guarantee is Fee Simple
3. The Land referred to in this Guarantee is described as follows:
REAL PROPERTY LOCATED IN THE CITY OF FOLSOM, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1 AS SHOWN ON THE PARCEL MAP ENTITLED'PORTION OF LOT 2 SECTION 35'T, 10 N., R. z e., nrr,b,e. & M., FTLED lN THE oFFtcE oF THE REcoRDER oF SAcRAMENTo couNTY, cALlF. oN AUGUST 26,1974IN BOOK 19 OF PARCEL MAP NO. 25.
EXCEPTING ANY LAND WITHIN THE NATURAL BED OF THE AMERICAN RIVER BELOW THE onoirrrnnv HtcH wATER MARK wHERE tr wAS LocATED PRIoR To ANY ARTIFIcIAL oR AVULSIVE CHANGES IN THE LOCATION OF THE SHORELINE.
PROPERTY ADDRESS: 9900 GREENBACK LANE, FOLSOM, CA 95630 APN: 223-0062-01 9-0000
4. ASSUMNCES:
According to the Public Records as of the Date of Guarantee, a. Title to the estate or interest in the Land is vested in:
9900 Greenback Lane LLC, a California limited liability company b. Title to the estate or interest is subject to defects, liens or encumbrances shown in Schedule B which are not necessarily shown in the order of their priority.
NORTH AMERICAN TITLE COMPANY, INC. North Amerlcan Title lnsurance Company Emilio Fernandez
Prcsident
Byl
XNATIC
x0ntx t[Iitcti lllt: lll5ullll(t (ollPtllY
By:
Authorized Officer or Agent
CLTA Guarantee Form No.6 (06'05-14) Condition of Title Guarantee Schedule A
Form: S,GU.2019
54606-22-01252
11/08/2022 Item No.6.
CLTA GUARANTEE FORM NO. 28 (06-05-14) CONDTTTON OF T|TLE GUARANTEE North American Title lnsurance Company
Guarantee No.:. 54606-22-01252 Amount of Liability: $2,500.00 Date of Guarantee: February 8,2022 at 12;00 AM Fee: $500.00
SCHEDULE B
1, General and special taxes and assessments for the fiscal yaar 2022-2O23, a lien not yet due or payable. 2, General and special taxes and assessments for the fiscal year 2021-2022 .
First lnstallment: $8,145.64 DELINQUENT
Penalty: $814.56
Second lnstallment: $8,145.64 OPEN (Due by 04fiO12022)
Penalty: $834.56
Tax Rate Area: 04-006
A.P. No.: 223-0062-019-0000
3. The lien of defaulted taxes for the fiscal year 2019-2020, and any subsequent delinquencies.
Tax Rate Area: 04-006
A.P. No.: 223-0062-019-0000
Amount to redeem: $34,548,74
Valid through: February 28,2022
Amount to redeem: $34,949.33
Valid through: March 3'1,2022
4 Please contact the tax office to verify the payoff amount.
The lien of supplemential taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code.
Any unpaid amounts for delinquent utilities owed to, or resultant liens in favor of, the County of Sacramento and/or any incorporated Cities within the County of Sacramento, Contact the City of Elk Grove at (916) 478-3642, the City of Folsom at (916) 355-7200, the City of Galt at (209) 366-71 50, or the City of Sacramento at (91 6) 264-5454 for information on amounts due to those cities for properties within those locations. Contact the County of Sacramento at (916) 875-5555 for information on amounts due to any other incorporated cities, and also for information on amounts due to the County.
6. The lien of special tax assessed pursuant to Chapter 2,5 commencing with Section 53311 of the California Government Code for Community Facilities District No. 15, as disclosed by Notice of SpecialTax Lien recorded January 31 , 2002 in Book 20020131 , Page 1 903 of Official Records.
7. Rights of the public in and to that portion of the land lying within Greenback Lane.
Any and all offers of dedications, conditions, restrictions, easements, notes and/or provisions shown or disclosed by the filed or recorded map referred to in the legal description, including but not limited to:
5. 8
CLTA Guarantee Form No. 6 (06-05-14) Condition of Title Guarantee Schedule B
Fom: S.GU.2019
54606-22-01 252
11/08/2022 Item No.6.
9. 10
11 12
CLTA Guarantee Form No, 6 (06-05-14) Condition of Title Guarantee
SCHEDULE B
(Continued)
Easement for Mutual Access and Sewer and incidental purposes affecting as shown on said map.
An easement for underground electrical facilities, together with above-ground appurtenanc€s and incidental purposes, recorded January 21, 1977 in Book 77Q1 21, Page 804 of Official Records. ln Favor of: Sacramento Municipal Utility District
Affects: Strips of land 5 & 10 feet in width traversing portions of the land herein described Terms and provisions contained in the above document-
An easement for electrical facilities and incidental purposes, recorded June 29, 1984 in Book 8406 29'
ln Favor of: Sacramento Municipal Utility District
Atfects: A portion of said land, as described therein
Terms and provisions contained in the above document'
An unrecorded lease dated December 30, 2003, executed by None Shown as lessor and Steakhouse Partners, lnc., a Delaware corporation and Paragon Steakhouse Restaurants, lnc., a Delaware corporation as lessee, as disclosed by a Class 4 Leasehold Deed of Trust, Assignment of Leases and Rents and Fixture Filing recorded August 11 , 2OO4 as in Book 2004081 't , Page 1842 of Official Records.
Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown by the public records.
A Deed of Trust to secure an original indebtedness of $5,030,000.00 recorded August 11,2004 in Book 2004081 1, Page 1842 of Official Records.
Dated: December 30, 2003
Trustor: Steakhouse Partners, lnc,, a Delaware corporation, Paragon Steakhouse Restaurants, lnc., a Delaware corporation
Trustee: Chicago Title lnsurance Company
Beneficiary: Scott Rvita, solely in his capacity as Trustee of the Creditor Trust established pursuant to the order confirming First Amend-ed Joint Plan of Reorganization of Steakhouse Partners, lnc., et al., and the Creditor Trust executed pursuant thereto
A Deed of Trust to secure an original indebtedness of $1,025,000.00 recorded September 30, 2019 as/in Book 20190930 Page 1360 of Official Records.
Dated: September 25, 20'19
Trustor: 9900 Greenback Lane, LLC, a California limited liability company Trustee: Community Bank of the BaY
Beneficiary: Community Bank of the Bay
Affects
The land and other propertY.
Form: S.GU.2019
546s6-22-O1252Schedule B
11/08/2022 Item No.6.
13. 14.
15. 16,
17 SCHEDULE B
(Contlnued)
A request of notice of delinquencies pursuant to Section 2924e of the Califomia Civil Code was recorded November 6, 2019 as/in Book 20191106 Page 1352 of Official Records.
A document entitled "Assignment of Rents" recorded September 30, 2019 as/ln Book 20190930 Page 1361 of Official Records, as additional security for the payment of the indebtedness secured by the deed of trust recorded September 30, 2019 as Book 20190930 Page 1360 of Official Records, A document entitled "Hazardous Substances Certificate and lndemnity Agreement", recorded September 30, 2019 as Book 20190930 Page 1362 of OfficialRecords.
A Deed of Trust to secure an original indebtedness of $845,000.00 recorded November 6, 2019 as/in Book 20191106 Page 1350 of Official Records.
Dated: October 23,2019
Trustor: 9900 Greenback Lane, LLC, a California limited liability company Trustee: Ticor Title
Boneficiary: Bay Area Development Company
Affects:
The land and other property
According to the public records, the beneficial interest under the deed of trust was assigned to U,S. Srnall Business Administration by assignment recorded November 6, 20'19 as/in Book 20191106 Page 1351 of Official Records.
An unrecorded lease dated October I ,2019, executed by 9900 Greenback Lane, LLC as lessor and C.H.
Folsom lnc., as lessee, as disclosed by a Memorandum of Lease and Subordination Agreement recorded November 6, 2019 as Book 20191106 Page 1353 of Official Records.
Defects, liens, encumbrances or other matters affecting the leasehold estate, whother or not shown by the public records
A docurnent recorded November 6, 2019 as lnstrument No. 201 91 1 061 353 of Official Records provides that the above Lease was subordinated to the Deed of Trust recorded November 6, 2019 as lnstrument No. 20191 1 061350 of Official Records.
The terms and provisions contained in the document entitled - Third Party Lender Agreement " recorded November 6, 2019 as Book 20191106 Page 1354 of Otficial Records.
An easement for the right from time to time to construct, place, inspect, remove, replace, maintain and use electrical and communication facilities consisting of underground conduits, wires and cables, with associated, above-ground or below-ground transformers, transformer pads, pedestals, service equipment, terminals, splicing, switching and pull boxes, switch and fuse cubicles, cubicle pads, and allother necessary fixtures and appurtenances and incidental purposes, recorded August '13,2021 as/in Book 20210813 Page 1552, Official Records.
ln Favor of: Sacramento Municipal Utility District, a municipal utility district Affects: a portion of said land
CLTA Guaranl€e Form No. 6 (06-05-14) Condition of Title Guarant€e Form: S.GU.2019 54606-22-0'1252Schedule B
11/08/2022 Item No.6.
18. SCHEDULE B
(Continued)
Terms and provisions contained in the above document'
With respect to 9900 Greenback Lane LLC, a California limited liability company:
a. A copy of its operating agreement and any amendments thereto; b. tf it d b Catifomia ttmiteO tianitity company, that a certified copy of its articles of organization (LLC'1) and any certificate of conection (LLC-11), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10)be recorded in the public records; c. it it is a foriign limiied liability company, that a certified copy of its application for registration (LLC-S) be recorded in the public records;
d, With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Compiny is asked to rely, that such document or instrument be executed in accordance with one of the following, as appropriate:
(i) lf the limited liability -ompany properly operates through officers appointed or elected pursuant to the ierms of a written operating agieement, such document must be executed by at least two duly elected or appointed officers, bs follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) lf the-limited liability company properly operates through a manager or managers identified in the irtictes of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. e. Otneirequirements which the Company may impose following its review of the material required herein and other information which the Company may require
CLTA Guarantee Form No. 6 (06-05-14) Condition of Title Guarantee Schedule B
Form: S.GU.2019
54606-22-01252
11/08/2022 Item No.6.
CLTA GUARANTEE FORM NO. 28 (06-05-14) CONDTflON OF TrrLE GUARANTEE North American Title lnsurance Company
EXHIBIT A
The land referred to in this Policy is described as follows:
REAL PROPERTY LOCATED IN THE CITY OF FOLSOM, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1 AS SHOWN ON THE PARCEL MAP ENTITLED'PORTION OF LOT 2 SECTION 35 - T, 10 N., R,7 E., M.D.B. & M., FILED IN THE OFFICE OF THE RECORDER OF SACRAMENTO COUNTY, CALIF. ON AUGUST 26,1974IN BOOK 19 OF PARCEL MAP NO. 25.
EXCEPTING ANY LAND WITHIN THE NATURAL BED OF THE AMERICAN RIVER BELOW THE ORDINARY
HIGH WATER MARKWHERE IT WAS LOCATED PRIOR TO ANYARTIFICIAL OR AVULSIVE CHANGES IN THE LOCATION OF THE SHORELINE.
PROPERTY ADDRESS: 9900 GREENBACK LANE, FOLSOM, CA 95630 APN: 223-0062-01 9-0000
CLTA Guarantee Form No. 6 (06-05-14) Condition of Tltle Guarantee Exhibit A
Form: S.GU.2019
54606"22-01252
11/08/2022 Item No.6.
Privacy ut
1, ii, ,'
The Doma Family of Companies
Rev. 12120/2021
WHAT DOES THE DOMA FAMITY OF COMPANIES DO WITH YOUR PERSONAL INFORMATION? Financial companies choose how they share your person
to limit some, but not all, sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do' al information. Federal law gives consumers the right
The types of personal information we collect and share depend on the information can include:
r Social Security number and income
r Transaction history and payment history
. Purchase history and account balances
product or service you have with us. Thls
All financial companies need to share customers' personal inforrnation to run their section below, we list the reasons financial companies can share their customers' personal information' the reasons the Doma Family of Companies chooses to share, and whether you can limit this sharing. everyday business. ln the
NoYesFor our everyday buslness purposes
Such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus NoYesFor our marketing Purposes
To offer our products and services to you
No We don't shareFor joint marketing with other financial companies Yes NoFor our affiliates' everyday business purposes
lnformation about your transactions and experiences
No We don't shareFor our affiliates' everyday business purposes lnformation about your creditworthiness
We don't shareNoFor our affiliates to market to You
We don't shareNoFor nonafflliates to market to You
Call 1 (85s) 306-0237Questlons?
Can you limit this sharing?
Reasons we can share your personal information
FACTS
Does Doma
share?
Other lmportant information
*California Residents - Effective January 7,2o21,the California Consumer Privacy Act allows California residents, upon a verifiable consumer request, to request that a buslness that collects consumers' personal information give consumers access, in a portable and (if technically feasible) readily usable form, to the specific pieces and categories of personal information that the business has collected about the consumer, the categories of sources for that information, the business or commercial purposes for collecting the information, and the categories of third parties with which the information was shared. California residents also have the right to submit a request for deletion of information under certain circumstances. lf a business does not produce the information or delete the consumer's personal information as requested, it must provide an explanation in terms of the exemptions and exceptions provided under the CCPA. To contact us with questions about our compliance with the CCPA, call 1 (650) 419-3827 or email [email protected].
11/08/2022 Item No.6.
Who ls provldlng this notice?
How does Doma protect my personal
information?
The Doma Family of Companies (identified below), which offers title insurance and settlement services.
To protect your personal information from unauthorized access and use, we use security measures that comply with federal law, These measures include computer safeguards and secure files and buildings.
How does Doma collect my personal
information?
We collect your personal information, for example, when you ' APpIY for insurance;
. Apply for financingj
. Give us your contact information
. Provide your mortgage information
. Showyourgovernment-issued lD
We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.
Why can't I limit all sharing? Federal law gives you the right to limit only . 5haring for affiliates'everyday business purposes - information about your cred itworth in ess
. Affiliates from using your information to market to you . Sharing for nonaffiliates to market to you
State laws and individual companies may give you additional rights to limit sharing.
Your choices will apply to everyone on your account - unless you tell us otherwise,
Companies related by common ownership or control. They can be financial and nonf inancial companies.
What happens when I limit sharlng for an
account I hold jointly with someone else?
Affiliates
Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies.
. Nonaffiliates we share with can include collection agencies, lT service providers, companies that perform marketing services on our behalf, and consumer reporting agencies.
Joint marketing A formal agreement between nonaffiliated financial companies that together market financial products or services to you.
. Doma doesn't jointly market.
The Doma Fami of Com consists of the followi entities:
Doma Holdings, tnc.
States Title Holding, lnc.
Dorna Corporate, LLC
Doma Home lnsurance Services, LLC
Doma lnsurance Agency, lnc.
Doma lnsurance Agency of Colorado, lnc.
Doma lnsurance Agency of Florida, lnc,
Doma lnsurance Agency of lllinois, lnc.
Doma lnsurance Agency of lndiana, LLC
Doma lnsurance Agency of Minnesota, lnc.
Doma Title Agency of Nevada, lnc.
Doma lnsurance Agency of New Jersey, lnc
Dorna lnsurance Agency ofTexas, lnc.
Doma lnsurance Agency of Utah, LLC
Doma Title lnsurance, lnc.
Doma Trustee Services, LLC
Doma lnsurance Agency of Arizona, lnc.
Doma Title of California, lnc.
NASSA LLC
North American Title lnsurance Company
North American Asset Development, LLC
North American Servlces, LLC
Spear Agency Acquisition lnc.
States Title, LLC
Title Agency Holdco, LLC
11/08/2022 Item No.6.
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11/08/2022 Item No.6.
EXHIBIT F
[Greenback Sewer and Lift Station No. 3 Project Plans]
11/08/2022 Item No.6.
GOOIIMPROVEMENT PLANS FOR
GREENBACK SEWER. AND UFT STATION NO' 3 PROJECT
TITLE SHEET, VICIiIITY HAP AiID LOCATION HAPicr 6of5 c^t6/2312a2 0s
CITY OF FOLSOM
IMPROVEMENT PLANS FOR:
GREENBACK SEWER AND LIFT STATION NO. 3 PROJECT
VOLUME 2: PROIECT DRAWINGS
100o/o SUBMITTAL
JUNE 2022
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11/08/2022 Item No.6.
IMPROVEMENT PLANS FOR
GREENBACK SEWER AND LIFT STATION NO. 3 PROJECT
II'DEX OF DRAWII{GS AilD GEIIERAL TOTESRcE -EpA5- )^EtQal?qac, _-!g1.7:__ilta6n t@6-$.
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11/08/2022 Item No.6.
IMPROVEMENT PLANS FOR
GREENBACK SEWER AND LIFT STATION NO. 5 PROJECT
LEGEIO, ABBNEV|ATIOIIS AND PIPIT{G SYHBOLSicE -' t6!zL a^n lhd/maecL __c!?411_ o^It 5-2tEq4 Y.
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11/08/2022 Item No.6.
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11/08/2022 Item No.6.
IMPROVEMEN1 PI.ANS FOR
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11/08/2022 Item No.6.
GREENBACK SEWER AND LIFT STATION NO. 3 PROJECT
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11/08/2022 Item No.6.
EXHIBIT G
[Easement Appraisall
Pagc I 5
11/08/2022 Item No.6.
MEMORANDUM OF APPRAISAL UPDATE
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City of Folsom Pump Station 3 Project
9900 Greenback Lane, LLC ProPertY
9900 Greenback Lane
Folsom, California 95630
APNs: 223-0062-AL9 and -020
Date of Value: JulY 27,2A2t
Date of Report: August LL,2021'
BRI 19-027
BRI
11/08/2022 Item No.6.
BRI
BENDEN
NO5[NTHAL
INCORPORATEO
City of Folsom Pump Station 3 ProJect
9900 Greenback Lane, LIC Property
Folsom, Callfornia
MEMORANDUM OF APPRAISAL UPDATE
Appralsal Assignment
Owner
Owner Contact
To develop an opinion of the fair market value of the
proposed property rights to be acquired by the City
of Folsom for the Pump Station 3 Project,
The larger parcel consists of a 2,80-acre (net)
commercial site. The larger parcel essentially has
three zones of value. The "main portion" of the
larger parcel has full utility as described throughout
the report. Meanwhile, the existing sewer easement
has limited remaining utility to the property owner
and the isolated remnant area has reduced utility
due to the impact of the existing easement. This will
be discussed and considered within the attached
report.
The purpose of the appraisal assignment is to
provide an opinion of the fair market value of the
property rights to be acquired. We have been
requested to provide an opinion of value under two
scenarios, Scenario 1 {Option A) is to acquire a
proposed permanent easement within the isolated
remnant. Scenario 2 (Option B) is to acquire a portion
of parcel No.1 (0.24 acres) from the owner and the
remaining property rights associated with the
existing sewer easement and the isolated remnant
area. Our analysis also considers the damages and/or
benefits to the remainder under both scenarios.
9900 Greenback Lane, LLC per the associated grade
deed doc# 09301359, dated September 27,2019.
Tim McDonnell (415) 710-5101
BRt 19-027 1
11/08/2022 Item No.6.
BRI
B EI'IDER
ROSENTHAL
I NC ORPO RATE I}
City of Folsom Pump Station 3 Project
9900 Greenback Lane, LLC Property
Folsom, California
Ownershlp Hlstory
Street Address
Assessor's Parcel Numbers (Larger Parcel)
Client / lntended User
lntended Use
Date of Value
Date of Report
The subject property transferred ownership on
September 27, ZOL9. The seller was John Dorman,
successor Trustee of the Chester Doorman and
Sterling Dorman Trust, the buyer was 9900
Greenback Lane tLC. The property sold for
s2,050,000,
There have been no other transferred of the subject
property in the last five years.
9900 Greenback Lane
Folsom, California 95630
223-0062-019 and -020
The client and intended user is the City of Folsom.
The intended use is to assist the City of Folsom in its determination of the amount to be paid as
compensation for the property rights to be acquired
for the City of Folsom Pump Station 3 sewer project.
July 27,2A21
August tt,2O2I
BACKGROUND / CURRENT STATUS
We have reappraised the above-identlfied property and prepared a Memorandum of Appraisal Update (MAU) and updated the work file, which collectively meets the reporting requirements for this appraisal assignment in accordance with the requirements of Standard 2 of USPAP. USPAP further states that a new report is not required to have the same level of detail as the original report so long as the new report incorporates by reference specified informationlanalyses from the prior report, so that, in combination, the referenced portions and the new information/analysis added satisfy the applicable reporting requirements. This option can be used if the original appraiser's firm and the original client/intended user(s) involved are the same since the prior report was issued, assuring they have access to a copy. lf at any time the client/intended user is in need of a copy of the original appraisal, one will be provided upon request, as the original report is necessary to understand the analysis provided in this document.
This MAU hereby incorporates by reference the original appraisal titled "City of Folsom Pump Station 3, Proposed Easement", which has a date of value of March 20,2OL9, and a date of report of April L2,2Ot9- Combined with the original appraisal repon, this MAU constitutes a new assignment. 2BRr 19-027
11/08/2022 Item No.6.
BRI
BEN DEft
ROSENTHAL
I NCORPORATED
City of Folsom Pump Station 3 Project
9900 Greenback Lane, LIC Property
Folsom, California
After the issuance of the original appraisal in 2019, the client has requested an updated appraisal with revised changes in mapping of two different scenarios, Scenario 1 {Option A) dereased the proposed fee acquisition from 1,511 square feet to 1,448 square feet, Scenario 2 (Option B) plans to acquire the remaining property rights located within 0.24-acres or 10,454 square feet of land.
The extraordinary assumptions and hypothetical conditions presented in the original report are restated (or revised as appropriate) below.
EXTRAORDI NARY ASSU M PTION S
At) .i\slfitption, ditectly reloled to a specit'ic ossigniteltl, os ol tho t:.ffective dute oJ llr tssiqnrnent results, which, if fotlnd ta be lalse, c<tttld allar the appraiser's opintons or conr:llsrons, 1, The client provided us with details relating to the proposed easement areas, existing easement areas, and overlapping easement areas. For purposes of our analysis, it is assumed the information provided to us is accurate. lf the easement areas are different than those measurements reported to us, we reserve the right to revise our opinions of value,
2. Specific proposed easement language and specific language pertaining to certain existing easements were not available. However, the client provided us with reasonably similar easement samples. The proposed and existing easements are assumed to be reasonably consistent with the information provided to us by the client.
HYPOTH ETICAL CONDITIONS
A conditiet), dircctly related to o specifi( ossiqnnient, whit:h is canf rory to what is hnown by the oltprniser:o exist on lhe effective dote of the etsigntrrcrft resrlt-s l)ul ls userl fot the putpose ctJ onulysis.
L. The fair market value of the property taken shall not include any increase or decrease in the value ofthepropertythatisattributabletoanyofthefollowing: 1)theprojectforwhichtheproperty is taken: 2) the eminent domain proceeding in which the property is taken; and 3) any preliminary actions of the plaintiff relating to the taking of the property. [California Code of Civil Procedure, Section 1263.3301 Therefore, the fair market value of the larger parcel assumes the property is appraised as if there is no project.
2. The valuation of the subject property, in the condition after the partial acquisition (remainder parcel) and the construction and use ofthe proposed project, is based on a hypothetical condition the project has been completed.
PROPOSED ACQUISITION AREA
We have been requested to analyze two valuation scenarios associated with the subject. This will allow the City of Folsom to consider appropriately consider the cost effectiveness of acquiring and expanding the current permanent easement over the remnant area or acquiring in fee the remaining property rights in the existing easement and the remnant area.
3BRr 19-027
11/08/2022 Item No.6.
BR,I
BENDER
ROSEHTHAL
INCORPORATEtr
Clty of Folsom Pump Station 3 Project
9900 Greenback Lane. LLC ProPertY
Folsom, Callfornia
SCENARIO 1(OPTION A)
Under this scenario, the project proposes to acquire a permanent easernent with similar rights to that associated with the existing sewer easement, Although requestedf the exact language associated with the existing sewer easement was not available; however, the client provided us with a copy of a similar sewer easement of another property within the Folsom market area.
A similar sewer easement read, "An easement and right of way for the lnstallation, Repair, Removal, or Replacement of Underground Sewer Lines together with and all appurtenances pertaining (sic) thereto, on, over, under, and across that portion of real property... Together with the perpetual rights of ingress to and egress from said property for the purpose of exercising and performing all of the rights and privileges herein granted."
For purposes of our analysis, it is assumed the existing sewer easement has similar existing rights' These existing rights are heavily encumbering with limited residual interests to the property owner. Essentially, the property owner only has access rights. We have concluded this type of easement represents 95% of the fee value, with only 5% of residual land rights remaining to the property owner.
For purposes of our analysis, we assume the proposed easement area of 1,448 square feet would include similar rights to the existing sewer easement. The proposed easement will allow the City of Folsom to complete all components of the proposed project, which include construction, maintenance, operation, repairs, and replacement of the grate/drain and other utility related items that could be in the proposed easement area in the future.
It should also be noted, there is an existing overlapping easement. This easement represents a mutual access easement. Based upon an access easement provided for our review, it is assumed the existing mUtUal access easement allowS for road purpoSes on, over, Under, and aCrOSs.
The following map identifies the proposed project area
BRt 19-027 4
11/08/2022 Item No.6.
BRI
BENDER
ROSENTHAL
INCORPORATEO
Clty of Folsom Pump Station 3 ProJect
9900 Greenback Lane, LLc Property
Folsom, California
ScENAR|O 1(OPTTON A)
The proposed easement area includes areas with existing pavement, sidewalk, asphalt, and an existing grate/drain. The balance of the area represents unimproved vacant land. All utility related items observed during the inspection are understood to be within the existing sewer easement area. 5 .t
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EXHIBIT
SEWER
LIFT STATION
A PORTION OF LOT 2
sEcTloN 35, T,10 N., R.7 E., M.D.B.M.
ClrY OF FOLSOM
SACRAMENTO COUNIY, CALIFORNIA
SCALE: 1"=50' JULY 2021
PSOMAS
PROPOSED 5E',lEC ESlvlT
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BRr 19-027
11/08/2022 Item No.6.
BRI
SENO€ R
RO5ENTHAL
INCORFORATEO
City of Folsom Pump Station 3 Project
9900 Greenback Lane, LLC Property
Folsom, Californla
It is our understanding, that although outside the existing sewer easement, the grate/drain is used to direct rainwater away from the front pump station door and re-direct it to the side into the natural drainage swale. The grate/drain does not directly service the existing restaurant structures or site drainage for the larger parcel. To the best of our knowledge, this drain will not be impacted by the project, in fact lt will be extended easterly.
A summary of the planned acquisition is shown in the following.
Scenarlo 1 Total
Iarger Parcel
l,Jnencumbered 2.801 Acres ( 121,9681 Square Feet}
0,0221 AcrFl rl,--t9$ilzgLtq!3lerEep!l
2.8221 Acres (122,935.70! Square Feet)
1,448t Square Feet ( 0.03324i Acres)
Encumbered {Roadwayf
Permanent Easement (25% of rlghts remalnlng)
Remainder Prrcel 2.822* Acres sduare Feetl
Total
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BRI 19-027 6
11/08/2022 Item No.6.
BRI
BENDER
ROSENTHAL
I NCO RPORATEO
City of Folsom Pump Station 3 Project
9900 Greenback Lane, LLC Property
Folsom, California
ScENARTO 2 (OPTION B)
Under this scenario, the project proposes to acquire 10,454 square feet of land which includes the remaining residual property rights associated with the 2,033 square foot existing sewer easement and also acquire the remaining rights associated with the 1,448 square feet of land area identified as the existing isolated remnant land area. lt is the permanent easement area identified in Scenario 1 (Option A). lt is noted that there is 967.70 square feet (in red) of the proposed acquisition in which the property owner has only reversionary rights and is valued at S1.
SCENARTO 2 (OPTTON B)
There are various site improvements and structures located within the existing easement. The City of Folsom previously acquired the rights and constructed these site improvements/structures. Therefore, the contributory value of these items is not considered in the residual rights valuation. 7 I
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EXHIBIT'O'
LEGAL
OESCRIPTION
A PORTION OF LOT 2
SECT|ON 35, T.10 N., R.7 E., M.D.B.M.
CITY OF FOLSOM
SACRAMENTO CQUNTY, CALIFORNIA
scALE: 1"=50' JANUARY 2021
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BRt 19-027
11/08/2022 Item No.6.
BRI
S FNDf R.
NOSE NTH A L
il,rcoRpoRATEO
Clty of Folsom Pump Station 3 Project
9900 Greenback Lane, LLC Property
Folsom, California
A summary of the planned acquisition follows;
Scenario 2 Total
Larger Parcel
Unencumbered
Encumbered (Roadway)
Total
Fee Acquisition Area - Non-Encumbered
Fee Acquisltion Area - Encumbered by Street
Fee Acqulsltlon of Remaining Rightt of ExlstlnB Sewer Easement Area [596 of rights remaining)
Fee Acquisition of Rights Assoclated with Existint Remnant Land Area 125% of rights remainingl
2.80t Acres ( 121,968! Square Feet)
0.022ilkler-l 967.701Square Feetl
2.8221 Acres {122,935.70t Square Feet}
(0.138! Acres) 6,005.30! Square Feet
(0,0221 Acres) 967.70r Square Feet
{0.0467! Acres) 2,033t Square Feet
(0,0332! AcresJ 1,448t Square Feet
2.582i Acres (11.2,481.701t Square Feet)Remalnder Parcel :, :tit:., :.i1i iii,tl.i,itl i.ir,-,i1,. Jir,!r:q!i)r . -;'lr, i , rlr;ir t.:;!it,'ltt)i )i',ti: i:1,;ti1,'ii :l ,rrtir:i,':j:"r
DESCRIPTION OF THE REMAINDER
The project proposes to acquire a small permanent easement (Scenario 1) or a smallfee acquisition of the land area (Scenario 2). ln the after condition, the subject's size will remain unchanged andlor reasonably unchanged, The utility of these areas are already limited due to the existing sewer easement. The proposed acquisition scenarios do not significantly impact the remainder. No damages are anticipated.
Similarly, no benefits to the property are anticipated due to the construction in the manner proposed.
MARKET CONDITIONS
Discussions with brokers active in the market indicate the market has slowed due to the COVID-19 pandemic while landowners wait to see the full economic effects. Sales data over the past few years indicate land prices have been stable, although brokers indicate development fees have been increasing.
Due to a continued strengthening of the local economy, low current interest rates and no near-term expectations for rate increases, land values in the area are expected to remain stable in the coming years.
There have been sales of land similar to the subject property over the past year, indicating moderate demand for commercial land
HTGHEST AND BEST USE OF THE REMAINDER (SCENARIO A)
The project proposes to acquire a permanent easement, ln the after condition, the subject's size will remain unchanged. The property has essentially the same utility in the "after" condition. Overall, the property's size, shape, access and utility are not negatively impacted due to the proposed acquisition and no damages to the property are anticipated due to the proposed project, The highest and best use of the remainder property as vacant is not altered and remains to be for a commercial use that takes advantage of the subject's view amenity.
IBRt 19-027
11/08/2022 Item No.6.
BRI
BENDER
NOSENTHAL
INCOR,PORATED
Clty of Folsom Pump Station 3 Project
9900 Greenback Lane, LLC Property
Folsom, California
HTGHEST AND BEST USE OF THE REMAINDER (SCENARIO B)
The project proposes to acquire the proposed acquisition area in fee (remaining rights). ln the after condition, the subject's size will be approximately 9% smaller. The property has essentiallythe same utility in the "afler" condition. Overall, the property's size, shape, access and utility are not negatively impacted due to the proposed acquisition and no damages to the property are anticipated due to the proposed project. The highest and best use of the remainder property as vacant is not altered and remains to be for commercial use.
VALUE OF THE LARGER PARCEL (LAND ONLY)
The commercial market in the subject's area has been generally stable since the previous date of value, March 30, 2019. There have only been slight changes to the engineering since the previous appraisal was completed. Although market conditions have not changed since the original appraisal there are more recent comparable sales to be analyzed. For this reason, newer sales comparables have been added in addition to the original data to support our analysis. These sales are presented and analyzed below, 9BRt 19-027
11/08/2022 Item No.6.
BR
BENDgN
NESENTHAL
INCORPORATEO
Clty of Folsom Pump Station 3 Project
9900 Greenback Lane, LLC Property
Folsom, Californla
COMPARABLE LAND SALES SUMMARY TABLE AND MAP
Sale fl
DCS
Locatlon
APN No.(sl
Seller
Buver
Sale Date
Doc S
Sale Price Size Acres Slze SF zonin!
Prlce I
st
1578 Creekside Drive
Folsom, Calitornia
APN: 071-1950-00X
Fred and Cathy Katx 2009
Family partnership
4l26l2o2r
LS-1
5938
s1,500,000 1.91r 83,200i Bp-pg 519,23
creekside, LLC
2021-
o425Lr92
LS-2
5937
9433 Greenback Lane
orangevale, callfotnia
APN; 223-0122'070
Donald H Althoff and lean
c Althoff L2/30/2020
2020-
I230L727
s150,000 0.47r 20,473t 5PA $7.22
Finkelstein Commercial
Prooerties
LS-3
5932
Green Valley Road
El Dorado Hills, California
APN:124-301-045
RAP Sunnyside LLC
Sophia Parkway Retail
3lL7l2O2O
2020-012409
s1,500,000 .2.38! 103,673r c s74.47
Partners, LLC
9900 Greenback Lane
Folsom, California
APNs: 223-0062-019 and -020
Appraisal
{Main Portion)
2.80f 121,958i c-3SUBJECT
BJECT
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BRt 19-027 10
11/08/2022 Item No.6.
BRI
BENDER
ROSENTHAL
IN€ORPORATEO
City of Folsom Pump Station 3 Project
9900 Greenback Lane, LLC Property
Folsom, Californla
DISCUSSION OF SALE COMPARABLES
The property appraised is a suburban commercial site. Given limited sales data, and physical differences between the comparable sales selected for analysis, differences in physical characteristics were considered qualitatively.
Clearly, the results of the analysis of each comparable are not absolute; therefore, the appraisers consider the strengths and weaknesses of the analysis in the reconciliation process by giving more or less weight to specific comparable properties. ln the analysis of the individual comparable sales, property characteristics identified that could have an impact on value are considered. The most significant property characteristics considered are property rights transferred, financing, conditions of sale, changes in market conditions, location, access, topography, zoning/general plan designation, shape, availability of utilities, existing easements, and overall utility.
All of the properties analyzed are fee simple transactions and no significant considerations are merited for property rights. lt was reported that the sales were either cash, or cash equivalent and there were no unusual conditions of sale, unless otherwise noted. The comparable sales range from March 2020 through April 2021. Additional comparisons between the subJect and comparables are discussed as follows.
Comparable Land Sale 1
This is the sale of 1.91-acres of land located at
1578 Creekside Drive in Folsom. The site has a
good location with frontage along East Bidwell
Street a throughfare in Folsom. The location
also benefits from its proximity to Folsom's
Central District which contains large box
stores, retail storefronts and commercial
services. The site is level and at street grade
and primarily vacant, with the exception of a
small asphalt paved parking lot located at the
southern corner of the parcel. The site has access to all municipal utilities. The Business Park Planned Development zoning allows for a mix of industrial and commercial uses; however, the neighborhood is primarily built out with large box stores, retail and office space. The buyer took part in a 1031 exchange and plans to develop medical offices on the site. Escrow closed on April 26,202l,for 51,500,000 or $19.23 per square foot.
The comparable sale has a stronger location than the subject due to its proximity to the Central District in Folsom and corner parcel along East Bidwell Street which is superior. The comparable parcel has better utility than the subject which is superior. Overall, based on location and utility of the site the comparable is superior to the subject indicating a value lower than SfS.ZS per square foot.
BRI 19-027 11
11/08/2022 Item No.6.
BRI
BENDER
PO5€NTTiAL
INCORPORATED
Clty of Folsom Pump Station 3 Project
9900 Greenback Lane, LLC Property
Folsom, California
Comparable Land Sale 2
This is the sale of 0.47 acres of land located at
9433 Greenback Lane in Orangevale. The site
is level, at street grade and has access to
municipal services. The site has approximately
115 feet of frontage and exposure along
Greenback Lane, however, the frontage is not
improved with sidewalks, curbs, or gutters.
The special plan area zoning allows for light
industrial and commercial uses. The
surrounding buildout is comprised of light
industrial, commercial office and services and several trailer parks.
This comparable is all level and at sffeet grade which is superior to the subject, However, the comparable has an inferior location and does not have street improvements both of which are inferior. Overall, primarily due to location this comparable is inferior to the subject indicating a value much higher than
57.32 per square foot.
Comparable Land Sale 3
This is the sale of 2.38 acres of land proposed
for commercial use located at the SWC of
Green Valley Road and Sophia Parkway. The
site consists of raw land which is generally
level and at street grade. However, towards
the back of the site there is a portion which
slopes down. The site has access to municipal
services but is not currently connected.
However, the sale had a long escrow period
due to an easement issue with the
neighboring property for utilities which cross the subject. Escrow closed on May t7,2O2O,tor s1,500,000 ot 5t4.47 per square foot.
This comparable has a slightly superior location than the subject. The comparable has areas which slope and are unbuildable similar to the subject. Although the comparable has access to municipal services they are not currently connected which is slightly inferior. Overall, due to small offsetting characteristics this comparable is considered similar to the subject indicating a value close to 5L4.47 per square foot.
BRt 19-027 t2
11/08/2022 Item No.6.
BRI
BEND€R
EOSENTHAL
INCORPOF.ATED
City of Folsom Pump Station 3 Project
9900 Greenback Lane, LLC Property
Folsom, California
VALUE CONCLUSION
Based on the previous discussion, the comparable sales indicate a bracketed range for the subject from approximately $2.67 per square foot to 59.50 per square foot as shown in the following table.
Comp No,
Subject Value
Less Than /
Greater Than
SaleSize
lAcl Oat€
Sale
Price / SF
LS-1
rs-3
ts-2
< 1,91 4/2L
Sublect ronges lrom $r"4.47 to 579.23
= 2.38 3/20
< 0.47 l2l2,
519.23
$r4.47
Sz.sz
VALUE OF THE LARGER PARCEL (LAND ONLY)
Main Portion * LL8,487 SF x 515.00
Sewer Easement Portion - 2,033 SF x $15.00 x 5%
lsolated Remnant Portion - t,448 SF x S15.00 x 25%
Area located within the Steet - 967.70 SF @S1
Total Larger Parcel Value
The previous appraisal report concluded with a land value for the subject property of 515.00 per square foot on the date of value, March 20, 2019, Conversations with brokers and professionals within the subject's commercial real estate market indicate that the market has been stable since the previous date of value. The sales presented above all sold within the last 18 months and indicate a similar value for the subject. For these reasons we conclude with a land value for the subject property of 515,00 per square foot.
The portion of the larger parcel that is known to be located within the existing right-of-way as minimal rights remaining. Given the minimal rights to the owner we have valued the area located within the roadway at $1.
L,777,305
1,525
5,430
L
s 1,784,26r
It is noted that the concluded value above reflects land only, which is why it is lower than the last sale of the property in 2019. The prior sale included land plus all site improvements including the restaurant building.
$
s
s
s
BRr 19-027 13
11/08/2022 Item No.6.
BRI
BENDE II
PO S€NTHA L
I N C OR PORAT ED
City of Folsom Pump Station 3 Project
9900 Greenback Lane, LLC Property
Folsom, California
SCENARTO 1 (OPTION A)
VALUE OF THE PROPOSED ACQUISITION
The property being acquired is valued based on its contributory value as part of the larger parcel' This includes land (fee, all easements, except TCE's) and improvements located within the area of the acquisition, The city of Folsom is proposing to acquire a 0.03324t acre (1,4481 square foot) easement from the subject property. The permanent easement is for sewer, public utilities, and right-of-way purposes as described earlier within the report. This is generally consistent with the rights acquired for the existing sewer easement already encumbering the larger parcel, The unit value of the larger parcel was previously determined to be $1S.OO per square foot; however, the proposed acquisition area represents the isolated remnant portion of the large parcel. This portion of the larger parcel already has limited utility with only 25% of fee simple value remaining in its current condition' As discussed, the proposed easement language is highly encumbering and represents 95% of the fee simple interest, The value of the acquisition is presented as follows,
LAND
Value of the Proposed Permanent Easement
1,448tSquare Feet X $15/SF x23o/ox95%
Total
Value of the Proposed Acquisition (Permanent Easement)
Land
Site lmprovements
Total
s 5,159
s 5,159
5,159
0 s 5,159
SITE IMPROVEMENTS
There are various site improvements and structures located within the existing easement. The City of Folsom previously acquired the rights and constructed these site improvements/structures. Therefore, the contributory value of these items is not considered in the residual rights valuation. lt should be noted, within the proposed acquisition area is various site improvements which include asphalt, sidewalks, driveway, grate/drain, and raw land with some gravel. The comparable market data has similar improvements, and the value of these improvements is considered inherent in the market data.
No additional contributory value is allocated in our analysis.
TOTAL VALUE OF THE PROPOSED ACQUISITION
The total value of the proposed acquisition, which includes the land and the site improvements within the acquisition area, is presented below:
s
s
BRI 19-027 t4
11/08/2022 Item No.6.
BRI
B ENDER
RO'€NTHAL
INCORPORATEO
City of Folsom Pump Station 3 Project
9900 Greenback Lane, LLC Property
Folsom, California
VALUE OF THE REMAINDER AS PART OF LARGER PARCEL ILAND ONLY) The value of the remainder as part of the larger parcel is its contributory value to the larger parcel. The value of the remainder as part of the larger parcel is equal to deducting the part acquired (land) from the value of the larger parcel, which yields:
St,784,z6L - $s,1s9 s 1,779,102
VALUE OF THE REMATNDER, AFTER ACQUtstTtON, BEFORE BENEFTTS (LAND oNLY)
To determine the total market value associated with the acquisition, the partial acquisition appraisal process requires valuation of the remainder parcel as a separate and distinct parcel considering all the marketforces that indicate a loss in value to the remainder parcel. Overall, the proposed acquisition will not negatively impact the utility, desirability, or marketability of the remainder. The part acquired represents, a small area identified as the isolated remnant.
The remainder property will not significantly diminish in size from the before condition. Access will not be impacted, and the property will continue in a similar utility in the after condition. Overall, we have concluded there is no impact to the fair market value of the remainder. The highest and best use of the remainder property is not significantly altered or limited as a result of the proposed acquisition. ln the after condition, the per unit indicator remains the same.
Please note, the proposed easement language for the permanent easement is concluded to be heavily encumbering and represents 95% of the remaining2S% interest of the proposed easement area. As such, the residual property rights to the property owner in this area is 1.25%, while the balance of the property is still considered to have similar remaining property rights as in the before condition.
Value of the Remainder, After Acquisition Before Benefits (Land Only) Main Portion - 118,487 SF x 515.00 x tOO% :
Sewer Easernent Portion - 2,033 SF x 515,00 x 5% =
(Proposed Easement) lsolated Rernnant Portion - L,448 SF x $15.00 x t.25% = Encumbered Area {Roadway) :
Total larger Parcel
L,777,3O5
1,525
27r
L
$ t,779,L02
SEVERANCE DAMAGES
The value of the remainder as part of the larger parcel is compared to the value of the remainder as a separate parcel after acquisition to estimate the loss in value to the remainder as a measure of severance damages.
s
s
s
s
BRt 19-027 15
11/08/2022 Item No.6.
BRI
B F.NFE ft
POSENTHAL
II.ICORP{)RATED
City of Folsom Pump Station 3 ProJect
99CK) Greenback l-ane, LLC Property
Folsom, California
LOSS IN MARKET VALUE
Value ofthe Remainder as Part ofthe Larger Parcel
Value of the Remainder, After Acquisition, Before Benefits Loss in Market Value
s
$
7,779,1O2
7,779,1O2
s 0
CONSTRUCTION CONI'RAC"I WORK
None,
COS"I TO CURE
None.
SEVERANCE DAMAGE SUMMARY
Loss in Market Value S 0
Cost to Cure S 0
TotalDamages S 0
VALUE OF THE REMAINDER, AFTER ACQUISITION, CONSIDERING BENEFITS (LAND ONLY)
To determine the total market value associated with the acquisition, the appraisal process requires the valuation of the rernainder as a separate and distinct parcel considering all the market forces that indicate any increase in value resulting from the construction in the manner proposed to the remainder property. ln the after condition, the per unit indicator remains the same. . Overall, the proposed acquisition will not positively impact the utility, desirability, or marketability of the remainder.
The value of the remainder after acquisition considering benefits is:
Value of the Remainder, After Acquisition, Considering Benefits 5 7,779,L02
BENEFITS
Under California eminent domain law, any potential benefits to the remainder can only be used to offset damages to the remainder. No benefits inure to the remainder due to the proposed project'
GAIN IN MARKET VALUE
Value of the Remainder, After Acquisition, Considering Benefits Less Value of the Remainder, After Acquisition, Before Benefits Gain in Market Value
)
$
t,779,!o2
L,779,tO2
0s
BRt 19-027 16
11/08/2022 Item No.6.
BRI
BENDER
ROSENT14AL
INCONPORATED
City of Folsom Pump Station 3 ProJect
99il) Greenback Lane, LLC Property
Folsom, Callfornia
OPINION OF THE FAIR MARKET VALUE
Scenario 1
Permanent Acqulsition (Sewer Easement)
Net Severance Damages
Total
Rounded
$
s
5,159
0 s
$
5,159
5,200
BRt 19-027 L7
11/08/2022 Item No.6.
BRI
B€N BE R
RO SENTHAT
INCORPORATEB
City of Folsom Pump Station 3 Project
9900 Greenback Lane, LLC Property
Folsom, California
SCENARTO 2 (OPTION B)
VALUE OF THE PROPOSED ACQUISITION
The property being acquired is valued based on its contributory value as part of the larger parcel. This includes land (fee, all easements, except TCE's) and improvements located within the area of the acquisition. The City of Folsom is proposing to acquire 0.24t acres (10,454t square feet) in fee from the subject property. This area is already encumbered by an existing 2,033 square foot sewer easement which retained 5% of its value and an isolated remnant area totaling 1,448 square feet which retained 25% of its value, ln addition, it is noted that 976.70t Square feet of the proposed acquisition is located within the existing roadway. Given the minimal rights remaining we have valued this are at 51. The acquisition will be utilized for the city's sewer system, The value of the acquisition is presented as follows.
LAND
Value of the Proposed Acquisition
Unencumbered Fee Acquisition Area
6,005.30rsquare Feet x $15/SF
Remaining rights of lsolated Remnant Area
1,448tSquare Feet X s15/SF x 25%
Remaining Rights of Existing Sewer Easement Area
2,033tSquare Feet X $rSlSr x SZ
Remaining Rights of Existing Sewer Easement Area
957.70tSquare Feet @ 51
Total Acquisition
s
s
$
s
s
90,080
5,430
1,525
1 97,036
SITE IMPROVEMENTS
It should be noted, within the proposed acquisition area is various site improvements which include asphalt, sidewalks, driveway, grate/drain, and raw land with some gravel. The comparable market data has similar site improvements, and the value of these improvements is considered inherent in the market data, No additional contributory value is allocated in our analysis.
TOTAL VALUE OF THE PROPOSED ACQUISITION
The total value of the proposed acquisition, which includes the land and the site improvements within the acquisition area, is presented below:
Value of the Proposed Acquisition (Fee):
Land $ g7'ogo
Site lmprovements s 0
Total $ 97,ogs
BRt 19-027 18
11/08/2022 Item No.6.
BRI
BEHDE E
ROSENTHAL
I NCORPORAIED
City of Folsom Pump Station 3 Project
9900 Greenback Lane, LLC Property
Folsom, California
VALUE OF THE REMAINDER AS PART OF LARGER PARCEL (LAND ONLY) The value of the remainder as part of the larger parcel is its contributory value to the larger parcel.
The value ofthe remainder as part ofthe larger parcel is equal to deducting the value ofthe part acquired {land) from the value of the larger parcel, which yields:
st,794,26! - s97,036 S L,6g7,zzs
VALUE OF THE REMAINDER, AFTER ACQUISION BEFORE BENEFITS (LAND oNLY)
To determine the total market value associated with the acquisition, the partial acquisition appraisal process requires valuation of the remainder parcel as a separate and distinct parcel considering all the market forces that indicate a loss in value to the remainder parcel. Overall, the proposed acquisition will not negatively impact the utility, desirability, or marketability of the remainder.
The property will continue to have a similar utility in the after condition. Overall, we have concluded there is no impact to the fair market value of the remainder. The highest and best use of the remainder property is not significantly altered or limited as a result of the proposed acquisition. ln the after condition, the per unit indicator for the remainder remains the same as for the larger parcel LAND
Value of the Remainder, After Acquisition Before Benefits
SEVERANCE DAMAGES
5 L,697,225
The value of the remainder as part of the larger parcel is compared to the value of the remainder as a separate parcel after acquisition to estimate the loss in value to the remainder as a measure of severance damages.
LOSS IN MARKET VALUE
Value of the Remainder as Part of the Larger Parcel
Value of the Remainder, After Acquisition, Before Benefits Loss in Market Value
CONSTRUCTI ON CONT RAC I- WORK
None.
COST TO CURE
None.
s
s
7,687,225
r,697,225
s 0
BRt 19-027 L9
11/08/2022 Item No.6.
BRI
8E HDER
ROSENTHAL
INCORPORATEO
City of Folsom Pump Station 3 Project
9900 Greenback Lane, ILC Property
Folsom, California
SEVERANCE DAMAGE SUMMARY
Loss in Market Value
Cost to Cure
Total Damages
So
VALUE OF THE REMAINDER, AFTER ACQUISITION, CONSIDERING BENEFITS (LAND ONLY)
To determine the total market value associated with the acquisition, the appraisal process requires the valuation of the remainder as a separate and distinct parcel considering all the market forces that indicate any increase in value resulting from the construction in the manner proposed to the remainder property, ln the after condition, the per unit indicator remains the same. Overall, the proposed acquisition will not positively impact the utility, desirability, or marketability of the remainder.
The value of the remainder after acquisition considering benefits isl LAND
Value of the Remainder, After Acquisition, Considering Benefits s 7,687,225
BENEFITS
lf the project results in an increase in value to the remainder resulting from the construction in the manner proposed, developing a new opinion of value will be considered; however, under California eminent domain law any potential benefits to the remainder can only be used to offset severance damages to the remainder. No measurable benefits inure to the remainder parcel due to the construction in the manner proposed,
5 0s
Value of the Remainder, After Acquisition, Considering Benefits Less Value of the Remainder, After Acquisition, Before Benefits Gain in Market Value
OPINION OF THE FAIR MARKET VALUE
s
s
L,687,225
7,597,225
s 0
Scenario 2
Permanent Acquisition (Unencumbered Fee Land)
Permanent Acquisition (Existing Sewer Easement)
Permanent Acquisition (Existing lsolated Remnant)
Permanent Acquisition (Roadway Area)
Net Severance Damages
Total
Rounded
s
s
s
s
s
90,080
1,525
5,430
7 0
s
$
,03697
97,100
BRt 19-027 20
11/08/2022 Item No.6.
BRI
gE NDER
ROSENT HAL
INCONPORATEO
Clty of Folsom Pump Station 3 Project
9900 Greenback Lane, LLC Property
Folsom, California
FINAL CONCLUSIONS
FArR MARKET VALUE CONCLUSION (SCENARIO 1)
Scenario 1
Permanent Acquisition (Sewer Easementl
Net Severance Damages
Total
Rounded
FArR MARKET VALUE CONCLUSTON (SCENARTO 2)
0 s
s
s
s
5,159
5,159
5,200
Scenario 2
Permanent Acquisition (Unencumbered Fee Land)
Permanent Acquisition (Existing Sewer Easement)
Permanent Acquisition (Existing lsolated Remnant)
Permanent Acquisition (Roadway Area)
Net Severance Damages
Total
Rounded
s
s
s
s
s
90,080
r,525
5,430
1 0
s
s
,03697
97,100
BRI 19-027 2I
11/08/2022 Item No.6.
BRI
BENDER
R,OSEHTHAL
INCORPORATED
Clty of Folsom Pump Statlon 3 Project
9900 Greenback Lan€, LLC Property
Fobom, Callfornia
APPENDIX
BRI 19-027 22
11/08/2022 Item No.6.
BRI f.ffl#,-"
City of Folsom Pump Station 3 Project
9900 Greenback Lane, LLC Prdperty
Folsom, Callfsrnia
APPRAISER'S CERTI FI CATI ONS
BRt 19-027
11/08/2022 Item No.6.
B
BENDE R
ROSH NTHAL
IHCC'RPORATEO
City of Folsom Pump Station 3 Project
9900 Greenback Lane, LLC Propertv
Folsom, California
APPRAISER,S CE RTI FICATION
I certify that, to the best of my knowledge and belief:
1. The statements offact contained in this report are true and correct. 2, The analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial and unbiased and professional analyses, opinions and conclusions,
3. I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest with respect to the parties involved,
4. I have not appraised the property within the last three years as part of the same project. I have provided no other services pertaining to the subject property in the past three years.
5. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment.
6. My engagement in this assignment was not contingent upon developing or reporting predetermi ned results.
7. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal.
8. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP).
9. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics & Standards of Professional Appraisal Practice of the Appraisal lnstitute, which include the Uniform Standards of Professional Appraisal Practice.
10. The use of this report is subject to the requirements of the Appraisal lnstitute relating to review by its duly authorized representatives.
1f. ldidmakeaninspectionofthepropertythatisthesubjectof thisreportfromtheadjacentright of way,
12. As of the date of this report, I have completed the continuing education proBram of the Appraisal lnstitute.
13. I have not revealed the findings and results of this appraisal to anyone other than the proper officials of the client and I will not do so unless and until authorized by the client, or until I am required to do so by due process of law, or until I am released from this obligation by having publiclV testified as to such findings.
14. Such appraisal has been made in conformity with the appropriate California laws, Title Vl of the 1964 Civil Rights Act, and regulations, policies, and procedures applicable to appraisal of right of way.
15. To the best of my knowledge, no portion of the value of the property appraised consists of items which are non-compensable under the established laws of California.
BRt 19-027
11/08/2022 Item No.6.
BRI
BENDE R
ROSENTHAL
IN6ORPOR,ATEO
City of Folsom Pump Station 3 Project
9900 Greenback Lane, LLC Property
Folsom, California
16. Lawrence Clark with Bender Rosenthal provided significant assistance in the preparation of this report including researching the subject property, researching comparable sales, and the development of a value range. No one else beyond the undersigned provided assistance in the preparation of this report.
17. My opinion of the total fair market value of the appraised property identified in this report was derived without collusion, coercion or direction as to value.
C, Houghton,
Certified General Real Estate Appraiser
California Certificate No. AG039402
BRt 19-027
11/08/2022 Item No.6.
BRI L::;I}S,"
City of Folsom Pump Station 3 Prdect
9900 Greenback Lane, ILC Propprty
Folsom, Callfornia
PLAT AND LEGAL
BRt 19-027
11/08/2022 Item No.6.
July 27,2021
EXHIBIT'A'
SEWER LIFT STATION EASEMENT
LEGAL DESCRIPTION
A portion of Parqel I as shown on Parcel Map recorded in Book 19, of Parcel Maps, Page 25, Records of Sacramento County, locatcd in Lot 2 of Section 35, Township l0 North, Range 7 East, M.D.B.& M., County of Sacramento, State of California, described as follows:
Commencing at the southeast corner of said Parcel I , thence North 52'48'1 5" West along the easterly line of said Parcel I a distance of 105.26 feet to the easterly extend of the northerly line of City of Folsom Sewer Easement as shown on said Parcel Map and True Point of Beginning; thence leaving said easterly line of said Parcel I along northerly and easterly line ol said Cify Easement the following four (4) consecutive courses and distance:
1. North 82"58'24" West a distance of 67.17 feet;
2. South 07"01036" West a distance 6.74 feet;
3. North 82"58'24" West a distance of 2.1I feet;
4. North 05o03'45" East a distance of 47.99 feet to a point on the easterly line of said Parcel l; thence South 52%8' 15" Eas[ along said easterly line a distance of 82.03 feet to Point of Beginning.
Containing 1448 square feet, more or less.
The above-described easement is shown on Exhibit "8" attached hereto and made a part hereof.
The basis of bearings of this description is based on Parcel 1 as shown on Parcel Map recorded in Book 19, of Parcel Maps, Page25, Records of Sacramento County. All distances are Ground distances.
End of Description
This description was ptepared by me or under my direction:
Dana John Remington L.S. 8448 11.
A
LS 8448
Dr ,-
* *
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N:161485010100\Surveys\Legals\LD-6WES0l0l00 Sewer LS Easement Legal Desuiption,docx Sheet I of I
11/08/2022 Item No.6.
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I
l
l
,
I
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-,ttlu)t+t
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PER BOOK 8406-29
O.R. PAGE 1861
SEWER EASEMENT PER
BOOK ,I9 PARCEL
MAPS PAGE 25, SCR
PARCEL 1
BK 19 PM PG 25, SCR
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o ac =-E-01s30e+oNB2'58'24"W\
67.17' a,
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SOUTHEAST CORNER
PARCEL 1
PROPOSED SEWER ESMT
1448+ SQ. FEET
SEWER ESMT PER
BK 19 PM Ps 25
EXHIBIT'B'
SEWER LIFT
STATION EASEMENT
A PORTION OF LOT 2
SECTION 35, T.1O N., R.7 E., M.D.B.M.
CITY OF FOLSOM
SACRAMENTO COUNTY, CALIFORNIA
SCALE: 1"=30' JULY2021
NO.
L1
L2
LINE TABLE
BEARING DISTANCE
s07'01'36"W 6.74'
N82'58'24"W 2.11'
PSOMAS
11661 Blocker Drive, Suite 200
Auburn, Co. 9560J
(800) 400-7072
LS 8448
EXPIRTS
.11.
RE
* *
t OFC
F vhib 7
SHEET .I OF 1
11/08/2022 Item No.6.
January 4,2021
EXHIBIT'A'
LEGAL DESCRIPTION
A portion of Parcel I as shown on Parcel Map recorded in Book 19, ofParcel Maps, Page25, Records of Sacramento County, located in Lot 2 of Section 35, Township 10 North, Range 7 East, M.D.B.& M., County of Sacramento, State of California, described as follows:
Beginning at the southeast corner of said Parcel l, thence along the southerly line of said Parcel I South 89"22'45" West a distance of 170.47 feet to a point that is approximately 0.2'+ easterly of the nonh-south projection of the easterly face of an exisiing concrete block wall; thence leaving said southerly line North 05"10'27" East along a line parallel with and offset 0.2'* easterly of said face of concrete block wall a distance of 123.28 feet to a point on the easterly line of said Parcel l; thence southeasterly along said easterly line South 52o48'15" East a distance of 200.04 feet to the Point of Beginning.
Containing 0.240 acres, more or less.
The above-described easement is shown on Exhibit'Tl" attached hereto and made a part hereof.
The basis of bearings of this description is based on Parcel 1 as shown on Parcel Map recorded in Book 19, of Parcel Maps, PageZl,Records of Sacramento Counfy. All distances are Ground distances.
End of Description
This description was prepared by me or under my direction:
Dana John Remington L.S. 8448
* *
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N:\6PCW0 1 2904\LEGALS\6PCW0 I 29A4 Nicholas Easement Parcel.doct Sheet I of2
11/08/2022 Item No.6.
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TRANSFER AREA
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EXHIBIT'B'
LEGAL
DESCRIPTION
A PORTION OF LOT 2
sEcTtoN 35, T.10 N., R.7 E., M.D.B.M.
CITY OF FOLSOM
SACRAMENTO COUNTY, CALIFORNIA
SCALE: 1"=50' JANUARY 2021
PSOMAS
11661 Bloder Dilve, Suite 200
Auburn. Co. 9560J
(800) 400-7072
DANA
Jl
JOH NI
REMINGTON
L S 8448
IXPIRES **
oFc
6V'/ES010100 Tronster I 1:38 PM
11/08/2022 Item No.6.
BRI
BENDER
ROSENT}IAL
INCORPONATEO
Clty of Folsom Pump Station 3 Project
9900 Greenback Lane, LtC property
Folsom, California
APPRAISER'S QUALI FTCATIONS
BRI 19-027
11/08/2022 Item No.6.
PROFESSIONAL
OUALIFICATIONS
@
I]AVItl H(lUGHT(]N, MAI
Manager of Agency ApPraisal
David Houghton is a Senior Appraiser with Bender Rosenthal (BRI). He has been involved in real estate appraising since 2005 and is a certified General Apprarser in the State of Callforn|a. He has professi.onal experience appraising a wide range of property types, including industrial, office, medical office, retail, multifamily, condemnation, right of way, residential subdivisions, and various agricultural/rurai residential property types.
Between 2A07 and 2014 he worked exclusively on low income housing appraisal assignments. While focused on that specialty, Dave gained experience appraising affordable housing and conducting market studies for Low Income Housing Tax Credit (LIHTC) developers. In 2014, David began working wlth BRI and has since shifted his focus and expertise into right of way appratsai assignments.
Geographicaiiy, Dave has appraised properties and completed market studies throughout Southern and Northern california, washington, Hawaii, and Nevada, with the bulk of the experience in Southern and Northern California.
REPRESENTATIVE I/ALUATIO NS INCLU OE
Office - Existing and proposed office properties in Sacramento Region and Centrat ValleY.
Retail - Existing and proposed retail properties in Northem and Southern Catifornia.
Industriat - Existing and proposed industrial properties in Sacvamento Region and Central Valley.
Multi-family - Existing and proposed multi-family properties in Northern and Southern Catifornia, the state of Washington, New Mexico, Nevada and Hawaii.
Mixed Use - Existing and proposed mixed use properties in Northern and Southern California,
Subdtvision - Proposed residential subdMsions in Sacramento Region and Central Valley.
Eminent Domain - Improved and unimproved properties involving full and partial takings for municipalities, quasi-public companies, and property owners.
Agricuttural - Vineyards. dairies. orchards, field/row crop land. and rural residentiai properties.
Land - Various types of iand appraised such as commerciai land' retail pad sites. residential land. transitional land, and agriculturai/rural residential land.
Multi-family Market Studies - Existing and proposed multi-family LIHTC/HUDruSDA properties in Northern and Southern California, the state of Washington, New Mexico, Nevada and Hawaii.
YEARS llF E)(PERIENCE
15 Years (with BRI since 2014)
PRtl FESS I (l NAL R EB I STRATI (lI'IS
Ca[ifornia Certifi ed General
ReaI Estate Appraiser
AG 039402
Et}UCATINN
BS, Science of Business
Management
University of Phoenix
Phoenix. Arizona
e
@
@
o
PROFESSIONAT AFFITIATI(lNS
Sacramento-Sierra ChaPter of
AppraisaI lnstitute
0EstGNATl0t{$
MAl, Appraisat lnstitute
t]€NDER
{.ro5f:NTllAL
It{{ (:r{1p{f QATEiJ ,,rr:.ii,j;. ji1,j-t .,ri:!,r r..:-:r,/!..,."1 .,t l.,i,ir -"1 J .1,,tr.:t'ti: lr {,r1l:r'i.:i I ,lit"',"i'J'r'lilBRI
11/08/2022 Item No.6.
Folsom City Council
Staff rt
MEETING DATE: 1U812022
AGENDA SECTION: Consent Calendar
SUBJECT: ResolutionNo.10944 - A Resolution Authorizing the City Manager to Execute an Agreement with The Pape Group, Inc. dba Ditch Witch West for the Purchase of a Trailer Mounted Vacuum and Appropriation of Funds
F'ROM: Environmental and Water Resources Department
RECOMMENDATION / CITY COUNCIL ACTION
The Environmental and Water Resources Departments recommends that the City Council pass and adopt Resolution No. 10944 - A Resolution Authorizing the City Manager to Execute an Agreement with The Pape Group, Inc. dba Ditch Witch West for the Purchase of a Trailer Mounted Vacuum and Appropriation of Funds.
BACK / ISSUE
The Environmental and Water Resources Department (EUfR) recognizes the need to have functional equipment available in order to provide reliable, efficient and responsive service.
The trailer mounted vacuum crurently used by the Utility Maintenance Division is failing and based on a review by Fleet staff it is recommended for replacement.
This resolution authorizes the City Manager to execute an agreement with The Pape Group, Inc. dba Ditch Witch West for the Purchase of a Trailer Mounted Vacuum for a total amount of $73,309.1 1.
POLICY / RULE
Section 2.36.t20 of the Folsom Municipal Code states, in part, that contracts for supplies, equipment, services, and construction with an estimated value of $66,141 or greater shall be awarded by the City Council.
I
11/08/2022 Item No.7.
ANALYSIS
The Utitity Maintenance Division repairs water and wastewater infrastructure within the City.
The trailer mounted vacuum is a critical piece of equipment used in excavation work. Use of a trailer mounted vacuum reduces the impact of excavation work on the surface area and is therefore a safer and cleaner alternative to excavation by hand.
The pressure washer system on the current trailer mounted vacuum has failed, and due to the age ofthe equipment, there is limited availability of spare parts for replacement. Consequently, Fleet staff recommended that the current trailer mounted vacuum be retired.
EWR staff obtained the following quotes for a replacement trailer mounted vacuum.
EWR is requesting authority to purchase the equipment from The Pape Group,Inc. dba Ditch Witch West based on them providing the lowest quote.
F'INANCIAL IMPACT
The cost to purchase the trailer mounted vacuum will be equally shared between the Water Operating Fund (Fund 520) andthe Sewer Operating Fund (Fund 530). Sufficient funds are budgeted and available in FY 2022-23 in the Water Operating Fund (Fund 520) in the amount of $36,655. An additional appropriation inthe amount of $36,655 will be required to purchase this vehicle in the Sewer Operating Fund (Fund 530). Staff proposes to transfer $36,655 for the Capital Replacement Fund (Fund 602) to the Sewer Operating Fund (Fund 530) as a transfer out from the Capital Replacement Fund.
The replaced equipment will be sold in accordance with Folsom Municipal Code, section
2.36.220, Disposition of surplus personal property.
EIYVIRONMENTAL REVIEW
This action is exempt from environmental review under the California Environmental Quality Act (CEQA).
ATTACHMENT
Resolution No. 10944 - A Resolution Authorizing the City Manager to Execute an Agreement with The Pape Group, Inc. dba Ditch Witch West for the Purchase of a Trailer Mounter Vacuum and Appropriation of Funds
2 $150,358.23Municipal Maintenance Equipment
$86,320.00Allquip Universal Inc.
$73,309.1 IDitch Witch West
11/08/2022 Item No.7.
Submitted,
Marcus Yasutake, Director
ENVIRONMENTAL AND WATER RESOURCES DEPARTMENT
J Page 123
11/08/2022 Item No.7.
RESOLUTION NO. 10944
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE PAPE GROUP,INC. DBA DITCH WITCH WEST FOR THE
PURCHASE OF A TRAILER MOUNTED VACUUM AND APPROPRIATION OF F'UNDS
WHEREAS, Environmental and Water Resources Department staff has validated the need to purchase a replacement trailer mounted vacuum; and
WHEREAS, staff obtained three quotes for a trailer mounted vacuum; and WHEREAS, The Pape Group, Inc. dba Ditch Witch West provided the lowest quote for the equipment; and
WHEREAS, sufficient funds are budgeted and available in the Water Operating Fund (Fund 520) for this purchase; and
WHEREAS, an additional appropriation will be required in the Sewer Operating Fund (Fund 530) for this purchase; and
WHEREAS, staff is proposing to transfer from the Capital Replacement Fund (Fund 602) the additional funds needed, in the amount of $36,655; and WHEREAS, sufficient funds are available in the Capital Replacement Fund (Fund 602) for this transfer; and
WHEREAS, replaced equipment will be sold in accordance with Folsom Municipal Code section 2.36.220, Disposition of surplus personal property; and WHEREAS, the agreement will be in a form acceptable to the City Attorney:
NOW, THEREFORE' BE IT RESOLVED that the City Council of the City of Folsom authorizes the City Manager to execute an Agreement with The Pape Group, Inc. dba Ditch Witch West for the purchase of a Trailer Mounted Vacuum for a not-to-exceed amount of $73,309.1 l.
BE IT FURTHER RESOLVED that the Finance Director is authorized to appropriate $36,655 in the Capital Replacement Fund (Fund 602) as a transfer to the Sewer Operating Fund (Fund 530) and to appropriate an additional expense and revenue in the Sewer Operating Fund (Fund 530) in the amount of $36,655.
pASSED AND ADOPTED this 8tr day of November,2022, by the following roll-call vote:
AYES:
NOES:
Resolution No. 10944
Page I of2
Councilmember(s):
Councilmember(s):
11/08/2022 Item No.7.
ABSENT:
ABSTAIN:
Councilmember(s):
Councilmember(s):
Kerri M. Howell, MAYOR
ATTEST:
Christa Freemantle, CITY CLERK
Resolution No. 10944
Page2 of2 Page 125
11/08/2022 Item No.7.
This page is intentionatrly left blank.
11/08/2022 Item No.7.
Folsom City Council
Staff ort
RECOMMENDATION / CITY COUNCIL ACTION
Staff recommends the City Council approve Resolution No. 10945 - A Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Dokken Engineering for the Folsom Boulevard Class I Overcrossing Feasibility Study.
BACKGROUND / ISSUE
A glade separated Class I overcrossing along Folsom Boulevard would connect Folsom's over 50 miles of Class I trails, plus another 30 miles of planned Class I trails in the Folsom Plan Area (FPA), to the regional trail network. The high-volume Folsom Boulevard is a major barrier in providing a safe crossing for bicyclists and pedestrians. The overcrossing wiil be a gateway to connect residents, workers, and visitors to a larger network of Class I trails in the region. The overcrossing would provide a seamless connection between the City's Class I trails network and the regional American River Parkway trails, providing users access to over 80 miles of trails in the region and connecting users to cities, communities, and neighborhoods between Folsom and downtown Sacramento. The Folsom Boulevard Trail Overcrossing was identified in the Crty's Active Transportation Plan (ATP) as the best solution for trail users to safely cross four lanes of vehicle traffic and an active (and expanding) light rail line.
The City of Folsom has also considered the needs of frrture active transportation users. An overcrossing would provide a safe, direct access for residents east of Folsom Boulevard to the American River Parkway Trail (ARPT) and businesses, including the communities and neighborhoods that border the ARPT. The overcrossing will be a gateway to connect residents and visitors to a larger network of trails in the region. The overcrossing provides a I
MEETING DATE: 11 1812022
AGENDA SECTION: Consent Calendar
SUBJECT Resolution No. 10945 - A Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Dokken Engineering for the Folsom Boulevard Class I
Overcrossing Feasibility Study
FROM: Parks and Recreation Department
11/08/2022 Item No.8.
seamless connection between the regional, l5-mile Humbug Willow Creek (HBWC) Trail east of Folsom Boulevard and the 32-mile American River Parkway Trail (ARPT), providing users access to over 80 miles of trails in the region and connecting users to downtown Sacramento.
This current step is to procure specialized professional services to conduct the feasibility study and perform preliminary design and engineering of the proposed overcrossing locations, and hence the selection process is governed by section in Section 2.36.120 (Contracting for Designated Professional Services) of the Folsom Municipal Code.
POLICY / RULE
In accordance with Sections 2.36.090(A)(l) and 2.36.120 of the Folsom Municipal Code, professional services are not subject to competitive sealed bidding requirements, and those costing $66,141 or greater shall be awarded by the City Council.
ANALYSIS
On August 26,2022, the Parks and Recreation Department issued a Request for Proposal (RFP) for professional design services for the Folsom Boulevard Class I Overcrossing Feasibility Study. The RFP was distributed to qualified design consultants and advertised on ClPlist.com. The due date for the proposals was September 30, 2022, and three proposals were received. A fuIl review of these proposals was performed by city staff from both the Public Works and Parks and Recreation departments.
Five criteria were used to evaluate the proposals for a total of 100 points: (l) Project Understand ing - 20 points; (2) Qualifications - 20 points; (3) Schedule - 20 points; (4) Past Experience - 25 points, and (5) Cost - l5 points. After reviewing the proposals, the review team deemed Dokken Engineering as best qualified to provide feasibility study services for the proposed Class I overcrossing. Based on these five criteria we scored and ranked the firms as shown in the table below:
Dokken Engineering demonstrated the expertise, capacity, and ability to complete the scope of services which entails project management, public workshop facilitation, bridge design, and cost estimation. The cost proposal from Dokken Engineering is $217,657, which is 517,657 over the amount approved in the FY 2022-23 Capital Improvement Plan budget which authorized $200,000 in American Rescue Plan Act (ARPA) funds for the project.
FINANCIAL IMPACT
The cost for the Folsom Boulevard Class I Overcrossing Feasibility Study is included in the Fiscal Year 2022-23 Capitallmprovement Plan in the amount of $200,000 in American 2 268 89.386 93Dokken Ens. 89
262 87.379 90OuincY Eng. 93
257 85.683 9lPsomas 83
11/08/2022 Item No.8.
Rescue Plan Act (ARPA) funds. The remaining $17,657 would come out of the Transportation Development Act Fund (Fund 2a8).
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) only applies to projects that have the potential for causing a significant effect on the environment. The requested action is not considered a project under CEQA.
ATTACHMENT
1. ResolutionNo. 10945 - A Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Dokken Engineering for the Folsom Boulevard Class I Overcrossing Feasibility Study
Submitted,
Lorraine Poggione,
Parks and Recreation Department Director
J Page 129
11/08/2022 Item No.8.
RESOLUTION NO. 10945
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH DOKKEN ENGINEERING FOR
THE FOLSOM BOULEVARD CLASS I OVERCROSSING F'EASIBILITY STUDY WHEREAS, high-volume Folsom Boulevard is a major barrier in providing a safe crossing for bicyclists and pedestrians; and
WHEREAS, the future Folsom Boulevard Class I Overcrossing will connect residents, workers, and visitors to a larger network of Class I trails in the region; and WHEREAS, the feasibility study for the Folsom Boulevard Class I Overcrossing Project requires specialized professional services ofan engineering and design consultant; and WHEREAS, staff issued a Request for Proposal to qualified consultants for design services for the Folsom Boulevard Class I Overcrossing Project, and received three proposals; and WHEREAS, Dokken Engineering is most qualified to provide specialized professional services for the design and preliminary engineering of the Folsom Boulevard Class I Overcrossing Project identified in the Folsom Active Transportation Plan (ATP) as a high-priority project; and WHEREAS, the cost of the feasibility study and preliminary design and engineering work for the Folsom Boulevard Class I Overcrossing Project is included in the Fiscal Year 2022-23 Capital Improvement Plan (CIP) Budget in the amount of $200,000 in American Rescue Plan Act (ARPA) funds. The remaining $17,657 would come out of the Transportation Development Act Funds (Fund 248).
NOW, THEREF'ORE, BE IT RESOLVED by the City Council of the City of Folsom that the City Manager is authorized to execute a design and engineering Professional Services Agreement with Dokken Engineering, in a form acceptable to the City Attorney, for feasibility study and preliminary design and engineering services for the Folsom Boulevard Class I Overcrossing Project for a total not-to-exceed amount of $217,657.
PASSED AND ADOPTED this 8th day ofNovember 2022,by the following roll-call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember(s):
Councilmember(s):
Councilmember(s):
Councilmember(s):
ATTEST:
Christa Freemantle, CITY CLERK
Resolution No. 10945
Page I of I
Kerri M. Howell, MAYOR
11/08/2022 Item No.8.
Ijn,i.!-::irfi
Folsom City Council
Staff ort
RECOMMENDATION / CITY COUNCIL ACTION
The Public Works Department recommends that the City Council pass and adopt Resolution No. 10946 - A Resolution Authorizingthe City Manager to Execute an Agreement with Cyclone Technology for the Purchase of a CY5000 Hard Surface Cleaning System.
BACKGROUND / ISSUE
The Public Works Departrnent Street Maintenance Division responds to spills of oil and other automotive fluids that stain city streets. These spills are most often caused by heavy duty vehicles and equipment. Additionally, a large number of these spills are caused by the crty's fleet of solid waste collection vehicles, as they service every city street each week. As most of the Solid Waste Division operations take place in residential neighborhoods, this is where the majority of the spills occur.
Response by the Street Maintenance Division to these spills requires a large amount of stafl equipment, and time. Spills are cleaned with absorbent to mitigate the environmentalhazard,but frequently, even after the spill has been cleaned up, a stain on the street remains, resulting in unsatisfied residents and unsightly streets. Staff does not have other resources to effectively resolve the numerous complaints received from the residents that live in the neighborhoods where the spills have occurred.
The purchase of a CY5000 hard surface cleaning system (CY5000) would provide the department with the resource to respond to reports of automotive fluid spills more effectively. The CY5000 I
MEETING DATE: 11 1812022
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 10946 - A Resolution Authorizing the City Manager to Execute an Agreement with Cyclone Technology for the Purchase of a CY5000 Hard Surface Cleaning System
FROM: Public Works Department
11/08/2022 Item No.9.
is an enclosed cab vehicle that combines the advantages of a street sweeper, pressure washer, and vactor (to recover the wastewater) into one piece of equipment that can be operated by a single staff member. In addition, the CY5000 uses hot water to more effectively clean oil and grease than any other piece of equipment cunently owned by the city. While spills from heavy duty vehicles and equipment would be the primary function of the CY5000, the Street Maintenance Division would also use it to maintain the city's corporation yard and clean up other city streets and curbs as needed. The CY5000's profile is also low enough to be used in the parking garage.
This resolution will authorize the City Manager to execute an agreement with Cyclone Technology for the purchase of a CY5000 for the Public Works Street Maintenance Division.
The cost for the purchase of the CY5000 will not exceed $169,021.50. Sufficient funds to purchase the street sweeper are budgeted and available in the Fiscal Year 2022-23 Public Works Fund (Fund 023).
POLICY / RULE
Section 2.36.t20 of the Folsom Municipal Code states, in part, that contracts for supplies, equipment, services, and construction with an estimated value of $66,141 or greater shall be awarded by the City Council.
Section 2.36.170 of the Folsom Municipal Code permits cooperative purchasing agreements for the procurement of any supplies, equipment, service, or construction with one or more public procurement units in accordance with an agreement entered into or between the participants.
ANALYSIS
HGACBuy is a national cooperative purchasing program of which the City of Folsom is a member. The city has purchased items through HGACBuy in the past. Cyclone Technology has a current contract with HGACBuy for the CY5000 at a price that has been assessed to be fair, reasonable, and competitive. HGACBuy contractnumber SMl0-20 will be utilized forthe purchase of the CY5000. The total price for the CY5000, including delivery, is $169,021.50'
FINANCIAL IMPACT
A total of $250,000 has been appropriated within the Fiscal Year 2022-23 Public Works Budget for the purchase of two flatbed trucks. The Department is requesting that the purchase of the two flatbed trucks be postponed to a future budget year and that the funds appropriated within the Fiscal Year 2022-23 be reallocated and used to purchase the CY5000. The contract would be authorized for a not to exceed amount of $169,021.50. Sufficient funds to purchase the CY5000 are budgeted and available in the Fiscal Year 2022-23 Public Works Fund (Fund 023).
2 Page 132
11/08/2022 Item No.9.
ENVIRONMENTAL REVIEW
This action is exempt from environmental review under the California Environmental Quality Act (CEQA).
ATTACHMENT
Resolution No. 10946 - A Resolution Authoridngthe City Manager to Execute an Agreement with Cyclone Technology for the Purchase of a CY5000 Hard Surface Cleaning System Submitted,
Mark Rackovan, Public Works Director
J Page 133
11/08/2022 Item No.9.
RESOLUTION NO. 10946
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH CYCLONE TECHNOLOGY F'OR THE PURCHASE OF'A CYsOOO HARD SURFACE CLEANING SYSTEM
WHEREAS, the Public Works Department Streets Maintenance Division responds to spills of oil and other automotive fluids that stain city streets WHEREAS, staff has validated its need to purchase a CY5000 Hard Surface Cleaning System to more effectively mitigate the stains caused by the spills; and WHEREAS, the Fiscal Year 2022-23 Public Works Fund (Fund 023) Budget included $250,000 for the purchase of two flatbed trucks, of which the entire $250,000 is still available; and WHEREAS, staff is requesting that the purchase of the two flatbed trucks be postponed to a future budget year and the funds appropriated within the Fiscal Year 2022-23 for the purchase of two flatbed trucks be reallocated and used to purchase the CY5000 Hard Surface Cleaning System; and
WHEREAS, this purchase will be made through HGACBuy, which used its recognized cooperative purchasing agreement to award a contract to Cyclone Technology in an amount not to exceed $ I 69,021.50; and
WHEREAS, staff recommends the execution of a contract with Cyclone Technology for the purchase of a CY5000 Hard Surface Cleaning System; and WHEREAS, the agreement will be in a form acceptable to the City Attorney:
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes the City Manager to execute an agreement with Cyclone Technology to purchase a CY5000 Hard Surface Cleaning System for the Public Works Department at a not to exceed amount of $169,021.50.
PASSED AND ADOPTED this 8th day ofNovember 2022,by the following roll-call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember(s):
Councilmember(s):
Councilmember(s):
Councilmember(s):
ATTEST
Christa Freemantle, CITY CLERK
Resolution No. 10946
Page I ofl
Kerri M. Howell, MAYOR
11/08/2022 Item No.9.
t;. r.ri1r;{ 1, t rt, t;
Folsom City Council
Staff Re ort
MEETING DATE: 11 1812022
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 10947 - A Resolution Authorizing the City Manager to Execute an Agreement with Vesta Modular for a Five-Year Lease of a Modular Trailer for the Waste and
Recycling Division
FROM: Public Works Department
RECOMMENDATION / CITY COUNCIL ACTION
The Public Works Department recommends that the City Council pass and adopt Resolution No. 10947 - A Resolution Authorizing the City Manager to Execute an Agreement with Vesta Modular for a Five-Year Lease of a Modular Trailer for the Waste and Recycling Division.
BACKGROUND / ISSUE
The Public Works Waste and Recycling Division is located at the City of Folsom Corporation Yard. The operations staff work out of a modular building originally leased from Perfonnance Modular. Performance Modular has since been sold to Vesta Modular, who currently owns the building. The existing lease, originally executed :rr2017, expires in November 2022 and the Waste and Recycling Divisionwould like to continue to occupy andrentthe building.
Staff is recommending entering into a lease agreement to continue using the cunent Waste and Recycling operations building for the next five yea.rs. The five-year lease option will eliminate any variation in rent, ensure maintenance issues are handled effectively, and secure the building for Waste and Recycling Division use. The short-term lease allows for an easier transition when the Waste and Recycling Division is moved to the future location of the Corporation Yard.
This resolution will authorize the City Manager to execute an agreement with Vesta Modular for a five-year lease of the modular trailer currently occupied by the Waste and Recycling 1
11/08/2022 Item No.10.
Division operations staff. Funding for this project is budgeted and available in the Solid Waste Fund (Fund 540).
POLICY / RULE
Section 2.36.080 of the Folsom Municipal Code states, in part, that contracts for supplies, equipment, services, and construction with an estimated value of $66,141 or greater shall be awarded by the City Council.
ANALYSIS
In consideration of the future transition to a new Corporation Yard, the Waste and Recycling Division recommends entering into a five-year lease agreement to continue using the operations building it has occupied since 2017. A lease agreement fixes monthly cost and establishes the responsible party for maintenance and repairs of the building. If the current Corporation Yard were going to be used long-term, a longer-term office solution would be evaluated through a bid process; however, taking into consideration the cost and operational disruption of removing the current building and installing a new building, entering into a new lease to seamlessly continue operations is the most practical course of action.
F'INANCIAL IMPACT
The Waste and Recycling Division proposes a five-year lease agreement with Vesta Modular for an amount not to exceed $104,718.00, which includes $18,735.60 per year for rent and an estimated $11,040.00 in the final year to pay for the cost of removing the building. The final year removal costs are subject to change based on the market rate althe time. The annual cost is a 2lYo increase over the previous lease; however, the five-year lease agreement locks in a saving of $2,715 .24 per year over the shortest available lease of 12 months.
Funding for the remainder of Fiscal Year2022-23 inthe amount of $14,051.70 is available in the FY 2022-23 Budget in the Solid Waste Fund (Fund 540). Funding for the annual lease cost of $18,735.60 will be budgeted in subsequent years.
ENVIRONMENTAL REVIEW
This action is exempt from environmental review under the California Environmental Quality Act (CEQA).
ATTA NTS
Resolution No. 10947 - A Resolution Authorizing the City Manager to Execute an Agreement with Vesta Modular for a Five-Year Lease of a Modular Trailer for the Waste and Recycling Division
2 Page 136
11/08/2022 Item No.10.
Submitted,
Mark Rackovan, PUBLIC WORKS DIRECTOR
J Page 137
11/08/2022 Item No.10.
RESOLUTION NO. 10947
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH VESTA MODT]LAR F'OR A F'IVE.YEAR LEASE OF A MODT]LAR
TRAILER FOR TIIE WASTE AND RECYCLING DTVISION
WHEREAS, the Public Works Waste and Recycling Division operation currently utilizes a rented modular trailer, located at the City of Folsom Corporation Yard; and WHEREAS, the lease for the existing modular trailer has expired; and WHEREAS, the current modular trailer is meeting operational needs of the Waste and Recycling Division; and
WHEREAS, staff has considered the limited term use of the current Corporation Yard in the recommendation to lease the existing building rather than solicit bids for a replacement building; and
WHEREAS, a lease agreement secures the building for use by the Waste and Recycling Division over the next five years; and
WHEREAS, staff recommends the execution of an agreement with Vesta Modular for a five-year lease of a modular trailer; and
WHEREAS, funds are budgeted and available in the Solid Waste Fund (Fund 540); and WHEREAS, the agreement will be in a form acceptable to the City Attorney:
NOW' THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes the City Manager to execute an agreement with Vesta Modular for a five-year lease of a modular trailer for the Waste and Recycling Division at anot to exceed amount of $104,718.00, including estimated costs for removal of the leased trailer at the conclusion of the lease.
PASSED AND ADOPTED this 8th day ofNovember 2022,by the following roll-call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember(s)
Councilmember(s)
Councilmember(s)
Councilmember(s)
Keni M. Howell, MAYOR
ATTEST:
Christa Freemantle, CITY CLERK
Resolution No. 10947
Page I of 1 Page 138
11/08/2022 Item No.10.
.:t'! i ,l
ri +').i '-'i ir\'i
r: ,rrtliri tl t:Y1 ii
Folsom City Council
Staff Re rt
RECOMMENDATION / COUNCIL ACTION
Staff recommends the City Council move to adopt Resolution No.10949 - A Resolution Approving a Five-Year Extension to the Agreement between the City of Folsom and the Folsom Tourism Bureau Relative to the Folsom Tourism Business Improvement District.
BACKGROUND / ISSUE
The City Council adopted Resolution No. 9055 on August 23,2012, designating the Folsom Tourism Bureau (FTB) to act as the Owners' Association for the Folsom Tourism Business Improvement District (FTBID).
The City Council subsequently approved Resolution No. 9072 on October 23,2012, authorizing the City Manager to execute an agreement with the FTB to serve as the Owners' Association to the FTBID for a five-year term from January I,2013 to December 31, 2017 .
On Decemb er 12,2017 , the City Council adopted Resolution No. 10051 approving a five- year extension to the agreement between the City of Folsom and the Folsom Tourism Bureau relative to the Folsom Tourism Business Improvement District.
This Agreement between the City and FTB provides the Crty an option to extend the Agreement for another five years after review of the FTB's annual report and approval by the City Council. The FTB has requested that the Agreement be extended for an additional five- year term (please see Attachment2).
I
MEETING DATE: tll8l2022
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 10949 - A Resolution Approving a Five-Year Extension to the Agreement Between the City of Folsom and the Folsom Tourism Bureau Relative to the Folsom Tourism
Business Improvement District
FROM: City Manager's Office
11/08/2022 Item No.11.
POLICY / RULE
Section 3.100.080 of the Folsom Municipal Code states thatanonprofit corporation shall be designated by the City Council to serve as the owners' association for tourism business improvement districts in the resolution of intention and resolution of formation, and that the City will enter into a contract with the designated nonprofit.
ANALYSIS
The FTB provides substantial public benefit to the City in serving as the Owners' Association for the FTBID by administering District services and providing marketing and visitor programs to promote Folsom lodging businesses.
It is stafls assessment that the FTB has complied with all terms of the Agreement, including providing an annual report describing activities completed in the previous fiscal year and planned for the coming fiscal year (Attachment 3 and also agendized as a Scheduled Presentation by the FTB at the City Councills November 8,2022 meeting).
City staff and the FTB seek the City Council's approval to extend the Agreement for an additional five-year term from January 1,2023 to December 31, 2027.
FINANCIAL IMPACT
The FTBID assessment, which is a levy imposed on businesses for the purpose of providing services, activities, and programs that promote tourism in the City of Folsom, has no impact on the City's General Fund.
ATTACHMENTS
1. ResolutionNo. 10949 - A Resolution Approving a Five-Year Extension to the Agreement between the City of Folsom and the Folsom Tourism Bureau Relative to the Folsom Tourism Business Improvement District
2. Letter from Folsom Tourism Bureau
3. Folsom Tourism Bureau Annual Report FY 2021-22
Submitted,
Christine Brainerd, Communications Director
2 Page 140
11/08/2022 Item No.11.
Attachment 1.
Resolution No. 10949 - A Resolution Approving a
Five-Year Extension to the Agreement between the City
of Folsom and the Folsom Tourism Bureau Relative to the Folsom Tourism Business Improvement District
11/08/2022 Item No.11.
RESOLUTION NO. 10949
A RESOLUTION APPROVING A F'IVE.YEAR EXTENSION TO THE AGREEMENT
BETWEEN THE CITY OF F'OLSOM AND THE FOLSOM TOURISM BUREAU
RELATIVE TO THE FOLSOM TOURISM BUSINESS IMPROVEMENT DISTRICT WHEREAS, the City Council adopted Resolution No. 9055 on August 23, 2012, designating the Folsom Tourism Bureau ("FTB") to act as the Owners' Association for the Folsom Tourism Business Improvement District ("FTBID") pursuant to an agreement approved by the City Council; and
WHEREAS' the City Council approved Resolution No. 9072 on October 23, 2012 authorizing the City Manager to execute an agreement with the FTB to serve as the Owners' Association to the FTBID for a five (5) year term from January 1,2013 to December 31, 2017; and
WHEREAS, on December 12,2017, the City Council adopted Resolution No. 10081 approving a five-year extension to the agreement between the City of Folsom and the Folsom Tourism Bureau relative to the Folsom Tourism Business Improvement District.
WHEREAS, Section a(C) of the Agreement between the City of Folsom and the FTB provides the City an option to extend the Agreement for another frve (5) years after review of the annual report from FTB and approval by the City Council; and WHEREAS, the FTB has requested that the Agreement be extended for an additional five (5) year term; and
WHEREAS, the FTB provides substantial public benefit to the City in serving as the Owners' Association for the FTBID by administering District services and providing marketing and visitor programs to promote Folsom lodging businesses; and WHEREAS, the City desires to extend the Agreement for an additional five (5) year term from January 1,2023 to December 31, 2027.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Folsom that the Agreement between the City of Folsom and the FTB relative to the FTBID, dated November 27,2012, be hereby extended for another five (5) year term from January 1,2023, to December 3I,2027.
Resolution No. 10949
11/08/2022 Item No.11.
AYES:
NOES:
ABSENT:
ABSTAIN:
PASSED AND ADOPTED this 8ft day ofNovember 2022,by the following roll-call vote:
Councilmember(s):
Councilmember(s):
Councilmember(s):
Councilmember(s):
Keni M. Howell, MAYOR
ATTEST
Christa Freemantle, CITY CLERK
Resolution No. 10949
Page2 of2 Page 143
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Attachment 2.
Letter from Folsom Tourism Bureau
11/08/2022 Item No.11.
November 2,2022
Elaine Andersen
City Manager
City of Folsom
50 Natoma Street
Folsom, CA 95630
Elaine,
On behalf of the Folsom Tourism & Economic Development Corporation (TEDCorp), dBA the Folsom Tourism Bureau, I would like to request a five-year renewalthrough December 2027 of the agreement between the City of Folsom and the Folsom Tourism Bureau to serve as the owners association to the Folsom Tourism Bureau Business lmprovement District (FTBID) We have enjoyed great success with our efforts and look forward to continuing to implement our tourism strategies to improve City revenue. The use of the FTBID funds has helped our hospitality partners and visitor-related businesses, while providing economic development opportunities that benefit our community.
Thank you,
Joseph P. Gagliardi
President & CEO
www.ChooseFolsom.com
11/08/2022 Item No.11.
Attachment 3.
Folsom Tourism Bureau Annual Report FY 202I-22
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gvisitolsom
TO: Elaine Andersen
City Manager
City of Folsom
FROM Joseph P. Gagliardi
PresidenVCEO
Folsom Tourism Bureau
Folsom Tourism Bureau lmprovement District
Fiscal Year: 7 -1 -2021 through 6-30-2022
ln accordance with the Agreement between thd City of Folsom and the Folsom Tourism Bureau dated November 27,2012, the following Annual Report describes the activities undertaken during the fiscal year July 1,2021, through June 30, 2022.
Organizational Background: The Folsom Tourism Bureau was formed in the year 2000 to focus on the growing local market for tourism development. ln 2002 the Tourism Bureau pursued forming a business improvement district (BlD) to strategically grow tourism in Folsom while providing a sustainable funding source to market Folsom as a destination. The Tourism Bureau immediately engaged all its hotel partners to seek their input and developed a strategy to accomplish that objective. The Tourism BID (TBID) was formed in 2003 at a rate of 2 percent for an initial 5-year timeframe and then renewed for an additional 5 years. ln 2012, the Tourism BID was renewed at 4o/o for an additional 2O-year term.
ln 2016, the Greater Folsom Partnership, now known as Choose Folsom, was formed to leverage the efforts of the Folsom Tourism Bureau in conjunction with the Folsom Chamber of Commerce and Folsom Economic Development brands. This structure facilitates an integrated marketing and communication strategy for Folsom and promotes a strong connection between the business and hospitality communities.
The ultimate goal of the Folsom Tourism Bureau programs and services is to promote positive economic benefit for the City of Folsom through increasing occupancy and ADR (Average Daily Rate) in Folsom hotels. lncreased activity increases TOT (Transit Occupancy Tax) and sales tax revenue as well as a residual economic benefit for related market segments in dining, retail, outdoor recreation and entertainment. ln addition, it has become increasingly apparent that destination promotion is a crucial tool that is used to assist in broader economic development issues - not just marketing to the end traveler. Promoting Folsom raises our community profile, opens the door for enhanced opportunities for traditional business relocation, expansion, and new startups to occur. Our destination promotion will also contribute substantially to highlighting the quality-of-life issues critical to the relocation decision as well as our residents' attitude about where they live.
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Description of the Activities conducted durinq the previous fiscal vear: (7/1/2021 to 6t30t221
Groups & Events Supported with Concierge Service: Visit Folsom actively supports community events that bring out-of-town guests. This support included a combination of marketing staff support and financial support in event underwriting and trades. We supported several events last year; a few are listed below. Events that are well run and compatible with the assets and venues in Folsom are essentialto our brand development and increase tax revenue in the region.
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July 2O2l Paddle Splash Festival
August 2021 - Wildfire Support (supported Back Bistro dinner, gift baskets, gift cards, ice cream social at each hotel property)
September 2021 - Hangtown Motocross (usually in May)
October 2021 - Folsom Blues Breakout Half Marathon
November 2021 - Rio del Lago 1OO-Mile Run
November 2021 - Folsom Women's Conference
November 2021 - Foothill Wine Festival
December 2021 - California lnternational Marathon
May 2022 - California Community College Baseball Championship Chanoes ln Personal December & Navisating the New Normal . The first part of the 2021-2022 fiscal year was spent navigating back to a new normal after the pandemic. Events were slow to resume, and corporate travel has been even slower to return. Tourism in Folsom is an integral part of the economy. While the economic benefit started to rebound, it was clear the changing marketplace with various forces at play had presented our destination with new realities. At the end of December 2021, Mary Ann McAlea retired from the Folsom Tourism Bureau after eighteen years of service, and Sally Buchanan was hired in late March 2022. Sally spent the first couple of months on a listening tour with Folsom's eight hotel partners and worked with Choose Folsom to understand the market and needs of our stakeholders.
After gathering data and feedback, Visit Folsom determined the need for a review of existing programs and a new strategy to guide marketing and organizational efforts going forward. ln July of 2022, the TEDCorp Board approved a strategic planning project. This project started in August 2022 and is designed to develop an organizational strategy that finds a balance between tourism, residents, and the experience for both, as well as to elevate the role of tourism in Folsom. This process also includes an analysis of tourism amenities and technology, and investment in these areas is expected to require an increase in funding. Visit Folsom held four stakeholder focus groups in August and September and is currently working on a visitor survey. The process will be wrapped up with a strategic plan report due in early December.
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New lnitiatives Started in 2022-2023
Strategic Visioning: Planning for Visit Folsom marketing and organizational efforts is under way and will be finished in early December of 2022.
New website and content: The website is undergoing a major overhaul including a new back-end system, new content, navigation and technology that will allow a better user experience.
Online Booking Engine: RootRez technology will allow Visit Folsom to seamlessly integrate a branded booking engine into our website and highlight destination-specific attributes through custom promotions, packages, maps, content, filters, and more.
Data: The Zarlico Destination Operating System@ takes intelligence, analytics, and data visualizations and combines it with context and strategic input to support a Destination Management Organization's data-driven decisions in realtime. Zartico's Destination Operating System@ has the capability to track tourism effects on locally owned businesses to foster community and improve resident satisfaction. 50 Economic Alliance: Choose Folsom has partnered with our partners along the eastern Highway 50 corridor, Rancho Cordova, El Dorado County, El Dorado Hills, and Placerville. We work together to showcase everything our region offers for existing and new businesses, their employees, and their customers. This alliance naturally extends to Tourism, and we will continue to foster alignment in these areas using data points received from Zartico.
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Bandwango: The Foothill Wine Passport features 37 wineries in one pass and the opportunity to taste allthe amazing wine the region has to offer. The Foothill Wine Tasting Pass is the gateway to the Sierra Foothill wineries, The pass is a digital ticket to custom tours and discounted tastings throughout the foothills. Each pass is delivered instantly via text message or email. There is no need to download an app because the pass is accessible on the user's phone at any time. ln just seconds, the purchaser will have their pass in hand and ready to taste wine!
Visitor Center Experience: This generation of travelers do not see the value in traditional visitor centers as did previous generations. The traditional model of maps, brochures, and friendly staff does not drive traffic. Given this, we have decided to create an experiential space for our visitors and customers to enjoy. The space is presently being referred to as the Visit Folsom General Store & Foothill Makers Market. Guests will not only be able to find out about Folsom, but they will also be able to grab a to-go snack, purchase high-quality Folsom souvenirs and support local makers by buying homemade wares from Folsom or the surrounding foothill region.
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HootBoard Kiosk: The new Visitor Center & General Store will include an interactive digital kiosk meant to engage visitors and help visitors and residents find attractions, information, and more. The kiosks may eventually be placed in all Folsom hotels if the first proves successful.
Economic Development Team: Choose Folsom brought on Laura Fickle to help support Economic Development and Tourism.
Gontinued lnitiatives
Expanded Network of Event Promoters: Visit Folsom has devoted additional staff resources to extending the outreach for new events that complement our existing resources and hotel mix.
For events that meet our criteria of "fit" and potential for generating room nights, we. enter a short-term underwriting sponsorship agreement to assist in the launch process for a new event. Building strong relationships with event promoters requires a willingness to support them as they work through the permitting and planning process with local partners.
Leverage the Marketing Efforts of Choose Folsom: Folsom's primary message in both economic development and tourism is the outstanding quality of life in Folsom and easy access to the best outdoor recreation in the region. This allows us to commit staff resources and dollars to add to our digital asset portfolio, public relations, and overall marketing for content that can be shared across both platforms. This gives us a tremendous advantage that would not be available if these organizations were siloed and limited by their respective areas of focus.
Coordination of Tourism & Economic Development Activities: The Choose Folsom team conducts corporate calling, identifies all potential inventory in the commercial real estate market, and serves as the primary point of communication for all new business inquiries.
The Choose Folsom teams actively participate with the Greater Sacramento Economic Council to elevate Folsom's profile in the region.
Granite School & the Northern California lnnovation District: Choose Folsom has established the Northern California lnnovation District (NCID). This project empowers innovation, growth, and education with respect to all sectors of the Region and our communities, leveraging the reinvention of existing resources to support the sustainable future growth of the Region. NCID strives to connect, educate, develop, and promote the region and our community. With the spirit of growth alive in NCID's headquarters at the historic Granite School, NCID ensures that education, innovation, and groMh... past, present, and future... come together for a bright future for our Region.
Acquire Additional DigitalAssets to use Across all Platforms: Folsom is a highly visual destination, and high-quality photos and videos are more powerful than any narrative we can provide. As social media and websites are the primary vehicles for outreach, the caliber of the content defines the perception of Folsom and effectively answers the "why" a
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(why would I visit, why would I consider moving my business) through visual storytelling.
We freely share these assets with our partners as well as businesses for their respective platforms. We continue to acquire digital assets and have recently cataloged all video in a software program called Muse, which allows us to more readily find what assets we have. This facilitates using the video more effectively. a Social Media: Facebook, Linkedln, and lnstagram continue as valuable platforms for the Visit Folsom social media presence. We also share content on our Choose Folsom- sponsored event pages to maximize our investment in content development. We also use these sites and the audience we have built to support non-profit partners in their efforts to reach a larger local audience. The budget is allocated for social media advertising and boosted posts to ensure engagement.
Visitor Services
Visitor Collateral: The Choose Folsom team creates, writes, and produces a wide variety of print materials that are the cornerstone of our visitor outreach for all market segments including business, leisure, and residents. During this fiscal year much of what we had on hand had been depleted during COVID. Collateral will be a major focus in 2022-2023. ltems to be redesigned include the Dining Guide and the Getting Around Folsom map. We will also continue to work with our partners to showcase other popular pieces of collateral, such as the Folsom Trail map. The 2023 edition of Folsom Magazine hit the shelves on October 31. The magazine is mailed to all homes in the region and showcased in our 1000 hotel rooms.
Visitor Services Highlights: Visit Folsom is proud of the resources available in the Visitor Center. As mentioned, the Visitor Center is currently undergoing a remodel and will reopen in the new year to offer an even better experience for our guests.
Throughout the course of the year, Visit Folsom receives requests from stakeholders to provide customized welcome packets for incoming groups with maps, dining guides, Folsom swag, etc. Custom visitor packets are prepared for incoming groups at the request of hoteliers, groups, new residents and major employers. o
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o Visit Folsom Goncierge Services: While Visit Folsom is a relatively small bureau, we do offer a high level of service for incoming groups who are seeking support to plan their conference or meeting. Our initial point of contact can come directly through a group considering Folsom as a host city or through a hotel partner looking for some additional support to win a piece of business that is desirable for Folsom Services include:
Itinerary development
Recommendations for ancillary venues such as banquet dining, group meeting space, etc.
Resources such as our transportation incentive, which will allow a group to recoup a portion of their shuttle expense
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lntroductions to partners such as FHDA, zoo staff, or others for event development
Underwriting food/drink options like Snooks, Happy Hours or other hospitality opportunities
a Visit Folsom Marketing Committee: The Visit Folsom team meets monthly with the Director of Sales/General Managers from our eight partner properties. The meeting is an opportunity to share trends in the market, review questions on Folsom developments and create strategic plans to continue to grow the tourism revenue. We move the meeting location monthly to restaurants or entertainment venues to showcase new products and share what is new in Folsom. This group discusses economic development news and businesses which are considering moving into our market, as this is a big area of interest for our hotels. These monthly meetings were finally resumed in person this past July.
a Regional Collaboration: Folsom's partnership with the Gold Country Visitor's AssociationA/isit CA continues to bring increased visibility for Folsom as a highlight on regional itineraries and provides access to marketing opportunities that would be beyond the reach of our local budget. Access to international visitor markets, collaboration on regional tours and representation in the CA State Visitor Guides are just a few of the benefits of this partnership.
Additionally, partnerships with Rancho Cordova Travel & Tourism, Visit El Dorado County, and now the 50 Economic Alliance are a great benefit as collaboration often allows us to host larger groups than any one market can handle alone. a The Folsom Transportation Program: This campaign has started to heat up again as we come out of COVID and continues to perform well for our local hotels. Weddings, family reunions, and large business team building which meet the 1O-rooml0ight minimum are utilizing this shuttle incentive. The promotion is supported by social media and print ads in Real Weddings Magazine, as well as sales kits for each hotel partner. There is also a tremendous referral base from satisfied customers. We continue to allocate the budget for this campaign with the objective of driving more leisure travel. We are now also experimenting with a shuttle program that helps small business groups get to and from the airport and around town.
An accountino of the revenue and expend res for the orevious fiscal vear= (711121 to 6t30t221
a During this fiscal year funds were collected from the eight Folsom hotels (Lake Natoma lnn, Fairfield lnn & Suites, Hampton lnn, Hilton Garden, Larkspur Landing, Marriott Residence lnn and Marriott Courtyard, Staybridge lnn & Suites). The total amount of revenue for FY 21-22 was $1 ,257,100. The total projected expenditures through June 30,2022, for this fiscal year is $745,568
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An estimate of the cost of the activities for'22123 fiscal vear: (7/1/22 to 6/30/23) The Folsom Tourism Bureau expects proceeds from the BID to be $1,300,000 for the timeframe of 711122-6130123. The contributors include eight hotels (Lake Natoma lnn, Fairfield lnn & Suites, Hampton lnn, Hilton Garden, Larkspur Landing, Marriott Residence lnn, Marriott Courtyard, and Staybridge Inn & Suites). Expenditures are anticipated to be approximately $928,400.
The amount of any surplus or deficit revenues to be carried over from a previous fiscal year: The Folsom Tourism Bureau is currently analyzing tourism amenities and technology through a strategic planning process, and investment in these areas is expected to rise.
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Folsom City Council
Staff Re rt
MEETING DATE: l1 t8t2022
AGENDA SECTION: Joint Meeting Public Hearing
SUBJECT: Folsom Ranch Financing Authority City of Folsom Community Facilities District No. 20 (Russell Ranch) Special Tax Revenue Bonds, Series2022
1. Resolution No. 10948 - A Resolution of the City Council of the City of Folsom Authorizing the Issuance of the City of Folsom Community Facilities District No. 20 (Russell Ranch) Special Tax Bonds, Series 2022, the Execution of a F'irst Supplemental Indenture ProvidiFg therefor, Authorizing the Execution of a Local Obligation Purchase Contract, and
Authorizing Necessary Actions and the Execution of Other Documents in Connection therewith
2. Resolution No. 009-Folsom Ranch FA - A Resolution
of the Governing Board of the X'olsom Ranch Financing
Authority Authorizing the Issuance, Sale and Delivery of Not to Exceed $15,0000000 Aggregate Principal Amount of City of Folsom Community Facilities District No.20 (Russell
Ranch) Special Tax Revenue Bonds, Series 2022; Approving the Form and Substance of a Trust Agreemento Authorizing Modifications thereof and Execution and Delivery as
Modified; Approving a Preliminary Official Statement,
Authorizing Changes thereto and Execution and Delivery of an Official Statement to be Derived therefrom; Approving a Local Obligation Purchase Contract and a Bond Purchase
Contract and Execution and Delivery of Each; and
Authorizing Related Actions Necessary to Implement the
Proposed Financing
FROM: Finance Department
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RECOMMENDATION / COUNCIL ACTION
It is recommended that the City Council adopt the following resolution:
Resolution No. 10948 - A Resolution of the City Council of the City of Folsom Authorizing the Issuance of the City of Folsom Community Facilities District No. 20 (Russell Ranch) Special Tax Bonds, Series 2022, the Execution of a First Supplemental Indenture Providing therefor, Authorizing the Execution of a Local Obligation Purchase Contract, and Authorizing Necessary Actions and the Execution of Other Documents in Connection therewith It is recommended the Governing Board of the Authority adopt the following resolution:
Resolution No. OO9-Folsom Ranch FA - A Resolution of the Governing Board of the Folsom Ranch Financing Authority Authorizing the Issuance, Sale and Delivery of Not to Exceed $ 15,000,000 Aggregate Principal Amount of City of Folsom Community Facilities District No. 20 (Russell Ranch) Special Tax Revenue Bonds, Series 2022; Approving the Form and Substance of a Trust Agreement, Authorizing Modifications thereof and Execution and Delivery as Modified; Approving a Preliminary Official Statement, Authorizing Changes thereto and Execution and Delivery of an Official Statement to be Derived therefrom; Approving a Local Obligation Purchase Contract and a Bond Purchase Contract and Execution and Delivery of Each; and Authorizing Related Actions Necessary to Implement the Proposed Financing.
BACKGROUND / ISSUE
Cornmunity Facilities District No. 20 (Russell Ranch) (CFD No. 20) is a community facilities district organized by the City Council under the Mello-Roos Act for the purpose of providing for the construction and acquisition of certain public improvements to serve property within CFD No. 20. CFD No. 20 consists of a gross area of approximately 437.6 acres and is located wholly within the City of Folsom, east of Placerville Road between Highway 50 and White Rock Road. The City established CFD No. 20 by Resolution No. 10035 on November 14, 2017.
Development within CFD No. 20 is planned to include 175 single-family units, 618 single- family high density units and 232 multi-family low density units, for a total of 1,025 units.
Property within CFD No. 20 is in varying stages of development, including completed homes, homes under construction, finished lots, and partially-improved lots. It is anticipated that development will be completed in three main phases: Phase 1, Phase 2 and Phase 3. Phase 1 includes the lots owned and being sold by The New Home Company (TNHC) Northern California and Anthem United. Phase 2 andPhase 3 include lots owned by Lennar Homes and the Landbank.
The cost to construct all the facilities necessary to service property within CFD No. 20 is estimated at approximately $37,420,700 and is comprised of backbone infrastructure, soft costs and subdivision infrastructure. Backbone facilities infrastructure improvements for CFD No. 2 Page 156
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20 arc expected to include transportation improvements, water system improvements, recycled water system improvements, drainage system improvements, wastewater system improvements, and park, parkway and open space improvements. Subdivision infrastructure improvements for development of CFD No. 20 includes, among other things, intract infrastructure such as underground utilities, subdivision roadways, street lighting, soundwalls and landscaping improvements. The table below summarizes the budgeted construction costs for development within CFD No. 20.
Notice of this public hearing was published in the Folsom Telegraph on October 27,2022.
POLICY / RULE
Resolution No. 9282 - A Resolution of the City Council of the City of Folsom Approving Goals and Policies for Community Facilities Districts
Chapter 3.110, "Community Facilities Financing", of the Folsom Municipal Code Mello-Roos Community Facilities Act of 1982
Marks-Roos Local Bond Pooling Act of 1985
ANALYSIs
The Folsom Ranch Financing Authority City of Folsom Community Facilities DistrictNo. 20 (Russell Ranch) Special Tax Revenue Bonds, Series 2022 (Series 2022 Revenue Bonds) are being issued by the Folsom Ranch Financing Authority (FRFA) in a not to exceed amount of $15,000,000 to finance the purchase of the limited obligation special tax bonds (Local Obligations), issued by CFD No. 20. The purchase price of the Local Obligations will be used to finance the acquisition and construction of certain public facilities, fund a debt service reserve account, fund capitalized interest to September l, 2023, and pay certain costs of issuance of the Local Obligations and Series2022 Revenue Bonds.
A special tax will be levied and collected annually to service the Local Obligations. Every year, the City shall determine the annual special tax requirement. The annual special tax requirement is that amount of special tax revenue required in any fiscal year to:
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Item Costs Portion Complete
Costs
Remaining
B ackbone Infrastructure $56,820,600 $33,706,000 $23,1r4,600 Phase 1 Intract Complete Complete Complete
Phase 3 Intract $23,470,000 $23,470,000 $o
Phase 2lnftact $27,863,000 $13,556,900 $14,306,100
Total: $108,153,600 $70,732,900 $37,420,700
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Pay annual debt service on all outstanding bonds for CFD No. 20 Pay other periodic costs on outstanding bonds, including credit enhancement or rebate payments, if applicable
Pay any amounts required to replenish the reserve fund
Pay for reasonably anticipated delinquent special taxes Fund CFD No. 20 PAYGO costs
Pay for authorized services
Pay other associated costs as listed in the Rate and Method of Apportionment The special tax shall be levied each fiscal year proportionately on each Sacramento County assessor's parcel of taxable property within CFD No. 20 at arate up to l00oh of the applicable maximum special tax to satisff the annual special tax requirement. As of the most current appraisal, the appraised value for the property within CFD No. 20 is $365,671,363 and the value-to-lien ratio is 8.8:1, which is in compliance with the Crty's CFD policy. The total projected residential property tax level for developed single-family property is approximately
1.600/o; for single-family high-density property is approximately I.65%o; and for developed multi-family low-density property is approximately 1 .66Vo, and shall not exceed 2.0% of the estimated sales price of the respective homes to be constructed in CFD No. 20.
Upon the conclusion of the noticed public hearing, and by adopting the proposed City Council Resolution, the City Council is taking the following actions in connection with the Local Obligations:
Determining that there are significant public benefits to the City from the proposed financing and approving the Series 2022Revenue Bonds
Authorizing the issuance of an aggregate principal amount of not to exceed $15,000,000 in Local Obligations
Approving the form and substance and the execution and delivery of the First Supplemental lndenture with U.S. Bank Trust Company, National Association Approving the form and substance and the execution and delivery of the Continuing Disclosure Certificate
Approving the form and substance and delivery of the Preliminary Offrcial Statement, and authorizing the preparation, delivery and execution of a final Official Statement Approving the form and substance and execution and delivery of the Local Obligation Purchase Contract
Approving the form and substance and execution and delivery of the Trust Agreement Authorizing the officers of the City to execute any and all documents and instruments, for and on behalf of the City, to carry out the issuance of the Local Obligations By adopting the proposed FRFA Resolution, the Governing Board is taking the following actions in connection with the Series 2022Revenue Bonds:
Authorizing the issuance of an aggregate principal amount of not to exceed $15,000,000 in Series 2022Revenue Bonds
Approving the form and substance and execution and delivery of the Trust Agreement o
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Approving the form and substance and execution and delivery of the Local Obligation Purchase Contract
Approving the form and substance and execution and delivery of the Bond Purchase Contract
Approving the form and substance of the Preliminary Official Statement authorizing the Treasurer to determine when said Preliminary Official Statement is final, and authorizing the distribution of both the Preliminary Official Statement and the Official Statement to be distributed by the Undervrriter.
Authorizing the officers of the FRFA to execute and deliver any and all documents, and to do any and all things deemed necessary to comply with the terms and intent of this resolution.
Other documents included as exhibits to this staff report include Preliminary Official Statement
Trust Agreement
First Supplemental Indenture
Local Obligation Purchase Contract
Bond Purchase Agreement
Continuing Disclosure Certifi cate
Good Faith Estimates
The City has engaged the following consultants to assist in the issuance of these Series 2022 Revenue Bonds:
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Bond Counsel:
Disclosure Counsel
Tax Consultant:
Financial Advisor:
Trustee:
Orrick, Herrington & Sutcliffe LLP
Orrick, Herrington & Sutcliffe LLP
NBS
Fieldman, Rolapp & Associates, Inc.
U.S. Bank Trust Company, National Association
FINANCIAL IMPACT
There is no discernable financial impact on the City of Folsom. The CFD No. 20 formation, bonded indebtedness, and expenses, are solely the responsibility of CFD No. 20. fhe City will receive reimbursement from the issuance of the Series 2022Revenue Bonds for staff time and expenses and will receive an annual administrative fee throughout the term of CFD No. 20; these amounts are intended to offset expenses incurred by the City for administration and other items.
ENVIRONMENTAL REVIEW
An Environmental Impact Report (SCH No. 2014062018) was previously certified for the Russell Ranch project on May 15, 2015 by the City Council in accordance with the requirements of the California Environmental Quality Act (CEQA) and the CEQA 5 Page 159
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Guidelines. Staff has determined that no new impacts will result from this proposal that were not already considered with the previous approval. No further environmental review is required.
ATTACHMENTS
1. Resolution No. 10948 - A Resolution of the City Council of the City of Folsom Authorizing the Issuance of the City of Folsom Community Facilities District No. 20 (Russell Ranch) Special Tax Bonds, Series 2022,the Execution of a First Supplemental Indenture Providing therefor, Authorizing the Execution of a Local Obligation Purchase Contract, and Authorizing Necessary Actions and the Execution of Other Documents in Connection therewith
2. Resolution No. O09-Folsom Ranch FA - A Resolution of the Governing Board of the Folsom Ranch Financing Authority Authorizing the Issuance, Sale and Delivery of Not to Exceed $15,000,000 Aggregate Principal Amount of City of Folsom Community Facilities District No. 20 (Russell Ranch) Special Tax Revenue Bonds, Series 2022; Approving the Form and Substance of a Trust Agreement, Authorizing Modifications thereof and Execution and Delivery as Modified; Approving a Preliminary Official Statement, Authorizing Changes thereto and Execution and Delivery of an Official Statement to be Derived therefrom; Approving a Local Obligation Purchase Contract and a Bond Purchase Contract and Execution and Delivery of Each; and Authorizing Related Actions Necessary to Implement the Proposed Financing.
3. Trust Agreement by and among the Folsom Ranch Financing Authority and the City of Folsom and U.S. Bank Trust Company, National Association, as Trustee
4. First Supplemental Indenture between the City of Folsom and U.S. Bank Trust Company, National Association, as Trustee
5. Preliminary Offrcial Statement for the Folsom Ranch Financing Authority City of Folsom Community Facilities DistrictNo. 20 (Russell Ranch) Special Tax Revenue Bonds, Series 2022
6. Local Obligation Purchase Contract for the City of Folsom Community Facilities District No. 20 (Russell Ranch) Special Tax Bonds, Series 2022 between the Folsom Ranch Financing Authority and the City of Folsom
7. Bond Purchase Agreement for the Folsom Ranch Financing Authority City of Folsom Community Facilities District No. 20 (Russell Ranch) Special Tax Revenue Bonds, Series 2022between the Folsom Ranch Financing Authority and Piper Sandler & Co. 6 8. Continuing Disclosure Certificate
11/08/2022 Item No.12.
9 . Good Faith Estimates for the City of Folsom Community Facilities District No. 20 (Russell Ranch) Special Tax Bonds, Series 2022 and the Folsom Ranch Financing Authority City of Folsom Community Facilities District No. 20 (Russell Ranch) Special Tax Revenue Bonds, Series2022
Submitted,
I
Tamagni
Finance Director
Treasurer of the Folsom Ranch Financing Authority
7 Page 161
11/08/2022 Item No.12.
ATTACHMENT 1
11/08/2022 Item No.12.
RESOLUTION NO. 10948
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOLSOM
AUTHORIZING THE ISSUANCE OF THE CITY OF FOLSOM COMMUNITY FACILITIES DISTRICT NO. 20 (RUSSELL RANCH) SPECIAL TAX BONDSO SERIES 2022, THE EXECUTION OF'A FIRST SUPPLEMENTAL INDENTURE PROVIDING
THEREFOR, AUTHORIZING THE EXECUTION OF A LOCAL OBLIGATION
PURCHASE CONTRACT, AND AUTHORIZING NECESSARY ACTIONS AND THE
EXECUTION OF OTHER DOCUMENTS IN CONNECTION THEREWITH
WHEREAS, the City Council (the "City Council") of the City of Folsom (the "City") has formed the City of Folsom Community Facilities District No. 20 (Russell Ranch) (the "Community Facilities District") under the provisions of the Mello-Roos Community Facilities Act of 1982 (the ooAct"); and
WHEREAS, the City is authorized under the Act to levy special taxes within the Community Facilities District (the "special Taxes") to pay the costs of certain public facilities (the "Facilities") and to issue bonds payable from the Special Taxes; and WHEREAS, in order to provide funds to finance certain of the Facilities (the "Project"), the City proposes to issue not to exceed $15,000,000 principal amount of City of Folsom Community Facilities DistrictNo. 20 (Russell Ranch) Special Tax Bonds, Series 2022 (the "Local Obligations"); and
WHEREAS, the Folsom Ranch Financing Authority (the "Authority") has agreed to purchase the Local Obligations pursuant to a Local Obligation Purchase Contract (the "Local Obligation Purchase Contract") between the Authority and the City with a portion of the proceeds of the Authority's City of Folsom Community Facilities District No. 20 (Russell Ranch) Special Tax Revenue Bonds, Series 2022 (the "Authority Bonds"); and WHEREAS, the City Council has determined in accordance with Government Code Section 53360.4thatanegotiated sale of the Local Obligations to the Authority in accordance with the terms of the Local Obligation Purchase Contract will result in a lower overall cost to the City than a public sale; and
WHEREAS, there has been submitted to the City Clerk of the City (the "City Clerk") a form of First Supplemental Indenture (the "First Supplemental Indenture"), between the City and U.S. Bank Trust Company, National Association, as trustee, supplementing and amending that certain Indenture, dated as of June 1, 2018 (as supplemented and amended by the First Supplemental Indenture, the "Indenture"), between the City and U.S. Bank Trust Company, National Association, as successor to U.S. Bank National Association, as successor to MUFG Union Bank, N.A., each as trustee, providing for the issuance of the Local Obligations and a form of Local Obligation Purchase Contract providing for the sale of the Local Obligations to the Authority; and
WHEREAS, there has been submitted to the City Clerk a form of Trust Agreement (the Resolution No. 10948
Page I of5 Page 163
11/08/2022 Item No.12.
"Trust Agreement"), among the Authorrty, the City and U.S. Bank Trust Company, National Association, as trustee, providing for the issuance of the Authority Bonds; and WHEREAS, the Authority has authorizedthe sale of the Authority Bonds to Piper Sandler & Co., as underwiter (the o'Llnderwriter"), with the net proceeds of sale thereof to be utilized to purchase the Local Obligations from the City; and
WHEREAS' the City desires to assist the Underwriter in its compliance with Rule 15c2- 12 promulgated under the Securities Exchange Act of 1934 ("Rule l5c2-12") pursuant to a Continuing Disclosure Certificate (the "Continuing Disclosure Certificate"); and WHEREAS, the form of a Preliminary Official Statement (the "Pheliminary Official Statement") to be used in connection with the offering and sale of the Authority Bonds has been prepared and is on file with the City Clerk; and
WHEREAS' there have been prepared and submitted to the City Council for consideration at this meeting the forms of:
(a) the Trust Agreement;
(b) the First Supplemental Indenture;
(c) the Local Obligation Purchase Contract;
(d) the Continuing Disclosure Certificate; and
(e) the Preliminary Official Statement; and
WHEREAS, the City Council has considered the evidence of the public benefits to the City of the proposed financing and is fully advised in the premises; and WHEREAS' the City desires to proceed to issue and sell the Local Obligations and to authorize the execution of such documents and the performance of such acts as may be necessary or desirable to effect the offering, sale and issuance of the Local Obligations; and WHEREAS' on this date, the City held a public hearing on the financing of the Project in accordance with Section 6586.5 of Articles 1,2, 3 and 4 of Chapter 5 of Division 7 of Title 1 (commencing with Section 6500) of the Government Code of the State of California (the "Marks- Roos Act"); and
WHEREAS, in accordance with Section 6586.5 of the Marks-Roos Act, notice of such hearing was published once at least five days prior to the hearing in the Folsom Telegraph, a newspaper of general circulation in the City; and
WHEREAS, Government Code Section 5852.1 requires that the City Council obtain from an undenvriter, financial adviser or private lender and disclose, prior to authorization of the issuance of bonds with a term of greater than 13 months, good faith estimates of the following information in a meeting open to the public: (a) the true interest cost of the bonds, (b) the sum of Resolution No. 10948
11/08/2022 Item No.12.
all fees and charges paid to third parties with respect to the bonds, (c) the amount of proceeds of the bonds expected to be received net ofthe fees and charges paid to third parties and any reserves or capitalized interest paid or funded with proceeds of the bonds, and (d) the sum total of all debt service payments on the bonds calculated to the final maturity of the bonds plus the fees and charges paid to third parties not paid with the proceeds of the bonds; and WHEREAS, in compliance with Govemment Code Section 5852.1, the City Council has obtained from Fieldman, Rolapp & Associates, Inc., the municipal adviser to the City, the required good faith estimates and such estimates have been disclosed at this meeting; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Folsom, as follows:
Section l.
and determines.
The foregoing recitals are true and correct, and the City Council so finds Section 2. The City Council, on behalf of the City, hereby approves the issuance of the Authority Bonds to finance the Project and finds that the use of the Marks-Roos Act to assist the City in financing the Project will result in significant public benefits to the citizens of the City, including more efficient delivery of local agency services to residential and commercial development.
Section 3. Subject to the conditions described in Section 8, the issuance of the Local Obligations in an aggregate principal amount not to exceed $15,000,000, on the terms and conditions set forth in, and subject to the limitations specified in, the Indenture, is hereby authorized and approved. The Local Obligations shall be dated, shall bear interest at the rates, shall mature on the dates, shall be subject to redemption, shall be issued in the form, and shall be as otherwise provided in the Indenture.
Section 4. The form of the First Supplemental Indenture providing for the issuance of the Local Obligations, on file with the City Clerk, is hereby approved, and the City Manager of the City (the "City Manager") and the Finance Director of the City (the'oFinance Director") and such other officers of the City as the City Manager or the Finance Director shall designate (each an "Authorized Officer" and collectively, the "Authorized Officers") are, and each of them is, hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver the First Supplemental Indenture in substantially said form, with such changes therein as may be approved by the City Attorney of the City (the "City Attorney"), such approval to be conclusively evidenced by the execution and delivery thereof.
Section 5. The form of the Continuing Disclosure Certificate, in substantially the form submitted to this meeting and made a part hereof as though set forth in full herein, is hereby approved. The Authorized Officers are, and each of them is, hereby authorized and directed, for and in the name of the City, to execute and deliver the Continuing Disclosure Certificate in the form presented to this meeting, with such changes, insertions and omissions as the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution of the Continuing Disclosure Certificate by such Authorized Officer.
Resolution No. 10948
11/08/2022 Item No.12.
Section 6. The Preliminary Official Statement, in substantially the form presented to this meeting and made apafthereof as though set forth in fulIherein, with such changes therein as may be approved by an Authorized Officer, is hereby approved, and the use of the Preliminary Official Statement in connection with the offering and sale of the Authority Bonds is hereby authorized and approved. The Authorized Officers are, and each of them is, hereby authorized and directed, for and in the name of the City, to certifi' to the Undenvriter that the Preliminary Official Statement has been "deemed final" for purposes of Rule l5c2-12.
Section 7. The preparation and delivery of a final Official Statement (the "Official Statement"), and its use in connection with the offering and sale of the Authority Bonds is hereby authorized and approved. The Official Statement shall be in substantially the form of the Preliminary Official Statement, with such changes, insertions and omissions as may be approved by an Authorized Officer, such approval to be conclusively evidenced by the execution and delivery thereof. The Authorized Officers are, and each of them is, hereby authorized and directed to execute the final Official Statement and any amendment or supplement thereto, for and in the name of the City.
Section 8. The form of the Local Obligation Purchase Contract providing for the sale of the Local Obligations to the Authority, on file with the City Clerk, is hereby approved, and the Authorized Officers are, and each of them is, hereby authorized and directed, for and in the name of the City, to execute and deliver the Local Obligation Purchase Contract in substantially said form, with such changes therein as may be approved by the City Attorney, such approval to be conclusively evidenced by the execution and delivery thereof; provided that the final maturrty of the Local Obligations shall be no later than September 1,2052, the principal amount of the Local Obligations shall not exceed fifteen million dollars ($15,000,000) and the true interest cost (taking into consideration the associated underwriter's discount and any original issue premium or discount relating to the Authority Bonds) of the Local Obligations shall not exceed seven percent (7.0%).
Section 9. The form of the Trust Agreement, in substantially the form submitted to this meeting and made a part hereof as though set forth in full herein is hereby approved. The Authorized Officers are, and each of them is, hereby authorized and directed, for and in the name of the City, to execute and deliver the Trust Agreement in the form presented to this meeting, with such changes, insertions and omissions as the Authorized Offrcer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution of the Trust Agreement by such Authorized Officer.
Section 10. Pursuant to Section 53345.8 of the Act and the City's Local Goals and Policies, the City Council hereby finds and determines that the value of the real property that would be subject to the Special Taxes to pay debt service on the Local Obligations will be at least three (3) times the principal amount of the Local Obligations to be sold and the principal amount of all other bonds outstanding that are secured by a special tax levied pursuant to the Act on property within the Community Facilities District or a special assessment levied on property within the Community Facilities District. The City Council determines in its sole discretion that it is necessary and desirable to waive certain of its Local Goals and Policies to the extent the issuance of the Local Obligations does not conform thereto.
Resolution No. 10948
11/08/2022 Item No.12.
Section 11. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things that they may deem necessary or advisable in order to consummate the transactions herein authorized and otherwise to catry out, give effect to and comply with the terms and intent of this resolution, including any subsequent amendments, waivers or consents entered into or given in accordance with any of the documents approved hereby. The City Manager, the Finance Director, the City Clerk and the officers of the City are hereby authorized and directed to execute and deliver any and all certificates and representations necessary and desirable to accomplish the transactions set forth above.
Section 12. The City Council hereby approves the execution and delivery of all agreements, documents, certificates and instruments referred to herein with electronic signatures as may be permitted under the California Uniform Electronic Transactions Act and digital signatures as may be permified under Section 16.5 of the California Govemment Code using DocuSign.
Section 13. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED this 8th day of November, 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember(s):
Councilmember(s):
Councilmember(s):
Councilmember(s):
Keni M. Howell, MAYOR
ATTEST:
Christa Freemantle, CITY CLERK
Resolution No. 10948
11/08/2022 Item No.12.
ATTACHMENT 2
11/08/2022 Item No.12.
RESOLUTION NO. OO9.FOLSOM RANCH F'A
A RESOLUTION OF THE GOVERNING BOARD OF THE FOLSOM RANCII
FINANCING AUTHORITY AUTHORIZING THE ISSUANCE, SALE AND DELIVERY oF NOT TO EXCEED $15,000,000 AGGREGATE PRTNCIPAL AMOUNT OF CrTY OF FOLSOM COMMUNITY FACILITIES DISTRICT NO.20 (RUSSELL RANCH) SPECIAL TAX REVENUE BONDS, SERIES 2022; APPROVING THE FORM AND
SUBSTANCE OF A TRUST AGREEMENT, AUTHORIZING MODIFICATIONS THEREOF AND EXECUTION AND DELIVERY AS MODIF.IED; APPROVING A
PRELIMINARY OFFICIAL STATEMENT, AUTHORIZING CHANGES THERETO
AND EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT TO BE DERIVED THEREFROM; APPROVING A LOCAL OBLIGATION PURCHASE
CONTRACT AND A BOND PURCHASE CONTRACT AND EXECUTION AND DELIVERY OF EACH; AND AUTHORIZING RELATED ACTIONS NECESSARY TO
IMPLEMENT THE PROPOSED F'INANCING
WHEREAS' the Folsom Ranch Financing Authority is a joint exercise of powers entity duly organized and existing under and by virtue of the laws of the State of California (the "Authority"); and
WHEREAS, the City Council (the "City Council") of the City of Folsom (the "City") has formed the City of Folsom Community Facilities District No. 20 (Russell Ranch) (the "Community Facitities District") under the provisions of the Mello-Roos Community Facilities Act of 1982 (the "Act"); and
WHEREAS' the City has completed its legal proceedings under the Act with respect to authorizing the issuance and sale of the "City of Folsom Community Facilities District No. 20 (Russell Ranch) Special Tax Bonds, Series 2022" (the "Local Obligations") for the purpose of financing certain public facilities within the City south of Highway 50; and WHEREAS, the City is empowered under the provisions of the Act to undertake legal proceedings for the levy of a special tax and for the issuance, sale and delivery of special tax bonds upon the security of the recorded special tax liens; and WHEREAS, the Authority is empowered under the provisions of Article 4, Chapter 5, Division T,Title 1 of the California Government Code (the "Law") to issue its bonds for the pulpose of purchasing various local obligations issued by certain local agencies and applying the proceeds of the bonds to finance certain authorized public facilities; and WHEREAS, the Authority desires to issue the o'Folsom Ranch Financing Authority City of Folsom Community Facilities District No. 20 (Russell Ranch) Special Tax Revenue Bonds, Series 2022" (the "Bonds") pursuant to that certain Trust Agreement (the "Trust Agreement"), among the Authority, the City and U.S. Bank Trust Company, National Association., as trustee (the "Trustee"), in order to provide funds to purchase the Local Obligations; and
Resolution No. O09-Folsom Ranch FA
11/08/2022 Item No.12.
WHEREAS, the Authority has determined that the estimated amount necessary to finance the purchase of the Local Obligations will require the issuance of the Bonds in the aggregate principal amount not to exceed fifteen million dollars ($15,000,000); and WHEREAS, the Authority and the City have determined that all things necessary to make the Bonds, when authenticated by the Trustee, and issued as provided in the Trust Agreement, the valid, binding and legal obligations of the Authority according to the import thereof and hereof have been done and performed; and
WHEREAS, in furtherance of implementing the financing, there have been filed with the Authority Secretary for consideration and approval by this Board forms of the following:
(a) a Trust Agreement, under the terms of which the Bonds are to be issued and the Revenues (as said term is defined in the Trust Agreement and as said Revenues are received by the Authority as holder of the Local Obligations) are to be administered to pay the principal of and interest on the Bonds; (b) a Local Oblieation Purchase ContraqlL, under the terms of which, among other things, the City agrees to sell and the Authority agrees to purchase the Local Obligations;
(c) a Bond Purchase Contract, under the terms of which, among other things, the Authority agrees to sell and the underuniter agrees to purchase the Bonds; and
(d) a Preliminary Official Statement, describing the Bonds and the Local Obligations; and
WHEREAS, Government Code Section 5852.1requires that the Governing Board of the Authority obtain from an underwriter, financial adviser or private lender and disclose, prior to authorization of the issuance of bonds with a term of greater than 13 months, good faith estimates of the following information in a meeting open to the public: (a) the true interest cost of the bonds, (b) the sum of all fees and charges paid to third parties with respect to the bonds, (c) the amount of proceeds of the bonds expected to be received net of the fees and charges paid to third parties and any reserves or capitalized interest paid or funded with proceeds of the bonds, and (d) the sum total of all debt service payments on the bonds calculated to the final maturity of the bonds plus the fees and charges paid to third parties not paid with the proceeds of the bonds; and WHEREAS, in compliance with Govemment Code Section 5852.1, the Governing Board of the Authority has obtained from Fieldman, Rolapp & Associates,Inc., municipal adviser to the Authority, the required good faith estimates and such estimates have been disclosed at this meeting; and
WHEREAS, being fully advised in the matter of the proposed financing program, this Board wishes to proceed with implementation of said financing program; and WHEREAS' all acts, conditions and things required by the Constitution and laws of the State of California to exist, to have happened and to have been performed precedent to and Resolution No. 009-Folsom Ranch FA
11/08/2022 Item No.12.
in connection with the consummation of the financing authorized hereby do exist, have happened and have been performed in regular and due time, form and manner as required by law, and the Authority is now duly authorized and empowered, pursuant to each and every requirement of law, to authorize the execution and delivery of certain documents in order to further implement the financing in the manner and upon the terms herein provided; and WHEREAS, as required by the Law, the City has conducted a public hearing and has determined that the issuance of the Bonds by the Authority and the acquisition of the Local Obligations will result in significant public benefits, including more effrcient delivery of local agency services to residential and commercial development.
NOW' THEREFORE, BE IT RESOLVED by the Goveming Board of the Folsom Ranch Financing Authority as follows:
Section 1. The foregoing recitals are true and correct, and this Board so finds and determines.
Section 2. Pursuant to the Law, the Bonds shall be issued in the aggregate principal amount of notto exceed fifteen million dollars ($15,000,000). No Bond shall mature later than September 1, 2052.
Section 3. The form and substance of the Trust Agreement are hereby approved. The Treasurer of the Authority or designee thereof is hereby authorized and directed, for and in the name and on behalf of the Authority, to execute and deliver the Trust Agreement in substantially said form, with such changes therein as such officer may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof.
Section 4. The form and substance of the Local Obligation Purchase Contract is hereby approved. The Treasurer of the Authority or designee thereof is hereby authorized and directed, for and in the name and on behalf of the Authority, to execute and deliver the Local Obligation Purchase Contract in substantially said form, with such changes therein as such officer may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof.
Section 5. The form and substance of the Bond Purchase Contract is hereby approved. The Treasurer of the Authority or designee thereof is hereby authorized and directed, for and in the name and on behalf of the Authority, to execute and deliver the Bond Purchase Contract in substantially said form, with such changes therein as such officer may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof; provided that the true interest cost of the Bonds shall not exceed seven percent (7.0%) and the underwriter's discount (exclusive of original issue discount) shall not exceed one and one half percent (1.50%).
Section 6, (a) The form and substance of the Preliminary Official Statement is hereby approved. The Treasurer of the Authority or designee thereof is authorized to execute the final Official Statement to be derived therefrom.
Resolution No. O09-Folsom Ranch FA
11/08/2022 Item No.12.
(b) This Board hereby authorizes the Treasurer of the Authority or designee thereof to find and determine that said Preliminary Official Statement in preliminary form is, and as of its date shall be deemed "final" for purposes of Rule l5c2-12 of the Securities and Exchange Commission, and the Treasurer of the Authority or designee thereof is hereby authorized to execute a certificate to such effect in the customary form.
(c) The Treasurer of the Authority or designee is authorized to approve corrections and additions to the Preliminary Official Statement by supplement or amendment thereto, by appropriate insertions, or otherwise as appropriate, provided that such corrections or additions shall be regarded by such officer as necessary to cause the information contained therein to conform to facts material to the Bonds or the Local Obligations or to the proceedings of this Board or the City Council or that such corrections or additions are in form rather than in substance. (d) The undenvriter of the Bonds is authorized to distribute said Preliminary Official Statement and the final Official Statement to be derived therefrom in connection with the sale and delivery of the Bonds.
Section 7. The officers of the Authority are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents, including any agency agreement, which they may deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution, including any subsequent amendments, waivers or consents entered into or given in accordance with any of the documents approved hereby, and to obtain a policy of bond insurance, a rating andlor a reserve fund surety policy for any series of the Bonds. Such actions heretofore taken by such officers are hereby ratified, confirmed and approved.
Section 8. This Board hereby approves the execution and delivery of all agreements, documents, certificates and instruments referred to herein with electronic signatures as may be permitted under the Califomia Uniform Electronic Transactions Act and digital signatures as may be permitted under Section 16.5 of the California Government Code using DocuSign.
Section 9. This resolution shall take effect immediately upon its passage.
Resolution No. 009-Folsom Ranch FA
11/08/2022 Item No.12.
PASSED AND ADOPTED this 8th day ofNovember, 2022,by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Boardmember(s):
Boardmember(s):
Boardmember(s):
Boardmember(s):
Keni M. Howell, CHAIR
ATTEST
Christa Freemantle, SECRETARY
Resolution No. 0O9-Folsom Ranch FA
11/08/2022 Item No.12.
ATTACHMENT 3
11/08/2022 Item No.12.
OH&S DRAFT
9128122
TRUST AGREEMENT
by and among the
FOLSOM RANCH FINANCING AUTHOzuTY
and the
CITY OF FOLSOM
U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION,
as Trustee
Relating to the
$[PAR]
FOLSOM RANCH FINANCING AUTHORITY
CITY OF FOLSOM COMMUNITY FACILITIES DISTRICT
NO. 20 (RUSSELL RANCH) SPECIAL TAX REVENUE BONDS,
SERIES 2022
Dated as of December 1,2022
and
4143-0s824803.3
11/08/2022 Item No.12.
TRUST AGREEMENT
This Trust Agreement (the "Trust Agreement"), dated as of December 1, 2022,by and among the Folsom Ranch Financing Authority, a joint exercise of powers agency duly organized and existing under the laws of the State of California (the "Authority"), the City of Folsom, a charter city and municipal corporation duly organized and existing under its charter and the Constitution and laws of the State of California (the "City") and U.S. Bank Trust Company, National Association, a national banking association duly organized and existing under the laws of the United States of America, as Trustee (the "Trustee");
WITNESSETH
WHEREAS, the Authority is empowered under the provisions of the Marks-Roos LocalBondPoolingActof lgS5,beingArticle 4,Chapter 5,DivisionT,Title l oftheCalifornia Government Code (the "Law"), to issue its bonds for the pu{pose of purchasing various Local Obligations (as defined herein) issued by certain local agencies; and WHEREAS, the Authority has determined to issue its Folsom Ranch Financing Authority City of Folsom Community Facilities District No. 20 (Russell Ranch) Special Tax Revenue Bonds, Series 2022 (the "Authority Bonds") to be secured by a pledge, lien and claim upon the Revenues (as that term is defined herein) in order to provide a portion of the funds necessary to purchase the Local Obligations (as that term is defined herein); and WHEREAS, the Authority and the City have determined that all things necessary to make the Authority Bonds (as that term is defined herein), when issued by the Authority and authenticated by the Trustee and delivered as provided herein, valid, binding and legal obligations of the Authority according to the import thereof and hereof have been done and performed; and NOW, THEREFORE, THIS TRUST AGREEMENT WITNESSETH, that in consideration of the premises, the acceptance by the Trustee of the trusts hereby created and other good and valuable consideration, the receipt of which is hereby acknowledged, and in order to secure the payment of the interest on and principal of and redemption premiums, if any, on all Authority Bonds Outstanding (as that term is defined herein) hereunder from time to time according to their tenor and effect, and the making of such other payments required to be made by the Authority and the satisfaction of all the agreements, conditions, covenants and terms expressed and implied herein and in the Authority Bonds, the Authority does hereby assign, bargain, convey, grarrt.,mortgage and pledge a security interest unto the Trustee and unto its successors and assigns hereunder forever in all right, title and interest of the Authority in, to and under, subject to the provisions hereof permifiing the application thereof for the pulposes and on the terms and conditions set forth therein, each and all of the following (collectively, the "Trust Estate"):
(a) the proceeds of sale of the Authority Bonds;
4143-05824803.3
(b) the Revenues (as that term is defined herein);
11/08/2022 Item No.12.
(c) the amounts in the Funds (as that term is defined herein) established and held hereunder, except amounts in the Rebate Fund; and
(d) the Local Obligations;
TO HAVE AND TO HOLD IN TRUST all ofthe same hereby assigned, bargained, conveyed, granted, mortgaged and pledged or agreed or intended so to be to the Trustee and to its successors and assigns forever for the equal and ratable benefit of the Owner issued by the Authority hereunder and authenticated by the Trustee and delivered hereunder and Outstanding hereunder, without any priority as to the Trust Estate of any one Authority Bond over any other (except as expressly provided in or permitted hereby), upon the trusts and subject to the agreements, conditions, covenants and terms hereinafter set forth; AND THIS TRUST AGREEMENT FURTHER WITNESSETH, and it is expressly declared, that all Authority Bonds issued and secured hereunder are to be issued, authenticated and delivered and all of the rights and property hereby assigned, bargained, conveyed, granted, mortgaged and pledged are to be dealt with and disposed of under, upon and subject to the agreements, conditions, covenants, terms, trusts and uses as hereinafter expressed, and the Authority and the City have agreed and covenanted, and do hereby agree and covenant, with the Trustee and with the Owner, as follows:
ARTICLE I
DEFINITIONS
SECTION 1.01. Definitions. The terms set forth below shall have the following meanings set forth herein, unless the context clearly otherwise requires:
"Act" shall mean the Mello-Roos Community Facilities Act of 1982, as amended (being Sections 53311 et seq. of the Government Code of the State of Califomia), and all laws amendatory thereof or supplemental thereto.
"Authority" shall mean the Folsom Ranch Financing Authority, a joint exercise of powers agency duly organized and existing under the laws of the State of Califomia, and its successors and assigns.
"Authority Bond" or "Authority Bonds" shall mean the Folsom Ranch Financing Authority City of Folsom Community Facilities District No. 20 (Russell Ranch) Special Tax Revenue Bonds, Series 2022issuedhereunder. "serial Authority Bonds" shall mean the Authority Bonds for which no Minimum Sinking Fund Payments are provided. "Term Authority Bonds" shall mean the Authority Bonds which are payable on or before their specified maturity date from Minimum Sinking Fund Payments established for that purpose and calculated to retire such Authority Bonds on or before their specified maturity date. "Authorized Denominations" shall mean five thousand dollars ($5,000) and any integral multiple thereof, but not exceeding the principal amount of the Authority Bonds maturing on any one date.
2 4143-0s82-4803.3
11/08/2022 Item No.12.
"Authorized Officer" shall mean, when used with reference to the Authority, the Chair, the Treasurer or any other person authorized by the Authority in a Written Order or resolution to perform anactor sign a document on behalf of the Authority for the purposes hereof, and when used with reference to the City, the Mayor, the Chief Financial Officer, the Finance Director or any other person authorized by the City in a Written Order or resolution to perform an act or sign a document on behalf of the City for the pulposes hereof. "Bond Counsel" shall mean an attorney-at-1aw, or a firm of such attorneys, of nationally recognized standing in matters pertaining to the tax-exempt nature of interest on obligations issued by states and their political subdivisions. "Bond Register" shall mean the registration books specified as such in Section 2.05. "Business Day" shall mean any day other than (i) a Saturday or a Sunday or (ii) a day on which commercial banks in New York, New York, or the city in which the Corporate Trust Office of the Trustee is located, are closed.
"Cash Flow Certifrcate" shall mean a written certificate executed by a Cash Flow Consultant.
"Cash Flow Consultant" shall mean a financial consultant or firm of such consultants generally recognized to be well qualified in the financial consulting field relating to municipal securities such as the Authority Bonds, appointed and paid by the City or the Authority and who, or each of whom:
(1) is in fact independent and not under the domination of the City or the Authority;
(2) does not have any substantial interest, direct or indirect, with the City or the Authority; and
(3) is not connected with the City or the Authority as a member, officer or employee of the City or the Authority, but who may be regularly retained to make annual or other reports to the City or the Authority.
The Cash Flow Consultant shall not, as a result of its role as Cash Flow Consultant, be deemed to have a"frnancial advisory relationship" with the Authority within the meaning of Califomia Government Code Section 53590(c).
"Chaif'shall mean the Chair of the Authority.
"Chief Financial Officer" shall mean the Chief Financial Officer of the City. "City" shall mean the City of Folsom, a charter city and municipal corporation duly orgarized and existing under its charter and the Constitution and laws of the State of California, and its successors.
"City Manager" shall mean the City Manager of the City. 3 4143-0s824803.3
11/08/2022 Item No.12.
"Code" shall mean the Internal Revenue Code of 1986, as amended, and the regulations issued thereunder.
"Community Facilities District" shall mean the City of Folsom Community Facilities District No. 20 (Russell Ranch), established by the City pursuant to the Act. "Corporate Trust Office" shall mean the designated corporate trust office of the Trustee at the location set forth in Section 13.03.
"Dated Date" shall mean the applicable date of the original execution and delivery of the Authority Bonds.
"DTC" shall mean The Depository Trust Company, in New York, New York; or, in accordance with then current guidelines of the Securities and Exchange Commission, such other securities depository as the Authority may designate in an Officer's Certificate delivered to the Trustee.
"Event of Default" shall mean an event of default specified as such in Section 8.01 "Finance Director" shall mean the Finance Director of the City "Fund" or "Funds" shall mean any or all, as the case may be, of the Revenue Fund, the Interest Fund, the Principal Fund, the Redemption Fund, the Proceeds Fund, the Local Obligations Fund and the Rebate Fund, including all accounts therein. "Govemment Obligations" shall mean any Investment Securities described in clause (i) or clause (ii) of the definition thereof but excluding any securities that are callable or prepayable prior to the redemption or maturity date of the Authority Bonds to be paid therefrom, and excluding any securities that do not have a fixed par value or the terms of which do not promise a fixed dollar amount at maturity or earlier call date. "Indenture Trustee" means U.S. Bank Trust Company, National Association, as trustee under the Local Obligations Indenture.
"Interest Fund" shall mean the fund by that name established pursuant to Section 5.01.
"Interest Payment DaIe" shall mean March 1 and September 1 in each year, commencing on fMarch l, 20231.
"Investment Securities" shall mean and include any of the following securities, to the extent permitted by the laws of the State and the City's Investment Policy, for and on behalf of the Community Facilities District as it may be amended from time to time:
(i) Cash (insured at all times by the Federal Deposit Insurance Corporation or fully collaterulizedby Investment Securities described in clause (ii) hereof); 4 4143-0s82-4803.3
11/08/2022 Item No.12.
(ii) Obligations of, or obligations guaranteed as to principal and interest by, the United States of America or any agency or instrumentality thereof, when such obligations are backed by the fult faith and credit of the United States of America including:
(A) All direct or fully guaranteed U.S. Treasury obligations; (B) Farmers Home Administration;
(C) GeneralServicesAdministration;
(D) Guaranteed Title XI financing;
(E) Govemment National Mortgage Association (GNMA); and (F) U.S. Treasury - State and Local Government Series;
(iii) Obligations of any of the following federal agencies which obligations represent the fuIl faith and credit of the United States of America, including:
(A) Export-Import Bank;
(B) RuralEconomicCommunityDevelopmentAdministration;
(C) U.S. Maritime Administration;
(D) SmallBusinessAdministration;
(E) U.S. Department of Housing & Urban Development (PHAs); (F) Federal Housing Administration; and
(G) Federal Financing Bank;
(iv) Direct obligations of any of the following federal agencies which obligations are not fully guaranteed by the full faith and credit of the United States of America:
(A) Senior debt obligations issued by the Federal National Mortgage Association (FNMA) or Federal Home Loan Mortgage Corporation (FHLMC); (B) Obligations of the Resolution Funding Corporation (REFCORP); (C) Senior debt obligations of the Federal Home Loan Bank System; and
(D) Senior debt obligations of other Government Sponsored Agencies; (v) U.S. Dollar-denominated deposit accounts, federal funds and bankers' acceptances with domestic commercial banks which have a rating on their short term certificates of deposit on the date of purchase of "P-1" by Moody's and "A-1" or "A-1+" by S&P and maturing 5 4143-0s824803.3
11/08/2022 Item No.12.
not more than 360 calendar days after the date of purchase (provided that ratings on holding companies shall not be considered the rating of the bank) or fully collateralized by Investment Securities described in clause (ii) hereof for amounts in excess of deposit insurance; (vi) Commercial paper which is rated at the time of purchase in the single highest classification, o'P-l" by Moody's and "A-1*" by S&P and which matures not more than 270 calendar days after the date ofpurchase;
(vii) Investments in a money market fund rated "AAAm" or "AAAm-G" or better by S&P, including funds for which the Trustee or an affiliate provides investment management or other services but excluding funds with a floating net asset value; (viii) "Pre-refunded Municipal Obligations," defined as follows: any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local governmental unit of any such state which are not callable at the option of the obligor prior to maturity or as to which irrevocable instructions have been given by the obligor to call on the date specified in the notice and (A) which are rated, based on an irrevocable escrow account or fund (the "escrow"), in the highest rating category of Moody's or S&P or any successors thereto; or (B) (l) which are fully secured as to principal and interest and redemption premium, if any, by an escrow consisting only of cash or obligations described in clause (ii) of this definition, which escrow may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate, and (2) which escrow is sufficient, as verified by a nationally recognized independent certified public accountant, to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this paragraph on the maturity date or dates specified in the irrevocable instructions referred to above, as appropriate;
(ix) Any bonds or other obligations of any agency, instrumentality or local govenrmental unit of any state of the United States of Americawhich are rated "AaalAAA" or general obligations of any such state with ratings of "A2" or higher by Moody's and "A" or higher by S&P.
(x) The Local Agency Investment Fund (established under Sections 53600- 53609 of the Califomia Govemment Code, as amended or supplemented from time to time). "Law" shall mean the Marks-Roos Local Bond Pooling Act of 1985, being Article 4 of Chapter 5 of Division 7 of Title I of the California Government Code, and alllaws amendatory thereof or supplemental thereto.
"Letter of Representation" shall mean the letter of the Authority delivered to and accepted by the Depository on or prior to the issuance of the Authority Bonds setting forth the basis on which the Depository serves as depository for such Authority Bonds as originally executed or as it may be supplemented or revised or replaced by a letter to a substitute depository. "Local Obligations Fund" shall mean the fund by that name established pursuant to Section 5.01.
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11/08/2022 Item No.12.
"Local Obligations Indenture" shall mean the indenture authorizing and securing the Local Obligations and pursuant to which the Local Obligations were issued, as amended and supplemented.
'ol,ocal Obligation Purchase Contract" shall mean the purchase contract entered into between the Authority and the City providing for the purchase of the Local Obligations by the Authority with the proceeds of the Authority Bonds.
"Local Obligations" shall mean the Community Facilities District No. 20 (Russell Ranch) Special Tax Bonds, Series 2022 to be issued by the City for the Community Facilities District pursuant to the Act and to be purchased by the Authority pursuant to the Law. "Mayor" shall mean the Mayor of the City.
"Minimum Sinking Fund Payments" shall mean the payments required by Section 2.0I to be deposited in the Sinking Fund Account. "Moody's" shall mean Moody's Investors Service Inc., a corporation duly organizedand existing under and by virtue of the laws of the State of Delaware, and its successors or assigns, except that if such entity shall be dissolved or liquidated or shall no longer perform the functions of a municipal securities rating agency, then the term "Moody's" shall be deemed to refer to any other nationally recognized municipal securities rating agency selected by the Authority (which shall be under no liability by reason of such selection). "Officer's Certificate" shall mean a certificate signed by an Authorized Officer. "Opinion of Bond Counsel" shall mean a legal opinion signed by a Bond Counsel selected by the Authority.
"Outstanding" shall mean, with respect to the Authority Bonds and as of any date, all Authority Bonds authorized, issued, authenticated and delivered hereunder, except:
(a) Authority Bonds canceled or surrendered to the Trustee for cancellation pursuant to Section 2.08;
(b) Authority Bonds deemed to have been paid pursuant to Section 12.02; (c) Authority Bonds in lieu of or in substitution for which other Authority Bonds shall have been authenticated and delivered pursuant to Section 2.03; and (d) Authority Bonds paid pursuant to Section 2.03.
"Owner" shall mean, as of any date, the Person or Persons in whose name or rutmes a particular Bond shall be registered on the Bond Register as of such date. "Psrson" shall mean an individual, a corporation, a partnership, an association, a joint stock company, a trust, any unincorporated organization or a government or political subdivision thereof.
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11/08/2022 Item No.12.
"Principal Fund" shall mean the fund by that name established pursuant to Section 5.01.
"Principal Installment," when used with respect to any Principal Payment Date, shall mean the principal amount of Outstanding Authority Bonds due on such date. "Principal Payment Date," when used with reference to an Authority Bond, shall mean the maturity date or the Minimum Sinking Fund Payment date for such Authority Bond. "Proceeds Fund" shall mean the fund by that name established pursuant to Section 5.01.
"Rebate Fund" shall mean the fund by that name established pursuant to Section 5.01
"Rebate Instructions" shall mean the calculations and directions required to be delivered to the Trustee by the Authority pursuant to the Tax Certificate. o'Rebate Requirement" shall mean the Rebate Requirement defined in the Tax Certificate.
"Record Date" shall mean the fifteenth (15th) day of the month preceding any Interest Payment Date, whether or not such day is a Business Day. "Redemption Fund" shall mean the fund by that name established pursuant to Section 5.01.
"Responsible Officer of the Trustee" means any officer within the global corporate trust department (or any successor group or department of the Trustee) including any vice president, assistant vice president, assistant secretary or any other officer or assistant officer ofthe Trustee customarily performing functions similar to those performed by the persons who at the time shall be such officers, respectively, with responsibility for the administration of this Trust Agreement.
"Revenue Fund" shall mean the fund by that ruIme established pursuant to Section 5.01.
"Revenues" shall mean all amounts received by the Trustee as the payment of interest on, or the equivalent thereof, and the payment or return of principal of, or redemption premiums, if any, on, or the equivalent thereof, all Local Obligations, whether as a result of scheduled payments, or redemption premiums, Special Tax Prepayments or remedial proceedings taken in the event of a default thereon, and all investment earnings on any money held in the Funds held hereunder (except the Rebate Fund).
"S&P" shall mean S&P Global Ratings, a business of Standard & Poor's Financial Services LLC, and its successors or assigns, except that if such entity shall be dissolved or liquidated or shall no longer perform the functions of a municipal securities rating agency, then the term "S&P" shall be deemed to refer to any other nationally recognized municipal securities 8 4143-0s82-4803.3
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rating agency selected by the Authority (which shall be under no liability by reason of such selection).
"Secretary" shall mean the Secretary of the Authority.
"sinking Fund Account" shall mean the account within the Principal Fund by that name established pursuant to Section 2.01.
"special Tax" shall mean the special tax authorizedto be levied and collected annually on all Taxable Property in the Community Facilities District under and pursuant to the Act at the special election held in the Community Facilities District. "special Tax Prepayments" shall mean all payments to the City by or on behalf of the owner of a parcel within the Community Facilities District subject to a Special Tax to accomplish a pay-off of the Special Tax obligation pertaining to such parcel and the discharge of the Special Tax lien with respect to such parcel (except the portion thereof, if arry, which represents accrued interest on the Local Obligations).
"special Tax Revenues" shall mean all money collected and received by the City on account of unpaid Special Tax obligations within the Community Facilities District, including all amounts collected in the normal course by the City, all Special Tax Prepayments and all amounts received by the City as a result of superior court foreclosure proceedings brought to enforce payment of delinquent Special Taxes within the Community Facilities District, but excluding therefrom any amounts explicitly included therein on account of collection charges, administrative cost charges, or attorneys' fees and costs paid as a result of foreclosure actions. "special Record Date" shall mean the date established by the Trustee pursuant to Section 2.01 as a record date for the payment of defaulted interest on the Authority Bonds. "State" shall mean the State of Califomia.
"supplemental Trust Agreement" shall mean any trust agreement supplemental to or amendatory of this Trust Agreement which is duly executed and delivered in accordance with the provisions of Article XI.
"Tax Certificate" shall mean each certificate for the Authority Bonds relating to various federal tax requirements, including the requirements of Section 148 of the Code, signed by the Authority and the City on the Dated Date, as the same may be amended or supplemented in accordance with its terms.
"Treasurer" shall mean the Treasurer of the Authority
"Taxable Property" shall mean all property within the Community Facilities District taxable under the Act in accordance with the proceedings for the authorization of the issuance of the Local Obligations and the levy and collection of the Special Tax. 9 4143-0s824803.3
11/08/2022 Item No.12.
"Trust Agreement" shall mean this Trust Agreement dated as of December 1, 2022, by and among the Authority, the City and the Trustee pursuant to which the Authority Bonds are to be issued, as amended or supplemented from time to time in accordance with its terms. "Trust Estate" shall have the meaning ascribed thereto in the granting clause hereof. "Trustee" shall mean U.S. Bank Trust Company, National Association, a national banking association duly organized and existing under the laws of the United States of America, in its capacity as Trustee hereunder, and any successor as Trustee hereunder. "Written Order" shall mean, when used with reference to the Authority, a written order or written direction of the Authority to the Trustee signed by an Authorized Officer, and when used with reference to the City, a written direction of the City to the Trustee signed by an Authorized Officer.
SECTION 1.02. Rules of Construction. Except where the context otherwise requires, all words imparting the singular number shall include the plural number and vice versa, and all pronouns inferring the masculine gender shall include the feminine gender and vice versa. The headings or titles of the several articles and sections hereof and the table of contents appended hereto shall be solely for convenience of reference and shall not affect the meaning, construction or effect hereof. All references herein to "Articles," "Sections" and other subdivisions or clauses are to the corresponding articles, sections, subdivisions or clauses hereof; and the words "hereby," "herein," "hereof," 'ohereto," "herewith," "hereunder" and other words of similar import refer to this Trust Agreement as a whole and not to any particular article, section, subdivision or clause thereof.
ARTICLE II
TERMS OF AUTHORITY BONDS
SECTION 2.01. The Authoritv Bonds. The Authority Bonds shall be issued under and secured by this Trust Agreement and shall be in the form of fully registered bonds in denominations of five thousand dollars ($5,000) or any integral multiple of five thousand dollars ($5,000) in excess thereof designated the "Folsom Ranch Financing Authority City of Folsom Community Facilities District No. 20 (Russell Ranch) Special Tax Revenue Bonds, Series 2022" and shall be in the aggregate principal amount of [PAR IN WORDS] dollars ($tPARl). The Authority Bonds shall be dated the Dated Date and shall bear interest at the rates specified in the table below, such interest being payable semiannually on each Interest Payment Date, and shall mature on the Principal Payment Dates in the following years in the following principal amounts, namely:
Principal
Payment Date
(September 1)
Principal
Amount
Interest
Rate
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11/08/2022 Item No.12.
Principal
Payment Date Principal
Amount
Interest
Rate(September 1)
Term Bonds
Minimum Sinking Fund Payments are hereby established for the mandatory redemption and payment of the Term Authority Bonds, which payments shall become due during the years ending on the dates and in the amounts set forth in the following schedule (except that if any Term Authority Bonds have been redeemed pursuant to Section 4.02 or 4.03, the amounts of such Minimum Sinking Fund Payments shall be reduced proportionately by the principal amount of all such Term Authority Bonds so redeemed), namely:
Term Authority Bond Maturing September 1.20[ I
Year Minimum
Ending Sinking Fund
September 1 Account Payment
Maturity
Bond
Year
Ending
September I
Minimum
Sinking Fund
Account Pavment
I 20
. Maturity
All such Minimum Sinking Fund Payments for the Term Authority Bonds shall be deposited in a separate account in the Principal Fund, which account is hereby established and shall be known as the Sinking Fund Account and which account the Authority hereby agrees and covenants to cause to be maintained by the Trustee so long as any Term Authority Bonds are 4143-05824803.3
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