Folsom City Council
May 28, 2024

05/28/2024 Item No.14.
a Proj ect val uati ons sha be based on the total val ue of nstructi on work, includ ng all fi nish work, roofi ng, electrica I, plum bing, heati ng, atr con ditioning, elevators, fire-exti nguishing systems a nd any othe r perma nent equi pment. rf tn th opin ton of the Bu lding Official, the VA I uation ts underestimated o n the application, the permit shall be denied, unless the applicant can show deta iled estimates to meet the approval of the Building Official. Fi na bu ding permit valuation shall be set by the Bu d ng Official For determ ng project valuations for new construction, the Build ng Official may use data published by the nternationa Code Council (rcc) (bu ilding VA luati on data table, typica llv u pdated n February a nd August of each yea r) The fina building permit valuation shall be set at an amount that allows permit and inspection activities.
the City to recover its costs of pplicant plan check,
City of Folsom

BUILDING FEES
Determination of Valuation for Fee-Setting Purposes
Note: For construction projects with permit fees calculated using Section B, additional fees apply for permit issuance. Additional fees may apply for services provided by other City Departments (e.g. Planning Review), and Fees Collected on Behalf of Other Agencies (e.g' State of California). Additional fees apply for plan review, when applicable' B. p"rmit Fee for New Buildings, Additions, Tenant lmprovements, Residential Remodels, and Combined MechanicaL Electrical, and/or Plumbins Permits
E
St to
s2,001 to
s2,oo0
s2s,o00
s138.00
$138.00 forthe first s2,000
$2s,001 to 5s0,000 5368.00 for the first 525,000
S5o,oo1 to Sloo,ooo 5644.00 for the first 550,000
$1oo,oo1 ssoo,ooo S1,104.00 for the first S100,000
ss00,001 s1,000,000 s4,048.00 forthe first s500,000
s1,000,001 ss,000,000 s7,360.OO forthe first s1,000,000 S29,440.00 forthefirst55,ooo,ooo
for each add'l $1,000 or fraction thereof,
to and including $25,000
for each add'l $1,000 or fraction thereof,
to and includine 550,000
for each add'l $1,000 or fraction thereof,
to and includine 5100,000
for each add'l 51,000 or fraction thereof,
to and including 5500,000
for each add'l 51,000 or fraction thereof,
to and including S1,000,000
for each add'l 51,000 or fraction thereof,
to and including $5,000,000
for each additional 51,000 or fraction
thereof over S5,000,000
to
to
to
plus S10.oo
plus S11.04
plus 59.20
plus 57.36
plus 56.62
plus 55.52
plus 54.11
N
N
N
N
N
N
N
55,000,00l and up
Permit FeeTotal Valuation
Appendix C: p. 5

05/28/2024 Item No.14.

City of Folsom

BUITDING FEES
D. Building Plan Review Fees
I Building Plan Check Fees - Building
a) Plan Review Fee, if aPPlicable
b) Expedited Plan Check - At Application Submittal (when applicable)
c) Tract Home / Master Plan Construction (Production Units) d) Production Permit for Multi-family permit
e) Production Permit for Fire permits and other misc. permits f) Alternate Materials and Methods Review (per hour)
g) Excess Plan Review Fee (4th and subsequent) (per houd h) Revisions to an Approved Permit (per hour)
i) Deferred Submittal (per hour)
r@r
80%

1.5x standard plan check fee
20% of standard plan check fee
5r,472
Sqeo
S184
s184
s184
s184
lal N
tbl
N
N
Y
Y
Activity Description Charge Basis
When applicable, plan check fees shall be paid at the time of application for a building permit.

The plan checking fee is in addition to the building permit fee [a] lncludesuptothreeplanchecks. TheCitywill bill hourlyforadditional planreviewrequired. [b] For identical buildings built by the same builder on the same lot or in the same tract and for which building permits are issued at the same time.

Appendix C: p. 6

05/28/2024 Item No.14.

Activity Dcscription
City of Folsom

BUITDING FEES
E. Other Fees
1 Permit Processing Fee
2 Strong Motion lnstrumentation (SMl) Fee Calculation
a) Residential
b) Commercial
3 Buildingstandards (SB L4731 FeeCalculation (Valuation) a) 51 - $2s,oo0
b) s2s,oo1 - sso,ooo
c) Ss0,001 - S7s,000
d) s7s,oo1 - sloo,ooo
e) Each Add'l 525,000 or fraction thereof
4 Business License Fee
5 CASP Training Fund Fee
6 State Disability Access Fee
7 General Plan/Zoning Code Update Fee (percent of building permit fee) 8 Temporary Certificate of Occupancy (Phasing Plan) Fee 9 Permit Extension
10 Permit Reactivation Fee
a) Reactivation Fee ifAll lnspections Have Been Performed and Approved Up to But Not lncluding Final lnspection
b) Reactivation Fee - All Other Scenarios
i) Permit Expired Up to One Year
ii) Permit Expired More than One Year
@r
577

50.50 or valuation x .00013
S0.50 or valuation x .00028
s184
50% of Original Base Building Permit Fee
100% of Original Base Building Permit Fee
lal
lal
lal
N
N
s1
s2
$3
s4
lal
lal
lal
lal
lal
tals1
S2s
$3.60
so.40
5o/o
$ezo
N
N
N
N
NAdd
N
So
S184
522L
s184
S184
577
tb1
N
N
N
N
N
11 Permit Reissuance Fee
12 Damaged Building Survey (Fire, Flood, Vehicle Damage, Etc.) (per houd Other Fees
13 Phased lnspection Fee (per inspection)
14 After Hours lnspection (per hour) (4-hour minimum)
15 Re-inspection Fee (2nd Time or More) (each)
16 Missed lnspection Fee
17 Duplicate Copy of Permit
S184
S184
Appendix C: p. 7
lcl

05/28/2024 Item No.14.

City of Fplsom

BUILDING FEES
E. Other Fees
18 Duplicate Copy of Certificate of Occupancy
19 Fees for Services Not Listed in this Fee Schedule (per 1/2 hour) Violation Fees
20 lnvestigation Fee For Work Done Without Permits
(ln addition to applicable permit fees)
@r
577
se2
equal to
permit fee
[a] Amounts established by State of California. ln the case of discrepancy between this schedule and amounts established by the State, state amounts shall supersede these amounts.

Ib] Fee applies to new construction, additions, tenant improvements, and residential remodels requiring building permits. [c] Reinspection fee applies after the first re-inspection' Activity Description
Appendix C: p. 8

05/28/2024 Item No.14.

City of Folsom

BUILDING FEES
tluilding Valuirtion Ddti labl(l
295.62
267.r2
237.02
236.02
27L,6C
225.8C
256.r2
222.5C
236.61
132.48
t3r.48
!2r.74
L2!.74
222.s6
235.71
395.02
263.88
257.74
235.7r
158.45
238.L7
L94.82
I9I,71
23s.77
t20.74
LLg,74

90.99 266.ozl
,t .url
,on.rrl
,or.url
,or.orl
,rr.orl
235.511
,rr.rtl
,oo.ral
L02.44
ro2.44

93.00 93.00
L86.27
L93.82
3ss.5i
229.05
223.r7
L93.82
r40.73
L96.75
rs4,.36
175.86
r93.82

91.00 91.00

67.?9
257.55
229,05
202.79
20L.79
233.98
188.01
228.05
L77.87
L93.94

95.93 94.93

0.00 85.50
177.81
L87,73

0.00 0.00
2!2.77
L87.73
134.95
t90.67
r48.28
165.67
L87.73

84.50 83.5C

64.L9
304.93
276.42
245.85
244.85
280.91
235.1C
275.42
231.65
245.O4
138.64
L37.64
127.90
r27.90
231.65
235.67
405.L2
272.97
256.83
23s.67
r77.28
238.13
L94.78
195.r2
235.67
126.9e
r25.9C
9s.5C
215.42
383.35
253.83
247.95
215.42
76L.72
218.35
175.96
188.41
275.42
rr2.12
Lrz.72

85.13 278.0C
249.5C
223.99
222.99
254.43
208.46
248.50
202.73
2!7.OO
Lr7.41
176.41
106.97
t06.97
202.73
209.47

0.00 0.00
238.69
209.47
156.15
2r2.44
170.01
181.45
209.47
105.9i
LO4.9i

79.54 33s.891
,or.rrl
,an.rol
,ar-nol
,rr.rrl
,aa.orl
tou.rrl
r.o..nl
,'rr.orl
,ao.rol
rsg.zol
,on.orl
,or.orl
l
260.69
252.22
$4.r5
302.01
295.86
262.22
20L.37
264.67
22L.32
zo9.6r
262.22
r48.46
L47.46
r14,o9
324.581
,na.orl
,ar.nrl
,ro-nrl
,oo.rrl
I
254.75
295.08
zsL.L3
263.96
rs2.78
L51.78
r42.04
!42.04
251,L3
252.95
424.59
292.4s
286.31
252.9s
193.36
255.47
2r2.06
203.74
252.95
t4L.O4
140.04
707.31
315.94
288,44
254.48
2s2.48
292.93
246.r2
286.44
241.4(
255.62
r43.34
r4334
133.60
133.60
24r.86
244,3L
4r532
283.18
277.03
2443r
184.91
246.77
203.42
198.94
244.37
131.6C
131.6C

99.83 A-l Assembly, theaters, with stage
A-1 Assembly, theaters, without stage
A-2 Assembly, nightclubs
A-2 Assembly, restaurants, bars, banquet halls
A-3 Assembly, churches
A-3 Assembly, general, community halls, libraries, museums A-4 Assembly, arenas
B Business
E Educational
F-1 Factory and industrial, moderate hazard
F-2 Factory and industrial, low hazard
H-1 High Hazard, explosives
H234 High Hazard
H-5 HPM
l-1 lnstitutional, supervised environment
l-2 lnstitutional, hospitals
l-2 lnstitutional, nursing homes
l-3 lnstitutional, restrained
l-4 lnstitutional, day care facilities
M Mercantile
R-1 Residential, hotels
R-2 Residential, multiple family
R-3 Residential, one- and two-family
R-4 Residential, care/assisted living facilities
S-1 Storage, moderate hazard
S-2 Storage, low hazard
L
lU Utility, miscellaneous
Appendix C: p. 9

05/28/2024 Item No.14.

ATTACHMENT 3

PUBLIC COMMENTS RECEIVED

05/28/2024 Item No.14.
rrp
mortonpitato r CivilEngineering r Land Planning o Land Surveying May 10,2024
Clty Councll
City of Folsom
50 Natoma Strcct
Folaom, CA 95630
RE: Rcrolutlon No. lll08 - A Rccolutlon lo Adopt rn Amandod Urrr Fm Sshrdulc fur Communlty Dcvclopment Englnccrlng and Bulldlng Scrvlcec
Dear Mayor Kodowsltl & Members of Folsom'g Cig Council:

I am wn'ting you regardlng your consideralion of Resolution No. 11186, particularly as il concems increased feee for review of Certificetee of Conec{ion. A Certlllcate of Conectron is e slmple documant Intended toprovide construcffve notice of eror8 on subdivislon maps, as outllned pursuant to Sections 66469 through 86172.1of Sto Subdivielon lvlap-Act(Slt/4). Ae outllnad by Appandix B, Page g of the User & Ragutatofi Fces rtldy, lha Glty'a cunrnt ro/an fco for a Cerilflcatc of Gonection eubmittal E $Zggg. Pwsuant lolhc regblution undr conCd$Eilon, the rrvlarv fco le set to rlss to $6900.

I would llkc to lmd my pcnpccfive, Et thc mrneglng rurveyor cmployed el Morton & Pltalo ln Folsom, Our firm pruvld$ Civll Englnccilng aqd Survoy Mrpping rcruicea throughout the region. Ovcr the years, I've baen proud to wolk on prolects ln Folsom that have had a dlrcd Oencfrt on our communlty.

The aforamanlloned Sectons from the SMA outllne two vehiclea to revlse recorded maps: 1) lhs Certificate of C,-orection and 2) the Amended Final / Parcel lulap. fhe cltv's fa€ for revicl,i, of these d'ocunhents does not difbrentlate between the two.
/ A Certificate of Conection, an meny cases, is a one or trw page document lndlcating that thsre la an' enoron the filed map and lhe fconection'ie thEn stated and racorded. An example of a Certilicate of Coneclion reccntly prccessed by our offtca lnvolved a slmple @ncctlon to the'nit' arur ldsnUficd on thc map.
{ Wlh an AmcndEd Flnal/ Prrcel Msp, ftc map la ruproduecd wlth thc enorr oonectrd on lhr mep. tn the case of an amended l-ntp, the rcrrlaw pcrbrmcd by thc CIU may bc moru robugt, rnd requlra a rubstantlally larger eftrt/fee.

I am supportive of the proposed incredse as lt applies lo Amended Maps. I believe he fee br e Certification of Corecllon is excessively- high. For compadson, the revlew cos{ for Certlfrcates of Conecdon in neighboring f urlsdictione varies as follorrrrs:
. Clty_of Sacramento: Revlew of a Certificate of Corectlon (CoC) or an Amended Map (AM) ls an $800 flat he.
. Ranclro Cordove: Revlew of a Goc ls $1374 plrn a 7% Technology fae: An AM ls $1693 plus a Z% Tcchnology fue.
. Elk Grove: RcviEtry of a CoC ls a S600 fxed fce; An Amcnded Map ls a S2500 fixed fee. . City of Rosavillel Revieur of a Coc ie a $125 fee.
. PlacErCoung: Revlewofa co0 iaa$51 fee, plus a 3.Sg&Technologyfee, . Sacremento County does not charge a fee to ravicrrv or record a Certlllcate of Conection.

I Esk the Clly Council to review the propoacd fee sctrEdule as lt applies to Certificates ol Conestion.

Slnccrely,
MidraelJ, PLS
600 Goolldge Drive, Suite 140, Folsom, CA 95630
(916)927-2499 o (916) 357-7888/Fax . www.mpengr.cCIm

05/28/2024 Item No.14.

Desmond Parrington
Sent:
lo:

Cc:

Subject:

From: Bob Delp <[email protected]>
Tuesday, April 23, 20247:32 AM
Desmond Parrington; Christa Freemantle
Pam Johns; Stephanie Henry
Re: City of Folsom - Major Planning ltems on 4/22 and 4/23 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sdnder and know the content is safe.

Desmond and/ or Christa:

The Staff Report for ltem 9 of tonight's City's Council meeting is dated with today's date, 4/23/2024' That item is for a hearing to consider amendments to Building and Engineering fees and my understanding is that such a hearing is subject to Folsom Municipal Code section 3.50.060 which states, "[p]ursuont to the California Government Code, ot leost ten doys prior to the required pubtic hearing set out herein, the city manager shall make avoilable to the pubtic appropriate data indicating the cost, or estimated cost required to support the fees ond charges for which changes ore proposed to be made or fees or chorges imposed." Can you confirm that the staff report (dated 4/23/20241or the data required pursuant to 3.50.060 was made available to the public at least ten days ago and, if so, can you let me know when and how that was accomplished?
Thank you,
-Bob
Bob Detp
916-812-8122
[email protected]
From: Desmond Parrington <[email protected]'us>
Sent: Monday, April 22,20242:!7 PM
To: Desmond Parrington <[email protected]'us>
cc: pam Johns <[email protected]>; stephanie Henry <[email protected]> Subject: City of Folsom - Major Planning ltems on 4/22 and 4/23 The City of Fotsom has three major upcoming ptanning items including: 1) a proposed annexation concept; 2) recommended Buitding and Engineering fee changes, and 3) an EIR and proposed amendments to the City's GeneraI ptan for additionat housing capacity. of those three items, two (conceptuaI annexation proposaI and recommended feed changes) witt be going before the City CounciI for consideration tomorrow, Tuesday, Aprit 23 at 6:30 pm in Councit Ghambers at Gity Hatt (50 Natoma St.). The third is available for review for next 45 days. 1 . Community for Heatth and Independence - Conceptuat Annexation Proposat: The Fotsom City CounciI witt hotd a pubtic workshop on Tuesday, Aprit 23 to consider a preliminary request from AKT and UC Davis Heatth for their conceptuaI annexation proposa[. The proposed project is a master'planned community south of Fotsom, located in Sacramento and Et Dorado counties. The devetoper witl present the project concept and request feedbackfrom both the Et Dorado County Board of Supervisors and the Fotsom City 1

05/28/2024 Item No.14.
2 CounciI at separate meetings on ApriL 23 to inform future decisions and any necessary next steps. No formaI action by City Councit is required or a[towed at this time. lnstead, this workshop creates an earty vetting opportunity for the developer to hear f rom the community and City CounciI about the proposed annexation proposat. Learn mores ConceptuatAnnexation Proposat lFolsom*GA. Referto ltemSllf,or the stafj report in the agenda packet.

Community Devetopment Department - Recommended Buitding and Engineering Fee Changes: The Fotsom city councit witt hotd a pubtic hearing on proposed fee changes to cDD's Buitding and Engineering userandprocessingfees. TheBuitdingandEngineeringfeerecommendationscomeoutof aCouncil workshop on the user fee study hetd on March 12. The changes are designed to better reftect the scope of work invotved and to cover staff costs associated with the processing and review of permits. No impact fees are proposed for change. lf approved, these new Buitding and Engineering user and processing fees woutd go into effect on Juty 1,2024. For a copy of the fee study and the staff report, see ltem # 9 in the stafl report (pDF). Ptanning fees, including Speciat Event Permit fees, are not proposed to change at this time. Ptanning fee changes witt be presented to City Councit in the first quarter of 2025- Notice of Avaitabitity - Public Review Draft of General Plan Amendments and EIR for Increased Housing Gapacity: As part of the imptementation for the City's 2021-2029 Housing Etement, the City is amending the GeneraI p1an and Fotsom Ptan Area Specific Ptan (FPASP) to attow for more intensive mutti- famity residentiaI devetopment in targeted areas inctuding the East Bidwell Corridor, areas near the Gtenn and lron point tight rait stations and in the Folsom Ptan Area. An environmental impact report (ElR) atong with the amended General ptan and FPASP documents are avaitabte for review and comment for 45 days between April22andFriday,June6,2O24.TheNoticeofAvaitabitityisattachedandthedocumentsatong with more information about the project and how to submit a comment is avaitabte at vrnarw.fotsom.ca. u s/housin gstudy.
3 ot?Y of
+
t
o
r
Desmond Parrington' AICP
Planning Manager
City of Folsom
50 Natoma Street, Folsom, CA 95630
[email protected]
o :9 1 6-46 1 -6 233 c:9 1 6-21 6-281 3
www.folsom.ca.us
r() r-s(}ilr
DttfrNG?tvi iv f,l-ulE
2

05/28/2024 Item No.14.

Desmond Parrinqton
From:

Sent:

To:

Subject:

Bob Delp <[email protected]>
Tuesday, April 23, 202410:37 AM
Mike Kozlowski; Sarah Aquino; Anna Rohrbough; YK Chalamcherla; Rosario Rodriguez; City Clerk Dept
Pam Johns; Elaine Andersen; Steven Wang; Desmond Parrington Comments re Agenda ltem 9 re: General Plan and Zoning Code Surcharge CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

This message is to urge the City Council to reject staff's recommended imposition of a 5% General Plan/Zoning Code Update (GpZCU) fee on engineering and building permit fees unless and until the City demonstrates a clear relationship between the permits that would be subject to the GPZCU fee and the use of the funds that would be collected from that fee. Without providing evidence of a clear relationship , the SYo fee would impose a tax on permit applicants and would violate Section 660L4 of the California Government Code. lnstead, the City could avoid the need for the funds intended to be obtained through the impermissible tax by simply implementing cost recovery for permit application processing as required by the Folsom Municipal Code' Agenda ltem 9 staff report (pg. 5; packet pg. 39) has a section discussing "Technology and General Plan/Zoning Code Fees" that provides no rationale to support the legality of the proposed 5% GPZCU fee. Staff states that the proposed GPZCU fee "would help fund major periodic General Plan, Housing Element and Zoning Code updates as well as in-house maintenance of these documents." However, there is no explained or obvious connection between the permits that would be subject to the 5% fee and the use of revenue from that fee for General Plan maintenance and/or Zoning Code updates'
ln fact, the staff report notes "because General Plan and Zoning Code updates benefitthe entire community rather than just project opplicants, staff wanted to ensure that such applicants were not taking on the full burden of paying for such updates." As outlined in the first two bullets on staff report pg' 3 (packet pg. 37), the fees must have a relationship to a specific benefit or service/product that is not provided to those not charged. The propos ed 5% GPZCU surcharge does not meet that test and is impermissible regardless of whether it places the full burden or even part of the burden on permit applicants.

The staff report presents an example of an HVAC changeout permit (pg. 6; packet pg. 40) which under staff's recommendation would include aSL2.54 City General Plan land Zoning Code Update] surcharge. Yet, the staff report provides no explanation of how an HVAC changeout places any increased burden or cost on the City's maintenance of the General Plan or the City's updates to the Zoning Code' As I have noted in previous and separate input to the Council, the City would be much better served if it would simply implement the cost recovery for permit application processing required by existing FMC section

3.50. yet, staffs' recommended fees fall well short of that and require the City to use General Fund monies to subsidize permit processing costs. Staff's HVAC example is illustrative here also. Staff suggests that to encourage more people to obtain HVAC changeout permits, the fee for such permits should be artificially lowered to not achieve full cost recovery. By not charging the full cost, the City's cost for processing an HVAC changeout permit must be subsidized by the General Fund. lronically, although recommending that the fee should be artificially lowered, staff then recommends that the HVAC changeout fee should be burdened with a 1 Cc:

05/28/2024 Item No.14.

S% G1ZCU surcharge. lnstead, if the HVAC changeout permit fee and other planning and building permit fees aren't artificially lowered to less than full cost recovery, then the General Fund wouldn't need to be used for subsidizing those permit processing costs and those General Fund monies would be available for things like General plan maintenance, Zoning Code updates, and many other important City services. ln summary, the 5% General Plan/Zoning Code Update permit surcharge is an impermissible tax that should be eliminated from the engineering and building permit cost structure. Full cost recovery for permit processing should be implemented by the Council and would protect the General Fund from being used to subsidize costs that should be borne by applicants.

Thank you for considering my comments.

Bob Del,p
916-812-8122
[email protected]
2

05/28/2024 Item No.14.

Desmond Parrinqton
From:

Sent:
lo:

Cc:

Subject:

Attachments:

Bob Delp <[email protected]>
Tuesday, April 23, 2024 11:20 AM
Mike Kozlowski; Sarah Aquino; YK Chalamcherla; Anna Rohrbough; Rosario Rodriguez; City Clerk Dept
Elaine Andersen; Pam Johns; Steven Wang; Desmond Parrington; Christa Freemantle Comments to Council re 4-23-24 Agenda ltems 9 and 10
Planning Fees CC 3-08-11.pdf
GAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe
On April 19, the City distributed an email newsletter with a headline "FOLSOM FACES FISCAL CROSSROADS:

ClTy COUNCTL DIRECTS BUDGET EDUCATION PROGRAM", followed by an article warning that, 'The city is facing a financial shortfall that coutd impact public safety, public services, and the quality of life in Folsom. ... Amidst the projected structural deficit, the city faces compounding infrastructure and building maintenance needs that require a dedicated funding source. There is an estimated S20 million annual shortfalt in funding for infrastructure improvements, park and facility repairs, equipment maintenance and replacements, trail maintenance and repairs, and staffing needs." yet, in the midst of this dire financial reality, City staff is recommending the continued and expanded use of the General Fund to subsidize the cost for the City's processing of private applications for permits and other entitlements. For ltem 9 on your 4/23/2024 agenda, I urge the Councilto direct staff to revise and return with a full fee schedule for Development Services funding that achieves fee recovery for all services at the percentages specified in the existing FMC section 3.50. For agenda ltem 10, I urge the Council to reject staffs' recommended amendments to FMC 3.50 and leave FMC 3.50's sound fiscal policy directives in place' Staffs' recommendations would increase use of the General Fund to subsidize private development proposals, diverting those funds from important public safety, public services, and quality of life programs that are hallmarks of the City of Folsom.

At its March 12 meeting, the Council heard a presentation from staff and its consultant regarding fee schedules for Community Development services. Although some questions were asked and concerns expressed regarding certain fees, I heard no one suggest that the City should not strive to comply with the existing FMC 3.50 provisions that direct the City Manager to recover costs at the percentages outlined in the FMC 3.50.040 Schedule of Fees and Service Charges and I heard no one suggest that the existing FMC 3'50'040 fee percentages should be eliminated. Further, documentation for and discussion during the March 12 meeting acknowledged that the City's fee structure has not been achieVing the required cost recovery and that increasing the fees to be at least more in-line with FMC 3.50 requirements is necessary to minimize impacts on the City's General Fund.

Now, just a few weeks later, staff has modified the proposed fee schedule (Agenda ltem 9) recommending that the Council adopt a fee schedule revision limited to certain engineering and building permits while leaving all other fees unadjusted, including those known to be clearly insufficient for funding the City's costs and complying with FMC 3.50. Moreover, staff now also recommends (Agenda ltem 10) that FMC 3.50 be revised to eliminate the existing requirement to achieve specific cost recovery percentages.

05/28/2024 Item No.14.
ls this what the Council wants; to continue insufficient recovery of costs for development application processing and building permits and to .ohtinr" to shift that burden onto Folsom's citizenry by robbing the General Fund?
I hope staff has read the Council wrong on this one and that the Council will reject staff's proposals and direct staff to return with a fee schedule that fully recovers development/permit application processing and one that includes provisions to implement the full cost recovery program requested by staff and approved by the Council in 2011 (attached) that after L3 years is still sitting on the sidelines waiting to be implemented' Thank you for considering my input.

Bob Detp
916-812-8122
[email protected]
From: Bob Delp <[email protected]>
Sent: Tuesday, March 12,2024 9:56 AM
To: Mike Kozlowski<[email protected]>; Rosario Rodriguez <[email protected]'us>; Sarah Aquino <[email protected]>; YK Chalamcherla <[email protected]>; Anna Rohrbough <[email protected]'us>; Christa Freemantle <[email protected]>
Cc: Elaine Andersen <[email protected]>; Steven Wang <[email protected]>; Sari Dierking <[email protected]>; Pam Johns <[email protected]>; Desmond Parrington <[email protected]'us> Subject: Comments to Council re3-12-24 Agenda ltem 5 - Planning Fees For distribution to City Council:

Dear Council:

Regarding agenda item 5 of tonight's City Council meeting, this message is to urge the City Council to direct staff to implement a full cost recovery program for processing development applications consistent with the process described in the attached March 2,20L!, staff report and adopted by the Folsom City Council in 2011 through Resolution 8801 (attached). Through such a process, individual applicants would pay for the actual and full cost for processing their individual applications - neither subsidizing nor being subsidized by other applicants and without being subsidized by the City's General Fund' ln 211L,the Community Development Department and City Council wisely determined that through implementation of a full cost recovery system for application processing, the City "would protect its Generol Fund monies from subsidizing privote development applications." Staff's 2011 analysis of the financial impact of the full cost recovery program found that, "The cost recovery program would ollow the City to more occurotely cover the actuol costs for development permits from the opplicants. Although the octuql sovings to the General Fund are cannot be quontified, this fee recovery program will result in o positive impoct to the Generql Fund and provide direct costs chorges to contribute to the General Fund to more occurately fund development processing costs." Staff's basis for its 2011 recommendation concisely described the situation that existed then and that still persists today, noting, "the ronge of complexity in development applications con vdry widely and some proiects con remoin "active" or "in process" for years because projects ore substantiolly revised and resubmitted (sometimes with years possing in between) in on attempt by opplicants to obtoin City approval. 2

05/28/2024 Item No.14.

Stoff sometimes must effectively begin processing all over with eoch resubmittal but is unoble to request new project fees because the project is stilt technically active. tt is these types of proiects that staff seeks to target to ensure that stoff costs are fully recovered." These persisting circumstances beg for a system based on actual costs, not flat fees.
yet, the system requested by CDD and approved by the Council in 20tL still has not been implemented and CDD's current 3/L2/24 staff report to the Council for agenda item 5 of tonight's meeting provides a recommendation predominated by "flat fees" which are inherently inequitable and a drain on the City's resources. The current staff report makes no mention of the 2011 Resolution and provides no compelling rationale for abandoning the sound approach that the Council directed be implemented in zOtL' please direct staff to fulfill the directives of Resolution 8801 and implement the full cost recovery system for development application processing that requires individual applicants to fully fund the costs of processing their applications.

Thank you for considering my input.

Bob Delp
9L6-8t2-8122
[email protected]
From: Bob Delp <[email protected]>
Sent: Monday, November t5,202111:12 AM
To: Pam Johns <[email protected]>
Cc: Elaine Andersen <[email protected]>; Steven Wang <[email protected]>; Scott Johnson <[email protected]>; Sari Dierking <[email protected]>; Mike Kozlowski <[email protected]'us>; Sarah Aquino <[email protected]>; Rosario Rodriguez <rrodriguez@folsom,ca.us>; YK Chalamcherla <ykchalamcherla@folsom,ca.us>; [email protected] <[email protected]> Subject: Re: Funding for Development Application Processing Thanks, pam. I appreciate the response, but what you describe doesn't strike me as being consistent with the directionofthe20llresolution. Youstatethatstaff doesn'thavethediscretiontochargemorethanthefees set by the counsel even if a project exceeds that cost, however, my read of the 2011 resolution is that if a full cost recovery project was being implemented as directed by that resolution, staff would not just have the authority but would also have the obligation to charge an applicant for the actual cost, including City Attorney fees, instead of subsidizing the private project's costs' I know you'll have your hands full with other things this week, but I (and others) would like more clarity on this. Maybe in the next few weeks you could provide an example of how you track staff time/costs for application projects - perhaps Folsom Prison Brews/Barley Barn since it's a good example of the type of project described in the 2011 staff report requesting the full cost recovery program (l previously submitted a public records request for that project, but I don't recallthat any of the documents I received had any records of staff time or of applicant payments).

Thanks,
-Bob
3

05/28/2024 Item No.14.

Bob Detp
916-812-8122
[email protected]
From: Pam Johns <[email protected]>
Sent: Monday, November 15,2O2t 10:05 AM
To: Bob Delp <[email protected]>
Cc: Elaine Andersen <[email protected]>; Steven Wang <[email protected]>; Scott Johnson <sjohnson @folsom.ca. us>
Subject: RE: Funding for Development Application Processing Hi Bob,
l'm just back from unexpected leave and wanted to follow up on your email.

Development processing fees are set by the City Council in an amount that cannot exceed the rqasonable cost of providing the service. Accordingly, and generally speaking, staff does not have discretion to charge more than the fees set by the Council even if a particular application takes more time to process than others. Overall, planners and engineers in Community Development track their time working on development applications and also to properly account for deposit-based fees. When it appears that the fees set by the City Council no longer reflect the reasonable cost of providing the service, staff would recommend that the fees be re-evaluated and adjusted.

Pam
Pam Johns
Community Development Director
From: Bob Delp <[email protected]>
Sent: Friday, October 22, 2021 5:01 PM
To: Elaine Andersen <ea [email protected]>
Cc: pam Johns <[email protected]>; Scott Johnson <[email protected]>; Rosario Rodriguez <[email protected]>; [email protected]; Sarah Aquino <[email protected]>; Mike Kozlowski <[email protected]>; YK Chalamcherla <ykchalamcherla@folsom,ca'us>; Christa Freemantle <cfreema [email protected]. us>
Subject: Fw: Funding for Development Application Processing Ms. Andersen:

City Council Resolution 8801 of 2011 is attached with the associated March 2,zOtL staff report, as provided to me by Scott Johnson on October 6, z)zt. Mr. lohnson was responding to my Oct L request (in string below) for information regarding funding for development applications. Neither Mr. Johnson nor Ms. Johns have yet been able to tell me if or how the Community Development Department has implemented the full cost recovery program for staff time as directed by the Council in Reso 8801' lf such a program is not in place, then taxpaying members of this community have been subsidizing what I expect would amount to hundreds of thousands of dollars of staff time and expenses associated with processing private development applications over the past 10 years when, instead, as directed bythe City Council in 2O!L, those costs should have been directly paid for by applicants. 4

05/28/2024 Item No.14.

I am asking that you investigate, provide an explanation to the community, and address this matter as a top priority and that you direct staff to immediately suspend any further processing of current and future applications until a reimbursement agreement for full cost recover is in place.

Thank you,
-Bob Delp
Bob Delp
916-812-8122
[email protected]
From: Bob Delp <[email protected]>
Sent: Sunday, October L7, 2O2L 7 :34 PM
To: Scott Johnson <[email protected]'us>; Pam Johns <[email protected]!> Cc: Elaine Andersen <eandersen@folsom. >
Subject: Re: Funding for Development Application Processing Hi, pam and Scott (Elaine now cc'd). l'm concerned that you haven't yet been able to confirm that the full cost recovery system is in place and being implemented. This is likely a matter of tens of thousands of dollars each year for staff costs that - based on city council 2011 direction - should be covered by applicant reimbursements. Please confirm ASAP that the system is in place.
-Bob
916-812-8122
bdelp@l rve.com
On Oct 6,202!, at 8:59 PM, Bob Delp <[email protected]> wrote:

Thanks, Scott, The key thing I see from the 2011- staff report and resolution is the council's direction for staff to implement a full cost recovery fee system, The staff report describes precisely the type of situation I was asking about and seems to provide a clear remedy - full cost recovery. Was that full cost recovery system implemented and where would I find a description of how it's implemented? -Bob
916-812-8L22
[email protected]
On Oct 6,202!, at 9:36 PM, Scott Johnson <[email protected]> wrote Mr. Delp,
Attached is the staff report and resolution adopted by the City Council on 3-08-11- relative to Planning Fees. Approval of this resolution changed our fee structure for planning services to be deposit based for the majority of entitlements.

Scott A. Johnson, AICP
Planning Manager
From: Pam Johns <[email protected]'us>
Sent: Tuesday, October 5,2021"1':77 PM
To: Bob Delp <[email protected]>
5

05/28/2024 Item No.14.

Cc: Scott Joh nson <gioh-Eon @folsom.ga. us>
Subject: RE: Funding for Development Application Processing Hi Bob
l've copied Scott Johnson here so he can respond or call you about our planning entitlement fee structure. Thank you.

Pam
From: Bob Delp <[email protected]>
Sent: Tuesday, October 5,2021 1L:50 AM
To: Pam Johns <[email protected]>
Subject: Re: Funding for Development Application Processing Thanks, Pam. That's good to know and answers part of my question. But I'm also interested in knowing if staff time/costs are tracked and reimbursed by applicants. ln particular, projects like 603 Sutter Street and 608 1-/2 Sutter Street lCatchy-Name-Here Brews) have been submitted with substantialstaff time invested in reviews, preparing staff reports, preparing for hearings, etc', but then the applicants have decided to pull back the projects and make substantial revisions. I'm sure that even a once-through application requires substantial staff time, and layering in multiple rounds obviously then takes that much more time. So I'm interested in knowing if applicants are funding staff costs for their projects or if I and other taxpayers are paying for staff time to review private projects.

Bob Delp
916-8L2-8122
[email protected]
From: Pam Johns <[email protected]>
Sent: Tuesday, October 5,202!tL:22 AM
To: Bob Delp <[email protected]>
Subject: RE: Funding for Development Application Processing Hi Bob
Consultant costs are covered entirely by applicant. Contracts are run through the City because we manage the consultant work consistent with approved scopes of work. Just like any city-run project, any cost overages by a consultant for work that is out of scope must be approved by the city in advance of the work and additional costs are the responsibility of the developer. Does that answer your question? Pam
From: Bob Delp <[email protected]>
Sent: Friday, October t,2027 L0:45 AM
6

05/28/2024 Item No.14.

To: Pam Johns <Bjglr-N@[email protected]>
Subject: Funding for Development Application Processing Pam:

I'm interested in understanding the source of funding for City and any City- retained consultant costs associated with your Department's review of development projects. I know there are established fees for certain project types, but I also know that the actual time/cost can be much higher than those fees would cover. Does the City absorb that cost or do you require reimbursement agreements with applicants for them to cover the actual cost? Thanks,
-Bob
Bob Delp
916-8L2-8r22
[email protected]
<Planning Fees CC 3-08-11.Pdf>
7

05/28/2024 Item No.14.

PUBLIC HEARING
Agenda ltem No.: 8a
GG Mtg.:03/0812011
DATE:

TO:

FROM:

SUBJECT:

March 2,2011
Mayor and City Council Members
David E. Miller, AICP, Community Development Director
RESOLUTION NO. 8801 - A RESOLUTION MODIFYING RESOLUTION NO. 83OI TO CONVERT NOTED PLANNING FEES TO DEPOSITS AND

DIRECTING STAFF TO IMPLEMENT A PROGRAM FOR FULL COST

PLANNING SERVICE FEES

POLICY / RULE
F6l6lffii-"ipui coO" Section 3.50.020 directs the City Manager to recommend to the Council @andchargestorecoverthepercentageofcostsreasonablybomein providing the regulation, products or services enumerated in Chapter 3.50.

BACKGROUND /ISSUE
[email protected] reflect the average cost to provide development application processing services- However, the range of compleiity in development applications can vary widely and some projects can remain ..aclive,, or .tn process'o for years be-iause projects are substantially revised and resubmitted (sometimes wittryears passing in between) in an atternpt by applicants to obtain City approval.

Staff sometimes must eifectivety begin processing all over with each resubmittal but is unable to request new project fees becausi the project is still technically active. It is these types ofprojects that staff seeks to target to ensure that-staff costs are fully recovered. As the Council is well aware, in our crro*i fiscal climate the General Fund is unable to cover any unnecessary development seryice related costs.

Another major issue associated with development application fees is the continuing reduction in General Fund revenues. Over the past three years, the City's General Fund expenses have exceeded the General Fund revenue by approximately $13 million. The City's General Fund cannot subsidize development applicationi. Given significant increases in productivity and expediting development permits,-the expense to process development p"T1t:. has dropped in *uny "uri..

Nevertheless, the General Fund continues to significantly subsidize development permit activity.

Therefore, staff is proposing to implement a program where staff would track time spent on each planning application and bigin charging applicants monthly if and when the _application fees *rr" "*.r"d"d.

In addition, a fee would be implemented to cover planning stafftime to review building permits. In this manner, the City would protect its General Fund monies from subsidizing private development applications.
000001Page 198
05/28/2024 Item No.14.

Folsom Municipal Code Section 3.50.030 provides direction on calculating "costs reasonably borne,, to include the following elements: dilect costs (wages, overtime, benefits, overhead, etc), maii".t costs (building maint-nance, computers, printing, etc.), fixed assets, general overhead, department overhead, and any debt service costs'
Folsom Municipal Code Section 3.50.040 requires fee adjustments be approved by the City Council. It also specifies the percentage of City service costs to be recovered through fees- The majority of planning Service Fees are directed to be 100% cost recoverable through its fee struct'ie. Building iermit fees are also directed to be 100% cost recovered.

AIIALYSIS
st"ff ,"*--ends that the city council direct staff to implement a full cost recovery program modeled after one that's been used by the City of Roseville Planning and Redevelopment Department since 2003. The following is the proposed program outline:

Base Cost
fft" U* "ost for processing a full cost application represents the minimum amount of staff time investeil by City itaff. This base cost is determined by an analysis of actual costs and is non-refundaLte. Staff recommends that Folsom's existing fee structure adopted October l, 2008 be used as this base cost so that no new costly analysis process is required.

Project Initiation
Concurrent with the start-up of a project, the applicant enters into an agreement for full cost billing, per this agreehent, ihe appticant would pay the base costs associated with the individual entitlements associated with the project' Full Cost Billine
F"tt"**g p-l*t initiation and payment of the base cost fee, staff will record time spent working ; th; project against the base cost. If staff time exceeds that covered under the base coit, the applicant shall be billed an hourly rate thereafter on a monthly basis' The hourly billing rate charged to projects would be a factor of the staff salary to cover costs as
"*tn"ruted
in Folsom Municipal Code Section 3.50.030, including: direct costs (wages, overtime, b"n"fitt, oro.th.ud, etc), indirect costs (building maintenance, "orn!ui"r.,
printing, etc.), fixed assets, general overhead, department overhead, and any debt service costs. The'Finance Department has completed a full analysis of overhead charges and has submitted rates for all Community Development staff.

These charges are based on the current staff costs per adopted City labor contracts, plus a factor for direct and indirect costs. Included in the monthly billing would be any costs incurred by other departments such as the City Attomey's Office, Public Works, Utilities, Housing and Redevelopment, Parks and Recreation, etc'
2000002 Page 199
05/28/2024 Item No.14.

Consultants
fi;t b" required for project evaluation or environmental review, all consultant work ;h;ii;. paid for by the iroject applicant and would be included in the pavment ugr""**i The City would charge an.administrative cost equal to 10% of the contract airount, which is a typical markup rate industry wide'
Non-Residential Plan Check Fee
plan"tng staffmust t""i.* "*ry
building permit for compliance with conditions of any
proi""t ipproval (such as a Design Review or Planned Development Permit) to ensure all the planning Commission and -City Coottcil conditions have been cornplied with' In addition, p"r.it, must be reviewed for compliance with the Zoning code and any other applicable ordinance. Staff recommends tha-t an additional planning review -fee equal to 15% of the permit fee (same as City of Roseville fee) be charged to cover planning staff review time for non-residential projects because currently this cost is not being covered and is a drain on the General Fund'
Residential LandscaPe Review Fee
Due to recent .tut"ffirtu6i-@e 1881) all landscape plans are required to be reviewed for water conservatioi standurds. While commercial landscape plan review is covered by the existing fee structure, residential landscaping plans are not. staffproposes to require a residential fee for each residential landscape plan review and inspection based on the hourly rate of the CitY Arborist.

As shown in the table below, the proposed fee deposits for typical entitlements are similar to other jurisdictions in the region.

Entitlement Folsom Roseville Sacramento Elk Grove Rancho Cordova
General Plan
Amendment
$3,651-
$7,300
$4,934-
$13,074 $20,000 $t2,371 $15,000
Rezone 92,502-
s4,997
$s;1 s4-
$13,338
$8,000-
s20,000 $10,176 s15,000
Specific Plan
Amendment $5,892
$5, I 39-
$13,075 $10,000 s3,443 $5,000
Tentative Parcel
Map $4,754 $1,698 $500 per lot $4,854 $10,000
Tentative
Subdivision MaP
$5,721+$30
per lot
$3,338-
$4,832 $500 per lot $7,533 s10,000-
$20,000
Planned
Development
Permit
$7,640+$38
2 per acre s4,627 s6,200 $5,281 $10,000
Conditional Use
Permit $4,954 $4,085 $4,000-
$9,000 $5,223 $10,000
Variance $1,405 92,430 $3,000 s3,228 $10,000
3 000003Page 200
05/28/2024 Item No.14.

Staff recommends the Planning Service Fees convert to this deposiVcost recovery systern in accordance with those services specifically identified in Section 3.50.040 to be full cost recovery. Exceptions to full cost recovery identified in this section include appeals (identified costs to be l07o recovered) and tree removal permits/special events permits (by omission from the schedule of Development Services to recover costs reasonably bome).

F'INANCIAL IMPACT
The cort rrc""ery progfam would allow the City to more accurately cover the actual costs for development permits from the applicants. Although the actual savings to the General Fund are "*nofb"
quantified, this fee recovery program will result in a positive impact to the General Fund and piovide direct costs charges to contribute to the General Fund to more accurately fund development processing costs.

ENVIRONMENTAL REVIEW
exemptfromtheCalifomiaEnvironmentalQualityActunder
public Resources Code $21080, sub. (bX8) and CEQA Guidelines 915273, establishment, modification, structuring or approval of rates, tolls fares, or other charges by public agencies which the public agency finds are for the purpose of meeting operating expenses. The modification of permit fees has not potentidl environmental impact upon the environment so does not constitute a project under CEQA'

ATTACHMENTS
l. Resolution No. 8801 - A Resolution Modifying Resolution No. 8301 to Convert Noted Planning Fees to Deposits and Directing Staff to Implement a Program for Full Cost Planning Service Fees
Z- City of Roseville Planning Fee Schedule - Effective July l, 2010 (which includes procedures for Full Cost Fees)

3. City of Roseville Planning Department Sample Agreement for Full Cost Billing.

RE C OMMENDATTON/CrTY C gUNC-IL ACTTON
Staff recommends that the City Council adopt Resolution No. 8801 - A Resolution Modiffing Resolution No. 8301 to Convert Noted Planning Fees to Deposits and Directing Staff to Implement a Program for Full Cost Planning Fees.

Submitted,
tr
David E. Miller, AICP
Community Development Director
4000004

05/28/2024 Item No.14.

Attachment#I
City Council Resolution
00000sPage 202
05/28/2024 Item No.14.

RESOLUTION NO. 8801
A RESOLUTION MODIF'TING RESOLUTION NO. 8301 AS SHOWN IN THE ATTACHED F.EE SCHEDULE AND DIRECTING STAFF TO IMPLEMENT A PROGRAMFORFULLcoSTPLANNINGSERVICEFEES
WHEREAS, Folsom Municipal Code Section 3.50.020 directs the City Manager to recommend to the cou*it ttt*oiustment of iees and charges to recover the perc6ntage of costs ,easorrably borne in providing the regulation, products or services as enumerated in Chapter

3.50; and
WHEREAS, Folsom Municipal Code Section 3.50.030 provides direction on calculating costs reasonably b;*" t" ir"hd" -the-following elements: direct costs (wages, overtime, benefits, overhead, etc.), indirect costs (building maintenance, computers, printing, etc')' fixed "5-"*, g""*al overhead, department overhead, and any debt service costs; and WIIEREAS' Folsom.Municipal Code Section 3.50.040 requires fee adjustments be approved by the CitY Council; and
WHEREAS, Folsom Municipal Code Section 3.50.040 also directs that the majority of planning service r""s una guilditrg p"*it F".s shall be 100% cost recoverable through its fee structure; and
WIIEREAS, the range of complexity in Planning Department development applications can vary widely; and
WHEREAS, in our current fiscal climate the General Fund is unable to cover any unnecessary development service related costs; and
NOW THEREFORE, BE IT RESOLVED by the city council of the city of Folsom that Resolution No. g30l be modified as shown in the attached fee schedule, effective 60 days from the date of adoption of this Resolution on May 8, 2011 and directs City staff to implement a program for full cosi planning service fees as attached and described in the staff report.

PASSED AND ADOPTED this 8th day of March 2011, by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Council Member(s):

Council Member(s):

Council Member(s):

Council Member(s):

Andrew J. Morin, MAYOR
ATTEST:

Christa Freemantle, CITY CLERK
Resolution No. 8801

000006 Page 203
05/28/2024 Item No.14.
# Department Service Base Fee
(Non-Refundable DePosit)
Review $ 545PE.I 4PE-2 Parcel Review
PE.3 Subdivision Review 751 +
PF.4 Amendment 7
PE-5 Amend/Cert of Correction
3,404$PE-6 Extension Review
$ 3,992PE-7 Site Review - P Comm.

PE-8 revlew +
Mod. Review $ '7,628PE-9
PE-IO Ext. Review $ 2,678
$ 5,356PE.II Plan Review
PE-12 Specific Plan Amend. (deposit) $ 5,892
PE-I3 Study/Assmnt (deposit)Initial Environmental $ 5,423 PE-I5 Environmental Review & $ 7,285
PE-I6 of determination $ 252
$ 5,369PE.l8 'r
PE-20 Dist SFD Rvw $ 54
PE-2I H.D. Mult Fam/Comm Design Rvw (deposit) $ 1,841
PE-22 Review - SFD $ 54
P8.23 Review - Mult-Fam/Comm. $ 1,841
$ 54PE.24 Dist Review
PE-25 Permit - Staff $ 107
$ 1,071PE.26 PD
PE-27 ZoningVerification Review (dePosit) $ 258
PE.28 Review- < 5 acres $ 2,502
PE-29 Review- 5* acres
PE-20 Line ./Parcel $ 844
$ 4,280PE.3I Arurexation
PE-32 Variance Review- SFD (deposit) $ 1,405
PE.33 Variance Review- Other (dePosit) $ 1,405
PE-35 - Admin $ 214
$ 429PE-36 other
PE-37 Code Amendment (dePosit)* $ 1,9r2
PE.38 General Plan Amendment <5 acres (dePosi| $ 3,651
PE-39 General Plan Amendment >5 acres (depqq!) $ 7,300
PE.4O Temporary Use Permit Review $ 54
PE-41 Conditional Use Permit Review (deposit) $ 4,954
PE-43 Name $ 1,071
$ 4,607PE-44
PE-45 Plan Check Fee l5% of buildins permit fee
PE-46 Review Fee Hourly rate of City Arborist
Resolution No. 8801
Page2 of2
000007Page 204
05/28/2024 Item No.14.

Attachment #2
City of Roseville Planning Fee Schedule
Effective July 1,2010
000008 Page 205
05/28/2024 Item No.14.

Amended by Resolution No. 04-485 - Amended by Resolution No. O5-176, Arnended by resolulion 09-124 ENTITLEMENT (APPLlcArroN rYPE): FEE i*L?Xl

1. Planning Director's Decision $454

2. PCIDC Decision to City Council $425

ANNEXATIONS
L AnnextPZDetach/SOl/(FULLCOST/Deposit)l " $1:l'186
OeVif.O=pUf-e-NtdenEi-iifXfS, ,,',;1,, f,$g',.,", -,''rj *,i i:,: i',;: ,,,

1. Adoption of Specific Plan (FULL COST/Deposit)t $6,837

2. Amendment of SPA (FULL CosT/Deposit)1 $6,837

3. Associated with Affordable Housing $1'244

4. Associated with Single Topic ltem ,$?,1474,, . , 1::::, ,gnVtRb-NttIENtALREVIEW. ':',''''-r,i:l'i'' :: 'r.i:ri;; ir' ::' 'i 'r:iii: ,i,,

1. Exemption WITHOUT lnitialstudy $176

2. Exemption WITH lnitial Study $425

3. Negative Declaration with NO Mitigation $630

4. Tiered Negative Declaration WITH Mitigation $1,288

5. ElRDeposit(FULLcqsf/Dgnosit)l .,$1J,,,786
GENERAI-,PLAN AMENoMENT, ' ,::, . ,'#ir. . ' t',. ,,::!', .11, ':
i

1. Entilement Fee - GPA 10 Acres of LESS, Map/Text $4'934

2. GPA 1 1+ Acres, Map/Text (FULL COSTiDeposit)1 $1 3,074

3. GPA - rext Poriey 4T9l9Jfg1"l 99-9.1fP.::jll- :,", :1:r: :: -: ,,,,-\1,3i0t4puBUCi,tTfLmfEtsFlUEttt,'lBnNooNMENT',,::.:,.,:-',;,,, :.,,i;-'

1. Summary Vacation $1,259

2. GeneralVacation $1'772
F€e Estimate Worl( Sheet
PLANNING and REDEVELOPMENT
311 VERNON STREET- ROSEVILLE, CA 95678
ENnTLEMENT (AppltcAloN rYPE): FEE JiiL?X""l
Srrff$ffi.illlftli.iffffi{$jir,,.fi. i'.,. ''::'.ii'Wii;:ii*"*,'i:,1 '''l,l;: :.": ': ;':ffi$llii

1. Standard Sign Permit $117

2. Planned Sign Permit Program $512

3. Sign PermiUProgram - Public Hearing Req. $1'010

4. Administrative Permit for Sign Exceptionz $717

5. PSP Minor Modification3 $58
,Sn*ei*i'ep-tj.\nf:*ruXO"Enn:a, i*t::';,;l,x*i,,',i;ffi.ii',,.:', :i;,: ',,.' , ::''r$iii*i,

1. SPA Adoption, Mapffext (FULL COST/Deposit)l $1 1'786

2. SPA 10 Acres or LESS, Map or Text $5'139

3. sPA 11+ Acres, Map/Text (FULL COST/Deposit)l $13'075

4. SPA TexUPolicy Deposit (FULL cOST/Deposi{1. , $13'075 suinlvriroHsicorir-otiujnrunrci.,::;,:'
';.: j,',',,,1,;';,ti,t;t',,:i:i' ;;, :'l '.'l :t;

1. Grading Plan / Minor $1'201

2. Grading Plan I Major $2'489

3. Lot Line Adiustment $1'201

4. Extension to a Tentative Map $1'201

5. Voluntary Merger $1'201

6. Reversion to Acreage $1'698

7. Minor Modification to a Tentative Map $1'201

8. Major Modification to a Tentative Map $2'796
g. Tentative Parcel Map with 4 or fewer Lots $1'698

10. Tentative Map, 5 through 99 Lots $3'338

11. Tentative Map, 100 through 499 Lots $4'832
Appendix A
*r
i; A i' !i il: F i\i i" Pl"nningFeeschedule-EffectiveJuly1,2010 Adopted by Resotution No. 96-239 - Amended by Resolution No. 9z-282 - Amended by Resolution No. 99-507 - Amended by Resolution No' 02-02 - Amended bv Resolution No' 02-224 eeeoo\0

12. Tentative Map, 500+ Lots (FULL COST/Deposit)l $12'254 'Condominium subdivision category has been added to assist in the processing and tracking of mndominium units 2 Previously processed as Sign Variance

as ZCC
Juty 2OtO - June Zo'l'f (rev- 7-{O)

05/28/2024 Item No.14.
cocc
ll
Appendix A
ENTTTLEMENT (APPLICATION TYPE:

1. Administrative Permit

2. Conditional Use Permit

3. CUP Extension or Modification

4. Design Review Permit

5. DRP/Minor Approved at Public Counter

6. DRP/Residential Subdivision wlother Permit

7. DRP EKension or Modification

8. CUP/DRP Process with another Permit

9. Flood Encroachment Permit

10. MPP Stage 1 or Stages 1 & 2 (FULL COST/Deposit)r

11. MPP Stage 2, Mod/Exten of Stage 1 Nor 2

12. MPP Administrative Modification

13. Planned DeveloPment Permit

14. TP Admin - Approved at Public Counter

15. TP - Req. Public Hear for SFD or 10 trees/Less

16. TP - Req. Public Hear for DRP/TM or 11+ trees
1 7. Administrative Variance

18. variance to Develop Standards Req. Public Hearing

19. Variance to Parking Standards

20. Zoning Clearance Approved Public Counter
21-Zoning lnterpretation - Hearing Required

22.Zoning lnterpretation - Non Hearing ltem , ,.
zoN[NG ORUNANCE AIUENDMEN:rSI : :' '":i"!: :::
1 . Zoning Text Amend (Zoning, Subd, Sign) (FULL COST/Deposit)l

2. Zoning Map Change (RZ) 10 Acres or LESS
Fee Estimate Work Sheet
FEE
$717
$4,085
$2,650
$4,627
$102
$2,870
$2,650
$2,225
$3,719
Full Cost
Base Cost
$14,846

PROCEDURES FOR FULL COST FEES
l. Base Cost
The base costs for processing a full cost application repres€nts the minimum amount of stafi time inu""t"O Uy ttr" Planning andkedevelopm€nt Department in proccssing a_cerlain entitlement' This Oj"" f"" has been gendrated based on a time-motion analysis that is avai6ble upon request from the Planning and R;development Department' This base cost is non-refundable' ll. Project lnitiation
concunent with th€ start-up of a Full cost proiect, the applicant shall enter into an agreement for Full Cost billing. This agreement stratl be p'roviOed to the applicanl from the Planning and Redevelopmeit Deparlinenf. Per the provisions of this agreement, the applicant shall pay the base costs associated wiih the individual entitlements associated with the proj€ct' lll. Full Cost Billing
Following project initiation and payment of the base cost fee, Ptanning and Redevelopment staff will recora tiiri sient working on the prqeA against the base mst. Once staff time exceeds that covereA unOer tne base iost, the lpilicant-shall be billed on a monthly basis. These charges will be based on curent staff costs per adopted city labor contracts, plus a factor for direct and indirect *"t". ftt" planning and Redevelopment Department can be contacted for dlnent rates- lncluded in the monthly billing will be the cosls incuned by the following city departments: city nttorn"V, Housing, iommu-nity Development' Plks 3ld Recreation and Planning and Redevelopment. Tiese costs are outside of what is reflected in the Base Cost' lV, Consuliants
As may be required by the Planning Department for proiect evaluation or environmental review, all "on"rii"nt
tnoit
"hall
'be paid for bithe proiea applicant and shall be included in the payment "gi*r*t.

The City shall chargei 09' of t-he *niract amount for City action. The cost for consullant fees will be paid as a one time cost.

V. Plan Check Fee
This fee shall be 15% of the building Ptan check Fee for New Non-Residential mnstruction (commerciat and Multi-family). Fee to be mllected with Euilding's Plan check Fee'

REFUND POLICY
Application fees are not refundable excepf as follows:
f . hefuno of 100o/o shall be made if a determination is made by the Planning Director that the pl^it "no "oociated
fee are not required by the City of Roseville Municipal Code or adopted City Resolution.

Z. li"" "ppfi""nt
requests withdrawal of a permit prior to the PEM, refund of 50% of the applicable fee shall also be refunded.
g. 'No refund of application fees shall be made after a Project Evaluation Meeting has been hetd, unless a fee waiver is approved by the Roseville City Council' KEYtFull Cost/Deposit to be coltected at submittal. Applicant to pay 100% of Actual Cost to process reouested Entitl€ment. -Se€ FULL COST Discussion
"xliiesiueniiai- i.. euirainq code, this include: Commercial and Multi-family developments' PlancheckFeestobeassessedaspartofBuildingDeparimentPlanCheckFee.ip"rtino ln Li€u Fee is an optional fee that non-residential uses in the Downto\rm Specific Plan Area can utilize instead of prouiAing ,"quired parking on-site. Fees for the 1"r stall will be $800 iid"z"il;iit"riSi,rib-o tzsi,"t, r- sLtt (boy"), +" stail $6,ooo(7s%) and 5 or more stalls $8,000 (100%)of rhe in lieu fee.
$2,650
$776
$4,627
$88
$1,772
$2,723
$600
$2,035
$2,430
$58
$1,537
$73
$5,154
$7,965

1. 2.

2. 3.

4. t

3. Zoning Map Chanse(RZ) 11+ AcrT (fu]l9"9srloep911tf]
:t'€.Jngrc;,',,':
::li :;:::1:,iii:lilii:::il t ,'''4:,X'ji;;r r j i:lii','.':i; New Non-Residential Plan Check
2 Commercial Plan Check - Tl2
Planning Dept. Plot Plan Review (Bundles of 10)
Radius List Prep-Previously Developed Area
Preparation Undeveloped Area/Mailing
Farmer's Market Permit
$13,338
:. rrjr" :i. r.1:.! j.. I ,:l,f!. ,r: it:::1.-::.':,. .. r; . ?.i' i t1:.t, :' ':.r-..1 15% of Building Plan Check Fs
$58
$58
$58
$146

10 JuIy 2AlO - June 2O11 (reu. 7'1O)

05/28/2024 Item No.14.

Attachment #3
City of Roseville Planning Department
Sample Agreement for Full Cost Billing
0000011Page 208
05/28/2024 Item No.14.

CIIYOF
RO,i9iru

PTANNING DEPARTMENT
3lI Vernon Streel, Roseville, CA 95678 l9l61 77+5276
CATIFORNIA Agreement for Full Cost Billing
I understand that charges for staff time spent processing this application will be based on the current staff costs per adopted City labor contracts plus a factor ior direct and indirect costs. Please contact the Planning Division for a handout of current billing rates.

I understand that my initial fee is considered to be a base cost for processing. This initial fee will set up an abcount that shall be charged at the current rate for all staff processing time. I understand that should the final costs be more than the initial fee, I will be billed quarterly for the additional charges. I aiso underitand that payments received after the due date will be assessed a late fee equal to ten percent (10%) of the amount Past due.

I understand that staff processing time may include, but is not limited to: Planning and Other City Departments: City Attorney, Housing' Community Development, and plrks & Recreation. This also includes but is not limited to; Pre-application review of plans; reviewing plans / ",jOmitt"t
packages; routing plans to, and communicating with inter-office departments and outside agencies; researching documents relative to sitj history; siie visits; consulting with applicant and/or other interested parties either in person by phone; preparing environmental documents; draftihg of staff reports and resolutions; preparing pertinent maps, graphs and exhibits; and attending meetings / public hearings before the Design Committee/Planning Commission/City Council.

I also understand that receipt of all discretionary approvals does not constitute an entitlement to begin work. Non-discretionary approvals may be required from City development departments and outside agencies. I understand additional fees will be assessed for these approvals. please refer to| the Citi's Residential or Commercial Fee Schedule for other fees to be assessed prior to the issuance of pi|iect permits. These fees may include, but are not limited to: Building Permit fees; lmprovement plan fees; Traffic lmpact fees; brainagb fees: Parkland Dedication fees; Park Construction fees, Utility fees; Filing fees; and Mapping fees.

As applicant, I assume fult responsibility for all costs leading to discretionary approvals (as listed ahove. incurred hv the Citv in nrocessins this annlicationkl.

PROJECTNAME: -.

PROJECT DESCRIPTIONi
BILLING CONTACT INFORMATION:

NAME:

COMPANY:

ADDRESS:

BILL]NG ADDRESS, IF DIFFERENT FROM CONTACT:

NAME:

COMPANY:

ADDRESS:
ztP'._CITY, STATE
PHONE #: FAX #:
ztP'._ CITY, STATE:

PHONE #:

CELL #:

FAX #:

CELL #:

DowrurR

OENGINEER
EMAIL:

IRRcnrtect
EMAIL:
troWNER trARCHITECT
DENGINEER trOTHEN[lornen:

For Staff Use Only
PROJECT ADDRESS:
(Dale Stamp)
E:\forms\FtlLLCOSTBI LLINGAGREEMENT.doc
Received By:

Receipt I:

JOB n"UMBER.

Total Deoosit Fee: S
PROPERTY OWNER OR AGENT AUTHORIZATION:

NAME;
COMPANY:

ADDRESS:

CITY, STATE zlP'.

PHONE #: FAX#:

EMAIL:

CHOOSE ONE:
fl I am the property owner and hereby authorize the filling of this agreement.

D I am the applicant and am authorized by the owner lo file this agreement.

SIGNATURE:

DATE:

05/28/2024 Item No.14.

Desmond Parrinqton
From: Bob Delp <[email protected]>
Tuesday, April 23, 2024 4:18 PM
Desmond Parrington
Pam Johns; Stephanie Henry; Christa Freemantle
Re: City of Folsom - Major Planning ltems on 4/22 and 4/23 To:

Cc:

Sent:

Subject:

CAUTIONt This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe,
Thank you, Desmond.

Bob Detp
916-812-8122
[email protected]
From: Desmond Parrington <dparrington@folsom'ca.us>
Sent: Tuesday, April 23,202411:46 AM
To: Bob Delp <[email protected]>
Cc: Pam Johns <[email protected]>; Stephanie Henry <shenry@folsom,ca.us>; Christa Freemantle <cfreema ntle @folsom.ca. us>
Subject: RE: City of Folsom - Major Planning ltems on a/22 and 4/23 Bob:

The pub1ic notice, which was printed over 1O days ago in the Fo{so m Telegraph inctuded a link to the fee study and atso mentioned that a copy of the fee study is avaitabLe at the Community Devetopment Department permit counter. Attached is the pubtic notice and proof of pubtication. -Desmond
+

GITY O'
t
@
c
Desmond Parrington' AICP
Planning Manager
Gity of Folsom
50 Natoma Street, Folsom, CA 95630
[email protected]
o:9 1 6-46 1 -6 233 c:9 1 6-216-28 1 3
www.folsom.ca.us

FOI,SOM
I
I,
From: Bob Delp <[email protected]>
Sent: Tuesday, April 23,20247:32 AM
To: Desmond Parrington <[email protected]>; Christa Freemantle <cfreemantle@folsom'ca.us> Cc: Pam Johns <[email protected]>; Stephanie Henry <[email protected]> Subject: Re: City of Folsom - Major Planning ltems on 4/22 and 4/23 1

05/28/2024 Item No.14.

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Desmond and/ or Christa:

The Staff Report for ltem 9 of tonight's City's Council meeting is dated with today's date, 4/23/2024. That item is for a hearing to consider amendments to Building and Engineering fees and my understanding is that such a hearing is subject to Folsom Municipal Code section 3.50.060 which states, " [p]ursuant to the California Government Code, at least ten days prior to the required public heoring set out herein, the city manager shall make available to the public appropriote dato indicating the cost, or estimoted cost required to support the fees ond charges for which chonges ore proposed to be made or fees or charges imposed." Can you confirm that the staff report (dated 4/23/20241or the data required pursuant to 3.50.060 was made available to the public at least ten days ago and, if so, can you let me know when and how that was accomplished?
Thank you,
-Bob
Bob Detp
916-812-8122
[email protected]
From: Desmond Parrington <dparrington @folsom.ca.us>
Sent: Monday, April 22,20242:17 PM
To: Desmond Parrington <[email protected]>
Cc: Pam Johns <[email protected]>; Stephanie Henry <[email protected]> Subject: City of Folsom - Major Planning ltems on 4/22 and 4/23 The City of Fo[som has three major upcoming ptanning items incl.uding: 1) a proposed annexation concept; 2) recommended Buitding and Engineering fee changes, and 3) an EIR and proposed amendments to the City's Generat Ptan for additionat housing capacity. Of those three items, two (conceptuaI annexation proposaI and recommended feed changes) witt be going before the City CounciI for consideration tomorrow, Tuesday, Aprit 23 at 6:30 pm in Councit Ghambers at City Hall (50 Natoma St.). The third is avaitabte for review for next 45 days. 1 . Community for Heatth and lndependence - ConceptuaI Annexation Proposal: The Fotsom City Council witt hotd a pubtic workshop on Tuesday, Aprit 23 to consider a pretiminary request from AKT and UC Davis Heatth for their conceptuaI annexation proposat. The proposed project is a master-ptanned community south of Fotsom, located in Sacramento and Et Dorado counties. The devetoper witl present the project concept and request feedback f rom both the Et Dorado County Board of Supervisors and the Fotsom City Councit at separate meetings on April.23 to inform future decisions and any necessary next steps. No formal action by City Councit is required or altowed at this time. lnstead, this workshop creates an early vetting opportunity for the devetoper to hear from the community and City CounciI about the proposed annexation proposat. Learn more: Conceptuat Annexbtion Proposat I Fotsom, CA. Refer to ltem #1 1 for the staff report in the agenda packet.

2. Community Development Department - Recommended Buitding and Engineering Fee Ghanges: The Fotsom City Councit wilt hotd a pubtic hearing on proposed fee changes to CDD's Buitding and Engineering user and processing fees. The Buitding and Engineering fee recommendations come out of a CounciI workshop on the user fee study hetd on March 12. f he changes are designed to better reftect the scope of work invotved and to cover staff costs associated with the processing and review of permits. No impact 2

05/28/2024 Item No.14.
fees are proposed for change. lf approved, these new Building and Engineering user and processing fees woutd go into effect on Juty 1,2024. For a copy of the fee study and the staff report, see ltem # 9 in the staff report (PDF). Ptanning fees, including Speciat Event Permit fees, are not proposed to change at this time. PtanningfeechangeswittbepresentedtoCityCouncitinthefirstquarterof2O2S'

3. Notice of Avaitabitity - Pubtic Review Draft of GeneraI Ptan Amendments and EIR for lncreased Housing Gapacity: As part of the imptementation for the City's 2021-2029 Housing Etement, the City is amending the General Ptan and Folsom Ptan Area Specific Ptan (FPASP) to attow for more intensive mutti- famity residentiaI devetopment in targeted areas inctuding the East Bidwet[ Corridor, areas near the Gtenn and lron Point tight rai[ stations and in the Fotsom Ptan Area. An environmental impact report (ElR) atong with the amended General Ptan and FPASP documents are available for review and comment for 45 days between April22 and Friday, )une 6,2024. The Notice of Avaitabitity is attached and the documents atong with more information about the project and how to submit a comment is avaitabte at vwrtrw.f o lso m. ca. u s/h o u s i n gstu dy.
ot
+
J
@
o
Desmond Parrington, AICP
Planning Manager
Gity of Folsom
50 Natoma Street, Folsom, CA 95630
[email protected]
o:9 1 6-46 1 -6 233 c:91 6-21 6-281 3
www.folsom.ca.us
For-f;(}rt{
3

05/28/2024 Item No.14.

Folsom City Council
Staff ort

RECO ATION / CITY ACTION
Staff recommends that the City Council pass and adopt Resolution No. 11207 - A Resolution Submitting the Folsom Residents Public Safety and Quality of Life Measure to the Qualified Voters of the City to Add a Special Transactions and Use Tax at the Rate of One Percent (l%),Authorizing the Filing of Written Arguments Regarding the City's Revenue Measure, and Directing the City Attorney to Prepare an Impartial Analysis for Said Measure.

BACKGROUND / ISSUE
A group of Folsom residents submitted a Notice of Intent to Circulate Petition to the City on December 4,2023,proposing through a citizens' initiative to impose a new 1olo special sales tax where the tax revenue may only be spent on specific pulposes specified in the measure.

The proponents submitted signatures they have gathered in support of the citizens' initiative to the City Clerk on April 30,2024. The Sacramento County Registrar of Voters verified signatures and opined on May 9 , 2024 that the number of signatures collected by the citizens' initiative meets and surpasses the 10olo voter threshold requirement, thereby qualiffing the citizens' initiative to be placed on the ballot for the November 5,2024 General Municipal Election.
1 MEETING DATE: 512812024
AGENDA SECTION: New Business
SUBJECT: Resolution No. 1 1207 - A Resolution Submitting the Folsom Residents Public Safety and Quality of Life Measure to the Qualified Voters of the City to Add a Special Transactions and Use Tax at the Rate of One Percent (I%), Authorizing the Filing of Written Arguments Regarding the City's Revenue Measure, and Directing the City Attorney to Prepare an Impartial Analysis for Said Measure
FROM: City Attorney's Office

05/28/2024 Item No.15.

A General Municipal Election for the City of Folsom may be consolidated with the Statewide General Election for the purpose of electing members of the City Council in Council Districts 2 and4 to filI openings due to the expiration of the current term of two Councilmembers this December, as well as submitting ballot measures to the voters as desired by the City Council.

While the election of two City Councilmembers will be by-district (i.e., only eligible voters in Council Districts 2 and4 will vote for a Councilmember in their respective Districts), all eligible voters throughout the City will be able to vote to approve or reject the proposed revenue measure.

POLICY / RULE
Elections Code Sections 9201 and 9215 authorize citizens to submit a proposed ordinance to the City Council after being signed by not less than 10 percent of the voters of the City according to the last report of registration by the Sacrament County elections official. Once qualified, the City Council may submit the ordinance without alteration to the voters.

As a citizens' initiative, the proposed ordinance shall become a valid and binding ordinance of the City if a majority of the voters voting on it vote in its favor pursuant to Elections Code Section 9217.

ANALYSIS
A. General Municipal Election
At the November 5,2024 General Municipal Election, the qualified voters of the City will be asked to elect two Councilmembers in Council Districts 2 and 4 to fill the seats following the expiration of the current terms of two Councilmembers. The election will be by-district.

Additionally, the City Council may submit ballot measures to all voters of the City at said election for consideration.

B. Citizenso Initiative
The proponents of the citizens' initiative, "Folsom Residents Public Safety and Quality of Life Act'i have gathered sufficient number of signatures to qualifu it for the November 5,2024 election ballot. The City Council is ministerially required to submit the ordinance to the voters of the City at a General Municipal Election to be held on November 5,2024.

The initiative measure asks voters to authorize the enactment of a new transactions and use (sales) tax on the sale andlor use of all tangible personal property sold at retail in the City and online sellers, at the rate ofone cent for every dollar spent (or one percent), on an ongoing basis.

The measure proposes a "special sales tax," from which the revenue would be deposited into a special City account separate from the general fund for the City to use only for the 2Page 214
05/28/2024 Item No.15.
following specific pu{poses, and in their respective percentages of expenditure, authorized in the measure:

1. Twenty percent (20%) for o'Police and Crime Reduction" to maintain and improve police services and additional staffing, and to provide equipment and facilities for Folsom Police.

Twenty percent (20%) for "Fire, Rescue, and Emergency Medical Services" to maintain and improve fire, rescue and emergency medical services, and to provide equipment and facilities for Folsom firefighters and paramedics.

3. Fifteen percent (I5%) for "Parks, Recreation Facilities and Trails" to maintain and renovate existing parks, trails, and other recreation facilities, including sports facilities used jointly with ftre Folsom-Cordova Unified School District and provide for funding to complete identified incomplete parks and trails in Folsom'

4. Fifteen percent (15%) for "Traffic Mitigation and Environmental Water Quality" to improve traffic congestion and safety, street maintenance, storm system repair and maintenance, and to maintain creek corridor and water quality in Folsom.

5. Fifteen percent (I5%) for "Community Enhancement and Economic Development" to be used for investments, job creation and projects to enhance quality of life and long-term economic viability for the City, such as those consistent with a City adopted master plan.

6. Fifteen percent (15%) for'oMajor Capital Improvement Projects" to help fund major improvements to City infrastructure or facilities, including transportation/traffic safety, stormwater systems, parks and recreation facilities, public safety facilities, parking facilities, libraries and large capital equipment.

The measure requires annual audits and appointment by the City Council of a Citizens Oversight Committee to ensure that funds generated by the special tax are and will be used as specified by the measure. No proceeds fro,m the special tax will be used to enhance existing public employee retirement benefits, replace existing developer obligations, or substitute existing funding mechanisms.

Although the proposed citizens' initiative proposes a "special tax" which normally would require 213 votes to pass, as a citizens' initiative, the measure would become operative if passed by a simple majority vote of the voters voting on the measure.

If passed, the Folsom Municipal Code would be amended by the enactment of an ordinance imposing the new special sales tax; however, the tax will be administered by the California Department of Tax and Fee Administration in the same manner that sales tax is currently administered in order to reduce the cost of collecting the tax and to minimize the burden of record-keeping upon retailers subject to the tax.
2 J Page 215
05/28/2024 Item No.15.

C. Effect on Sales Tax Rate and Tax Revenue
Currently, the cumulative tax rate on retail sales in Folsom is7.75% of the purchase price.

The tax revenue is allocated among the State, Sacramento County, the City of Folsom, and other public agencies. Folsom's share is 1.0% of the purchase price. The initiative measure would increase the cumulative tax rate in Folsom to 8.75o/o, with all proceeds from the special tax to remain in Folsom, and Folsom's share would increase fuom lYoto 2o/o.

Staff estimates that a one cent measure would initially generate approximate$ $29 million per year. Collebtion of the proposed tax would begin on April 1,2025 and would continue until repealed by voters of the City in a future election.

A copy of the proposed text of the proposed citizens' initiative revenue measure can be found in Attachment 2 of this Staff Report.

D. Written Ballot/Rebuttal Arguments
According to Section 9282 of the Elections Code, for measures placed on the ballot by petition, the person filing an initiative petition may file a written argument in favor of the ordinance, and the legislative body may submit an argument against the ordinance. While the Elections Code provides that the City Council may argue against the citizens' initiative, it provides no authority for the City Council to submit an argument in favor of the measure.

Accordingly, the proposed Resolution authorizes the filing of written arguments and rebuttals for the citizens' initiative revenue measure in accordance with Section 9282 of the Elections Codes, as well as directing the City Attorney to prepare an impartial analysis for the ballot measrrle.

Pursuant to the timeline set forth in Elections Code Sections 9286 and9295, written ballot arguments for or against a ballot measure must be filed no later than June I 1,2024. The public examination period for arguments would be from June 12,2024 to June 21, 2024.

Pursuant to Elections Code Section 9285, rebuttal arguments must be filed no later than June 21,2024. The public examination period would be from 1une22,2024 to July l, 2024.

FINANCIAL IMPACT
The Sacramento County Registrar of Voters has estimated the election cost at approximately $55,000 for the election of two City Council candidates. Adding an additional contest to the ballot will cost approximately an additional $6,000 based on the County's fee schedule of $0.1035 per registered voter for "additional contests". Funds will be in the City Clerk's proposed FY 2024-25 budget to cover this expense'
4 Page 216
05/28/2024 Item No.15.

ENVIRONMENIAL REVIEW
Under Election Code Sectiong2l5,the City Council's decision to submit a voter-proposed initiative measure to the voters is ministerial and not subject to the California Environmental Quality Act. No environmental review is required.

ATT

1. ResolutionNo. 11207 - A Resolution Submitting the Folsom Residents Public Safety and Quality of Life Measure to the Qualified Voters of the City to Add a Special Transactions and Use Tax at the Rate of One Percent (l%), Authorizing the Filing of Written Arguments Regarding the City's Revenue Measure, and Directing the City Attorney to Prepare an Impartial Analysis for Said Measure

2. The Folsom Residents Public Safety and Quality of Life Act

3. City Attorney Ballot Title and Summary

4. Sacramento County Voter Registration and Elections Signature Verification Calculations and Certificate
Respectfu lly submitted,
Steven W*g, City Attorney
5 Page 217
05/28/2024 Item No.15.

Attachment 1
Resolution No. 1 1207 - A Resolution Submitting the Folsom Residents Public Safety and Quality of Life Measure to the Qualified Voters ofthe City to Add a Special Transactions and Use Tax at the Rate of One Percent (l%),Authorizing the Filing of WrittenArguments Regarding the City's Revenue Measure, ffid Directing the City Attomey to Prepare an Impartial Analysis for Said Measure

05/28/2024 Item No.15.

RESOLUTION NO. IL2O7

A RESOLUTION SUBMITTING THE F'OLSOM RESIDENTS PUBLIC SAFETY AND

QUALITY OF LIFE MEASURE TO THE QUALIFIED VOTERS OF THE CITY TO

ADD A SPECIAL TRANSACTIONS AND USE TAX AT THE RATE OF ONE

PERCENT (I'A),AUTHORIZING THE FILING OF WRITTEN ARGUMENTS

REGARDING THE MEASUREO AND DIRECTING THE CITY ATTORNEY TO

PREPARE, AN IMPARTIAL ANALYSIS FOR SAID MEASURE
WHEREAS, under the provisions of the Folsom City Charter and the Folsom Municipal Code, a General Municipal Election shall be held onNovember 5,2024 for the election of two City Councilmembers; and,
WHEREAS, Elections Code Sections 9201 and9215 authoize citizens to submit a proposed ordinance to the City Council after being signed by not less than 10 percent of the voters of the City according to the last report of registration by the Sacramento County elections official; and
WHEREAS, pursuant to authority provided by statute, a petition has been filed with the City Clerk of the City of Folsom, California, signed by not less than l0 percent of the registered vot-ers of the City, to submit a proposed ordinance entitled "Folsom Residents Public Safety and Quality of Life Act"; and
WHEREAS, the City Cterk has caused to be examined, through the office of the Sacramento County Voter Registration and Elections Office, the records of voter registration and is in receipt of that certain'osignature Verification Certificate" and "Signature Verification Calculations" from said Office, and has accepted as true and conect the findings contained therein, and thereby ascertained that the petition is signed by the requisite number of voters; and WHEREAS, the City Council wishes to submit the proposed ordinance to the voters of the City of Folsom at a General Municipal Election to be held in the City on November 5,2024; and
WHEREAS, pursuant to Section 9217 of the California Elections Code, the proposed ordinance shall become a valid and binding ordinance of the City if a majority of the voters voting on it vote in its favor.

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

SECTION L. Pursuant to Article II, Sections 10 and l1 of the California Constitution, Elections Code Sections 9200 et. seq., and Folsom Municipal Code Section 2.40.010, a General Municipal Election is called and ordered to be held in the City of Folsom, California, on Tuesday, November 5,2024 for the purpose of submitting the following proposed ordinance to the voters of the City:

Resolution No. 11207

05/28/2024 Item No.15.

CITY OF FOLSOM
YES

NOFOLSOM RESIDENTS PUBLIC SAFETY AND QUALITY OF LIF'E ACT Shall the measure to enact a 1 percent transaction and use tax (sales tax), providing approximately $29 million annually until ended by voters, requiring local control, citizen oversight, independent annual audits, all funds staying in Folsom and the proceeds used only for the following: 20% - police services, 20% - fire protection,I5Yo - parks/trail improvement, l 5% - traffi c/street maintenan ce, l 5o/o - community enhancement/economic development, and 15% - major capital improvement projects, be adopted? MEASURE 4)'
SECTION 2. The complete text of the proposed ordinance to be submitted to the voters in Section t hereof is attached hereto as Exhibit "A". The full text of the Ordinance will not be printed in its entirety in the County Voter Information Guide. Relevant information will be provided within the Impartial Analysis , and a full copy of the text is on file in the Office of the City Clerk.

SECTION 3. The vote requirement for the measure submitted to the voters in Section 1 hereof to pass is a simple majority (50% + 1) of the votes cast.

SECTION 4. The City Council affirms for measures placed on the ballot by petition, the persons filing the initiative petition, pursuant to Elections Code Section 9282(a), may file a written argument in favor of the ordinance, not exceeding 300 words, and the legislative body may submit an argument against the initiative not exceeding 300 words. Arguments shall be accompanied by the printed name(s) and signature(s) of the author(s) submiuing it, or if submitted on behalf of an organization,the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the Form of Argument/Rebuttal Signature Statement Form, in accordance with California Elections Code Section9282, and may be changed or withdrawn until and including the date fixed by this Resolution after which no arguments for or against the City measure may be submitted to the City Clerk'
SECTION 5. The City Council adopts Elections Code Section9285 to accept rebuttal arguments. The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the rurme of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. Rebuttal arguments shall not exceed 250 words. The arguments shall be accompanied by the Form of Argument/Rebuttal Signature Statement Form.

Resolution No. 11207
Page2 of4 Page 220
05/28/2024 Item No.15.

SECTION 6. The date for submission of primary arguments (for and against) for said proposition is hereby set for June 11,2024; the date for submission of the City Attorney's impartial analysis of said proposition is hereby set for May 31, 2024; and the date for submission of rebuttal arguments to said primary arguments is hereby set for Iwrc21,2024.

SECTION 7. The City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, unless the organization or salaries of the Office of the City Attorney are affected. The City Attorney shall prepare an impartial analysis of said measure not exceeding 500 words showing the effect of the measure on the existing law and the operation of said measure. If any measure affects the organization or salaries of the Office of the City Attorney, the City Clerk shall prepare the impartial analysis. The analysis shall include a statement indicating whether any measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the City. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than l0-point , the following: "The above statement is an impartial analysis of the measure. If you desire a copy of the measure, please call the election official's office at: 916-461-6035 and a copy will be provided at no cost to you."
SECTION 8. The ballots to be used at the election shall be in form and content as ' required by law.

SECTION 9. Said General Municipal Election hereby called shall be held and conducted, and the votes there at received and canvassed, and the returned thereof made, and the result thereof ascertained and determined in accordance with the general election laws of the State of California, except as herein provided.

SECTION 10. All persons qualified to vote at municipal elections in the City of Folsom shall be qualified to vote at said General Municipal Election.

SECTION 11. The City Clerk is authorized, instructed, and directed to coordinate with the Clerk and Registrar of Voters of the County of Sacramento to procue and furnish any and all official ballots, notices, printed matter, and all supplies, equipment and paraphernalia thatmay be necessary in order to properly and lawfully conduct the election. Pursuant to Elections Code Section I0002,the City Manager is hereby authorized to reimburse the County for the actual cost incurred in conducting the election upon receipt of a bill stating the amount due as determined by the elections official.

SECTION 12. Unless a longer period is provided by the County Elections Department, the polls shall be open at seven o'clock a.m. of the day of the election and shall remain open "otriin tourly from that time until eight o'clock p.m. of the same day when the polls shall be closed, pursuant to California Elections Code 510242, except as provided in California Elections Code $14401.

SECTION 13. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.

Resolution No. 11207
Page3 of 4 Page 221
05/28/2024 Item No.15.

SECTION 14. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form, and manner as required by law.

SECTION 15. The full text of the revenue measure Ordinance will not be printed in its entirety in the Sample Ballot. Relevant information will be provided within the Impartial Analysis for each measure and a full copy of the text is on file in the Office of the City Clerk.

SECTION 16. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

SECTION 17. Atthe next regular meeting of this City Council occurring after the retums of said General Municipal Election have been canvassed, and the certification of the results thereof to this City Council, or at a special meeting called thereafter for such purpose, this City Council shall cause to be spread upon its minutes a statement of the results of said General Municipal Election as ascertained by said canvass.

SECTION 18. The City Clerk shall certiff to the passage and adoption of this Resolution and enter it into the book of original Resolutions, and to take other appropriate actions necessary to ensure the placement of said proposition before the voters of the City of Folsom at said General Municipal Election'
PASSED AND ADOPTED this 28th day of May, 2024 by the following ro11 call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Michael D. Kozlowski, MAYOR
ATTEST:

Christa Freemantle, CITY CLERK
List of Exhibit:

Exhibit A - Folsom Residents Public Safety and Quality of Life Act ResolutionNo. 11207

05/28/2024 Item No.15.

Resolution No. 11207 Exhibit A
Folsom Residents Public Safety and Quality of Life Act

05/28/2024 Item No.15.

FNLEO}4 TIT! TJLERK's DEPT
d DEfi'?3 Pn4:?4Tho pcople of thc City of Folsom ordain as follows:

SECTION 1. TIII,E.

This measure shall be known as the "Folsom Residents Rrblic Safety and Quality of Life Act.' SECTION 2. I'INIDINGS.

The people of the City of Folsom find:

A. For decades, the City of Folsom has led the State in safoty and livability. Many residents live in the City because it offers a higher level of amenities, services, programs, and quallty of life than in neighboring cities. Many businesses operate and thrive here because of the Crty's business-friendly environment, robust and year-round recreational activities and events, and high-quality public facilities.

B. Howover, the City's unique geography, with its lakes, creeksn tails, bikeways, and sconic hillsides, combined with tho age of its roads, sidewalks, and public buildings make it an expensive City to maintain. While the City of Folsom has seen increased costs to preserve core essential services for its residents, revenue is projected to remain relatively flat. Because the City's population and oommunity expectations sontinue to rise, the City is forced to do more with less. lVithout incrpased revcnucs, a reduction in City services will be required to balance future budgets.

C. The City has significanfly reduced staffing levels, increased employee contributions towards retirement and health benefits, and eliminated retiree health benefits for new employees. Yet because of the City's looming fisoal crisis, coro cssential scrvices for Folsom residents are in dire need of more funding;
I Swom officer staffing levels are below those in 2008 and bolow thc regional average.

Folsom has the only fire station without a fire engine in Sacramento County and residents face an increased afiIount of response time for anrbulances.

City facilities, parks, and trails are aging out, and maintenance has had to be deferred and levcls of service have been and will continue to bo rcduced.

There are at least $20 million annuallyln unfunded or underfunded needs, including transportation upgrades and improvements, incomplete par,ks and frails, and inade,quatcly rnaintained city facilitios, that the City is either defening or not comploting,
D. The City needs a dependable and local source of revenue to fund core essential seryicos that Folsom residents deserve and expect.
a,

3. 4.

I

05/28/2024 Item No.15.

E. For that rcason, ths voters of the City of Folsom scek to enact a l-percent (one cent) spccial transactions and use tax (salcs ta:r) increasc to ensure that the City can maintain and improve the qualrty of core essential services and progranrs. This modest increase would bring Foisom's salCs tax rate to S,TSVo,consistent with or better than neighboring cities such as Rancho Cordova (8.75%),sacramento (8.757o), Elk Grove (8.75Vo) and Galt (9.25Vo). A significant portion of th.e funds generated by this incrcase, approximately 4o%o,would be paid for by visitors, not the residents of the City of Folsom. All of the funds generated by this increase would remain in Folsom to bs used for the bctterment of our community.

SECTION 3. PURPOSE AND IMENT.

In enacting this measure, it is the intent of the people of the City of Folsom to maintain and improve the safety and quality of life for City residents and to provide for core essential servicei in the community for decadss to come, by doing the following:

A. Expressly providing that the funds generated by this Special Sales Ta;r are to be used for core essential City services as set forth in the measure and generally as follows:

Twenty (ZUVo)percent to maintain and improve police services and additional staffing, and to provide equipment and facilities for our police force.

2. Twcnty (20Vo) percent to maintain and improve fire, rescue and emergency medical seryices, and to provide equipment and facilities for our firefighters and paramedics

3. Fifteen (ls%)percent to maintain and renovate existing parks, frails, and other recreation facilities, including sports facilities used jointly with the Folsom- Cordova Unified School District and provide for funding to complete identified incomplete Parks and trails.

4. Fifteen (L57o) percent to improve traffic congestion and safety, streot maintenance, stom system repair, and to maintain creok corridor and water quahty.

5. Fifteen (lS%o) percent for investments and projects to enhance qualrty of life and long-term economic viability for the City, such as those consistent a City adopted master plan.

6. Fifteen (lSVo) percent for major improvements to City infrastnrcture or facilities, including transportation/traffic ruf"ty, stormwater systems, parks and recreation facilities, public safety facilities, parking facilities, libraries and large capital equipment.

B. Expressly requiring an annual audit and an active and dedicated Citizen's Overeight Committec to ensure that funds generated by this ilreasuro are used consistently with the will of the voters and the needs of the City as a whole. This Committee will be charged with

1. 2

05/28/2024 Item No.15.
examining the funds received from this tar(, l€commending a spending plan for these funds to the Folsom City Council, exemining how those funds are spent, and submitting a report to the residonts of the City of Folsom and thc City Council each year.

C. Exprossly providing that none of thc revenues can be used to enhance existing public employee rptiremcnt benefits or to rcplacc existing funding from developer requircments.

SECTION 4. FOLSOM RESIDENTS PTIBLIC SAFETY AND QUALITY OF LIFE ACT.

Chapter 3lfiA,"Folsom Residents Public Safety and Quality of Life Act', ig hereby addod to the Folsom Municipal Code to read as follows:

Chapter 3.140 Folsom Residents Public Safety and QuaHty of Life Act,

3.140.010

3.140.020

3.140.030

3.140.040

3.140,050

3.140.060

3.140.070
3,140.0t0

3.140.090

3.140.100

3.140.110

3.140.120

3.140.130

3.140.140

3.140.150

3.140.160

3.140.170

3.140.180
3,140,190
fitle.

Deflnitions.

Puraose.

Folsom Residents Supporting PubHc Safety and Quality of Life Inltiative Fund.

Receiptof Proceeds. .

Use of Proceeds.

Malntenance of Effort"
Contract with State.

Transacdons Tax Rate.

Place of Sale.

Use Tax Rate.

Adoption of Provlslons of State Law.

Llmltattons on Adoption of State Law and Collection of Use Taxes.

Permit Not Required.

Exempffons and Exclusions.

Amendments.

Eqioining Collection Forbldden.

Annual Independent Audit.

Citizens' Oversigbt Commlttee.

3.140.010 Tltle.

This Chapter shall be known as the "Folsom Residents Public Safety and Quality of Life Acf'(*Act').

3.140.020 Definidons.
,oCommittee" means the Citizens' Oversight Committee establiehed as set forth in Soction 3.140.190,
3

05/28/2024 Item No.15.
'oCity'means CitY of Folsom.
"City Council'o mcans City of Folsom City Council.
.oFrrd" means thc Folsom Rosidonts Supporting Public Safety and Quality of Life Initiative F,bnd.
.oOperative Date" mearut the first day of the first cdendar quarter commenciqg more than one hundrcd ten (ll0) days after the adoption of this Act.

3.140.030 ltttpooe.

This Act is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in ordor to accomplish those purposes:

A. To impose a retail tansactions and use tax in accordance with the provisions of paft 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7zgl.glof part l.T of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a mqiority of the electors voting on the measurc vote to approvo thc imposition of the tax.

B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Uso Tax Law of tho State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

C. To adopt a retail transactions and use tax ordinance that imposes a ta:r and provides a measure therefore that can be administered and collected by the California Orputtr"ot of Tax and Feo Adrrinisnation in a manner that adapts itself as fully as practicable to, and requires the least possible deviation frorn, the existing statutory and administrative procedurcs followed bV titr California Department of Tax and Fee Adminisiation in adrninistering and collecting the California State Sales and Use Ta:res.

D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, aliaimize the cost of collecting the transactions and use tar(es, and at the sanre time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance.

E. This Special Transaction and Use Tax measure approved by the voters of the City of Folsom shall be used solely to sustain and improve the safety and quality of life for City residents and to provide for core essential services in the cornmunity for decades to come. 4

05/28/2024 Item No.15.

3.140.040 Folsom Residents Supporting Public Safety and Quality of Life Initiative Fund.

There is hereby established in the treasury of the City of Folsom a special fund called the Folsom Residents Supporting Pubtc Safety and Quality of Life Initiative Fund, which shall be maintained by the CitY.

3.140.050 ReceiPtofProceeds.

A. All revenue generated by this Act shall be deposited into the Folsom Residents Supponing Public Safety and Quality of Life Initiative Fund and shall solely be used in the City of Folsom for the purposes described in this Act.

B. Monies in the Folsom Residents Supporting Public Safety and Quality of Life Initiative Fund shall be used to reimburse the City for the costs imposed by the California Tut and Fee Administration to administer and oporate this talc pursuant to Section 3.140.080 and for use for the Annual Independent Audit pursuant to Section 3.140.180.

C. fire remaining monies in the Fund shall be expended pursuant to and subject to the requirements set forth in Sections 3.140.060 and 3.140.070.

3.140.060 Use of Procecds.

Thc monies in the Folsom Residonts Supporting Public Safety and Quatity of Life Initiative Fund shall be used solely to enhance core essential Clty services to maintain and improve the quality of life of residents of the City for the following distinct pu{pose$, and the revenues generated by this Act shall b9 utilized based on the percentages listed below. With the , adoption of the City budget and quarterly as determined by the City Manager and Chief Financial Officer, the City shall apportion the levenues within the categories in this Act based on the City's anticipated needs and projects in the coming year or following years for projects spanning multiple years. The following are the allowable uses and annual percentages for the revenues generated by this moasure:

A. Police and Crime Reduction. Twenty percent (207o) of the monies in the Folsom Residents Supporting Public Safety and Quality of Life Initiative Fund shall be used to (1) maintain and improve core essential police services through funding addifional officers, crime analysts, community service officers, and non-sworn police support staff and code enforcement officers above the approved staffing levels in the 2O23-2OV| City Budget; (2) purchase patrol and rcsponse vehicles, equipment and supplies for police uses, information technology resources and support; (3) renovate and constmct potice facilities; and (4) fund a reserve for futue oxponditures consistent with the uses de$cribed in this section. No funds shall be used to onhanco oxisting retitpmont benofits.
5

05/28/2024 Item No.15.

B. Fire, Rescue, and Emergency Medical Services. Twenty percent (ZOVo) of the monies in the Folsom Residents Supporting Public Safety and Quality of Life Initiative Fund shall be used to (1) maintain and improve core essential fire services through funding additional firefighters, EMS, and fire support staff above the approved staffing levels in the 2023-2024CiW Budget, including training tresources and support, wildland fire protection, mitigation programs and resources; (2) purchase of equipment and $upplies, information tcchnology rcsources and support for city fire resources; (3) renovate and construct fire facilitiesi and (4) fund a reserve for future expenditures consistcnt with the usas describod in this section. No funds shall bc used to enhance existing retirement benefits.

C. Parks, Recreation Facilities and Trails. Fifteen percent (15%) of the monies in the Folsom Residents Supporting Rrblic Safety and Quality of Life Initiative Fund shall be used to (1) maintain and improve core essential recreational services through renovation of existing parks and park facilities, recrcation facilitios, and joint-usc Folsom-Cordova Unified School DiCtrict sporrs facilities, at funding levels above approved 20D.3-2O2A City Budget; (2) staffing or confiact servicos to plan and consfiuct unbuilt parks and park facilities north of Highway 50; (3) expand information technology r€sources and support; (4) maintain and onhance bicycle and pcdostrian trails and facilitics; and (5) fund a reservo for long term expenditures consistent with the uses described in this subdivision. The revenues from this Act shdl not replace developer requirements or other existing funding mechenisms required as a condition of development. No funds shall be used to enhance existing retirement bencfits.

D. Traffic Mitigation and Environmental Water Qualrty. Fifteen percent (157o) of the monies in the Folsom Residents Supporting Public Safety and Quality of Life Initiative Fund shall be used to maintain and improve core essential transportation services including (1) Uansportation projects to lmprove traffic congestion and safety; (2) sheet maintenance pavemenypothole repair; (3) construction or matching funds for Eansportation projects in the City; and (4) information technology resources and support, including intelligent traffic management systems; and (5) personnel or contractors and equipment for storm drain system repair and maintenance, creek corridor and water quality pond maintenance; and (6) funding a reserve for future expendituros consistent with the uses described in this section. The revenues from this Act shall not replace developer requirements or other existing funding mechanisms.

No funds shall be used to enhance existing retirement benefits.

E. Community Enhancement and Economic Development. Fifteen porcent (15%) of ths monies in the Folsom Residents Supporting Public Safety and Quality of Life Initiative Fund shall be used for investments, projects, and staff or contractors to maintain and enhance the quality of life and long-termeconomic viability of the City of Folsom. Permitteduses of these funds include economic development administration, investments that yield a net positive impact on jobs or revenues in the City, corununity volunteer resources and support, projects consistent with a City adopted master plan approved by the City Council, and a reserve fund for futurc expenditures consistent with the uses described in this subdivision. 6

05/28/2024 Item No.15.

F. Major Capital Improvement Projects. Fifteen percent (LSVo) of monies in the Folsom Residents Supporting Public Safety and Quatity of Life Initiative Fund shall be used for major improvements to City infrastructure or facilities, including but not limited to transpoltation/trafflrc safety, stormwater systems, parks and recreation facilities including multi- or" t uil, and bridges, city-owned buildings and facilities, public safety facilities, parking facilities, and libraries, and to fund a reserve for future capital projects and capital equipment with a useful life expectancy greater than five (5) years'

3.140.070 ll{alntenance of Effort.

The people of the City of Folsom find and declare that the funding provided by the Folsom Residents Supporting public Safety and Quatity of Life Initiative Fund to each of the city departments and budgit categories for those departments as.specified in this Actwill supplement and not replace ttre eiisting level of General Fund confribution approved by the City Council in its 2123-2124budget. Revenues generated by this Act shall not be used to supplant the existing General Fund contributions in thJcategories described in this measure without a declaration of a fiscal emergency by a four-fifths vote of the City Council, and then only for the limited duration of the fiscal emergency.

3.140.080 Contract with State.
prior to the operative date, the City shall contract with the California Department of Tan and Fee Administration to perform all functions incident to the administration and operation o,f this transactions and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calondar quarter following the execution of such a contfact.

3.140.090 Transactions Tax Rate.

For the privilege of selling tangible personal Pryperty at retail, a tax is hereby imposed upon all retaileis in tG incorporated tenitory of the City at the rate of one percent (17o) of the goss receipts of any retailerirom the sale of all tangible personal property sold at retail in said ierritory on and after the operative date of this ordinance'

3.140.100 Place of Sale.

For the purposos of this ordinance, all retait sales are oonsummated at the place of business of theietailer unless the tangible personal property sold is delivercd by the rctailcr or his agent to an out-of-state destination or to a cornmon carrier for delivery to an out-of-state destiiation. The gross receips from such sales shall include delivery charges, when such charges are subjeJt 19 the sdte sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be 7

05/28/2024 Item No.15.
determined under nrles and regulations to be prescribed and adoptad by the California Department of Ta:r and Fee Administration'

3.140.110 Use Tax Rate.

An excise tax is hereby imposed on the storage, use, or other consumption in the City of tangible personal property puictraseA from any retailel on and aftor the operative date of this ordln*"" for storage, or",
-*
other consumption in said tenitory at the rate of one_percent (lVo) of the sales prico oFtn" property. The salesprice shall i_nglude delivery charges when such charges are iubject to statelales or use ta:r regardless of the place to which delivery is made.

3.140.120 Adoption of Provisions of State Law'
Except as otherwise provided in this ordinance and except insofar al they are inconsistent with the pronirion, of Part 1.6 of Oivision 2 of the Revenue and Taxation Code, all of the provisions of part 1 (commenci4g with Section 6001) of Division 2 of the Revenue and Taxation 'Code are hereby adopted and made a part of this ordinance as though fully set forth herein.

3.140.130 Llmitatlons on Adoption of Stnte Law and Collection of Use Taxeg.

In adopting the provisions of Part I of Division 2 of the Revenue and Taxation Code:

A. Wherever the State of California is named or refened to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:
l. The word "staten'is used as a part of the title of the State Contoller, State Treasurer, State Trea.gury, or the Constitution of the State of California.

The result of that substitution would require astion to be taken by or against this City or any agencyn officer, or employee thereof rather than by or against the Caifornia pJpartment of Ta:r and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance.

In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. provide an exemption from this ta:r with rospect to certain sales, storagc, use, or other coniumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use, or other consumption remain subject to tax by the State underthe provisions of Part I oiDivision 2 of the Revenue and Taxation Coden or,

2. 3.
8

05/28/2024 Item No.15.
b. Impose this tax with respect to certain sales, storage, use or other coisumption of tangible personal property which would not be subject to ta:r by the state under the said provision of that code.

4. In Sections 670L,6702 (except in the last sent€nce thereof), 6711,67t5,6737, 6797 or 6828 of the Revenue and Taxation Code'
B. The word.ocity" shall be substituted for the word "State'in the phrase "retailer engaged in business in this Statl' in Section 6203 and in the definition of that phrase in Section 6203.
l. *A retailer engaged in business in the Dishicf' shall also include any retailer that, in thc proceding calendar year or ttre cuncnt calendar yoar' has total cornbinedsales of tangible personal propcrty in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500'000). For purposes of this section, a person is related to another person if both persons arc related to eacliother pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder.

3.140.140 Permlt Not Required.

If a seller's permit has been issued to a retailer undcr Soction 6067 of ths Revenuo and Taxation Codc, an additional fransactor's pormit shall not be required by this ordinance.

3.140.150 Exemptions and Exclusions.

A. There shall be excluded from the measure of the tansactions tan and the use tax the amount of any sales tax or use tax imposed by tlre State of Califomia ?t-ly gry clty, city and county, or county pursuant to the Bradley-Burns Uniform Local Salos and Use Ta,t Law or the amount of any state-administered transactions or use tax' B. There are exempted fromthe computation of the amount of Eansactions ta:c tho gross receipts from:
1, Sales of tangible personal property, other than fuel or petroleum products, to operators ofait"ruft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as cornmon cagiers of persons or property under the authority of the laws of this State, the United States, or any foreign government'
Z. Sales of proporty to bc uscd outsidc thc City, which is shipped to a point outside ttre City, pursuant to the conuact of sale, by delivery to such point by thc rotailcr or his ugont, or by dolivcry by tho rctailor to a carrier for shipment to a coneignoe at suchloint. For the purpose$ of this paragraph, delivery to a point outside the City shall be satisfied:
9

05/28/2024 Item No.15.
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter I (commencing with Section 4000) of Division 3 of the vehicle code, aircraft licensed in compliance with Section 2l4Ll of the Rrblic Utilitiss Code, and undocumenlod vcssels registered under Division 3.5 (commencing with section 29+ol of the Vetricle Code by registration to an out-of-Clty address and by a declaration under penalty of pedury, signed by ttre buyer, stating that such address is, in fact, his or her principal place ofresidence; and b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of pedury, signed by the buyer, that the vehicle will be operated from that address.

3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative datc of this ordinance.

4. A lease of tangible personal property which is a continuing sale of such properfy' for any poriod of time for which the lessor is obligated to.leaselhe property for an amount fixed by the lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (a) of this section, the sale or lease of tangible peisonal property shalt be deemed not to be obligated pursuant to a contract
-or
lease for any period of time for which any pafiy to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

C. There are exempted from the use tan imposed by this ordinance, the storage, use, or other consumption in this City of tangible personal properly:
l. The gross receipts from the sale of which have been subject to a transactions tan undei any state-administered transactions and use tax ordinance.

Z, Other than fuel or petroleum products purchased by opetators of aircraft and used or consumed by such operatois directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1of the Revenue and Tanation Code of the State of California.

If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

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05/28/2024 Item No.15.

4. If the possession of, or the exercise of any right or power ovcr, the tangible personal property arises under a lease which is a continuing purchase of such property ior aoy period of time for which the lessee is obligated to lease the propsrty for an'amount fixed by a lease prior to the operative date of this ordinance'

5. For the purposes of subparagraphs (3) and (4) of this sectionn storage, use' or other consumption, or possession of, or exercise of any right or power over' tangible personal propirty shatl be deemed not to be obligated pursuant to a contract or lease fbr any period of time for which any party to the contract or lease has the unconditionA right to terminate the contract or lease upon notico, whether or not such right is exercised'

6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not bi required to collect usi tax from the purchaser of tangible personal property, unless the retailer ships og delivers-the property into tfre -City or irariicipates within the City in making the sale of the property, including, but not tmited to, soliciting or receiving the order, either directly or indirectly, at a place of business of tle retait"r in the Crty or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the rotailer.
i, ,,A retailer engaged in business in the City" shall also include any retailer of any of the followiigl vehicles subject to registration pursuant to Chapter 1 (commencing t;ith Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in c6mpliance with Section 2l4ll of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9S/+0) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the citY.

D. Any person subject to use tax under this ordinance may credit against that tax any transactions ta;r or reimbursenient for transactions talr paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage; use or other consumption of which is subject to the use tat(.

3.140,160 Amendments.

All amendments subsequent to the effective date of this Act to Part I of Division 2 of the Rcvenue and Taxation Cods rolating to salee and use taxes and which are not inconsistent with part 1,6 and part 1,T of Division 2 of the Revenue and Taxation Codc, and all amondments to part 1.6 and part l.Z of Division 2 of the Revsnue and Toration Code, shall automatically becomc s part of this ondinance, provided however, that no such amendment shall operate s0 as to affect the rate of tax imposed by this ordinance'
11

05/28/2024 Item No.15.

3.140,170 EqiotningCollectionForbidden
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action, or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevJnt or cnjoin the collection under this ordinance, or Paxt 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collectpd.

3.140.f80 AnnuallndependentAudit.

The proceeds of the tax imposed by this Act, as well as the expenditures from thc Folsom Residents Supponing public Safety and Quality of Life Initiative Fund, shall be subject to the same indep"nd.nt annual audit requirements as other l€venues in the City of Folsom. An independent auditor's report may be funded by the revenues from the Fund and shdl include an acco:unting of the r.nroo-r, received and expenditures made from the Fund and shall be presented annually to ttr" city council by the Citizens' Oversight Committee and made available for public review. The report of such audit shall be posted on the City' website.

3.140.190 Citizens'Oversight Committee'
The City Council shall, by resolution adopted before the operative date of this Act, establish a nine-member Citizeni' Ovorsight Committee to review the revenue and expenditure of firnds from the Folsom Residents Supporting Public Safety and Quality of Life Initiative Fund, address the uso of funds to assure ihc funds worc cxpended consistent with the requirernents of this chapter, and to make recommendations to the City Council for future expenditures. The *"*l"rr t"t*s, qualifications, duties, and the scope of the Committee, shall be^as establishedby resolution of the City Council and shall include representatives of the City Finance Department, the Police Department, the Fire Department, a representative from a recreationaf sports organization within the City of Folsom, a representative of a parks and trails organization *ithin tfr" city of Folsom, a representative focused on streets and environmental stormwater, a representative from a businesi community organization within the City oJ Folsom, and two e) at-lugemembers who are residents of the City of Folsom. All meetings of the committeo shall be open to the public. The committee shall prepare anannual report to be fr*"nt"a and reviewiC Uy the iity Council at a City Council meoting. Tho rcport shall be available to the Public.

SECTION 5. EFFECTIVE DATE.

This Act relating to the levying and collecting of the City transactigns and use tax shall take effect tcn (10) days after the certification by the City Council of the election returns indicating passage of ine Act by a majority of the votgry casting votes in the election; however, the Operitive pite of the tax imposed by this act.g!{l !e thc first day of thc first calendar drrtJt commcncing moro than one hundred ten (1 10) days after the adoption of this Act. 12

05/28/2024 Item No.15.

SECTION 6. SEVERABILITY.

If any section, subsection, sentenceo claus€, phrase, or word of this Act is for any reason held to be invalid by a court of competent jurisdiction, suc! lecision shalt not affect the validity of the rernaining ponioos of this nct. rne voters of City of Folsom horeby declare thoy would n"u" p*ruA aniadopted this Act and each and all provisions hereof irrespective of the fact that any one or more of said provisions be declarod invalid' SECIION 7. LIBERAL CONSTRUCTION.

This measure is an exercise of the initiative power of the People of the City of Folsom to implemerit a special tax to fund the purposes set forttr in the Act, and it sha[ be liberally construed to effectuate these purposes.

SDCTION 8. CONFLICTING MEASURES,
This measure is int€nd€d to bc comprehensive. It is the intent of the People of the City of Fotsom that, in the event this measure and one or moro mgasures relating to a special tansaotions and use tax" shall appear on the same ballot, the provisions of the other measure or measur€s shall be deemed in conflict with this measure. In the event that this measwe receives a grut"t number of affirmative votes, the provisions o{this measure shall prevail in their entirety, ina
^ff
provisions of the other measure or measures shall be null and void. t3

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Attachment2
The Folsom Residents Public Safety and Quality of Life Act

05/28/2024 Item No.15.

FNLEO}4 TITV CLERK's NEPT
4 nEC'?3 rn4:?4The people of the City of Folsom ordain as follows:

SECTION 1. TNI,E.

This measurc shall be known as the *Folsom Residents Public Safety and Quality of Life Act.'n SECTION 2. FII\DINGS.

The people of the City of Folsom find:

A. For decades, the City of Folsom has led ttrc State in safety and livabiliff. Many residents live in the City because it offers a higher level of amenities, services, programs, and quallty of life than in neighboring cities. Many businesses operate and thrive here because of the City's busincss-friendly cnvironmcnt, robust and year-round recreational activities and events, and high-quality public facilities.

B. However, the City's unique geography, wittr its lakes, creeks, tails, bikeways, and sccnic hillsides, combined with tho age of its roads, sidewalks, and public buildings make it an expensive City to maintain. While the City of Folsom has seen increased costs to prcserve core essential services for its residents, revenue is projected to rcrnain relatively flat. Because the City's population and community expectations continue to rise, the City is forced to do more with less. Without increased revenues, a reduction in City services will be required to balance futue budgets.

C. The City has significantly reduced staffing levels, increased employee contibutions towards retircmont and health benefits, and eliminated retirse health bensfits for new employees. Yot because of the Crty's looming fiscal crisisn cotc osscntial serviccs for Folsomresidents are in dire need of moro funding:

I Sworn officer staffing levels are below those in 2008 and below the regional average.

Folsom has the only fire station without a fire engine in Sacrarnento County and residents face an increased amount of response time for anrbulances.

City faqilities, parks, and tails are aging out, and maintenance has had to be dcfcned and lovcls of service have bccn and will continue to be reduced.

There are at least $20 million annually tn unfunded or underfunded needs, including transportation upgrades and improvements, incomplete parks and fails, and inadequately maintained city facilities, that the City is either defening or not completing.

D. The City needs a dependable and local source of revenue to fund core essential services that Folsom residents deserve and expect.

2. 3.

4. 1

05/28/2024 Item No.15.

E. For that reason, the voters of the City of Folsom seek to enact a l-percent (one cent) special transactions and use tax (sales ta:c) increase to ensure that the City can maintain and improve th.e quality of core essential services and programs. This modest increase would bring Folsom's sales tax rate to S.TSVo,consistent with or better than neighboring cities such as Rancho Cordova (8.75%),sacramento (8.75Vo), Elk 6rove (8.75%, and Galt (9.259o). A significant portion of the funds generated by this inctease, approximately b%o,would be paid for by visitors, not the rcsidents of thc City of Folsom. All of the funds generatcd by this incrcaso would remain in Folsom to be uscd for thc bettennent of our community.

SECIION 3. PURPIOSE AND INTENT.

In enacting this measure, it is the intent of the people of the City of Folsom to maintain and improve the safety and quality of life for City residents and to provide for core essential services in the community for deoades to some, by doing the following:

A. Expressly providing that the funds generated by this Special Sales Ta;r are to be usod for cop osscntial Clty scrvices as sct forth in the mcasune and genorally as follows:

Twenty (2OVo) percent to maintain and improve police services and additional staffing, and to provide equipment and facilities for our police force.

Twenty (20Vo) percent to maintain and improve fire, rescue and emergency medical services, and to provide equipment and facilities for our firefighters and paramedics.

Fifteen (Ls%)percent to maintain and renovate existing parks, hails, and other rccrcation facilities, including sports facilitics uscd jointly with thc Folsom- Cordova Unified School Disuict and provide for funding to complete identified incomplete parks and Eails.

Fifteen (15%) percent to improve traffic congestion and safety, street maintenance, stom system repair, and to maintain creek conidor and water qualrty.

Fifteen (15%) percent for investments and projects to enhance quallty of life and long-torm economic viability for the City, such as those consistent a City adopted master plan.

Fifteen (lSVo) percent for major improvements to City infrastructure or facilities, including transportation/traffic safety, stormwatsr systems, parks and recreation facilities, public safety facilities, parking facilities, libraries and large capital equipment.

B. Expressly requiring an annual audit and an active and dedicated Citizen's Oversight Committee to ensure that funds generated by this nreasure are used consistently with the wili of the voters and the needs of the City as a whols. This Committee willbe charged with I

2. 3

4. 5.

6. 2

05/28/2024 Item No.15.
exafidning the funds received from this tax, recomrrcnding a spending pfan for these funds to the Folsom City Council, examining how those funds are spent, and submitting a report to the residcnts of the city of Folsom and thc city council each year.

C. Expressly providing that none of the revenues can be used to enhance existing public employee tetitetn*t benefits or to replace existing funding from developer requirements.

SECTION 4. FOLSTOM RESIDENTS PUBLIC SAFETY AI{D QUALITY OF LIFE ACT.

Chapter 3.140, "Folsom Residents hrblic Safety and Quality of Life Act", is hereby added to the Folsom Municipal Code to read as follows:

Chapter 3.140 Folsom Residents hrblic Safety and QuaHty of Life Act. 3,r40.010

3.1411.020

3.140.030

3.140.040

3.140.050

3.140.060

3.140,070

3.140.0t0

3.140.090

3.140.100

3.140.110

3.140.120

3.140.130

3.140.140

3.1'00.150

3.140.160

3.140.170

3.140.1t0

3.140.190
Title.

Ilefinitions.

Purpose.
tr'olgom Resldents Supporting Publtc Safety and Quality of Life Inltiative tr'und.

Recelptof Proceeds. '
Use of Proceeds.

Malntenance of Effort
Contract with Stat€.

Transacdons Tax Rate.

Place of Sale.

Use TaxRate.

Adopfion of Provigions of State Law.

Ltmltatlons on Adoptton of State Law and Collcctlon of Use Taxes.

Permit Not Requlred.

Exempdons and Excluslons.

Amendments.

Epjotning Collection Forbidden.

Annual Indepndent Audit.

Citizens' Oversight Committee.

3.140.010 Tltle.

This Chapter shall be known as the "Folsom Residents Public Safety and Quatity of Life Act" ('Act').

3.140.020 Dennidons.
..Comnittee" rneans the Citizens' Oversight Committee established as set forth in Section 3.140.190.
3

05/28/2024 Item No.15.
"Ciry" means City of Folsom.
"City Councif'means City of Folsom City Council'
..Fund" means the Folsom Residents Supporting Public Safety and Quality of Life Initiative Fund.
.oercrative Date'means the first day of the firsa calendar quarter commencing more than ono hundrcd tcn (ll0) days aftor thc adoption of this Act.

3.140.030 hrrpose.

This Act is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomptsh those purposes:

A. To impose a rctail transactions and use tax in ascordance with the provisions of pa$ 1.6 (commencing wittr Section 7251) of Division 2 of thc Rcvcnue and Taxation Code and Section 72gl,glof part 1.? of Division 2 which authorizes the City to adopt this tax ordinance which shall bo opcrativc if a majority of thc clectors voting on thc measurc vote to approve thc imposition of tho tax.

B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the sales and uso Tax Law of the state of california insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Ta:ration Code.

C. To adopt a r€tail transaptions and usc tax ordinancc that imposos a talt and provides a measure therefore that can be administered and collecrcd by the California-O"purt*rnt of Tax and Fee Administration in a mantr€r that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Dcpartrrent of Tax and Fee Adrninistration in administering and collecting the California State Sales and Use Taxes.

D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, tothe greatost degree possible, consislent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at thc same time, minimize the burden of rocord keeping upon persons subject to taxation under the provisions of this ordinance.

E. This Special Transaction and Use Tarc measure approved by the voters of the City of Folsom shall be used solely to sustain and improve the safety and quality of life for City residents and to provide for core essential services in the community for decades to come. 4

05/28/2024 Item No.15.

3.140.M0 f,'olsom Resldents Supportlng hrbtlc Safety end Quatlty of Llfe Inltlafrve Fund.

There is hereby established in the treasury of the City of Folsom a special fund called the Folsom Residents Supporting Public Safety and Quality of Life Initiative Fund, which shall be maintained by the City.

3.140.050 ReceiPt of Proceeds.

A. All revonue generatedby this Act shall be deposited into the Folsom Residents Supporting Public Safety and Quality of Life Initiative ltrnd and shall solely be used in the City of Folsom for the purposes described in this Act.

B; Monies in thc Folsom Residents Supporting Public Safcty and Qualig of Life Initiative Fund shall be used to reimburse the City for the costs imposed by the California Tut and Fee Administration to administer and operatc this tax pursuant to Section 3.140.080 and for use for the Annual Independent Audit pursuant to Section 3.140.180.

C. The rernaining monies in the Fund shall be expended pursuant to and subject to the requirements set forth in Sections 3.140.060 and 3.140.070'

3.140.060 Use of Proceeds.

The monies in the Folsom Residents Supporting Public Safety and Quatity of Life Initiative Fund shall be used solely to enhance core essential City services to maintain and improve the quality of life of residents of the City for the following distinct purposes, and the tnroo"s generated by this Act shall bg utilized based on the percentages listed below. With the adoption of the City budget and quartorly as determined by the City Manager and Chief Financiat Officer, tho City shall apportion the rcvcnues within the categories in this Act based on the City's anticipated needs and projects in the coming year or following years for projects spaming multiplc ycar6. The following alc thc allowable uses and annual perccntages for the rcvcnuc$ generated by this moasure:

A. Police and Crime Reduction. Twenty percent (20Vo) of the monies in the Folsom Residents Supporting Public Safety and Quatity of Life Initiative Fund shall be used to (l) maintain and improve core essential police services through funding additional officers, crime analysts, community service officers, and non-sworn police support staff and code enforcement officers above the approved staffrng levels in the 2023-2024 City Budget (2) purchase patrol and rcsponse vehicles, equipment and supplies for police uses, information technology resources and support; (3) renovate and construct police facilities; and (4) fund areserve for future expenaitur"s consistent with the uses described in this section. No funds shall be used to enhance existing retirement benefits.
5

05/28/2024 Item No.15.

B. Fire, Rescue, and Emergency Medical Services. Twenty percent (ZOVo) of the monics in thc Folsom Rosidcnts Supporting Public Safcty and Quality of Life Initiative Fund shalt be used to (1) maintain and improve core essential firc services through funding additional firefighters, EMS, and fire support staff above the approved staffing levels in the 2023-2(D4City Budget, including training lesoruce$ and support, wildland fire protection, mitigation programs and resourccs; (2) purchase of equipment and supplies, information technology resourcos and support for crty fire resourceq (3) renovate and constnrct fue facilities; and (4) fund areserve for future expenditures consistent with the uses described in this section. No funds shall be used to enhance existing retirement benefits.

C. Parks,RecreationFacilitiesandTrails. Fifteenpercent (llvo)of themoniesinthe Folsom Residents Supporting Public Safety and Quality of Life Initiative Fund shall be used to (l) maintain and improve core essential recreational services throggh renovation of existing parks and park facilities, recreation facilities, and joint-use Folsom-Cordova Unified School Di$trict sports facilities, at funding levels above approved 2023'2024 City Budget; (2) staffing or contract services to plan and constnrct unbuilt parls and park facilities north of llighway 50; (3) expand information technology resources and support; (4) maintain and enhancebicycle and pedesfian trails and facilities; and (5) fund a reierve for long term expenditures consistent with the uses described in this subdivision. Thc revenues from this Act shall not replace developer roquincments or other existing funding mschanisms required as a condition of development. No funds shall be uspd to enhancc existing retircmsnt bencfits.

D. Traffic Mitigation and Environmental Water Qualrty. Fifteen percent (157o) of thc monios in tho Folsom Rcsidcnts Supporting Public Safety and Quality of Life Initiative Fund shall be used to maintain and improve core essential trursportation seryices including (1) transportation projects to improve traffic congestion and safety; (2) street maintenance pavemenUpothole repair; (3) construction or matching funds for transportation pnrjects in the City; and (4) information technology resources and support, including intelligent traffic management systems; and (5) personnel or contractors and equipment for storm drain system r€pair and maintenance, creek corridor and water quality pond maintenance; and (6) funding a reserve for future expendituros consistent with the uses described in this sgction. Thc rcvcnucg from this Act shall not replace devoloper requircmonts or other existing funding mochanisms.

No funds shall be used to enhance existing retirement benefits.

E. Community Enhancement and Economic Development. Fifteen percent (15%) ot the monies in the Folsom Residents Supporting Public Safety and Qualrty of Life Initiative Fund shall be used for investments, projects, and staff or contractors to maintain and enhance the qualrty of life and long-term economic viability of the City of Folsom. Permitted uses of these funds inoludc csonomic dovoloprnent administration, invostmonts that yicld a nct positivo impact on jobs or revenues in the City, comrnunity volunteer resources and support, projects consistent with a City adopted master plan approved by the City Council, and & rcserve fund for futue expondinsce consistont with the uscs described in this subdivision. 6

05/28/2024 Item No.15.

F. Major Capitat Improvement Projects. Fifteen Frcent (L5%) of monies in the Folsom Residents Supporting Public Safety and Qiality of Life Initiative Fund shall be used for major improvements to City infrastnrchre or facilities, including but not limited to transponatiorr/naffic safety, stormwater systems, parks and recreation facilities including multi- ot" t uilt and bridges, city-owned buildings and facilities, public safety facilities, parking facilities, and libraries, and to fund a reserve for future capital projects and capital equipment with a uscful life expcctancy greator than five (5) years'

3.140.070 Maintenance of Effort.

The people of the City of Folsom find and declare that the funding provided by the Folsom Residents Supporting Public Safety and Quality of Life Initiative Fund to each of the city departments and budgit categories for those departments as specified in this Actwill supplement and not replace the eiisting level of General Fund contibution approved by the City Council in its 2O23-iO24 budget. Revenues generated by this Act shall not be used to supplant the existing General Fund contibutions in thacategories described in this measure without a declaration of a fiscal emergency by a four-fifths vote of the City Council, and then only for the limited duration of the fiscal omergency.

3.140.080 Contract with State,
prior to the operative date, the City shall contract with the California Department of Ta:r and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have confracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.

3.140.090 Transactions Tax Rate.

For the privilege of selling tangible personal propcrty at rctail, a tax is hcreby imposed upon all retailers in thi incorpora-ted tenitory of the City at the rate of one percent (l7o) of the gross receipts of any retailerirom the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance'

3.140.100 Place of Sale.

For the purposes of this ordinance, all retail sales are consummated at the place of business of theietaiter unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state desti;ation. The gross receipts from such sales shall include delivery charges, when such charges are subje& 1o the stite sales and use tax, regardless of the place to which delivery is *aOe. In the evont a retailer has no permanent place of business in the State or has more than one place of business, the place or piaces at which the retail sales are consummated shall be 7

05/28/2024 Item No.15.
determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.

3.140.110 Use Tax Ratc.

An excise talc is hereby imposed on the storage, use, or other consumption in the City of tangible personal property purchaied from any retailer on and after the operative date of this *aln*"" for storage, ori, br other consumption in said tenitory at the rate of one percent (170) of the salos prioo of thr property. The sales price shall inglude delivery charges when such charges are subject to statc sales or use tar( rcgardless of the place to which delivery is made.

3.140.120 Adoption of Provisions of State Law.

Excep as otherwise provided il this ordinance and except insofar as thgy are inconsistent with the ptoiitioor of Part 1.6 of Oivision 2 of the Revenue and Taxation Code, all of the provisions of part 1 (commencing with Section 6ml) of Division 2 of the Revenue and Taxation ^Code are hereby adopted and made a part of this ordinance as though fully set forth herein.

3.140,130 Limitatlons on Adoption of State Law and Collcction of Use Taxes.

In adopting the provisions of Part I of Division 2 of the Revenue and Taxation Code:

A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:

1. The word "stateo'is used as a part of the title of the State Confiollet State Treasurer, State Treasury, or the Constitution of the State of California.

Z. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the Caifornia pJpartment of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance.

In those sections, including, but not necessarily limited to sections refening to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to cortain sales, storagc, use, or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use, Or other consumption remain subject to ta:r by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or, 3 8

05/28/2024 Item No.15.
b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tor by the state under the said provision of that code.

In Sections 6701,6702 (except in the last sentence thereo|, 6711,6715,6737, 6797 or 6828 of the Revenue and Taxation Code.

B. The word,oCity" shall be substituted for the word'oState" in the phrase "retailer engaged in business in this State' in Section 6203 and in the definition of that phrase in Section 6203.

1. .oA retailer engaged in business in the Dishicf' shall also include any retailer that, in the preceding calendar year or the cun€nt calendar yoar, has total cornbined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposas of this section, a person is related to another person if both Persons are related to each other pursuant to Section 267b) of Title 26 of the United States Code and the regulations thercunder.

3.140.140 PermltNot Requlred.

If a seller's permit has been issued to a retailer under Soction 6067 of the Revenue and Taxation Codc, an additional fransactor's pormit shall not be required by this ordinanco.

3.140.150 Exemptions and Exclusions.

A. There shall be excluded from the measure of the fiansactions tax and the use tax the amounr of any sales tan or use ta,'c imposed by tho State of Cali{omia ?lly Ty city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law orthe amount of any state-administered transactions or use talt' B. There are exempted from the computation of the amount of hansactions tax the gross receipts from:
l. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside _the county in which the sale is made and directly and exclusively in the use of such aircraft as conrmon cagiers of persons or property under the authority of the laws of this State, the United States, or any foreign government'

2. Sales of propcrty to bc used outsids tho City, which is shipped to a point outside the City,-pursuant to the contrast of salc, by delivery to such point by thc rotailcr or his ug*t, or by dclivery by tho rotailsr to a carrier for shipment to a coneignee at suchloint. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:

4. 9

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a. With respect to vehicles (other than commorcial vehicles) subject to registration pursuant to Chapter I (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 2l4ll of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with section ?!+ol of the VJtricle.Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place ofresidence; and b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.
g. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the oporative datc of this ordinance.

4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance.

S. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract ir lease for any period of time for which any Party to the contract or lease has the unconditional right to terminate the contract or lea.se upon notice, whether or not such right is exercised.

C. There are exempted from the use tax imposed by this ordinance, the storage, use, or other consumption in this City of tangible personal property:
l. The gross receipts ftom the sale of which have been subject to a transactions tax undei any state-administered transactions and use tax ordinance.

Z, Other than fuel or petroleum products, purchased by operators of aircraft and used or consumcd by such operatois directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of pubtic convenience and necessity issued pursuant to the laws of this State, ttre United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1of the Revenue and Toration Code of the State of California.
3, If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 10

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4. If the possession of, or the exercise of any right or power ovcr, the tangiblc personal property arises under a lease which is a continuing purchase of such property ior any period of time for which the lessee is obligated to lease the property for an-amount fixed by a lease prior to the operative date of this ordinance'

5. For the pulposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible petsonal property shall be deemed not to be obligated pursuant to a contract br lease fbr any period of time for which any paxty to the contract or lease has the unconditionat right 19 terminate the contract or lease upon notice, whether or not such right is exercised

6. Except as provided in subparagraph (7)r a retailer engaged in business in the City shall not bl required to collect use tax from the purchaserof tangible personal property, unlesi the retailer ships or delivers the property into the,City or pariicipat"r within the City in making the sale of the property, including, but not lmited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.

7. ..A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing *ittt Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in c6mptance with Section 21,4L1of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9340) of the Vehicle Code. That retailer shall be required to collect use tax from any purrhaser who registers or licenses the vehicle, vessel, or aircraft at an address in thc citY.

D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions talt paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to thi person of the property the storage, use or othet consumption of which is subject to the use tax.

3.140.160 Amendments.

All arnendments subsequent to the effective date of this Act to Part I of Division 2 of the Revenue and Taxation Code relating to sales and use ta:res and which are not inconsistent with part 1.6 and part 1.7 of Division 2 of the Revenue and Taxation Code, and all affIendments to part 1.6 and part 1.7 of Division 2 of the Revenue and Ta:ration Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of talr imposed by this ordinance'
11

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3,140.170 EqfotningCollectionForbidden'
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action, or proceeding in any court against the State or the City, or against any officer of the State or the City, to pr"nJot or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any ta:r or any amount of ta:r required to be collecrcd'

3.140.180 AnnuallndependentAudlt'
The proceeds of the tax imposed by this Act, as well as ttre expcnditures from the Folsom Residents Supporting public Safety and Quality of Life Initiative Fund, shall be subject to the same independent arr-nual audit requirements as other revenues in the City of Folsom. An independent auditor's report may be funded by the revenues from the Fund and shall include an accounting of the revenues ,"r"io"d and expenditures made from the Fund and shall be presented annually to ttre city council by the Citizens' Oversight Committee and made available for public review. The report of such audit shall be posted on ihe city' website.

3.140.190 Citizens' Oversight Committee'
The City Council shall, by resolution adopted before the operative date of this Act, establish a nine-member CitizenJ' Oversight Committee to review the revenue and expenditure of funds from the Folsom Residents Supporting Public Safety and Quality of L1!e Initiative Fund, address the use of funds to assure ihe nrnds were expended consistent with the requirements of this chapter, and to make recommendations to the City Council for future exponditures. The *"nibrt* trt*s, qualifications, duties, and the scope of the Committee, shall be as established by resolution of the City Council and shall include representatives of the City Finance Department, the Police Department, the Firc Department, a representative from a recreational-sports organization *itt in the City of Folsom, a reprcsentative of a parks and trails organization *itnin tf;r City of Folsom,^a repGsentative focused on streets and environmental stonnwater, a representati* ftotn abusinesJ comrnunity organization within the city of Folsom, and two (2) at-large members who are residents of the City of Folsom. All meetings of the Committee shall be open to the public. The Committee shall prepare an annual report to be presented and reviewio uy tn" City Council at a city council meeting. The report shall be available to the Public.

SECTION 5. BFFECTTVE DATE.

This Act relating to the levying and collecting of the City transactions and use tax shall take effect ten (10) dayJ after the certification by the City Counsil of the election retums indicating passage of the Act by a majority of the voters casting votes in the election; however, the Operative Date of the tax imposed by this act shall !e the frst day of the first calendar dji, commencing more than one hundred ten (110) days after the adoption of this Act. 12

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SECTION 6. SEVERABILITY.

If any section, subsection, sentence, clause, phrase, or word of this Act is for any r€ason held to be invalid by a court of compotent jurisdiction, such decision shall not affect the vdidity of the rernaining ponions of this Act. fne voters of City of Folsom hereby declare they would have passed *f uAoptrd this Act and each and all provisions hereof irrespective of the fact that any one or more of said provisions be declared invalid' SECIION 7. LIBERAL CONSTRUCTION.

This measgre is an exerciso of the initiative power of the People of the City of Folsom to implement a special tax to fund the purposes set forth in the Act, and it shall bc liberally constnred to effectuate these purposes.

SECTION 8. CONT'LICTING MEASURES.

This measure is intended to be comprehensive. It is the intent of the People of the City of Folsom that, in the event this measure and one or more measures relating to a special tansaptions and use tax' shall appear on the same ballot, the provisions of the other measure or mcasulps shall bc dcemod in conflict with this measuro. In the event that this measut€ receives a greater number of affrrmativc vot€s, thc provisions of this measure shall prevail in their entirety, ina tff provisions of the other measure or measures sball be null and void. l3

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Attachment 3
CityAttomey Ballot Title and Summary

05/28/2024 Item No.15.
['bflflryffl$$ff'SDEPT

INITIATTVE MEASURE TO BE DIRECTLY SUBMITTED TO THE VOTERS The City Attomey has prepared the following title and summary of the chief purpose and points of the proposed ballot measure:

FOLSOM RESIDENTS PUBLIC SAFETY AI\D QUALITY OF LIFE MEASURE The Residents Supporting Public Safety and Quality of Life Committee has petitioned, tlrough a local citizens initiative, tlrat the 'oFolsom Residents Public Safety and Quality of Life Measure" be placed on the November 5,2024 ballot ("Measure"). The Measure asks voters to authorize the enaobnent of a new fansactions and use (sales) tax on the sale and/or use of all tangible personal property sold at retail stores in the City and on-line sellers, at the rate of one cent for every dollar spent (or one percent), on an ongoing basis.

The Measure proposes a "special sales tax," from which the revenue would remain in Folsom and be deposiied into a special City account separate from the general fund for the City to used only for the following specific pu{poses, and in their respective percentages of expenditure, authorized in the Measure:
l. Twenty percent QIW for "Polico and Crime Reduction" to maintain and improve police servicps and additional staffrng, and to provide equipment and facilities for Folsom Police. 2, Twenty percent (20%) for "Flre, Roccue, and Emergency Medical Services" to maintain and impiove fire, rescuc and emorgenoy medioal servioes, and to provide equipment and facilities for Folsom firefighters and paramedics.

3. Fifteen percent QSVA for "Parks, Recreation Facilities and Trails" to maintain and renovate existing parks, trails, and other recreation facilities, including sports facilities used jointly with the Folsom-Cordova Unified School District and provide for funding to complete identified incomplete parks and trails in Folsom.

4. Fifteen percent (15%) for "Traflic Mitigation and Environmental Water Quality'n to improve traffic congestion and safety, street maintenance, storm system repair and maintenanoe, and to maintain creek oorridor and water quality in Folsom.

5. Fifteen percent (15%) for "Community Enhancement and Economic Developmenf'to be used for inveshnents,job creation and projects to enhance quality oflife and long-term economic viability for the City, such as those consistent a City adopted master plan.

6. Fifteen percent (15o/o) for "Major Capital Improvement Projects" to help fund major improvemcnts to City infrastruoturE or facilities, including fansportation/traffic safety, stormwater systoms, parks and recreation facilitios, public safety facilitics, parking facilities, libraries and large capital equipment.

No proceeds from the special tax will be used to cnhance existing public employee retirement benifits, replace existing developer obligations, or substitute existing funding mechanisms.

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The Measure requires annual audits and appointnent by the City Council of a Citizens Oversight Committee to ensure that funds generated6y the special tal( are and will be used as specified in the Measure.

As a citizens initiative, the Measure would if passed by a simple mqioritY vote of the voters voting on the Measure, and the Code would be amended bY the enactment of an ordinance imposing sales tax.
(
By:

City Attomey
ofFolsom
Dated: Decernber 5, 2023

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AttachmerLt 4
Sacramento County Voter Regisfation and Elections Signature Verification Calculations and Certificate

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Signature Verification Calculations
County Measures Submitted to Voters
EC Div. 9, Ch.2, Art. 1 -- SS 9100-9190
Petition Title: City of Folsom Residents Public Safety and Quality of Life Measure Initiative Petition Calculations
Factor
A
Number of votes last cast for governor:

EC 9107
Total Signatures Submitted:

Signatures needed to qualify for election:
10olo threshold -- EC 9118
Number of signatures to verify:

Number of valid signatures:

Number of duplicate signatures:

SOS Signature Validation Formula
Formula
Total Signatures/signatures to verify = 4
A x (A - 1) = B Penalty value for duplicate
signatures
B x duplicate penalty value = C
Signatures submitted x (valid signatures in
sample/samPle size) = Y
V - C = Statiscally valid total
Statistical total as percent of total needed:

Measure Qualifies for Election
The random sample shall include 500 signatures or 3o/o of those submitted, whichever is greater. EC 9115(a)
50,7LL
8,298
5,07r
500
396

16.595
258.83
3 776.49
6,572
5,796
If the statistical sample is within 95olo to LIQo/o of the required number signatures, the elections official must verify ALL petition signatures. EC 9115(b)
B
c
V
rs Descri
A
B
c
V
Value of each signature
Penalty value for duplicate signature
Total value of all duplicate signatures
Adiusted number of valid siqnatures
5128 Folsom Public Safety Petition.xls
IL4,29o/o
s/9/2024Page 255
05/28/2024 Item No.15.

Voter Registration & Elections
Hang Nguyen
Director
Divisions
Admin istrative Servlces
Campaign Servlces
Precinct OPerations
Reglstratlon & Outreach
Vote bY Mall
Votlng Systems & TechnologY
8,298
500
396
104
3 o
County of Sacramento

SIGNATU RE VERIFICATION CERTIFICATE
I, Karalyn Fox, Election Manager of the County of Sacramento, State of California, hereby certiff:

REI City of Folsom Initiative Petltion, Folsom Residents Public Safety and Quality of Llfe Measure (VRE #5128)
The above petition was filed with this office on April 30,2024.

That said petition consists of 47L sections with 8,298 signatures.

Number of Unverified Signatures Filed by Proponent (raw count) Number of Signatures Checked
r Number of Slgnatures Found SUFFICIENT
r Number of Signatures Found INSUFFICIENT
o Number of Signatures Found INSUFFICIENT DUPLICATE
r Number of Signatures Withdrawn

IN WITNESS THEREOF,
I have hereunto set my hand and affixed my official seal on this 9th day of May 2024.

HANG NGUYEN
Director, Registrar of Voters, Sacramento County
Karalyn Electlons

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