09/22/2026 Item No.10.
City of Folsom - Community Facilities District No. 22A (Folsom Heights) July 20, 2026 Improvement Area 3 Page 5
“Other Taxable Property” means all other land uses of Taxable Property, for which a building permit for new construction can be issued. Other Taxable Property does not include Residential Property and Non-Residential Property land use categories.
“Outstanding Bonds” means all Bonds, which remain outstanding as defined in the Indenture pursuant to which such Bonds were issued.
“Pay As You Go Costs” means that portion of the Facilities Special Tax Requirement attributable to the direct payment for the acquisition and/or construction of public improvements, which are authorized to be financed by CFD No. 22A IA3.
“Permit Ready Multi-Family/Non-Residential Property” means an Assessor’s Parcel of Taxable Property zoned for multi-family or non-residential land use for which all discretionary entitlements have been obtained, including, without limitation, development plan review and improvement plan approval, such that building permits may be issued without further approvals for the construction of multi-family Residential Units or non-residential buildings within such Assessor’s Parcel. The City shall have sole discretion, based upon available development information, in classifying an Assessor’s Parcel as Permit Ready Multi-Family/Non-Residential Property. “Planned Development” means the planned number of Residential Lots, Permit Ready Multi- Family/Non-Residential Property Acreage planned within CFD No. 22A IA3, set forth in Attachment B or, following the Effective Tax Rate Evaluation, Attachment D of this Rate and Method of Apportionment, as amended by the future recordation of all Large Lot Maps and Small Lot Final Subdivision Maps within CFD No. 22A IA3.
“Price Point Study” means an analysis, prepared by an independent firm, to verify the estimated Average Sales Price within each land use category of Residential Property given the project location and current market conditions.
“Property Owner Association Property” means any property within the boundaries of CFD No. 22A IA3, which is (a) owned by a property owner association or (b) designated with specific boundaries and Acreage on a Small Lot Final Subdivision Map as property owner association property. As used in this definition, a property owner association includes any master or sub-association. “Proportionately” means for Taxable Property that the ratio of the Facilities Special Tax levy to the Maximum Facilities Special Tax (or Effective Tax Rate Evaluation Maximum Facilities Special Tax) and the Services Special Tax levy to the Maximum Services Special Tax is equal for all Assessors’ Parcels within each classification (Developed Property, Single Family Final Map Property, Permit Ready Multi- Family/Non-Residential Property, Large Lot Property, etc.) within CFD No. 22A IA3. “Public Property” means any property within the boundaries of CFD No. 22A IA3, which (a) is owned by a public agency, (b) has been irrevocably offered for dedication to a public agency, or (c) is designated with specific boundaries and Acreage on a Small Lot Final Subdivision Map as property, which will be owned by a public agency. For purposes of this definition, a public agency includes the federal government, the State of California, the County, the City, or any other public agency.
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“Residential Lot” means an individual lot of land for which a building permit could be issued to construct a Residential Unit.
“Residential Property” means, for each Fiscal Year, all Taxable Property for which a building permit could be issued for purposes of constructing Residential Units, including Single-Family Detached Property – SF/SFHD Zoning, Single-Family Detached Property – MLD Zoning Property. “Residential Unit” means a residential dwelling unit, including accessory dwelling units, as allowed by the City zoning code.
“Services Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of the Services Special Tax including, but not limited to, the following: the costs of computing the Services Special Taxes and preparing the annual Services Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Services Special Taxes (whether by the County, the City, or otherwise); the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Services Special Tax; and the costs of the City, CFD No. 22A IA3, or any designee thereof related to any appeal of the levy or application of the Services Special Tax. Services Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 22A IA3 for any other administrative purposes related to the Services Special Tax.
“Services Special Tax” means, prior to the Transition Event, the annual Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Services Special Tax Requirement.
“Services Special Tax Escalation Factor” means the maximum of two percent (2%) or the June annualized percentage change of the Consumer Price Index for all Urban Consumers, for the San Francisco-Oakland-Hayward area, not to exceed four percent (4%). “Services Special Tax Requirement” means the amount of Services Special Tax revenue required for CFD No. 22A IA3, before the Transition Year, to (i) pay Services Administrative Expenses in an amount designated by the City; (ii) pay Authorized Services expenses; (iii) pay any amounts required to establish or replenish any repair and contingency funds, capital improvement funds, or reserve funds related to the Authorized Services expenses; (iv) cover any shortfalls that exist if, in any Fiscal Year, the levy of the Facilities Special Tax on each Assessor’s Parcel of Taxable Property is insufficient to pay the Facilities Special Tax Requirement in that Fiscal Year. Facilities Special Tax Requirement shortfalls shall not include Pay As You Go Costs, and (v) pay for reasonably anticipated delinquent Services Special Taxes based on the delinquency rate for Services Special Taxes levied in the previous Fiscal Year; less (vi) a credit for funds available to reduce the annual Services Special Tax levy as determined by the CFD No. 22A IA3 Administrator.
“Single-Family Detached Property – MLD Zoning” means, for each Fiscal Year, all Taxable Property for which a building permit could be issued for purposes of constructing one or more detached or attached Residential Units with a permitted density range of 7-12 Residential Units per Acre and more fully described in the Folsom Plan Area Specific Plan adopted on June 28, 2011 and as amended by the City Council.
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“Single-Family Detached Property – SF Zoning” means, for each Fiscal Year, all Taxable Property for which a building permit could be issued for purposes of constructing one or more Residential Units.
Single-Family Detached Property – SF Zoning shall consist of single-family property with a permitted density range of 1-4 Residential Units per Acre, which is more fully described in the Folsom Plan Area Specific Plan adopted on June 28, 2011 and as amended by the City Council.
Single-Family Detached Property – SFHD Zoning” means, for each Fiscal Year, all Taxable Property for which a building permit could be issued for purposes of constructing one or more Residential Units.
Single-Family Detached Property – SFHD Zoning shall consist of single-family property with a permitted density range of 4-7 Residential Units per Acre, which is more fully described in the Folsom Plan Area Specific Plan adopted on June 28, 2011 and as amended by the City Council. “Special Tax” means, before the Transition Year, the annual Facilities Special Tax and Services Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Facilities Special Tax Requirement and the Services Special Tax Requirement; and, beginning in the Transition Year, the annual Transition Services Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Transition Services Special Tax Requirement. “Small Lot Final Map Property” means, for each Fiscal Year, all Taxable Property for which a Small Lot Final Subdivision Map was recorded prior to June 30 of the previous Fiscal Year. “Small Lot Final Map Remainder Property” means an Assessor’s Parcel that is created from the subdivision of Large Lot Property by the recordation of a Small Lot Final Subdivision Map that has not yet been mapped for final development approval. Small Lot Final Map Remainder Property is that portion of property for which the Small Lot Final Subdivision Map definition does not apply (i.e., does not contain individual lots for which building permits may be issued for Residential Units without further subdivision of such property). Each Fiscal Year, all Taxable Property classified as Small Lot Final Map Remainder Property, as of June 30 of the previous Fiscal Year, will be considered Large Lot Property.
“Small Lot Final Subdivision Map” means a subdivision of property created by recordation of a final subdivision map, parcel map or lot line adjustment, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual lots for which building permits may be issued for Residential Units without further subdivision of such property. “State” means the State of California.
“Taxable Property” means all of the Assessor’s Parcels within the boundaries of CFD No. 22A IA3 that are not exempt from the CFD No. 22A IA3 Special Tax pursuant to law or Section F below. “Total Effective Tax Rate” means the percentage of the Total Estimated Tax Burden as compared to the estimated average sales price identified in the Price Point Study for each land use category of Residential Property.
“Total Estimated Tax Burden” means the total amount of overlapping property taxes anticipated to be levied upon a Residential Unit, based upon the estimated Average Sales Price identified in the most
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recently completed Price Point Study and existing property tax rates for the current Fiscal Year.
Existing property tax rates shall reflect the actual property tax rates— excluding utility-related fees and charges and PACE loans— levied upon Taxable Property in the Fiscal Year that the Effective Tax Rate Evaluation is completed.
“Transition Event” means the earlier of (i) Fiscal Year 2086-2087 or (ii) the Fiscal Year when the CFD No. 22A IA3 Administrator determines that both of the following events have occurred (1) all Bonds secured by the levy and collection of the Facilities Special Tax in CFD No. 22A IA3 have been fully repaid and the City determines that no additional Bonds are to be issued, and (2) all Facilities Administrative Expenses have been paid or reimbursed to CFD No. 22A IA3. “Transition Services Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of the Transition Services Special Tax including, but not limited to, the following: the costs of computing the Transition Services Special Taxes and preparing the annual Transition Services Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Transition Services Special Taxes (whether by the County, the City, or otherwise); the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Transition Services Special Tax; and the costs of the City, CFD No. 22A IA3, or any designee thereof related to any appeal of the levy or application of the Transition Services Special Tax. Transition Services Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 22A IA3 for any other administrative purposes related to the Transition Services Special Tax.
“Transition Services Special Tax” means, after the Transition Event, the annual Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Transition Services Special Tax Requirement.
“Transition Services Special Tax Escalation Factor” means the maximum of two percent (2%) or the June annualized percentage change of the Consumer Price Index for all Urban Consumers, for the San Francisco-Oakland-Hayward area, not to exceed four percent (4%). “Transition Services Special Tax Rate” means, calculated in the Transition Year, the amount equal to the prior Fiscal Year’s Maximum Services Special Tax Rate plus fifty percent (50%) of the prior Fiscal Year’s Maximum Facilities Special Tax Rate. The Transition Services Special Tax Escalation Factor shall be applied beginning in the Transition Year. Following the Transition Year, the Transition Services Special Tax Rate shall be equal to the prior Fiscal Year’s Transition Services Special Tax Rate, increased by the Transition Services Special Tax Escalation Factor. “Transition Services Special Tax Requirement” means the amount of Transition Services Special Tax revenue required for CFD No. 22A IA3, beginning in the Transition Year, to (i) pay Transition Services Administrative Expenses in an amount designated by the City; (ii) pay Authorized Services expenses; (iii) pay any amounts required to establish or replenish any repair, replacement and contingency funds, capital improvement funds, or reserve funds related to the Authorized Services expenses; (iv) pay for reasonably anticipated delinquent Transition Services Special Taxes based on the delinquency rate for Transition Services Special Taxes levied in the previous Fiscal Year; less (v) a credit for funds
09/22/2026 Item No.10.
City of Folsom - Community Facilities District No. 22A (Folsom Heights) July 20, 2026 Improvement Area 3 Page 9
available to reduce the annual Transition Services Special Tax levy as determined by the CFD No. 22A IA3 Administrator.
“Transition Year” means the first year in which the CFD No. 22A IA3 Administrator determines that the Transition Event occurred in the prior Fiscal Year. “Trustee” means the entity appointed pursuant to an Indenture to act as the trustee, fiscal agent, or paying agent or a combination thereof.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Small Lot Final Map Property, Permit Ready Multi-Family/Non-Residential Property, or Large Lot Property.
“Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 22A IA3 that (a) have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code indicated in the Assessor’s Data finalized as of January 1 of the previous Fiscal Year, and (b) are exempt from the Special Tax pursuant to Section 53340(c) of the Act.
Pursuant to Section 53340(c) of the Act, after the issuance of the first series of Bonds, as applicable, any Assessor’s Parcels that receives a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code shall not be classified as Welfare Exempt Property and will be subject to the Facilities Special Tax.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, using City and County records, City zoning information, and land use development plans, all Assessor’s Parcels within the boundaries of CFD No. 22A IA3 shall be designated as either Taxable Property or Exempt Property.
All Taxable Property shall be further classified as Developed Property, Small Lot Final Map Property, Permit Ready Multi-Family/Non-Residential Property, Large Lot Property, or Undeveloped Property and shall be subject to the levy of the annual Special Tax determined pursuant to Sections C and D below.
09/22/2026 Item No.10.
City of Folsom - Community Facilities District No. 22A (Folsom Heights) July 20, 2026 Improvement Area 3 Page 10
C. FACILITIES SPECIAL TAX
Prior to the Transition Year, a Maximum Facilities Special Tax shall be assigned to all Taxable Property within CFD No. 22A IA3 according to the Maximum Facilities Special Tax Rates set forth in Attachment A of this Rate and Method of Apportionment.
Once assigned, the sum of the total Maximum Facilities Special Tax shall be equal to or greater than the Minimum Facilities Revenue, unless adjusted by an Effective Tax Rate Evaluation as described below. The Minimum Facilities Revenue for Fiscal Year 2027-2028 is set forth in Attachment B of this Rate and Method of Apportionment.
C.1. Increase in the Maximum Facilities Special Tax
On each July 1, commencing on July 1, 2028, the Maximum Facilities Special Tax Rates and Minimum Facilities Revenue in effect for the previous Fiscal Year shall be increased by the Facilities Special Tax Escalation Factor.
C.2. Future Assessor’s Parcel Changes – Prior to an Effective Tax Rate Evaluation The Maximum Facilities Special Tax shall be assigned to all future Assessor’s Parcel(s) created from a subdivision, lot line adjustment, or merger of one or more Assessor’s Parcels so that the revised sum of the total Maximum Facilities Special Tax revenue is not less than the Minimum Facilities Revenue set forth in Attachment B of this Rate and Method of Apportionment.
Undeveloped Property Subdividing into Large Lot Property When Undeveloped Property subdivides into Large Lot Property, the Maximum Facilities Special Tax shall be calculated for all Taxable Property as if all of the Taxable Property was classified as Developed Property. The expected Developed Property Maximum Facilities Special Tax for any Large Lot Property and any remaining Undeveloped Property shall be based upon the Planned Development for the Large Lot Property and remaining Undeveloped Property.
If the sum of the total expected Developed Property Maximum Facilities Special Tax generated by all of the Taxable Property is greater than or equal to the Minimum Facilities Revenue, there will be no further adjustments to the Developed Property, Small Lot Final Map Property and Permit Ready Multi-Family/Non-Residential Property Maximum Facilities Special Tax Rates for the Large Lot Property created from the Undeveloped Property subdivision.
If the sum of the total expected Developed Property Maximum Facilities Special Tax is less than the Minimum Facilities Revenue, the Developed Property, Small Lot Final Map Property and Permit Ready Multi-Family/Non-Residential Property Maximum Facilities Special Tax Rates shall be uniformly increased on the Large Lot Property created from the Undeveloped Property subdivision until the sum of the total expected Developed Property Maximum Facilities Special Tax is equal to the Minimum Facilities Revenue. Further, if the sum of the total current Maximum Facilities Special Tax is less than the Minimum Facilities Revenue, the Maximum Facilities Special Tax Rates for the Large Lot Property and any remaining Undeveloped Property created from the Undeveloped Property subdivision shall be uniformly increased until the sum of the total current Maximum Facilities Special Tax is equal to the Minimum Facilities Revenue. Attachment B of this
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Rate and Method of Apportionment shall be updated to reflect any increases to the Maximum Facilities Special Tax Rates from the Undeveloped Property subdivision. The Developed Property, Small Lot Final Map Property and Permit Ready Multi-Family/Non-Residential Property Maximum Facilities Special Tax Rates shall not be adjusted for any Taxable Property already classified as Developed Property, Small Lot Final Map Property or Permit Ready Multi- Family/Non-Residential Property.
Large Lot Property Subdividing into Small Lot Final Map Property and/or Permit Ready Multi- Family/Non-Residential Property
When Large Lot Property subdivides into Small Lot Final Map Property and/or Permit Ready Multi-Family/Non-Residential Property, the Maximum Facilities Special Tax shall be calculated for all Taxable Property as if all of the Taxable Property was classified as Developed Property. If the Large Lot Property subdivision also creates Small Lot Final Map Remainder Property, the expected Developed Property Maximum Facilities Special Tax for the Small Lot Final Map Remainder Property shall be based upon the Planned Development for the Small Lot Final Map Remainder Property. The expected Developed Property Maximum Facilities Special Tax for any remaining Large Lot Property and Undeveloped Property shall be based upon the Planned Development of the Large Lot Property and the Undeveloped Property.
If the sum of the total expected Developed Property Maximum Facilities Special Tax is greater than or equal to the Minimum Facilities Revenue, there will be no further adjustments to the Developed Property, Small Lot Final Map Property and Permit Ready Multi-Family/Non- Residential Property Maximum Facilities Special Tax Rates for the Small Lot Final Map Property, Small Lot Final Map Remainder Property and Permit Ready Multi-Family/Non-Residential Property created from the Large Lot Property subdivision.
If the sum of the total expected Developed Property Maximum Facilities Special Tax is less than the Minimum Facilities Revenue, and such difference is not eliminated by the partial prepayment of the Effective Tax Rate Evaluation Maximum Facilities Special Tax pursuant to Section L, the Developed Property, Small Lot Final Map Property and Permit Ready Multi-Family/Non- Residential Property Maximum Facilities Special Tax Rates shall be Proportionately increased, on the Small Lot Final Map Property, Small Lot Final Map Remainder Property and Permit Ready Multi-Family/Non-Residential Property created from the Large Lot Property subdivision, until the sum of the total expected Developed Property Maximum Facilities Special Tax is equal to the Minimum Facilities Revenue. Attachment B of this Rate and Method of Apportionment shall be updated to reflect any increases to the Maximum Facilities Special Tax Rates from the Large Lot Property subdivision. The Developed Property, Small Lot Final Map Property and Permit Ready Multi-Family/Non-Residential Property Maximum Facilities Special Tax Rates shall not be adjusted for any Taxable Property already classified as Developed Property, Small Lot Final Map Property or Permit Ready Multi-Family/Non-Residential Property created prior to the Large Lot Property subdivision.
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C.3. Effective Tax Rate Evaluation
Prior to the issuance of the first series of Bonds within CFD No. 22A IA3 an Effective Tax Rate Evaluation will be completed. Following the Effective Tax Rate Evaluation, Attachment C of this Rate and Method of Apportionment will be updated to reflect the Effective Tax Rate Evaluation Maximum Facilities Special Tax Rate for all Taxable Property in CFD No. 22A IA3.
Additionally, prior to the issuance of the first series of Bonds, the Developer may, one time, at their discretion, further reduce the Maximum Facilities Special Tax Rate for any or all Taxable Property in CFD No. 22A IA3 to an amount less than the rates produced in the Effective Tax Rate Evaluation. If reduced, the reduction will be applied uniformly by land use category.
Effective Tax Rate Evaluation Maximum Facilities Special Tax Rates As part of the Effective Tax Rate Evaluation, a Price Point Study will be prepared and an estimated Average Sales Price will be established for each Residential Property land use category. Using the estimated Average Sales Price information determined in the Price Point Study, the Total Estimated Tax Burden and Total Effective Tax Rate will be calculated, using the Developed Property Maximum Facilities Special Tax Rates set forth in Attachment A, for each Residential Property land use category. If the calculated Total Effective Tax Rate is less than or equal to the Total Maximum Effective Tax Rate for a Residential Property land use category, the Maximum Facilities Special Tax Rate shall not be adjusted and will be assigned using the Developed Property Maximum Facilities Special Tax Rates set forth in Attachment A. Attachment C of this Rate and Method of Apportionment will be updated to set forth the Developed Property Effective Tax Rate Evaluation Maximum Facilities Special Tax Rate for each Residential Property land use category.
If the Total Effective Tax Rate for any Residential Property land use category exceeds the Total Maximum Effective Tax Rate, the Developed Property Maximum Facilities Special Tax Rate set forth in Attachment A shall be reduced until the Total Effective Tax Rate is less than or equal to the Total Maximum Effective Tax Rate for that Residential Property land use category.
Attachment C of this Rate and Method of Apportionment will be updated to set forth the Developed Property Effective Tax Rate Evaluation Maximum Facilities Special Tax Rate for each Residential Property land use category.
Effective Tax Rate Evaluation Minimum Facilities Revenue As a result of the Effective Tax Rate Evaluation, if the calculated Total Effective Tax Rate is less than or equal to the Total Maximum Effective Tax Rate for a Residential Property land use category used in the Minimum Facilities Revenue calculation, the Developed Property Maximum Facilities Special Tax Rate for the applicable Residential Property land use category shall not be adjusted and the Effective Tax Rate Evaluation Developed Property Maximum Facilities Special Tax Rate will be assigned using the Developed Property Maximum Facilities Special Tax Rates set forth in Attachment B. Attachment D of this Rate and Method of Apportionment will be updated to set forth the Developed Property Effective Tax Rate Evaluation Maximum Facilities Special Tax Rate for each Residential Property land use category and the Effective Tax Rate Evaluation Minimum Facilities Revenue.
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If the calculated Total Effective Tax Rate exceeds the Total Maximum Effective Tax Rate for a Residential Property land use category used in the Minimum Facilities Revenue calculation, the Effective Tax Rate Evaluation Developed Property Maximum Facilities Special Tax Rate will be assigned using the Developed Property Effective Tax Rate Evaluation Maximum Facilities Special Tax Rates set forth in Attachment C. Attachment D of this Rate and Method of Apportionment will be updated to set forth the Developed Property Effective Tax Rate Evaluation Maximum Facilities Special Tax Rate for each Residential Property land use category and the Effective Tax Rate Evaluation Minimum Facilities Revenue.
C.4. Future Assessor’s Parcel Changes – After an Effective Tax Rate Evaluation The Effective Tax Rate Evaluation Maximum Facilities Special Tax shall be assigned to all future Assessor’s Parcel(s) created from a subdivision, lot line adjustment, or merger of one or more Assessor’s Parcels so that the revised sum of the total Effective Tax Rate Evaluation Maximum Facilities Special Tax revenue is not less than the total Effective Tax Rate Evaluation Minimum Facilities Revenue set forth in Attachment D of this Rate and Method of Apportionment.
Undeveloped Property Subdividing into Large Lot Property When Undeveloped Property subdivides into Large Lot Property, the Effective Tax Rate Evaluation Maximum Facilities Special Tax shall be calculated for all Taxable Property as if all of the Taxable Property was classified as Developed Property. The expected Developed Property Effective Tax Rate Evaluation Maximum Facilities Special Tax for any Large Lot Property and any remaining Undeveloped Property shall be based upon the Planned Development for the Large Lot Property and remaining Undeveloped Property.
If the sum of the total expected Developed Property Effective Tax Rate Evaluation Maximum Facilities Special Tax generated by all of the Taxable Property is greater than or equal to the Effective Tax Rate Evaluation Minimum Facilities Revenue, there will be no further adjustments to the Developed Property, Small Lot Final Map Property and Permit Ready Multi-Family/Non- Residential Property Effective Tax Rate Evaluation Maximum Facilities Special Tax Rates for the Large Lot Property created from the Undeveloped Property subdivision.
If the sum of the total expected Developed Property Effective Tax Rate Evaluation Maximum Facilities Special Tax is less than the Effective Tax Rate Evaluation Minimum Facilities Revenue, the Developed Property, Small Lot Final Map Property and Permit Ready Multi-Family/Non- Residential Property Effective Tax Rate Evaluation Maximum Facilities Special Tax Rates shall be uniformly increased, on the Large Lot Property created from the Undeveloped Property subdivision, until the sum of the total expected Developed Property Effective Tax Rate Evaluation Maximum Facilities Special Tax is equal to the Effective Tax Rate Evaluation Minimum Facilities Revenue. Further, if the sum of the total current Effective Tax Rate Evaluation Maximum Facilities Special Tax is less than the Effective Tax Rate Evaluation Minimum Facilities Revenue, the Effective Tax Rate Evaluation Maximum Facilities Special Tax Rates for the Large Lot Property and any remaining Undeveloped Property created from the Undeveloped Property subdivision shall be uniformly increased until the sum of the total current Effective Tax Rate Evaluation Maximum
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Facilities Special Tax is equal to the Effective Tax Rate Evaluation Minimum Facilities Revenue.
Attachment D of this Rate and Method of Apportionment shall be updated to reflect any increases to the Effective Tax Rate Evaluation Maximum Facilities Special Tax Rates from the Undeveloped Property subdivision. The Developed Property, Small Lot Final Map Property and Permit Ready Multi-Family/Non-Residential Property Effective Tax Rate Evaluation Maximum Facilities Special Tax Rates shall not be adjusted for any Taxable Property already classified as Developed Property, Small Lot Final Map Property or Permit Ready Multi-Family/Non-Residential Property.
Large Lot Property Subdividing into Small Lot Final Map Property and Permit Ready Multi- Family/Non-Residential Property
When Large Lot Property subdivides into Small Lot Final Map Property or Permit Ready Multi- Family/Non-Residential Property, the Effective Tax Rate Evaluation Maximum Facilities Special Tax shall be calculated for all Taxable Property as if all of the Taxable Property was classified as Developed Property. If the Large Lot Property subdivision also creates Small Lot Final Map Remainder Property, the expected Developed Property Effective Tax Rate Evaluation Maximum Facilities Special Tax for the Small Lot Final Map Remainder Property shall be based upon the Planned Development for the Small Lot Final Map Remainder Property. The expected Developed Property Effective Tax Rate Evaluation Maximum Facilities Special Tax for any remaining Large Lot Property and Undeveloped Property shall be based upon the Planned Development of the Large Lot Property and the Undeveloped Property.
If the sum of the total expected Developed Property Effective Tax Rate Evaluation Maximum Facilities Special Tax is greater than or equal to the Effective Tax Rate Evaluation Minimum Facilities Revenue, there will be no further adjustments to the Developed Property, Small Lot Final Map Property and Permit Ready Multi-Family/Non-Residential Property Effective Tax Rate Evaluation Maximum Facilities Special Tax Rates for the Small Lot Final Map Property, Small Lot Final Map Remainder Property and Permit Ready Multi-Family/Non-Residential Property created from the Large Lot Property subdivision.
If the sum of the total expected Developed Property Effective Tax Rate Evaluation Maximum Facilities Special Tax is less than the Effective Tax Rate Evaluation Minimum Facilities Revenue, and such difference is not eliminated by the partial prepayment of the Effective Tax Rate Evaluation Maximum Facilities Special Tax pursuant to Section L, the Developed Property, Small Lot Final Map Property and Permit Ready Multi-Family/Non-Residential Property Effective Tax Rate Evaluation Maximum Facilities Special Tax Rates shall be Proportionately increased, on the Small Lot Final Map Property, Small Lot Final Map Remainder Property and Permit Ready Multi- Family/Non-Residential Property created from the Large Lot Property subdivision, until the sum of the total expected Developed Property Effective Tax Rate Evaluation Maximum Facilities Special Tax is equal to the Effective Tax Rate Evaluation Minimum Facilities Revenue. Attachment D of this Rate and Method of Apportionment shall be updated to reflect any increases to the Effective Tax Rate Evaluation Maximum Facilities Special Tax Rates from the Large Lot Property subdivision. The Developed Property, Small Lot Final Map Property and Permit Ready Multi-
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Family/Non-Residential Property Effective Tax Rate Evaluation Maximum Facilities Special Tax Rates shall not be adjusted for any Taxable Property already classified as Developed Property, Small Lot Final Map Property or Permit Ready Multi-Family/Non-Residential Property created prior to the Large Lot Property subdivision.
C.5. Method of Apportionment of Facilities Special Tax
Using the definitions and procedures described herein, the CFD No. 22A IA3 Administrator shall determine the Facilities Special Tax Requirement and levy the Facilities Special Tax until the amount of Facilities Special Taxes equals the Facilities Special Tax Requirement. The Facilities Special Tax shall be levied each Fiscal Year until the Transition Year as follows:
Prior to an Effective Tax Rate Evaluation
First: The Facilities Special Tax shall be levied Proportionately on all Developed Property at a rate up to 100% of the Maximum Facilities Special Tax for Developed Property in order to satisfy the Facilities Special Tax Requirement.
Second: If additional monies are needed to satisfy the Facilities Special Tax Requirement (excluding Pay As You Go Costs) after the first step has been completed, the Facilities Special Tax shall be levied Proportionately on all Small Lot Final Map Property at a rate up to 100% of the Maximum Facilities Special Tax for Small Lot Final Map Property.
Third: If additional monies are needed to satisfy the Facilities Special Tax Requirement (excluding Pay As You Go Costs) after the first two steps have been completed, the Facilities Special Tax shall be levied Proportionately on all Permit Ready Multi-Family/Non-Residential Property at a rate up to 100% of the Maximum Facilities Special Tax for Permit Ready Multi-Family/Non- Residential Property.
Fourth: If additional monies are needed to satisfy the Facilities Special Tax Requirement (excluding Pay As You Go Costs) after the first three steps have been completed, the Facilities Special Tax shall be levied Proportionately on all Large Lot Property at a rate up to 100% of the Maximum Facilities Special Tax for Large Lot Property.
Fifth: If additional monies are needed to satisfy the Facilities Special Tax Requirement (excluding Pay As You Go Costs) after the first four steps have been completed, the Facilities Special Tax shall be levied Proportionately on all Undeveloped Property at a rate up to 100% of the Maximum Facilities Special Tax for Undeveloped Property.
After an Effective Tax Rate Evaluation
First: The Facilities Special Tax shall be levied Proportionately on all Developed Property at a rate up to 100% of the Effective Tax Rate Evaluation Maximum Facilities Special Tax for Developed Property in order to satisfy the Facilities Special Tax Requirement.
Second: If additional monies are needed to satisfy the Facilities Special Tax Requirement (excluding Pay As You Go Costs) after the first step has been completed, the Facilities Special Tax
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shall be levied Proportionately on all Small Lot Final Map Property at a rate up to 100% of the Effective Tax Rate Evaluation Maximum Facilities Special Tax for Small Lot Final Map Property.
Third: If additional monies are needed to satisfy the Facilities Special Tax Requirement (excluding Pay As You Go Costs) after the first two steps have been completed, the Facilities Special Tax shall be levied Proportionately on all Permit Ready Multi-Family/Non-Residential Property at a rate up to 100% of the Effective Tax Rate Evaluation Maximum Facilities Special Tax for Permit Ready Multi-Family/Non-Residential Property.
Fourth: If additional monies are needed to satisfy the Facilities Special Tax Requirement (excluding Pay As You Go Costs) after the first three steps have been completed, the Facilities Special Tax shall be levied Proportionately on all Large Lot Property at a rate up to 100% of the Effective Tax Rate Evaluation Maximum Facilities Special Tax for Large Lot Property.
Fifth: If additional monies are needed to satisfy the Facilities Special Tax Requirement (excluding Pay As You Go Costs) after the first four steps have been completed, the Facilities Special Tax shall be levied Proportionately on all Undeveloped Property at a rate up to 100% of the Effective Tax Rate Evaluation Maximum Facilities Special Tax for Undeveloped Property.
D. SERVICES SPECIAL TAX
A Services Special Tax shall be assigned to all Taxable Property within CFD No. 22A IA3 according to the Maximum Services Special Tax Rates set forth in Attachment A of this Rate and Method of Apportionment.
D.1. Prior to the Transition Event - Increase in the Maximum Services Special Tax Prior to the Transition Event, on each July 1, commencing on July 1, 2027, the Maximum Services Special Tax Rates in effect for the previous Fiscal Year shall be increased by the Services Special Tax Escalation Factor.
D.2. Prior to the Transition Event - Method of Apportionment of Services Special Tax If, in any Fiscal Year prior to the Transition Year, the Facilities Special Tax is levied against each Assessor’s Parcel of Taxable Property within CFD No. 22A IA3 and the Facilities Special Tax revenues generated are insufficient to pay the Facilities Special Tax Requirement, such shortfall shall be deemed a component of the Services Special Tax Requirement in that Fiscal Year, and proceeds from the levy of the Services Special Tax shall first be applied to mitigate the shortfall in the Facilities Special Tax Requirement before being used to pay for Authorized Services. The Services Special Tax revenue shall not be applied to any Facilities Special Tax Requirement shortfalls attributable to Pay As You Go Costs authorized to be financed by CFD No. 22A IA3.
Using the definitions and procedures described herein, the CFD No. 22A IA3 Administrator shall determine the Services Special Tax Requirement and levy the Services Special Tax until the amount of Services Special Tax equals the Services Special Tax Requirement. The Services Special Tax shall be levied each Fiscal Year as follows:
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First: The Services Special Tax shall be levied Proportionately on all Developed Property at a rate up to 100% of the Maximum Services Special Tax for Developed Property in order to satisfy the Services Special Tax Requirement.
Second: If additional monies are needed to satisfy the Services Special Tax Requirement after the first step has been completed, the Services Special Tax shall be levied Proportionately on all Small Lot Final Map Property at a rate up to 100% of the Maximum Services Special Tax for Small Lot Final Map Property in order to satisfy the Services Special Tax Requirement.
Third: If additional monies are needed to satisfy the Services Special Tax Requirement after the second step has been completed, the Services Special Tax shall be levied Proportionately on all Permit-Ready Multi-Family/Non-Residential Property, Large Lot Property, and Undeveloped Property at a rate up to 100% of the Maximum Services Special Tax for Permit-Ready Multi- Family/Non-Residential Property, Large Lot Property, and Undeveloped Property in order to satisfy the Services Special Tax Requirement.
E. TRANSITION SERVICES SPECIAL TAX
A Transition Services Special Tax shall be assigned to all Taxable Property within CFD No. 22A IA3 according to the Maximum Transition Services Special Tax Rates set forth in Attachment A of this Rate and Method of Apportionment.
E.1. After the Transition Event – Method of Apportionment of Transition Services Special Tax Using the definitions and procedures described herein, the CFD No. 22A IA3 Administrator shall determine the Transition Services Special Tax Requirement and levy the Transition Services Special Tax until the amount of Transition Services Special Tax equals the Transition Services Special Tax Requirement. The Transition Services Special Tax shall be levied each Fiscal Year as follows:
First: The Transition Services Special Tax shall be levied Proportionately on all Developed Property at a rate up to 100% of the Maximum Transition Services Special Tax for Developed Property in order to satisfy the Transition Services Special Tax Requirement.
Second: If additional monies are needed to satisfy the Transition Services Special Tax Requirement after the first step has been completed, the Transition Services Special Tax shall be levied Proportionately on all Small Lot Final Map Property at a rate up to 100% of the Maximum Transition Services Special Tax for Small Lot Final Map Property in order to satisfy the Transition Services Special Tax Requirement.
F. DELINQUENCIES
Notwithstanding the above, under no circumstances will the CFD No. 22A IA3 Facilities Special Tax levied against any Assessor’s Parcel of Developed Property classified as Residential Property, in any Fiscal Year, be increased as a consequence of the delinquency or default in the payment of the CFD No. 22A IA3 Facilities Special Taxes by the owner or owners of any other Taxable Property by more than ten percent (10%) above the amount that would have been levied against such Assessor’s Parcel in such Fiscal Year had there been no delinquencies or defaults.
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G. EXEMPTIONS
The CFD No. 22A IA3 Administrator shall classify the following as Exempt Property: Public Property, Property Owner Association Property, Open Space Property, and Assessor’s Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement.
The Maximum Facilities Special Tax obligation or, if applicable, the Effective Tax Rate Evaluation Maximum Facilities Special Tax obligation for Taxable Property which will be transferred or dedicated to a public agency and will be classified as Public Property may be fully prepaid by the seller, pursuant to Section L, prior to the transfer/dedication of such Taxable Property. Until the Maximum Facilities Special Tax obligation or, if applicable, the Effective Tax Rate Evaluation Maximum Facilities Special Tax obligation for any such Taxable Property is prepaid, the Taxable Property shall continue to be subject to the levy of the Facilities Special Tax. An exception to this may be made if an Assessor’s Parcel of Public Property, such as a school site, is relocated to an Assessor’s Parcel of Taxable Property, in which case the Assessor’s Parcel of previously Public Property becomes Taxable Property and the Assessor’s Parcel of previously Taxable Property becomes Public Property. This trading of an Assessor’s Parcel from Taxable Property to Public Property will be permitted to the extent there is no loss in Maximum Facilities Special Tax revenue or, if applicable, Effective Tax Rate Evaluation Maximum Facilities Special Tax revenue, and the transfer is agreed to by the owners of all Assessor’s Parcels involved in the transfer and the City Council.
If the use of an Assessor’s Parcel changes so that such Assessor’s Parcel is no longer eligible to be classified as one of the uses set forth in paragraph 1 of Section G. above that would make such Assessor’s Parcel eligible to continue to be classified as Exempt Property, such Assessor’s Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property and subject to the Special Tax.
No Special Tax shall be levied on any Assessor’s Parcel in any Fiscal Year in which such Assessor’s Parcel is classified as Welfare Exempt Property; however, pursuant to Section 53340(c) of the Act, after the issuance of the first series of Bonds, as applicable, any Assessor’s Parcel that receives a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code shall not be classified as Welfare Exempt Property and will be subject to the Facilities Special Tax.
H. TRANSFERS
Prior to the issuance of the first series of Bonds within CFD No. 22A IA3, the City may permit the transfer of Maximum Facilities Special Tax or Effective Tax Rate Evaluation Maximum Facilities Special Tax from one Assessor’s Parcel to another Assessor’s Parcel. Before recordation of a Small Lot Final Subdivision Map, if a subdivision map is required, the City may permit a transfer if the number of planned Residential Units, Multi-Family Attached Property Acreage, or Non-Residential Property Acreage is transferred from one Assessor’s Parcel(s) to another Assessor’s Parcel(s) in any portion of Large Lot Property. The City may, in its sole discretion, allow for a transfer of the Maximum Facilities Special Tax or Effective Tax Rate Evaluation Maximum Facilities Special Tax from one Assessor’s Parcel to another Assessor’s Parcel provided such a transfer shall be allowed only if (1) all adjustments are
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agreed to in writing by the affected property owners and the City’s Finance Director, and (2) there is no reduction in the sum of the total Maximum Facilities Special Tax or sum of the total Effective Tax Rate Evaluation Maximum Facilities Special Tax as a result of the transfer. Should a transfer result in an amendment to Attachment B or, following an Effective Tax Rate Evaluation, Attachment D of this Rate and Method of Apportionment, the requesting property owner shall bear the costs to affect the transfer in the CFD No. 22A IA3 records and prepare the required amendments to Attachment B or, following an Effective Tax Rate Evaluation, Attachment D of this Rate and Method of Apportionment.
I. INTERPRETATIONS
The City reserves the right to make minor administrative and technical changes to this document that do not materially affect the Rate and Method of Apportionment. In addition, the interpretation and application of any section of this document shall be at the City’s discretion. Interpretations may be made by the City by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.
J. REVIEW/APPEALS
The CFD No. 22A IA3 Administrator may establish such procedures, as it deems necessary to undertake the review of any such appeal. The CFD No. 22A IA3 Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any property owner appeals, as herein specified.
Any property owner may file a written appeal of the Special Tax with the CFD No. 22A IA3 Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Taxes that are disputed, and the appellant must be current in all payments of Special Taxes. In addition, during the term of the appeal process, all Special Taxes levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Taxes are in error. The CFD No. 22A IA3 Administrator shall review the appeal, meet with the appellant if the CFD No. 22A IA3 Administrator deems necessary, and advise the appellant of its determination.
If the property owner disagrees with the CFD No. 22A IA3 Administrator’s decision relative to the appeal, the owner may file a written notice with the City Manager of the City appealing the amount of the Special Tax levied on such Assessor’s Parcel. If following such consultation and action (if any by the City Manager of the City), the property owner believes such error still exists, such person may file a written notice with the City Council appealing the amount of the Special Tax levied on such Assessor’s Parcel. The decision of the City shall be final and binding to all persons. If the decision of the CFD No. 22A IA3 Administrator or subsequent decision by the City Manager of the City or City Council requires the Special Taxes to be modified or changed in favor of the property owner, no cash refund shall be made for prior years’ Special Taxes, but an adjustment shall be made to credit future Special Taxes. This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.
K. MANNER OF COLLECTION
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The annual Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 22A IA3, may, at the sole discretion of the City, directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner as necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on Assessor’s Parcels of Taxable Property that are delinquent in the payment of Special Taxes.
L. PREPAYMENT IN PART OF FACILITIES SPECIAL TAX
The Facilities Special Tax obligation of an Assessor’s Parcel of Taxable Property may be partially prepaid as described herein; provided that there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of partial prepayment. An owner of an Assessor’s Parcel intending to partially prepay the Facilities Special Tax obligation shall provide the CFD No. 22A IA3 Administrator with written notice of intent to partially prepay. Within 30 days of receipt of such written notice, the CFD No. 22A IA3 Administrator shall notify such owner of the partial prepayment amount of such Assessor’s Parcel. Any partial prepayment must be submitted at least 60 days before the next occurring bond redemption date, and the proceeds of such prepayment shall be provided to the Trustee for application toward bond redemption in accordance with the Indenture. The CFD No. 22A IA3 Administrator may charge a fee for providing this service.
L.1. Partial Prepayment Amount
The Facilities Special Tax may be prepaid in an amount determined at the time of prepayment based on the portion of Bonds then outstanding; provided, however, that no partial prepayment shall be accepted in an amount equal to an annual Special Tax amount less than the annual Transition Services Special Tax rate escalated to the then current fiscal year less the then current Services Special Tax rate.
The “Partial Prepayment Amount” is calculated as follows:
Step 1: Determine the current Fiscal Year Maximum Facilities Special Tax for the Assessor’s Parcel based on the assignment of the Maximum Facilities Special Tax described in Section C above. If an Effective Tax Rate Evaluation has occurred, determine the current Fiscal Year Effective Tax Rate Evaluation Maximum Facilities Special Tax for the Assessor’s Parcel based on the assignment of the Effective Tax Rate Evaluation Maximum Facilities Special Tax described in Section C above.
If the Assessor’s Parcel is not already classified as Developed Property, the Maximum Facilities Special Tax (or Effective Tax Rate Evaluation Maximum Facilities Special Tax) shall be assigned as though the Assessor’s Parcel was already designated as Developed Property.
Step 2: Calculate the annual revenue produced, by annually applying the Facilities Special Tax Escalation Factor, from the Maximum Facilities Special Tax (or Effective Tax Rate Evaluation Maximum Facilities Special Tax) from the date of prepayment through the earlier of the end of the Facilities Special Tax Term or the Transition Event, except that this final date may be amended by the City no later than the time of the calculation of the prepayment. If the final date used in the prepayment calculation is amended by the City, this amended final date shall apply to any and all prepayment calculations from that point forward.
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Step 3: Calculate the present value of the Assessor’s Parcel’s annual Maximum Facilities Special Tax (or Effective Tax Rate Evaluation Maximum Facilities Special Tax) revenue stream determined in Step 2. The present value shall be calculated using a discount rate that earns a rate of interest that, when the prepayment is invested in City permitted and available investments, would produce annual revenues equal to the amounts calculated in Step 2.
If there are Outstanding Bonds at the time of the Partial Prepayment Amount calculation, the Partial Prepayment Amount shall be first allocated to the Redemption Amount. If the Partial Prepayment Amount is insufficient to fund the Redemption Amount, then the Partial Prepayment Amount shall be increased to equal the Redemption Amount.
The “Redemption Amount” is calculated as follows:
Step 1: Divide the Maximum Facilities Special Tax (or Effective Tax Rate Evaluation Maximum Facilities Special Tax) computed pursuant to Step 1 of Section L.1 by the total Maximum Facilities Special Taxes (or total Effective Tax Rate Evaluation Maximum Facilities Special Taxes) for the entire CFD No. 22A IA3, based on the Maximum Facilities Special Taxes (or Effective Tax Rate Evaluation Maximum Facilities Special Taxes) that could be charged in the current Fiscal Year if all Taxable Property were designated as Developed Property, excluding any Assessor’s Parcels which have prepaid the Maximum Facilities Special Tax (or Effective Tax Rate Evaluation Maximum Facilities Special Tax) obligation (the “Prepayment Quotient”).
Step 2: Multiply the Prepayment Quotient by the Outstanding Bonds to compute the amount of Outstanding Bonds to be redeemed (the “Bond Redemption Amount”).
Step 3: Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed.
Step 4: Compute the amount needed to pay interest on the Bond Redemption Amount from the first Bond interest payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds.
Step 5: Determine that portion of Facilities Special Taxes levied on the Assessor’s Parcel in the current Fiscal Year to satisfy the Facilities Special Tax Requirement, which have not yet been paid.
Step 6: A reserve fund credit shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture for the Bonds), if any, associated with the redemption of Outstanding Bonds as a result of the partial prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture for the Bonds) in effect after the redemption of Outstanding Bonds as a result of the partial prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. Such reserve fund credit will not decrease the balance in the reserve fund below the new reserve requirement.
Step 7: If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the first interest and/or principal payment following the current Fiscal Year, a
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capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to Step 1 by the expected balance in the capitalized interest fund after such first interest payment.
Step 8: The redemption amount is equal to the sum of the amounts computed pursuant to Steps 2, 3, 4, and 5, less the amount computed pursuant to Steps 6 and 7 (the “Redemption Amount”).
If the Partial Prepayment Amount exceeds the Redemption Amount, then any remaining Partial Prepayment Amount, after allocating the Redemption Amount, shall be designated as Pay As You Go Costs.
The Partial Prepayment Amount shall include any fees or expenses, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the cost of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the “Administrative Fees and Expenses”).
In addition, the City has the authority to adjust the Partial Prepayment Amount calculated above if a portion or all of the current property tax bill and the portion attributable to the payment of the Facilities Special Tax has not been used to make an interest and/or principal payment on the Bonds.
Notwithstanding the foregoing, no partial prepayment shall be allowed unless the amount of Maximum Facilities Special Taxes (or Effective Tax Rate Evaluation Maximum Facilities Special Taxes), net of any priority administration, if any as defined in the Indenture, that may be levied on Taxable Property, in each Fiscal Year, both prior to and after the proposed partial prepayment, is at least 1.1 times the annual debt service on all Outstanding Bonds to be paid from the Maximum Facilities Special Taxes (or Effective Tax Rate Evaluation Maximum Facilities Special Taxes) in each Fiscal Year.
M. TERM OF SPECIAL TAX
The Facilities Special Tax shall be levied commencing in Fiscal Year 2027-2028 to the extent necessary to fully satisfy the Facilities Special Tax Requirement and shall be levied through the Facilities Special Tax Term.
The Services Special Tax shall be levied commencing in Fiscal Year 2027-2028 and shall be levied until the Transition Event to the extent necessary to fully satisfy the Services Special Tax Requirement.
The Transition Services Special Tax shall be levied commencing in the Fiscal Year following the Transition Event in perpetuity, unless and until such time the City determines that revenues are no longer needed to pay the Transition Services Special Tax Requirement.
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ATTACHMENT A
CITY OF FOLSOM
COMMUNITY FACILITIES DISTRICT NO. 22A (FOLSOM HEIGHTS) IMPROVEMENT AREA 3
MAXIMUM SPECIAL TAX RATES
(FISCAL YEAR 2026-2027)
Land Use Category Lot Size
2026-2027
Maximum
Facilities Special
Tax Rate(1)
2026-2027
Maximum
Services Special
Tax Rate(2) Taxed Per
Developed Property:
Single-Family Detached Property – SF Zoning Any $0 $137 Residential Lot Single-Family Detached Property – SFHD Zoning > = 5,775 Sq Ft $0 $137 Residential Lot Single-Family Detached Property – SFHD Zoning < 5,775 Sq Ft $0 $137 Residential Lot Single-Family Detached Property – MLD Zoning Any $0 $117 Residential Lot Other Taxable Property Any $0 $474 Acre
Small Lot Final Map Property:
Single-Family Detached Property – SF Zoning Any $0 $137 Residential Lot Single-Family Detached Property – SFHD Zoning > = 5,775 Sq Ft $0 $137 Residential Lot Single-Family Detached Property – SFHD Zoning < 5,775 Sq Ft $0 $137 Residential Lot Single-Family Detached Property – MLD Zoning Any $0 $117 Residential Lot Other Taxable Property Any $0 $474 Acre
Permit Ready Multi-Family/Non-Residential Property $0 $474 Acre Large Lot Property $0 $474 Acre
Undeveloped Property $0 $474 Acre
(1) On each July 1, commencing on July 1, 2027, the Maximum Facilities Special Tax Rates shall be increased by the Facilities Special Tax Escalation Factor of the Maximum Facilities Special Tax Rates in effect for the previous Fiscal Year. (2) On each July 1, commencing on July 1, 2027, the Maximum Services Special Tax Rates shall be increased by an amount equal to the Services Special Tax Escalation Factor of the Maximum Services Special Tax Rates in effect for the previous Fiscal Year.
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ATTACHMENT B
CITY OF FOLSOM
COMMUNITY FACILITIES DISTRICT NO. 22A (FOLSOM HEIGHTS) IMPROVEMENT AREA 3
MINIMUM FACILITIES REVENUE
(FISCAL YEAR 2026-2027)
Land Use Category Lot Size
Planned Number
of Residential
Lots
2026-2027
Developed Property
Maximum Facilities
Special Tax Rate(1)(2)
2026-2027
Minimum
Facilities
Revenue (1)(3)
Developed Property:
Single-Family Detached Property – SF Zoning Any 0 $0 $0 Single-Family Detached Property – SFHD Zoning > = 5,775 Sq Ft 0 $0 $0 Single-Family Detached Property – SFHD Zoning < 5,775 Sq Ft 0 $0 $0 Single-Family Detached Property – MLD Zoning Any 0 $0 $0 Other Taxable Property Any 0 $0 $0
Total Minimum Facilities Revenue(4) $0
(1) On each July 1, commencing on July 1, 2027, the Developed Property Maximum Facilities Special Tax Rates and Minimum Facilities Revenue shall be increased by the Facilities Special Tax Escalation Factor of the Developed Property Maximum Facilities Special Tax Rates and Minimum Facilities Revenue in effect for the previous Fiscal Year. (2) As a result of future Assessor’s Parcel changes, described in Section C.2, the assigned Maximum Facilities Special Tax Rates for Developed Property may exceed the Developed Property Maximum Facilities Special Tax Rates set forth in this table. (3) The total Minimum Facilities Revenue may be decreased as result of a portion of Maximum Facilities Special Tax obligations being prepaid pursuant to Section L.
(4) Based upon the Developed Property Maximum Facilities Special Tax Rate for Single-Family Detached Property in Improvement Area No. 3.
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ATTACHMENT C
CITY OF FOLSOM
COMMUNITY FACILITIES DISTRICT NO. 22A (FOLSOM HEIGHTS) IMPROVEMENT AREA 3
EFFECTIVE TAX RATE EVALUATION MAXIMUM FACILITIES SPECIAL TAX RATES (FISCAL YEAR 2026-2027)
Land Use Category Lot Size
2026-2027
Effective Tax Rate
Evaluation Maximum
Facilities Special Tax
Rate(1)(2) Taxed Per
Developed Property:
Single-Family Detached Property – SF Zoning Any $_________ Residential Lot Single-Family Detached Property – SFHD Zoning > = 5,775 Sq Ft _________ Residential Lot Single-Family Detached Property – SFHD Zoning < 5,775 Sq Ft _________ Residential Lot Single-Family Detached Property – MLD Zoning Any _________ Residential Lot Other Taxable Property Any _________ Acre
Small Lot Final Map Property:
Single-Family Detached Property – SF Zoning Any $_________ Residential Lot Single-Family Detached Property – SFHD Zoning > = 5,775 Sq Ft _________ Residential Lot Single-Family Detached Property – SFHD Zoning < 5,775 Sq Ft _________ Residential Lot Single-Family Detached Property – MLD Zoning Any _________ Residential Lot Other Taxable Property Any _________ Acre
Permit Ready Multi-Family/Non-Residential Property $_________ Acre Large Lot Property $_________ Acre
Undeveloped Property $_________ Acre
(1) Effective Tax Rate Evaluation Maximum Facilities Special Tax Rates will be inserted following the Effective Tax Rate Evaluation. (2) On each July 1, commencing in the Fiscal Year after the Effective Tax Rate Evaluation occurs, the Effective Tax Rate Evaluation Maximum Facilities Special Tax Rates shall be increased by the Facilities Special Tax Escalation Factor of the Effective Tax Rate Evaluation Maximum Facilities Special Tax Rates in effect for the previous Fiscal Year.
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ATTACHMENT D
CITY OF FOLSOM
COMMUNITY FACILITIES DISTRICT NO. 22A (FOLSOM HEIGHTS) IMPROVEMENT AREA 3
EFFECTIVE TAX RATE EVALUATION MINIMUM FACILITIES REVENUE (FISCAL YEAR 2026-2027)
Land Use Category Lot / Village #
Planned Number
of Residential
Lots / Acres(1)
2026-2027
Developed Property
Effective Tax Rate
Evaluation Maximum
Facilities Special Tax
Rate(1)(2)(3)
2026-2027
Effective Tax Rate
Evaluation
Minimum Facilities
Revenue(1)(2)(4)
Developed Property:
Single-Family Detached Property – SF Zoning Any 0 $_________ $_________ Single-Family Detached Property – SFHD Zoning > = 5,775 Sq Ft 0 _________ _________ Single-Family Detached Property – SFHD Zoning < 5,775 Sq Ft 0 _________ _________ Single-Family Detached Property – MLD Zoning Any 0 _________ _________ Other Taxable Property Any 0 _________ _________
Total Effective Tax Rate Evaluation Minimum
Facilities Revenue(5)
$_________
(1) Planned Number of Residential Units/Acres, Developed Property Effective Tax Rate Evaluation Maximum Facilities Special Tax Rate and Effective Tax Rate Evaluation Minimum Facilities Revenue to be inserted following the Effective Tax Rate Evaluation. (2) On each July 1, commencing in the Fiscal Year after the Effective Tax Rate Evaluation occurs, the Developed Property Effective Tax Rate Evaluation Maximum Facilities Special Tax Rates and Effective Tax Rate Evaluation Minimum Facilities Revenue shall be increased by the Facilities Special Tax Escalation Factor of the Developed Property Effective Tax Rate Evaluation Maximum Facilities Special Tax Rates and Effective Tax Rate Evaluation Minimum Facilities Revenue in effect for the previous Fiscal Year. (3) As a result of future Assessor’s Parcel changes, described in Section C.3, the assigned Developed Property Effective Tax Rate Evaluation Maximum Facilities Special Tax Rates may exceed the Developed Property Effective Tax Rate Evaluation Maximum Facilities Special Tax Rates set forth in this table.
(4) The total Effective Tax Rate Evaluation Minimum Facilities Revenue may be decreased as result of a portion of Effective Tax Rate Evaluation Maximum Facilities Special Tax obligations being prepaid pursuant to Section L. (5) Based upon the total Effective Developed Property Maximum Facilities Special Tax Rate Evaluation for Single-Family Detached Property in Improvement Area No. 3.
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ATTACHMENT E
CITY OF FOLSOM
COMMUNITY FACILITIES DISTRICT NO. 22A (FOLSOM HEIGHTS) IMPROVEMENT AREA 3
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Folsom City Council
Staff Report
1 MEETING DATE:
9/22/2026
AGENDA SECTION:
New Business
SUBJECT: Resolution No. 11723 – A Resolution Authorizing the City Manager to Execute a Memorandum of Understanding with
Sacramento County Related to Interim Design, Construction, and Maintenance for Prairie City Road
FROM: Public Works Department
RECOMMENDATION / CITY COUNCIL ACTION
The Public Works Department recommends that the City Council pass and adopt the following Resolution No. 11723 – A Resolution Authorizing the City Manager to Execute a Memorandum of Understandin g with Sacramento County related to interim design, construction, and maintenance of Prairie City Road.
BACKGROUND / ISSUE
South of US-50, Prairie City Road is a jointly owned facility between the City of Folsom and County of Sacramento. Additionally, the centerline of the road serves as the jurisdictional boundary between both communities, providing a north-south route to the freeway and serving as a primary quarry truck route for several key facilities located within unincorporated Sacramento County. Earlier this year, the City and County entered into an agreement for maintenance of shared transportation facilities, which was approved by City Council on March 24, 2026, under Resolution No 11578.
09/22/2026 Item No.11.
2 In 2024, the City of Folsom was engaged by the local development community to explore near- term opportunities to continue development and construction west of East Bidwell Street, located in the remaining undeveloped portions of the Folsom Plan Area. This initiated discussions around circulation, congestion mitigation, and community facilities to support existing residents and planned growth in both jurisdictions. With approved master plans for both the Folsom Plan Area Specific Plan and the Glenborough at Easton Land Use Master Plan, a coordinated plan for Prairie City Road became a necessity.
Currently a two-lane facility, Prairie City Road is in
need of realignment and construction of a larger facility to support the future circulation needs of planned
growth. In the County’s General Plan, Prairie City Road is identified as a six-lane arterial roadway from White Rock Road to the US-50 interchange. In the City’s
adopted Folsom Plan Area Specific Plan, Prairie City
Road is identified as a four-lane facility from White
Rock Road to the future extension of the Alder Creek
Parkway/Easton Valley Parkway intersection (Section
G), and a six-lane facility north of that same
intersection to US-50 (Section F).
Additionally, the County has approved several rock
quarries in the unincorporated area south of White Rock Road, including a Quarry Truck Management Plan
Operational Agreement adopted under Board
09/22/2026 Item No.11.
3 Resolution No. 2012-0045 (and approved by the Folsom City Council on December 6, 2011, under Resolution No. 8938). This allowed the City of Folsom to participate in the Truck Management Plan Program and receive funding collected by the County from participating quarries for quality-of-life improvements along designated truck routes, which includes Prairie City Road. As part of that operational plan, a six-lane facility was planned with dedicated, depressed lanes to serve as the primary quarry truck route.
In 2025, the City of Folsom received an application for the development of 1,424 residential lots and various community amenities, including private and public recreation spaces, parks, landscaping, open space, a future fire station, elementary school site s, and roadways. Given the existence of three different conceptual cross -sections and alignments across various planning documents for both the County and the City, staff reached out to the County in February 2025 to reopen discussions around the future of Prairie City Road to seek agreeable alternatives that meet the needs of all users and stakeholders. Following a year of coordination with County staff, rock quarries, development partners, and relevant stakeholders, City and County staff arrived at a mutual understanding and acceptable options for future cross -sections and alignment that protect and serve the needs of the community.
POLICY / RULE
Execution of a Memorandum of Understanding Agreement between Agencies require s City Council approval.
ANALYSIS
The proposed Memorandum of Understanding (MOU) addresses critical long -range traffic and transportation needs for Prairie City Road between White Rock Road and US-50, benefiting both the City of Folsom and Sacramento County. It creates a joint framework for the planning, design, funding, construction, and ongoing maintenance of the future Prairie City Road project.
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4 Purpose and Council Action
On September 22, 2026, the County Board of Supervisors will consider approving the MOU, and City staff will provide an update to the City Council during its regular meeting.
Approval allows the City and County to require developers and new quarry operators to pay for traffic mitigations and road improvements needed to offset their impact on Prairie City Road and nearby utilities, such as SMUD’s overhead power lines. It also re serves the right for both jurisdictions to initiate road reconstruction as funding becomes available. Once complete, the upgraded road will support planned housing, commercial growth, walking and biking routes, and quarry truck traffic.
Key Roadway Design Features
Exhibits D, E, and F of the MOU (provided on the following page) illustrate conceptual designs consistent with the goals and objectives City and County planning documents, including the Quarry Truck Management Plan and recently approved entitlements, including the Toll Brothers at Alder Creek approved by Council on June 23, 2026. Key features include:
• Right-of-Way: A reserved 90-foot-wide corridor from White Rock Road to US-50.
• Traffic Control: At the request of Sacramento County, signalized intersections with no roundabouts are recommended.
• Travel Lanes : Standard 12-foot-wide travel lanes (with 11 -foot lanes adjacent to the landscaped median in the final design).
• Bicycle and Pedestrian Paths: A 12-foot paved, off-street multi-use path on both sides of the road. The west -side path will also serve as a maintenance access road for SMUD's power lines.
• North Segment (Alder Creek Parkway to US -50): Expanded to a six-lane arterial road (Exhibit D), consistent with the Folsom Plan Area Specific Plan.
• South Segment (White Rock Rod to Alder Creek Parkway): Initially built as a four - lane road (Exhibit E), with long-term plans to expand to six lanes to align with the County’s General Plan (Exhibit F).
• Future Connections: The Prairie City Road and Alder Creek Parkway intersection will be built 98 feet wide with utility connections ready for the future Easton Valley Parkway extension to the west.
Once fully designed, the project will accommodate all planned residential, commercial, and multimodal traffic, including dedicated capacity for quarry haul trucks. Additional details on shared maintenance, ownership, and administrative duties are included in the attached MOU.
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6 Next Steps and Annexation
Realigning the road requires adjusting City and County boundaries at the centerline of the new road to serve as the official border. On September 22, 2026, City staff will present an item to the City Council seeking direction on the Prairie City Road Right-of-Way Annexation.
FINANCIAL IMPACT
Executing this Memorandum of Understanding (MOU) has no direct financial impact. Future Prairie City Road improvements will be presented to the City Council for consideration either as developer-funded conditions or as City- or County-led capital projects. Staff will return to Council for approval before any funds are encumbered.
ENVIRONMENTAL REVIEW
This Memorandum of Understanding (MOU) memorializes the agreement between the City and the County regarding the interim design, construction, and maintenance planning for Prairie City Road. It does not constitute a project under the California Environmental Quality Act (CEQA) and is exempt pursuant to CEQA Guidelines Section 15061(b)(3). Environmental review and clearance will be completed as part of a future, defined project.
ATTACHMENTS
1. Resolution No. 11723 – A Resolution Authorizing the City Manager to Execute a Memorandum of Understanding with Sacramento County Related to Interim Design, Construction, and Maintenance for Prairie City Road
2. Proposed Memorandum of Understanding between City of Folsom and Sacramento County
Respectfully Submitted,
Rebecca Neves, Public Works Director/City Engineer
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Attachment 1
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Resolution No. 11723
RESOLUTION NO. 11723
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING WITH SACRAMENTO COUNTY RELATED
TO INTERIM DESIGN, CONSTRUCTION, AND MAINTENANCE FOR PRAIRIE
CITY ROAD
WHEREAS, Prairie City Road serves as the jurisdictional boundary between the City of Folsom and County of Sacramento as identified in the City and County General Plans, the Folsom Plan Area Specific Plan, and the Quarry Truck Managem ent Plan with various funding mechanisms and differing cross sections of four-lane and six-lane facilities; and
WHEREAS, adopted plans, approved projects, existing aggregate mining operations, and proposed development resulted in a need for coordinated tr ansportation improvements along the Prairie City Road corridor between White Rock Road and US-50; and
WHEREAS, the City and County recognize that reconstruction of Prairie City Road is necessary to accommodate future residential, commercial, and quarry truck traffic while maintaining consistency with each agency’s long-range transportation planning objectives; and
WHEREAS, the City and County have negotiated a Memorandum of Understanding (MOU) to establish a mutually agreeable cooperative framework for the planning, design, funding, construction, operation, and maintenance of Prairie City Road between White Rock Road and US- 50; and
WHEREAS, the MOU establishes mutually agreed -upon roadway cross sections, identifies potential funding sources, provides pr ocedures for coordinated project delivery and design review, and establishes administrative responsibilities for implementation of the agreement.
The MOU is administrative in nature and does not approve any specific construction project or authorize physical changes to the existing environment, which is subject for review under future roadway improvement projects as appropriate; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes the the City Manager to Execute a Memorandum of Understanding with Sacramento County related to interim design, construction, and maintenance of Prairie City Road as administrative in nature, does not authorize any physical improvements, is in substantial form attached hereto, and does not require separate environmental review under the California Environmental Quality Act (CEQA).
BE IT FURTHER RESOLVED that the City Council of the City of Folsom authorizes and directs the Public Works Director , or his/her designee, on behalf of the City, to execute the Memorandum of Understanding; to make administrative amendments as necessary; to implement the purposes, mechanisms, and strategies contemplated by the Memorandum of Understanding; and to do and perform necessary actions to carry out the purpose and intent of this Resolution.
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Resolution No. 11723
PASSED AND ADOPTED this 22nd day of September, 2026, by the following roll -call vote:
AYES: Councilmember(s):
NOES: Councilmember(s):
ABSENT: Councilmember(s):
ABSTAIN: Councilmember(s):
___________________________________
Justin Raithel, MAYOR
ATTEST:
____________________________________
Christa Freemantle, CITY CLERK
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Attachment 2
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MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF FOLSOM AND
SACRAMENTO COUNTY REGARDING AN INTERIM DESIGN, CONSTRUCTION AND
MAINTENANCE FOR PRAIRIE CITY ROAD
This Memorandum of Understanding (“MOU”) is made and entered into this ________day of _____________________, 2026, by and between the County of Sacramento, a political subdivision of the State of California (“COUNTY”), and the City of Folsom, a municipal corporation organized and existing under the laws of the State of California (“CITY”).
BACKGROUND
A. Prairie City Road is identified in the COUNTY’s General Plan as a six-lane arterial roadway in unincorporated COUNTY and the centerline of the roadway serves as the boundary between the unincorporated COUNTY and the CITY.
B. In January 2009 , COUNTY approved the Glenborough at Easton Land Use Master Plan and certified an Environmental Impact Report (“EIR”) for approximately 1,208 acres of development adjacent to and west of Prairie City Road, which will include up to 3,239 housing units.
C. Since 2010, the COUNTY approved several hard rock quarries in the unincorporated area of COUNTY south of White Rock Road including but not limited to the Teichert (“Teichert”), and Stoneridge Quarry, LLC (“Stoneridge”) quarries.
D. The COUNTY certified EIRs for those quarries requiring that the owners of the quarries contribute their fair share as mitigation toward improvements to the roadways impacted by quarry truck operations including but not limited to Prairie City Road.
E. In June 2011, CITY adopted the Folsom Plan Area Specific Plan (“FPASP”) for the development of approximately 3,500 acres south of Highway 50 and bounded by El Dorado County in the east and Prairie City Road, and COUNTY to the west and south below White Rock Road.
F. The FPASP included a new four-lane cross section and design for Prairie City Road from White Rock Road to the future intersection of Alder Creek Parkway and Easton Valley Parkway, and a six-lane arterial roadway from said intersection to US Highway 50 in the north in order to handle traffic from development as shown in Exhibit A.
G. In addition to adoption of the FPASP, the CITY Council also certified in June 2011 an Environmental Impact Report and Environmental Impact Statement (“EIR/EIS”) as well as a Mitigation Monitoring and Reporting Program (“MMRP”) for the area as required under the California Environmental Quality Act (“CEQA”) and National Environmental Policy Act.
H. In December of 2011, COUNTY, CITY, and Sacramento County Water Agency entered into an agreement relating to transportation and water supply issues involving the south of Highway 50 Folsom Plan Area Annexation (“SOI Agreement”), which included required improvements as part of the special road design along Prairie City Road from Highway 50 to White Rock Road. The required improvements are listed in Section 4 of the SOI Agreement, attached hereto as Exhibit B,
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and include a depressed, two -lane roadway at the future intersection of Prairie City Road and Easton Valley Parkway.
I. On December 14, 2011, the COUNTY Board of Supervisors (“Board”) approved Resolution No. 2011-0938 establishing a Quarry Truck Management Plan (“QTMP”) funding program for quality- of-life improvements for the multiple mining interests for southeastern Sacramento County.
J. On January 24, 2012, the COUNTY Board approved the QTMP Operational Agreement with the City of Rancho Cordova, and delegated authority for the Director of the Department of Transportation to approve and execute a QTMP Operational Agreement with the City of Folsom in substantially the same form, subject to the approval of the agreement by COUNTY Counsel.
K. The QTMP among other things provides a funding mechanism for potential roadway improvement options along Prairie City Road that could facilitate construction of a dedicated quarry truck haul route, as identified in Figure V to Exhibit B of the QTMP Operational Agreement with CITY, attached hereto as Exhibit C.
L. In 2014 prior to the start of the construction of the backbone infrastructure for the FPASP, an Initial Study Mitigated Negative Declaration (“ISMND”) was prepared and certified by the CITY Council. The ISMND evaluated the environmental effects of construction of the backbone infrastructure.
M. In January 2014, the CITY Council approved the Public Facilities Finance Plan (“PFFP”) in Resolution No. 9298 to fund backbone infrastructure as well as other required facilities necessary for the development set forth in the FPASP.
N. As part of the PFFP for the FPASP, t he CITY has been collecting and remitting Sacramento County Transportation Development Fees (“SCTDF”) to the COUNTY as development occurs in the FPASP Area.
O. In addition, COUNTY collects SCTDF fees for development projects in the unincorporated area of COUNTY adjacent to and west of Prairie City Road. The CITY and COUNTY agree that the SCTDF fees collected are eligible to be used for the design and reconstruction of Prairie City Road in accordance with the adopted MOU under COUNTY Board Resolution 2015-0375.
P. On March 28, 2024, CITY Council approved the QTMP Operational Agreement with the COUNTY that identified certain roads in Folsom as acceptable routes for the quarry truck traffic including Prairie City Road. Said QTMP Operational Agreement is attached hereto as Exhibit C.
Q. Both CITY and COUNTY agree that Prairie City Road and its intersection with the future Easton Valley Parkway shall be designed with the intent to accommodate and facilitate the movement not only of vehicles but also of quarry haul trucks.
R. In 2025, the CITY received development applications for approximately 1,400 lots located near and adjacent to Prairie City Road . Furthermore, the Glenborough Development is expected to
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develop in the unincorporated area of the COUNTY immediately west of Prairie City Road. The reconstruction of Prairie City Road will be necessary prior to completion of any of those projects.
S. Both the CITY and COUNTY have interests in re-aligning and reconstructing Prairie City Road using a mutually agreeable cross sections to serve not only residential and commercial traffic but also to provide a reasonable and continuously direct route for quarry trucks to access US Highway 50 through the use of an interim cross section that does not preclude the COUNTY from widening Prairie City Road to the planned six-lane arterial per the COUNTY’s General Plan in anticipation for future development, operation of the quarries, and development of other unincorporated areas.
T. CITY and COUNTY wish to enter into this MOU to document the coordination efforts associated with the design, construction, and operation of the realignment and reconstruction of Prairie City Road and the intersections located between White Rock Road and US Highway 50.
AGREEMENT
With these Background facts in mind, the CITY and COUNTY agree as follows:
1. DEVELOPERS TO CONSTRUCT
To the extent permissible by law, CITY and COUNTY shall impose conditions and require fulfillment of mitigation measures on land developers and any new quarries not previously approved by COUNTY that cause a significant impact under the California Environmental Quality Act (“CEQA”) and benefit from the use of Prairie City Road to facilitate the reconstruction or payment for reconstruction of applicable segments of Prairie City Road, including associated wet and dry utility infrastructure as well as the relocation of the SMUD 69 kV line. Notwithstanding this provision, both CITY and COUNTY each reserve the right to initiate or complete all or any portions of the reconstruction of Prairie City Road subject to the availability of and access to funding.
2. PRAIRIE CITY ROAD DESIGN
As shown in Exhibits D, E, and F, attached here to, Prairie City Road shall be designed consistent with the FPASP with the following modifications:
a. 90-foot Right of Way is reserved for Prairie City Road from White Rock Road to US Highway 50;
b. Signalized intersections and no roundabouts;
c. 12-foot-wide travel lanes for each of the two travel lanes; except for the lanes adjacent to the median which shall be 11-foot lanes in the ultimate configuration; d. 12-foot, Class I separated pedestrian and bike path on the east side; e. 12-foot, Class I separated pedestrian and bike path on the west side, which shall also serve as a maintenance road for SMUD to access the 69 kV power lines; f. Six-lane arterial north of Alder Creek Parkway/Easton Valley Parkway to US Highway 50 as shown in Exhibit D, shown as the CITY and COUNTY ultimate cross section for this northernmost segment of Prairie City Road;
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g. The western intersection of Prairie City Road and Alder Creek Parkway shall be stubbed out for future utilities and built to a width of 98 feet to accommodate the future Easton Valley Parkway to the west;
h. Four-lane arterial south of Alder Creek Parkway/Easton Valley Parkway to White Rock Road as shown in Exhibit E representing the CITY’s ultimate cross section and the COUNTY’s interim cross section; and
i. Future six-lane arterial south of Alder Creek Parkway/Easton Valley Parkway to White Rock Road as shown in Exhibit F, representing the COUNTY’s ultimate cross section for this segment consistent with the COUNTY’s General Plan.
3. DESIGN AS INTERIM CONDITION
The redesign and reconstruction of the roadway as described in Section 2 shall be an interim condition until such time that the traffic volume warrants and the COUNTY has the necessary funding to construct the road consistent with what is shown in the COUNTY General Plan as illustrated in Exhibit F, subject to COUNTY and CITY approval. CITY and COUNTY agree that the redesign of the roadway described in Section 2 and shown in Exhibit s D and E shall replace the conceptual roadway design presented in the QTMP and will preclude any future construction of the roadway improvements options for a dedicated depressed grade quarry truck haul route, which is identified in Figure V of Exhibit B of the QTMP. Furthermore, this redesign and reconstruction replaces the required designs shown in Figures 7.8 and 7.9 of the FPASP (Exhibit A) and also removes the requirement for a depressed, two-lane roadway at the future intersection of Prairie City Road and Easton Valley Parkway as stated in the first bullet point in Section 4 of the SOI Agreement (Exhibit B). CITY and COUNTY further agree that the design shall incorporate appropriate quality of life roadway improvements identified in Section 3.3 of the QTMP including, but not limited to the use of rubberized asphalt for travel , sound walls and soundwall extensions, and landscaping.
4. RELOCATION OF 69kV POWERLINES
In order to construct the new design for Prairie City Road, the 69 kV poles and power lines, which are owned and operated by the Sacramento Municipal Utility District (“SMUD”) shall be relocated with SMUD’s authorization to a final approved location acceptable to SMUD, the COUNTY, and the CITY.
5. AVAILABILITY OF FUNDING AND PROJECT DELIVERY
I. The CITY and COUNTY agree that the following funding sources may be used in a manner consistent with funding requirements for the design and construction of Prairie City Road including relocation of the 69 kV power lines:
a. Folsom Plan Area Specific Plan – Stand-Alone Component entitled “SCTDF Fees” b. Folsom Plan Area Specific Plan Infrastructure Fees (“SPIF”); c. Quarry Truck Management Plan Funds;
d. Folsom Plan Area Community Facilities District No. 18; e. Sacramento County Transportation Development Fees;
f. Other such eligible funds as agreed to by the CITY and COUNTY; and g. Funding from the Sacramento Municipal Utility District (SMUD).
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Any and all work contemplated under this MOU shall be subject to availability of funds and compliance with applicable public procurement requirements. The funds listed above are not in priority order and shall be used consistent with the requirements of each fund.
II. Notwithstanding the language in this section, CITY or COUNTY and/or a developer may use a credit and reimbursement agreement or a similar instrument to allow for the reconstruction of the roadway in advance of the availability of all funds necessary to complete the project given that funds may be collected over time from subsequent development in the area served by the roadway.
III. The selection of the design professional who will prepare the Prairie City Road bid documents shall be conducted via a competitive Q ualification Based Selection (QBS) process. The CITY and COUNTY reserve the right to establish minimum qualification criteria, participate in the evaluation committee, and provide final concurrence on the selected firm to ensure technical competency and adherence to regional standards. To ensure the highest quality of project delivery, the CITY and COUNTY shall be voting members of the selection committee responsible for evaluating proposals for the Prairie City Road design contract. The CITY and COUNTY agree that the appointment of the design consultant is contingent upon a consensus regarding the firm’s qualifications and past performance on similar public works projects.
IV. If a developer is conditioned to build all or a portion of Prairie City Road then the selection of the design professional and the competitive bid process shall be the responsibility of the developer. The developer shall be responsible for the design and construction of Prairie City Road consistent with Exhibits D, E and F unless that responsibi lity is otherwise delegated back to the CITY and/or the COUNTY through a development agreement. The CITY and COUNTY shall each review and sign the plans with CITY as the final approving party.
6. ANNEXATION TO ROADWAY CENTERLINE
CITY agrees to work with COUNTY to annex to the CITY the land to the center line of the new Prairie City Road alignment consistent with the requirements of the COUNTY Local Agency Formation Commission (“LAFCO”), subject to the approvals of the Folsom City Council and the COUNTY Board of Supervisors . The CITY and COUNTY further agree to extend the existing tax sharing provisions related to the land subject to adjustment and realignment of Prairie City Road when annexation occurs.
7. SHARED MAINTENANCE RESPONSIBILITIES
CITY and COUNTY agree to share maintenance responsibility of Prairie City Road in a fair and equitable manner and in accordance with the Parties’ agreement for maintenance of shared transportation facilities, as the agreement may be amended from time to time ( City of Folsom Contract No. 174-21 26-014/ Sacramento County Contract No. 81570).
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8. OWNERSHIP, CONTROL AND SUPERVISION
Notwithstanding the work performed by third parties, the CITY or the COUNTY or that of either agency in the jurisdiction of the other, each agency retains full ownership, control and supervision of the roadways and facilities within its jurisdiction. This MOU does not transfer roadways or roadway facility ownership, control or supervision from one agency to the other.
9. DISPUTES
In the event of any dispute arising out of or relating to this MOU, the agencies will attempt, in good faith, to promptly resolve the dispute mutually between themselves. If the dispute cannot be resolved by mutual agreement, nothing herein will preclude either agency’s right to pursue its available legal and equitable remedies, pursuant to the laws of the State of California.
10. TERM
This MOU will be effective on the date the MOU is fully executed set out on the signature page below and will terminate upon completion of Prairie City Road or December 31, 2035 whichever is later, unless extended, modified or terminated by mutual agreement of the parties.
11. TERMINATION
Either agency may terminate this MOU for any reason and without cause during the term thereof by providing 180-days prior written notice of such termination to the other agency.
12. ADMINISTRATION
The CITY’s Public Works Director (CITY’s Director) shall administer this MOU on behalf of the CITY and the COUNTY’s Director of the Department of Transportation (COUNTY’s Director) shall administer the MOU on behalf of COUNTY. Said administration shall include the authority to make administrative amendments to this MOU on behalf of their respective agency. Administrative amendments may include, but are not limited to, updating party contact information, correcting typographical errors, and minor adjustments to the Prairie City Road Design. Administrative amendments do not include changes to any section in this MOU which materially affect the rights, obligations, scope, or financial terms of this MOU , extensions of the term of this MOU, or changes to the responsibilities of any Party. Unless otherwise provided herein or required by applicable law, CITY’s Director and COUNTY’s Director shall be vested with all the rights, powers and duties of their respective agencies herein. With respect to matters subject to the approval, satisfaction, or discretion of CITY, CITY’s Director’s decision in such matters shall be final. With respect to matters subject to the approval, satisfaction, or discretion of COUNTY, COUNTY’s Director’s decision in such matters shall be final. Any matter that is not an administrative amendment shall include consultation with other affected parties including landowners to Prairie City Road and the quarr y owners/operators prior to action by the CITY Council and/or COUNTY Board.
13. RECORDS
During the term of this MOU and for at least five (5) years after the work performed under the MOU is complete, both parties shall keep appropriate books, records, and accounts in connection with the activities performed under this MOU except that records pertaining to any audit then in progress, or any claims or litigation, will be retained beyond such five (5) year period until final
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resolution of such audit, claim or litigation. These records shall be available to any federal or state auditor, as required under any subsequent agreement.
14. INDEMNIFICATION
CITY shall defend, indemnify and hold harmless COUNTY, its Board of Supervisors, officers, directors, agents, employees, contractors, subcontractors and volunteers from and against all demands, claims, actions, liabilities, losses, damages, and costs, including payments of reasonable attorneys’ fees, arising out of or resulting from the performance of the MOU, caused in whole or in part by the negligent or intentional acts or omissions of CITY’s C ity Council, officers, directors, agents, employees, contractors, subcontractors, or volunteers.
COUNTY shall defend, indemnify, and hold harmless CITY, its CITY Council, officers, directors, agents, employees, contractors, subcontractors and volunteers from and against all demands, claims, actions, liabilities, losses, damages and costs, including payments of reasonable attorneys’ fees, arising out of or resulting from the performance of the MOU, caused in whole or in part by the negligent or intentional acts or omissions of the COUNTY’s Board of Supervisors, officers, directors, agents, employees, contractors, subcontractors, or volunteers.
It is the intention of COUNTY and CITY that the provisions of this paragraph be interpreted to impose on each party responsibility to the other for the acts and omissions of their respective officers, directors, agents, employees, volunteers, COUNTY’s Board of Supervisors, CITY’s City Council and CITY’s and COUNTY’s subcontractors. It is also the intention of the COUNTY and CITY that, where comparative fault is determined to have been contributory, principles of comparative fault will be followed and each party shall bear the proportionate cost of any damage attributable to the fault of that party, its officers, directors, agents, employees, volunteers, COUNTY’s Board of Supervisors, CITY’s C ity Council and their subcontractors.
15. INSURANCE
Each agency, at its sole cost and expense, shall carry insurance – or self-insure – its activities in connection with this MOU, and obtain, keep in force and maintain, insurance or equivalent programs of self -insurance to cover its potential liabilities hereunder. Each agency agrees to provide the other thirty (30) days’ advance written notice of any cancellation, termination or lapse of any of the insurance or self -insurance coverages.
16. GOVERNING LAWS AND JURISDICTION
This MOU shall be deemed to have been executed and to be performed within the State of California and shall be construed and governed by the internal laws of the State of California.
Any legal proceedings arising out of or relating to this MOU shall be brought in Sacramento County, California.
17. ASSIGNMENT
Neither party hereto shall assign, or transfer any interest in this MOU hereunder, without the prior written consent of the other party, and no assignment shall be of any force or effect whatsoever unless and until the other party furnishes such consent in writing, signed by both parties to this MOU.
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18. AMENDMENTS
This MOU may be modified or amended, or any of its provision s waived, only by a subsequent written amendment executed by each of the parties hereto.
19. CONSTRUCTION AND INTERPRETATION
It is agreed and acknowledged by the parties hereto that the provisions of this MOU have been arrived at through negotiation, and that each of the parties has had a full and fair opportunity to revise the provisions of this MOU and to have such provisions reviewed by legal counsel.
Therefore, the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not apply in construing or interpreting this MOU.
20. WAIVER
A party's failure to insist on strict performance of this MOU or to exercise any right or remedy upon the other party's breach of this MOU will not constitute a waiver of the performance, right, or remedy. A party's waiver of the other party's breach of any term or provision in this MOU is not a continuing waiver or a waiver of any subsequent breach of the same or any other term or provision. A waiver is binding only if set forth in writing and signed by the waiving party.
21. SEVERABILITY
The invalidity, illegality or unenforceability of any provision of this MOU shall not render the other provisions unenforceable, invalid or illegal, provided that such invalidity does not materially affect the respective rights and obligations of the parties.
22. NOTICES
All notices and other communications under this MOU must be in writing and are deemed to have been duly given (i) on the date of delivery, if delivered personally to the party to whom notice is given, or if made by email directed to the party to whom notice is to be given at the email address listed below, or (ii) at the earlier date of actual receipt or the second business day following deposit in the United States mail, postage prepaid. Notices and other communications must be directed to the parties at the addresses shown below. A party may change its person designated to receive notice, or its address from time to time by giving notice to the other party in accordance with the procedures set forth in this Article.
CITY: City of Folsom
Attention: Rebecca Neves, Director
Public Works Department
50 Natoma Street
Folsom, California 95630
Email: [email protected]
COUNTY: Sacramento County
Attention: Ron Vicari, Director
Department of Transportation
4111 Branch Center Road
Sacramento, California 95827
Email: [email protected]
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23. AUTHORITY TO EXECUTE
Each person executing this MOU represents and warrants that he or she is duly authorized and has legal authority to execute and deliver this MOU for or on behalf of the parties to this MOU. Each agency represents and warrants to the other that the execution and delivery of the MOU and the performance of such party’s obligations hereunder have been duly authorized.
24. COUNTERPARTS
This MOU may be executed in counterparts. The MOU shall be deemed executed when it has been signed by both parties.
25. THIRD PARTY BENEFICIARIES.
This MOU is made and entered into for the sole protection and benefit of the CITY and COUNTY and their successors and assigns . No other person shall have any right of action based upon any provision in this MOU.
(“Signature page to follow”)
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IN WITNESS WHEREOF, the CITY and COUNTY have entered into this MOU on the day and year set out in the last date set out below.
CITY OF FOLSOM, a Municipal
Corporation
________________________________
Name: Bryan Whitemyer
Title: City Manager
Dated: __________________________
ATTEST:
________________________________
Christa Freemantle
City Clerk
APPROVED AS TO FORM:
________________________________
Sari Myers Dierking
City Attorney
COUNTY OF SACRAMENTO, a political
subdivision of the State of California
________________________________
Name: David Villanueva
Title: County Executive
Dated: __________________________
ATTEST:
________________________________
Todd Stermer
Board Clerk
APPROVED AS TO FORM:
________________________________
Amanda L. McDermott
Deputy County Counsel
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Exhibit A
Folsom Plan Area Specific Plan
Figures 7.8 and 7.9 for Prairie City Road
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Note:
1. 6’ Sidewalk in 30’ Natural Parkway
Along all Development Frontages
Except for Section Between White
Rock Road and First Collector Street
North of Community Park West.
Note:
1. 6’ Sidewalk in 30’ Natural Parkway
Along all Development Frontages
Except for Section Between White
Rock Road and First Collector Street
North of Community Park West.
Circulation
7-21
Folsom Plan Area Specific Plan – April 2024
Figure 7.8 - Northern Section - Prairie City Road
(Section F - 6 Lane Major Arterial)
Figure 7.9 - Southern Section - Prairie City Road
(Section G - 4 Lane Minor Arterial)
Exhibit A - Figures 7.8 and 7.9
from the Folsom Plan Area Specific Plan
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Exhibit B
Section 4 of the SOI Agreement Showing
A Depressed, Two-lane roadway at the future intersection of Prairie City Road and Easton Valley Parkway
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Exhibit B
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Exhibit C
Quarry Truck Management Plan Operational Agreement
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Exhibit D
Prairie City Road Modified FPASP Cross-Section
Ultimate 6-Lane Configuration (City/County)
Alder Creek Parkway/Easton Valley Parkway to US 50
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