The RWRF - Sutter Campus is located in a flood plain, identified by the Federal Emergency Management Agency as a Special Flood Hazard Area. In 1997, due to the Tuolumne River flooding, the RWRF - Sutter Campus was completely inundated causing catastrophic failures, which shut down the City’s wastewater treatment functions for days.
Relocating the RWRF - Sutter Campus mitigates impacts to critical wastewater infrastructure from another Tuolumne River flood event. Reestablishing the aging primary treatment functions would also improve wastewater treatment process efficiencies by co-locating primary facilities with the secondary and tertiary facilities, located at the RWRF - Jennings Campus.
The Regional Water Recycling Facility - Sutter Campus Master Plan Relocation (Master Plan) will detail short and long-range planning level capital cost estimates and identify the necessary sequencing of projects with a detailed evaluation of the treatment functions to be relocated from the RWRF - Sutter Campus to the RWRF - Jennings Campus.
DISCUSSION:
To increase efficiencies, Staff is requesting the use of a consultant to provide Engineering Services for the Regional Water Recycling Facility - Sutter Campus Master Plan Relocation Project.
On June 13, 2023, by Resolution No. 2023-278, Council approved a pre-qualified list of consultants for Engineering Design Services for Water, Wastewater, and Storm Drain Capital Improvement Program Projects.
In accordance with Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Architectural and Engineering Services for Capital Projects, a Request for Proposal (RFP) was sent to the four (4) pre-qualified consultants.
On December 19, 2023, Staff received and distributed one (1) proposal to a selection committee consisting of Utilities Engineering and Wastewater Operations Staff. The selection committee evaluated the proposal and determined Carollo Engineers, Inc. (Carollo) to be qualified and responsive. Carollo’s sealed cost proposal was opened, reviewed, and negotiated after the selection ranking had been finalized.
The scope of services to be provided under this Agreement include:
Project Management and Meetings
Flows and Loads Analysis
Process Modeling Update
Assess Current and Future Regulatory Requirements
Flood Protection Evaluation for Sutter and Jennings Campuses Evaluation of Improvement Projects
Implementation Plan
Master Plan Report
Wastewater Treatment Capacity Evaluation
#22..
- 1212 -
City Council, June 11, 2024
Engineering Services Agreement with Carollo Engineers
Regional Water Recycling Facility - Sutter Campus
Master Plan Relocation Project
Industrial Local Limits Evaluation
Capacity and Loadings Allocations
Industrial User and Waste Hauler Permit Templates
In accordance with Modesto Municipal Code 8-3.204(a) “Exceptions to Formal Bidding Requirements,” Agreements for Professional Services are exempt from the bidding requirements of Modesto Municipal Code 8-3.203 if competitive quotations or proposals have been sought informally from at least three (3) qualified entities. However, staff proceeded with the RFP process pursuant to Administrative Directive 3.1 and one (1) proposal was received as part of this solicitation. Staff Recommends the approval of an Engineering Services Agreement with Carollo Engineers for the Regional Water Recycling Facility - Sutter Campus Master Plan Relocation Project.
FISCAL IMPACT:
Expenses associated with this effort will be housed in the following Project:
101565 RWRF - Sutter Relocation Plan
ANTICIPATED PROJECT EXPENDITURES
Engineering Services Agreement – Carollo $1,787,912
Additional Service, if Needed (10%) $178,791
Engineering/Design/Administration - City Staff $125,000 TOTAL $2,091,703
COMMITTEE RECOMMENDATION
This item was considered by the Economic Development Committee at the meeting held on May 6, 2024, where it was recommended that it be forwarded to Council.
CEQA/NEPA REQUIREMENTS:
Carollo will be responsible for identifying the necessary clearance documentation for the Project and City Staff will pursue those efforts to comply with all CEQA requirements.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving an Engineering Services Agreement with Carollo Engineers, of Sacramento, CA, for the Regional Water Recycling Facility - Sutter Campus Master Plan Relocation Project in the amount of $1,787,912, plus $178,791 in additional services, if needed, for an Agreement total amount not to exceed $1,966,703 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving an amendment to the Fiscal Year 2023-24 Multi-Year Program Budget in the amount of $2,045,000 to be transferred into the Project from Wastewater Reserves to fund the Regional Water Recycling Facility - Sutter Campus Master Plan Relocation Project. #22..
- 1213 -
City Council, June 11, 2024
Engineering Services Agreement with Carollo Engineers
Regional Water Recycling Facility - Sutter Campus
Master Plan Relocation Project
Approved by:
William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:
1. Resolutions (2)
2. Carollo - Agreement & Exhibits
#22..
- 1214 -
1 2024-
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING AN ENGINEERING SERVICES AGREEMENT
WITH CAROLLO ENGINEERS, OF SACRAMENTO, CA, FOR THE
REGIONAL WATER RECYCLING FACILITY - SUTTER CAMPUS MASTER PLAN RELOCATION PROJECT IN THE AMOUNT OF $1,787,912, PLUS $178,791 IN ADDITIONAL SERVICES, IF NEEDED, FOR AN AGREEMENT TOTAL AMOUNT NOT TO EXCEED $1,966,703 AND AUTHORIZING THE
CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT WHEREAS, the City owns and operates two wastewater treatment facilities: The Regional Water Recycling Facility - Sutter Campus (RWRF - Sutter Campus), located adjacent to the Tuolumne River and the Regional Water Recycling Facility - Jennings Campus (RWRF - Jennings Campus), located seven miles away and adjacent to the San Joaquin River, and
WHEREAS, the City’s wastewater is treated to meet stringent Federal and State regulatory requirements, and
WHEREAS, an average of 20 million gallons of wastewater per day receives primary treatment at the RWRF- Sutter Campus, and secondary treatment at the RWRF - Jennings Campus and up to 15 million of these gallons are treated further at the RWRF - Jennings Campus to tertiary (recycled water) levels, and WHEREAS, the RWRF - Sutter Campus is located in a flood plain, identified by the Federal Emergency Management Agency as a Special Flood Hazard Area, and WHEREAS, in 1997, due to the Tuolumne River flooding, the RWRF - Sutter Campus was completely inundated causing catastrophic failures, which shut down the City’s wastewater treatment functions for days, and
WHEREAS, relocating the RWRF - Sutter Campus mitigates impacts to critical wastewater infrastructure from another Tuolumne River flood event, and #22..
- 1215 -
2 2024-
WHEREAS, reestablishing the aging primary treatment functions would also improve wastewater treatment process efficiencies by co-locating primary facilities with the secondary and tertiary facilities, located at the RWRF - Jennings Campus, and WHEREAS, on June 13, 2023, by Resolution No. 2023-278, Council approved a pre-qualified list of consultants for Engineering Design Services for Water, Wastewater, and Storm Drain Capital Improvement Program Projects, and WHEREAS, in accordance with Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Architectural and Engineering Services for Capital Projects, a Request for Proposal (RFP) was sent to the four (4) prequalified consultants, and WHEREAS, Staff received and distributed one (1) proposal to a selection committee consisting of Utilities Engineering and Wastewater Operations Staff, and WHEREAS, the selection committee evaluated the proposal and determined Carollo Engineers to be qualified and responsive, and
WHEREAS, in accordance with Modesto Municipal Code 8-3.204(a) “Exceptions to Formal Bidding Requirements,” Agreements for Professional Services are exempt from the bidding requirements of Modesto Municipal Code 8-3.203 if competitive quotations or proposals have been sought informally from at least three (3) qualified entities. However, staff proceeded with the RFP process pursuant to Administrative Directive 3.1 and one (1) proposal was received as part of this solicitation.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Engineering Services Agreement with Carollo Engineers for the Regional Water Recycling Facility - Sutter Campus Master Plan Relocation Project in #22..
- 1216 -
3 2024-
the amount of $1,787,912, plus $178,791 in additional services, if needed, for a total amount not to exceed $1,966,703.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the agreement, in a form approved by the City Attorney.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of June 2024, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST:
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#22..
- 1217 -
1 2024-
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING AN AMENDMENT TO THE FISCAL YEAR 2023- 24 MULTI-YEAR PROGRAM BUDGET IN THE AMOUNT OF $2,045,000 TO
BE TRANSFERRED INTO THE PROJECT FROM WASTEWATER RESERVES
TO FUND THE REGIONAL WATER RECYCLING FACILITY - SUTTER
CAMPUS MASTER PLAN RELOCATION PROJECT
WHEREAS, certain budgetary transactions are necessary in the amount of $2,045,000, in order to fund the Regional Water Recycling Facility – Sutter Campus Master Plan Relocation Project, and
WHEREAS, the Fiscal Year 2023-24 Capital Improvement Program Budget must be amended.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendment of the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $2,045,000.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #22..
- 1218 -
2 2024-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of June 2024, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST:
DIANA NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#22..
- 1219 -
-1-
ENGINEERING SERVICES AGREEMENT
REGIONAL WATER RECYCLING FACILITY - SUTTER CAMPUS
MASTER PLAN RELOCATION PROJECT
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2024, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and CAROLLO ENGINEERS, INC., a Delaware corporation, hereinafter referred to as "Consultant".
This Agreement is made with regard to the following recitals:
A. The City has determined that Engineering Services are necessary for the Regional Water Recycling Facility - Sutter Campus Master Plan Relocation Project.
B. Consultant represents that it is qualified, willing and able to provide said services.
NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:
1. SCOPE OF SERVICES.
Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "project". The Consultant shall perform the services as described in Exhibit "A" in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to City.
2. TERM OF AGREEMENT.
This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and #22..
- 1220 -
-2-
performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.
Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as “project” attached hereto as Exhibit "A" and made a part hereof. City hereby gives Consultant notice to proceed with the preparation of the project in the manner described in Exhibit "A", as of the Effective Date of this agreement. Consultant shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in Exhibit "A".
3. COMPENSATION.
Consultant agrees to accept a sum not to exceed ONE MILLION SEVEN HUNDRED EIGHTY-SEVEN THOUSAND NINE HUNDRED TWELVE AND 00/100 DOLLARS ($1,787,912) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A" attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.
The Compensation shall be paid pursuant in the manner and at the times set forth below:
City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto, Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this project. #22..
- 1221 -
-3-
Additional services may be authorized by the City Manager in an amount up to, but not to exceed ten percent (10%) of the agreed maximum compensation, or ONE
HUNDRED SEVENTY-EIGHT THOUSAND SEVEN HUNDRED NINETY-ONE AND 00/100 DOLLARS ($178,791). In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed ONE MILLION NINE HUNDRED SIXTY-SIX THOUSAND SEVEN HUNDRED THREE AND 00/100 DOLLARS ($1,966,703). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this agreement.
4. OBLIGATIONS OF CONSULTANT.
Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.
Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
#22..
- 1222 -
-4-
In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, Consultant has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, Consultant makes no warranty that the City’s actual project costs, financial aspects, economic feasibility, or schedules will not vary from Consultant’s opinions, analyses, projections, or estimates.
Consultant is not responsible for damage or delay in performance caused by events beyond the reasonable control of Consultant. In the event Consultant’s services are suspended, delayed or interrupted for the convenience of the City or delays occur beyond the reasonable control of Consultant, an equitable adjustment in Consultant’s time of performance and cost of Consultant’s personnel and subcontractors may be made.
5. OBLIGATIONS OF CITY.
The City shall furnish Consultant available studies, reports, and other data pertinent to Consultant’s services; obtain or authorize Consultant to obtain or provide additional reports and data as required; furnish to Consultant services of others required for the performance of Consultant’s services hereunder, and Consultant shall be entitled to use and rely upon all such information and services provided by the City or others in performing Consultant’s services under this agreement.
6. PERFORMANCE BY KEY EMPLOYEE.
Consultant has represented to City that Ryan Sellman, will be the person primarily responsible for the performance of the services referred to in this Agreement. City has #22..
- 1223 -
-5-
entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.
7. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.
Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.
Documents, including drawings and specifications, prepared by Consultant pursuant to this assignment are not intended or represented to be suitable for reuse by the City or others for this Project or on any other project. Any reuse of completed documents or use of partially completed documents without written verification or concurrence by Consultant for the specific purpose intended will be at the City’s sole risk and without liability or legal exposure to Consultant.
Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract.
All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for #22..
- 1224 -
-6-
direct or indirect use by Consultant after termination of this Agreement without written consent of the City.
8. NEWS AND INFORMATION RELEASE.
Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Manager.
9. INTEREST OF CONTRACTOR.
Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City.
10. AMENDMENTS.
Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.
Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services. #22..
- 1225 -
-7-
11. INDEPENDENT CONTRACTOR.
All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City.
Consultant has no authority or responsibility to exercise any rights or power vested in the City.
No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.
Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.
Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement.
Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.
If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and #22..
- 1226 -
-8-
control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.
It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.
It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.
As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.
12. ASSIGNMENT.
Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance.
13. PATENT/COPYRIGHT MATERIALS.
Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.
14. NOTICES.
Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the #22..
- 1227 -
-9-
provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:
FOR CONSULTANT: Name: Carollo Engineers, Inc.
Address: 1401 Fulton Street
Suite 802
Fresno, CA 93721
Attention: Ryan Sellman
Phone: (559) 436-6616
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street
Suite 4600
Modesto, CA 95354
Attention: Juan Ochoa
Phone: (209) 577-5423
Email: [email protected]
15. INSURANCE REQUIREMENTS.
The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or reduction in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies. #22..
- 1228 -
-10-
In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
#22..
- 1229 -
-11-
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.
If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated.
Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.
CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and #22..
- 1230 -
-12-
automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.
For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.
16. TERMINATION OF AGREEMENT.
Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.
Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for #22..
- 1231 -
-13-
convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
#22..
- 1232 -
-14-
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.
City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums #22..
- 1233 -
-15-
previously paid to the Consultant.
Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
17. CERTIFIED PAYROLL REQUIREMENT.
For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.
18. INDEMNITY.
The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault. #22..
- 1234 -
-16-
However, notwithstanding the foregoing, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs.
Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.
19. DISPUTE RESOLUTION.
All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.
This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented #22..
- 1235 -
-17-
by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant.
Otherwise, the claim or claims shall be deemed waived in their entirety.
The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made.
Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.
Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.
The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.
Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s #22..
- 1236 -
-18-
actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.
Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.
The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.
20. ENTIRE AGREEMENT.
This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.
21. PARTIAL INVALIDITY.
#22..
- 1237 -
-19-
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
22. WAIVER.
The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
23. AUDIT.
The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.
Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.
24. GOVERNING LAW.
This Agreement shall be governed according to the laws of the State of California.
25. HEADINGS NOT CONTROLLING.
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.
26. COMPLIANCE WITH LAWS.
#22..
- 1238 -
-20-
Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.
27. CITY BUSINESS LICENSE.
Consultant will have a City of Modesto business license.
28. THIRD PARTIES.
The services to be performed by Consultant are intended solely for the benefit of the City. No person or entity not a signatory to this Agreement shall be entitled to rely on Consultant’s performance of its services hereunder, and no right to assert a claim against Consultant by assignment or indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of Consultant’s services hereunder.
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attestation by its City Clerk under authority of Resolution No. 2024- __ , adopted by the Council of the City of Modesto on the day of , 2024, and CAROLLO ENGINEERS, INC. has caused this agreement to be duly executed as of the Effective Date. #22..
- 1239 -
Scope of Work
Task 1 – Project Management and Meetings
Task 1.1 – Project Management
Consultant will administer the project and subconsultants to maintain the project schedule and budget. The project progress and budget status will be included in monthly progress reports that will be attached to billing invoices. The monthly progress report will include a list of key work activities completed.
Task 1.2 – Kickoff Workshop and Site Visit
Consultant will meet with City onsite to review findings from the 2016 WWTP Master Plan and updated information, including:
■ 2021 Updated Engineer's Report.
■ Findings from the CV-SALTS program and the City’s Pathway A investigations and participation in the Nitrate Control Program under the
Valley Collaborative.
■ Findings from recent permit renewal efforts.
■ Findings from the City’s recent efforts related to solids removal from the facultative ponds at the Jennings Campus.
■ Findings from the City’s recent efforts to incorporate irrigation water from the TID into the Jennings Campus’ water supply portfolio.
Consultant will perform a site walk of both the Jennings and Sutter Campuses.
TASK 1 ASSUMPTIONS
■ Other meetings and workshops are detailed below in each scope item.
TASK 1 DELIVERABLES
■ Monthly invoices and project reports.
■ Kickoff meeting workshop agenda, presentation material, and minutes.
Task 2 – Flows and Loads Analysis
Consultant will compile recent influent flows and load data to develop an analysis of current conditions and compare them to the 2016 WWTP MP and the 2021 updated Engineer’s Report.
This effort will include characterization of the industrial flows and loads to the extent feasible based on available data. The analysis will provide a projection for 2050 flow and load conditions for the relocation master plan.
Flow and loading projections will be based on the most recent population projections for Stanislaus County (StanCOG). Projections related to increases in industrial flows and loads will be based on information provided by the City.
EXHIBIT A
#22..
- 1240 -
A Flow and Load Analysis Technical Memorandum (TM) will be prepared. Following City review, a meeting will be held with City staff to discuss the TM. A final TM will be prepared that incorporates the City’s comments.
TASK 2 ASSUMPTIONS
■ Two (2) coordination meetings will be held in-person and virtually (Hybrid). ■ The meeting with the City to present the project findings will be held in person at City offices.
■ The scope for this task is to evaluate the flows and loads that are currently coming into the plant versus what was planned for in the last Master Plan.
TASK 2 DELIVERABLES
■ Meeting minutes for two (2) coordination meetings.
■ Draft and final presentation materials from the Workshop in digital (PDF) format. ■ Draft and final Flows and Loads Evaluation TM in digital (PDF) format. ■ City comment response on DRAFT TM.
Task 3 – Process Modeling Update
Task 3.1 – BNR/Tertiary System Model
This task consists of compiling recent performance and solids handling data to calibrate the Biowin model to predict solids loads. It is assumed that the Biowin model that was recently calibrated for the Operations Guidance Model program would be the starting point for this task.
Once updated, the model will be used to define the current capacity of the facility, determine 20- year projections of primary solids and WAS quantities, and assess whether these characteristics will change following relocation of the primary clarifier and other related secondary treatment modifications at the Jennings Campus. The solids projections will be used as a basis for the solids handling alternatives analysis at the Jennings Campus (Task 6.3). The model will also be used to evaluate strategies for increasing flows to the BNR/ MBR system under Task 6.2 and potential capacity/ performance impacts related to implementation of the solids handling alternatives under Task 6.3. Two meetings to coordinate data and review model results are assumed for this task.
Task 3.2 – Pond-Based System Model
This task includes compiling recent performance data to confirm the previously developed excelbased model can accurately predict performance. This model was completed by Carollo in 2018 and will need to be updated with new data from 2018 through 2023. Once updated, the model will be used to define the current capacity of these facilities. The model will also be used to evaluate strategies related to changing flows to the pond-based system under Task 6.2. The model will include the fixed film reactors (FFRs), recirculation channel, oxidation pond(s), and storage ponds.
Two meetings are assumed for this task.
EXHIBIT A
#22..
- 1241 -
Task 3.3 – Technical Memorandum
Consultant will prepare a Model Calibration and Capacity Evaluation TM. The TM will summarize the model calibration efforts and provide a capacity basis for the existing facilities. The treatment plant capacity will be evaluated regarding the capacity to meet BOD, TSS, ammonia, and nitrate limits. This information will be used to support the pretreatment program efforts under Task 9.
The evaluation of alternatives and associated efforts will be documented in the deliverables for the tasks under which this effort is being provided.
Following City review, a meeting will be held with City staff to discuss the TM. A final TM will be prepared that incorporates the City’s comments.
TASK 3 ASSUMPTIONS
■ City will provide all data needed for model update/calibration. ■ The four (4) coordination meetings will be held virtually.
TASK 3 DELIVERABLES
■ Meeting agendas, presentation materials, and minutes for the four coordination meetings.
Task 4 – Assess Current and Future Regulatory Requirements Current and anticipated regulatory requirements applicable to the Sutter and Jennings Campuses will be compiled. The information will be presented in the Regulatory Requirements TM. Following City review, a meeting will be held with City staff to discuss the TM. A final TM will be prepared that incorporates City comments. Topics that will be addressed include the CV SALTS program, assumed new WDR requirements, and assumed future NPDES requirements. Other requirements from NVRRWP and TID and MID spill mitigation will be evaluated in this TM.
TASK 4 ASSUMPTIONS
■ The two (2) coordination meetings will be held virtually. ■ Assumptions on future permits will be discussed with the City and noted in the TM.
TASK 4 DELIVERABLES
■ Meeting agendas, presentation materials, and minutes for the two coordination meetings. ■ Draft and final Regulatory TM in digital (PDF) format.
Task 5 – Flood Protection Evaluation for Sutter and Jennings Campuses
The facilities that will remain at the Sutter Campus after the relocation project is completed are in a Special Flood Hazard Area (SFHA) Zone AE. These facilities will include the headworks (influent pump station, influent screening, and grit removal system), Pumping Plant No. 3 (CanSeg Screening and Pumping), and a new outfall pump station. The facilities that will be demolished will be cut down to below grade. Facilities will need to be protected against a 100- year flood event. Similarly, all new facilities at the Jennings Campus will need to be protected from flooding. Updated FEMA 100-year inundation maps that reflect future climate change impacts should be considered when evaluating flood protection needs.
EXHIBIT A
#22..
- 1242 -
As part of the 2016 WWTP Master Plan, the City completed hydraulic modeling to define the flood protection requirements for the facilities. However, FEMA has issued new flood maps for the areas surrounding both the Sutter and Jennings Campuses. The levees around the Jennings Campus have also been recently upgraded. Therefore, an analysis is required to determine if changes have occurred to the floodplain in the vicinity of the project.
If significant floodplain changes have not occurred since 2016, then the analysis under this Master Plan can proceed based on the recommendations made in 2016. However, additional numerical modeling may be needed if one of the following conclusions are made:
■ There have been substantial changes in floodplain mapping, levee condition or improvements, or other physical parameters since the 2016 WWTP Master Plan. ■ Flooding conditions have changed sufficiently since 2016 such that changes to the project are needed.
■ Future conditions hydrology indicates that climate change may significantly impact facilities design.
This additional modeling could be needed to evaluate potential impacts to the floodplain from the proposed project and/or to determine water surface elevations needed for design of the project elements.
Task 5.1 – Document Review
The project team will review new floodplain documents to assess the changes that have occurred since the 2016 WWTP Master Plan. We anticipate reviewing:
■ Levee and floodplain changes.
■ Changes to the Sutter Campus profile accounting for the removal of abandoned structures. ■ City/County documents related to the floodplain, including historical flood data and records. ■ FEMA/CVFPB documents, including FIS 2021 update (06099CV000B) and updated FIRM panels (2021) (06099C0532F and 06099C0540F).
■ Regional Board documents for hydrology and hydraulics. ■ Recent improvements to the levee system under the RD 2091 program.
Task 5.2 – Review of Hydraulic Models by Others
Consultant will review past modeling (HEC- RAS, FLO-2D, HEC-HMS) in the project area to assess the need for more flood protection since the 2016 WWTP Master Plan.
5.3 – Technical Memorandum
A TM will be prepared to summarize findings and recommendations for the required level of flood protection for the Sutter and Jennings Campuses. The TM will also identify where FEMA map revisions are likely to be needed for the project and what type of letter of map change (LOMC) is most appropriate (i.e., LOMR, etc.). The TM will include recommendations for additional hydraulic modeling, as appropriate. Preparing a new hydraulic model is not included in this scope of services.
EXHIBIT A
#22..
- 1243 -
The draft TM will be provided for City review. A final TM will be developed that incorporates City comments.
Task 5.4 – Meetings
Consultant will attend up to three separate meetings with City, County, Central Valley Flood Protection Board, and/or FEMA.
Consultant will facilitate a Workshop with the City to present the findings of the hydraulic modeling and floodplain review. The Workshop will include a description of the findings and recommendations.
Task 5.5 – Hydraulic Model Updates
The hydraulic flood models will be updated to evaluate potential impacts to the floodplain from the proposed project and determine design water surface elevations.
TASK 5 ASSUMPTIONS
■ The three (3) coordination meetings will be held virtually. These meetings could include coordination with FEMA, Reclamation District,
County, Army Corps of Engineers, and/or others as needed. ■ The meeting with the City to present the project findings will be held in person at City offices.
■ This scope does not include development of any of the LOMC documents that may be required to change the Flood Insurance Rate Maps for the project area. These documents should be prepared in concert with the preparation of design documents. ■ The scope for Task 5.5 will not be known until after completing Tasks 5.1 – 5.4.
Consultant has included an assumed level of effort that may need to be revised depending on the outcome the flood evaluations.
TASK 5 DELIVERABLES
■ Meeting minutes for three (3) coordination meetings.
■ Draft and final presentation materials from the Workshop in digital (PDF) format. ■ Draft and final Hydraulic Evaluation TM in digital (PDF) format.
Task 6 – Evaluation of Improvement Projects
The following projects will be evaluated:
Task 6.1 – Rehabilitation of Remaining Facilities at the Sutter Campus This task is to evaluate the rehabilitation/demolition requirements for the facilities that will remain at the Sutter Campus following the completion of the relocation project. This analysis will reflect floodplain updates that are identified as well as any changes or new information from the City regarding the planned long-term uses of the Sutter Campus. The project will provide updated analyses of the following improvements identified in the 2016 WWTP Master Plan:
EXHIBIT A
#22..
- 1244 -
■ Outfall pump station: Replacement of the existing primary effluent pump station with a new outfall pump station located above the 100-year base flood elevation. The new pump station will provide the capacity and pumping head required for the projected peak wet weather flows (PWWF) and new outfall pipeline.
■ Flood protection for the remaining Sutter Campus treatment facilities (influent pumping, screening, and grit removal): Modifications needed to provide protection against a 100-year flood event will be evaluated. Options that will be considered include raising the facilities so flood water cannot get in or effect the operation of the facility and building a flood wall or levee to protect the critical process areas.
■ Demolition of facilities at Sutter Campus: Demolition of the abandoned Sutter Campus facilities (primary treatment, anaerobic digesters, DAFT, existing outfall pump station, support buildings, and sludge drying beds). Structures will be removed to below ground level to provide space for future facilities or open area. The requirements for a site closure of the sludge drying beds will also be assessed.
Updated planning level capital cost estimates (AACEI Class 5) will be prepared for rehabilitation, relocation, and/or flood protection of the facilities that will remain at the Sutter Campus. The team will also prepare a site layout for the recommended improvements. Finally, the analysis will summarize all relevant non-financial considerations such as stranded assets, potential constructability concerns, and recommended implementation timeline (including coordination with FEMA).
Consultant will document the findings and recommendations from Task 6 in a TM. The project team will facilitate a meeting with the City to present the findings of the TM. Following City review, the TM will be finalized to incorporate City comments.
TASK 6.1 ASSUMPTIONS
■ Two (2) coordination meetings will be held in a hybrid environment. ■ The TM review meeting will be held in person at City offices.
TASK 6.1 DELIVERABLES
■ Meeting minutes for TM review meeting in digital (PDF) format. ■ Draft and final Analysis of Remaining Sutter Campus Facilities TM in digital (PDF) format.
Task 6.2 – Alternatives for Expanding Treated Effluent Flow at Jennings West Yost is currently working with the City to design a new pump station that will allow for water diversions to the Jennings Campus from the TID drainage canals that are adjacent to the Jennings Campus. The City is also evaluating the feasibility of diverting available flow from the MID into the Cannery Segregation Line, which will bring these flows directly to the Jennings Campus and used for irrigation. With these additional water supplies, the City would have more flexibility to maximize delivery of recycled water for the Del Puerto Water District via the NVRRWP facilities. The diversions would also dilute the can-seg water that is discharged onto the Jennings Campus, which could allow for managing can-seg water outside of the irrigation season.
EXHIBIT A
#22..
- 1245 -
This task also includes a feasibility evaluation for increasing the capacity of the BNR/Tertiary Plant without expanding the existing treatment facilities tankage. This would allow for increased discharges to the Del Puerto Water District. This approach could eliminate the need for FFR improvements (the FFRs would be demolished and dissolved air flotation for pond algae removal.
However, increased flows and loadings through the BNR/Tertiary Plant would increase the production of WAS, requiring an increase in solids processing facilities capacity.
Task 6.2.1 – Alternatives Development
Consultant will conduct a workshop with the City to review advantages and disadvantages of potential long- term water resource management strategies for the Jennings Campus. Alternatives to be evaluated include:
■ Maintaining the BNR/Tertiary Plant at its current capacity and improving the FFR/pond system to allow for continued, reliable treatment of flows exceeding 14.2 mgd through the pond-based system. Additional flows from TID and/or MID would be used to supply the Jennings Campus farming operations. Some flow could also be directed to the NVRRWP facilities for full tertiary treatment.
■ Expanding the Phase 2 BNR/Tertiary Plant to provide an additional 4.2 mgd of capacity and elimination of the FFRs. Additional flows from TID and/or MID would be used for irrigation of the Modesto Ranch.
■ Expanding the Phase 2 BNR/Tertiary Plant to provide additional capacity that is less than 4.2 mgd. The need to upgrade the FFRs under this scenario would need to be evaluated. Additional flows from TID and/or MID would be used to supply the Modesto Ranch. Some flow could also be directed to the Del Puerto Water District.
■ Reducing flows to the BNR/Tertiary Plant and diverting TID flow to Del Puerto Water District.
Additional flows from MID would also be used to supply the Jennings Campus farming operations for dilution of the can-seg irrigation water BOD concentrations.
Task 6.2.2 – Alternatives Evaluation
A cost and feasibility analysis will be developed for the alternatives identified in Task 6.2.1. Factors that will be considered include:
■ Lifecycle costs associated with expanding the capacity of the BNR/Tertiary Plant to increase the flow directed to the NVRRWP facilities.
■ Lifecycle costs associated with treatment of wastewater in the FFR/pond system for use on the Modesto Ranch.
■ Lifecycle costs associated with diverting additional flows (either tertiary recycled water or TID water) to the NVRRWP pump station and pipeline system.
■ Cost of water supplies from TID/MID for use on Jennings Campus Farming operation. ■ Potential revenue from delivery of treated recycled water to the Del Puerto Water District. ■ Potential revenue to the City for conveying TID flow to the Del Puerto Water District. ■ Lost costs associated with water losses that occur due to when supplies are available compared to when they are used seasonally.
EXHIBIT A
#22..
- 1246 -
In addition to the cost analysis, the following information will be developed:
■ Process flow diagrams.
■ Preliminary site layout and footprint requirements.
■ Non-financial considerations, including abandoned assets, constructability, regulatory flexibility, and benefits to Modesto Ranch and Can Seg operations.
Consultant will conduct a workshop with the City to review the results of the alternatives evaluation and select a preferred strategy.
Task 6.2.3 – Technical Memorandum
The findings from the analysis will be summarized in a TM.
TASK 6.2 ASSUMPTIONS
■ Two (2) coordination meetings will be held virtually. ■ The two (2) workshops, one to discuss the alternatives and one to present the findings, will be held in person at City offices.
TASK 6.2 DELIVERABLES
■ Alternatives screening workshop presentation and agenda. ■ Alternatives evaluation and recommendation workshop presentation and agenda. ■ TM for alternatives analysis of secondary treatment facilities at Jennings.
Task 6.3 – Alternatives Analysis of New Solids Handling Facilities at Jennings This task is to evaluate the solids handling facilities at the Sutter and Jennings campus.
Alternatives will be evaluated based on an overall life-cycle benefit and cost to the City. This will also consider lost assets and try to minimize the amount of lost assets over the next 20 years.
Task 6.3.1 – Alternatives Development and Screening
This task is to identify and evaluate alternatives for interim WAS-handling at Jennings Campus, and long- term primary solids and WAS handling at the Jennings Campus. A workshop will be held to review the advantages and disadvantages of these alternatives and screen alternatives down to up to five interim WAS-handling alternatives and up to five long-term solids handling alternatives.
Alternatives to be evaluated include:
Interim Primary Solids Handling Alternatives:
■ Interim WAS-handling alternatives:
» Baseline: Aerobic Digestion and Drying Beds (described in WWTP Master Plan and Engineer’s Report): Interim facilities for handling WAS consisting of new thickening, aerobic digester, dewatering, and air-drying beds. Biosolids storage would not be needed as the drying beds would act as storage. The aerobic digester would be decommissioned once the new long-term solids handling facilities are built. The drying beds could be expanded to accommodate future primary solids loads.
EXHIBIT A
#22..
- 1247 -
» Thickening and Dewatering: It is possible that the WAS produced by the BNR/Tertiary Plant at the Jennings Campus currently meets Class B pathogen concentration limits. If so, no additional stabilization processes would be needed. The WAS could be processed through new thickening and dewatering facilities. The new process would produce Class B cake that would be land applied on the farmlands. Testing of WAS pathogen. concentrations is needed to determine the viability of this alternative. Storage of cake would be needed since Class B land application is limited to the dry season and when crops are rotated. » Drying Beds: New thickening, dewatering, and air- drying beds. The drying beds would be dredged during land application periods and the air-dried biosolids would be land applied in the farmlands. Biosolids storage would not be needed as the drying beds would act as storage.
The drying beds could be expanded to accommodate future primary solids loads. ■ Long-term primary solids and WAS handling alternatives:
» Baseline: Anaerobic Digestion and Drying Beds (described in WWTP Master Plan and Engineer’s Report): WAS and primary sludge thickening, anaerobic digestion, and dewatering, and drying beds. The drying beds would be dredged on a regular basis and the air-dried biosolids would be land applied on the farmlands. Biosolids storage would not be needed as the drying beds would act as storage. Digester gas would be used in cogeneration using engine generators to produce renewable electricity and heat recovered to heat the digesters. » Drying Beds: New thickening, dewatering, and drying beds. The drying beds would be dredged on a regular basis and the dried Class B dried biosolids would be land applied in the farmlands.
Biosolids storage would not be needed as the drying beds would act as storage. » Composting: New thickening and dewatering of anaerobic digested sludge followed by cake hauling to the City’s composting facility.
Depending on the capacity of the existing composting facility, new composting trains may need to be built to process biosolids with yard waste. Class A compost would be land applied on the farmlands.
An evaluation of sludge thickening and dewatering technology alternatives process is not included in this scope. The evaluation will assume thickening using rotary drum thickeners and dewatering using belt-filter presses. An evaluation of digester gas use alternatives is also not included in this scope. For the alternatives, including anaerobic digestion, the evaluation will assume that digester gas is used for heating the anaerobic digesters.
Task 6.3.2 – Alternatives Evaluation and Life-Cycle Cost Estimates For viable alternatives, develop:
■ Process flow diagrams.
■ Process sizing based on solids projections (Task 3.1). ■ Preliminary site layout and footprint requirements.
■ Planning level capital costs (AACEI Class 5).
■ O&M costs and life-cycle cost estimates, including costs for biosolids hauling and land application.
■ Evaluation of ranchland capacity for land application of biosolids products.
EXHIBIT A
#22..
- 1248 -
■ Non-financial considerations, including stranded assets, constructability, regulatory flexibility, nutrient impacts to secondary treatment, and odor and truck- traffic impacts.
Consultant will conduct a workshop with the City to review the results of the solids alternatives evaluation and select a preferred interim WAS handling alternative and long- term solids handling alternative for Jennings Campus.
Task 6.3.3 – Technical Memorandum
A TM will be prepared to present the findings and recommendations developed under Task 6.
TASK 6.3 ASSUMPTIONS
■ Four (4) coordination meetings will be held virtually. ■ The two (2) workshops, one to discuss the alternatives and one to present the findings, will be held in person at City offices.
TASK 6.3 DELIVERABLES
■ Alternatives screening workshop presentation and agenda. ■ Alternatives evaluation and recommendation workshop presentation and agenda. ■ TM - Alternatives Analysis of New Solids Handling Facilities at Jennings.
Task 6.3.4 – Dry Vac Evaluation
The City has expressed interest in evaluating the feasibility of incorporating the Dry Vac technology at both the Sutter and Jennings Campuses. The Dry Vac system is a proprietary thermal vacuum and steam desiccation process that stabilizes biosolids without anaerobic digestion. It combines a mechanical dewatering system that employs steam drying and vacuum dewatering to generate Class A biosolids. According to the manufacturer, the Dry Vac system can be used before digestion, eliminating the need for thickening, digestion, heating, and dewatering equipment. Dry Vac could be utilized at the Sutter Campus and Jennings Campus initially to provide for the current dewatering needs–eliminating the need for ongoing use of the digesters/drying beds at the Sutter Campus and use of the treatment ponds for WAS stabilization at the Jennings Campus. The equipment at the Sutter Campus site can also be skid mounted, such that it can be relocated to the Jennings site when the primary clarifiers at the Sutter Campus are demolished. Another potential benefit of the Dry Vac process is that it produces a Class A product that can be applied to land year-round. The main disadvantage of the Dry Vac system is that it needs a significant external heat source to produce the steam needed to dry the sludge. Heat could be provided by a natural gas system or a propane gas system. It may also be possible to employ a large solar field to supplement the water heating needs. West Yost is currently working with the City of Davis to complete a full-scale pilot of the Dry Vac system to process WAS, primary sludge combined with WAS, and digested sludge. The goal of this study is to define sizing requirements, operational costs, and potential savings in operational expenses. The data collected from the Davis study will be used to evaluate the Dry Vac concept for the City of Modesto.
The Dry Vac system will be evaluated as a stand-alone concept and compared to the other concepts defined under Tasks 6.3.1 through 6.3.3. Information to be developed for this task includes:
EXHIBIT A
#22..
- 1249 -
■ Preliminary site layout and footprint requirements.
■ Planning level capital costs (AACEI Class 5).
■ O&M costs and life-cycle cost estimates, including costs for biosolids hauling and land application.
■ Non-financial considerations, including abandoned assets, constructability, regulatory flexibility, nutrient impacts to secondary treatment, and odor and truck-traffic impacts.
The information developed under this task will be documented in a separate TM. Following City review of the TM, the team will facilitate a review meeting with City staff. A final TM will be developed based on feedback received from the City.
TASK 6.3.4 ASSUMPTIONS
■ The TM review meeting will be held in person at City offices.
TASK 6.3.4 DELIVERABLES
■ Dry Vac Evaluation TM.
Task 6.4 – Near-Term Jennings Campus Facility Improvements The City will need to construct interim facilities at the Jennings Campus in the period before the relocation project is implemented (assuming the relocation is years out and new permits require solids removal from the ponds). Accordingly, the City has requested that the Master Plan provide an updated analysis of the following:
Solids Removal from Treatment Ponds. The City has recently contracted with Synagro to remove solids from the Jennings Campus ponds, including the recirculation channel, facultative ponds and digestion pits, and irrigation forebay. Synagro’s scope includes dredging of some of the ponds, as well as installing dewatering wells to allow for mechanical removal of solids from the facultative pond digestion pits. It is anticipated that the solids removal operations will need to continue for several years, beyond the current five-year term of the Synagro contract. The equipment, costs, and timeline for completing the solids removal will be determined. This analysis will be integrated with the solids handling recommendations developed under Task 6.3. ■ Rehabilitation of the Monitoring Well Network: The City has prepared a plan to rehabilitate the Jennings Campus monitoring well network and install new monitoring wells around the Sutter Campus drying beds. This effort, which has been conceptually approved by the Regional Water Quality Control Board, is needed because the existing wells are not in the proper location to characterize the groundwater beneath the Jennings Campus, and there are currently no groundwater wells at the Sutter Campus drying beds. In addition, the existing wells at the Jennings Campus are over 20 years old and have reached the end of their useful life. This plan will include recommendations for replacing some of the existing monitoring wells, removing wells that are in the wrong location, and installing new monitoring wells. The efforts related to the installation of these wells will be considered under Task 6.1
EXHIBIT A
#22..
- 1250 -
Task 6.4.1 – Facilities Improvement Evaluation
Consultant will prepare updated planning level capital cost estimates (AACEI Class 5) for removal of solids from the Jennings Campus ponds and for rehabilitation of the monitoring well network.
The information will be documented in TM. The project team will facilitate a meeting with the City to present the findings of the TM. Following City review, the TM will be finalized to incorporate City comments.
TASK 6.4 ASSUMPTIONS
■ The TM review meeting will be held in person at City offices.
TASK 6.4 DELIVERABLES
■ Near-Term Jennings Campus Facility Improvements TM.
Task 6.5 – Primary Facilities Relocation
This task is to update the 2016 WWTP Master Plan recommendations for new primary treatment facilities at the Jennings Campus. The following facilities will be evaluated:
■ Jennings Campus
» Primary Treatment Facilities: New primary treatment facilities would be built at the Jennings Campus to replace the aging facilities at the Sutter Campus. The new facilities would consist of three 110-foot diameter primary clarifiers, primary sludge pumping, and scum pumping.
» Yard Piping and Structures: Additional yard piping would be added to connect the primary treatment and solids handling facilities to the existing treatment facilities at the Jennings Campus. Flow splitting structures would also be provided.
TASK 6.5 ASSUMPTIONS
■ The TM review meeting will be held in person at City offices.
TASK 6.5 DELIVERABLES
■ Primary Facilities Relocation TM.
Task 7 – Implementation Plan
The implementation plan will be developed to identify project phasing and schedules, project descriptions, and updated capital cost estimates. The plan will document the need for the projects and future financial requirements. The implementation plan will also provide the necessary documentation for an engineer’s report to secure funding for the project. In addition, potential funding sources for the program will be identified. The implementation plan will be presented in a TM. The TM will include a detailed capital improvement plan and AACEI Class 5 Cost Estimate. A meeting will be held to review the findings and recommendations from the TM.
TASK 7 ASSUMPTIONS
■ The TM review meeting will be held in person at City offices.
EXHIBIT A
#22..
- 1251 -
TASK 7 DELIVERABLES
■ Implementation Plan TM.
Task 8 – Master Plan Report
The master plan report will be a compilation of the TMs plus an executive summary. The TMs will be included in an appendix. Consultant will present the findings and recommendations from the feasibility study in an in-person meeting. The final report will be issued after incorporating the City’s comments.
TASK 8 ASSUMPTIONS
■ The TM review meeting will be held in person at City offices.
TASK 8 DELIVERABLES
■ Master Plan Report.
Task 9 – Wastewater Treatment Capacity Evaluation
Task 9.1 – Capacity Analysis
This task will be based on the results from Tasks 2 and 3. The treatment plant capacity for the current and future cannery flows and loads will be evaluated regarding the capacity to meet BOD, TSS, ammonia, nitrate and salinity/metals, and other pertinent constituents for the projected flows and loadings. Other constituents to be examined include UV transmittance, pH, and turbidity.
Task 9.2 – Executive Summary
An executive summary of the capacity analysis will be prepared. The executive summary will be suitable for use by the public and stakeholders.
TASK 9 DELIVERABLES
■ Executive summary of capacity evaluation
■ Meeting presentation materials.
TASK 9 ASSUMPTIONS
■ Two (2) meetings will be attended by Consultant.
■ City will provide existing permits and background information.
Task 10 – Industry Local Limits Evaluation
Task 10.1 – Local Limits Evaluation
This task is to evaluate the current local wastewater discharge limits for industries and provide recommendations for new or modified local industrial limits. Local limits for industries will be established for use by the City’s Environmental staff as part of the pre- treatment program.
Task 10.2 – Stakeholder Meetings
This task includes preparing presentation materials for stakeholder meetings and attending meetings with City staff.
EXHIBIT A
#22..
- 1252 -
Task 10.3 – Staff Training
This task includes training the City’s environmental compliance staff on how to notify industries of the new limits, inform the public on the new limits, and provide guidance on developing City procedures for obtaining industrial wastewater samples.
TASK 10 DELIVERABLES
■ Local Limits Executive Summary.
■ Stakeholder meeting notes.
■ Stakeholder presentation materials.
■ Stakeholder meeting notes.
■ Staff training materials.
TASK 10 ASSUMPTIONS
■ No more than three (3) meetings will be attended by Consultant. ■ No more than three stakeholder meetings will be attended by Consultant. ■ Training sessions will be limited to two sessions at two hours each.
Task 11 – Capacity and Loadings Evaluation
Task 11.1 – Capacity and Loading Allocations
This task will provide wastewater capacity and loading allocations for each industry. Capacity allocations and permit limits for major industries will be established. Recommendations will be summarized in a TM.
Task 11.2 – Stakeholder Meetings
This task includes preparing presentation materials for stakeholder meetings and attending meetings with City staff.
TASK 11 DELIVERABLES
■ TM.
■ Stakeholder meeting notes.
■ Stakeholder presentation materials.
■ Stakeholder meeting notes.
TASK 11 ASSUMPTIONS
■ No more than three (3) meetings will be attended by Consultant. ■ No more than three (3) stakeholder meetings will be attended by Consultant.
Task 12 – Industrial User and Waste Hauler Permit Templates This task is to work with the City to update industrial permit templates to adhere to the new local limits. The following efforts are included:
EXHIBIT A
#22..
- 1253 -
■ Review requirements and recommendations from the 2023 Regional Board Pretreatment Compliance Inspection Report.
■ Review existing pretreatment permits for compliance with the updated treatment plant capacity.
■ Review current waste hauler permits and current primary plant operations procedures and make recommendations for revisions.
■ Provide boiler plate permit templates for Industrial Users (Major, Minor, Categorical, Groundwater, and P2s) and waste haulers.
Task 12.1 – Review Pretreatment Compliance Inspection Report Requirements Consultant will review and meet with City Environmental Compliance officers to review the current pretreatment compliance inspection reports.
Task 12.2 – Review Existing Pretreatment Permits
Consultant will review existing pretreatment permits obtained from the City.
Task 12.3 – Review Existing Waste Hauler Permits
Consultant will review the City’s existing waste hauler permits.
Task 12.4 – Develop Permit Templates
Consultant will work closely with the City to provide new permit templates. These will be updated to address the new local limits and optimize wastewater sampling from the industrial dischargers.
TASK 12 DELIVERABLES
■ Permit Templates.
TASK 12 ASSUMPTIONS
■ No more than three (3) meetings will be attended by Consultant. ■ City will provide existing permits and background information.
EXHIBIT A
#22..
- 1254 -
PROJECT FEE ESTIMATE
Principle-inChargeProject
Manager
Project
Engineer
Technical
Advisor
Process
Engineer Local Limits Document Processing
Project
Manager
Technical
Advisor Hydrologist Project Engineer
Technical
Advisor
HydrogeologistSenior
Engineer
Staff
Engineer
Document
Processing
Ryan Sellman
Andre
Gharagozian
Christine
Polo Mike Britten John Witter
Kristel
BaumgardnerKranz Various Kathryn Gies Greg Chung David Jaffe Charles Hardy Tim Banyai Ken Loy Various Various Various $340 $360 $324 $360 $274 $274 $149 $15 $357 $361 $327 $307 $341 $327 $291 $208 $163 5% Task 1 Project Management and Meetings 38 84 24 8 8 - 16 178 $58,392 $2,670 $500 80 4 - 12 6 - 6 6 - 114 $38,728 $290 $1,952 $63,514 $39,018 $102,532
1.1 Project Management 30 72 16 0 0 0 0 118 $41,304 $1,770 $0 72 4 0 0 0 0 0 0 0 76 $27,148 $0 $1,358 $44,432 $27,148 $71,580
1.2 Kickoff Workshop and Site Visit 8 12 8 8 8 0 16 60 $17,088 $900 $500 8 0 0 12 6 0 6 6 0 38 $11,580 $290 $594 $19,082 $11,870 $30,952 Task 2 Flows and Loads Analysis 4 4 16 2 8 - - 34 $10,896 $510 $500 24 4 - 60 - - - 116 12 216 $54,516 $290 $2,741 $14,647 $54,806 $69,453
2.1 Flows and Loads Analysis 4 4 16 2 8 0 0 34 $10,896 $510 $500 24 4 0 60 0 0 0 116 12 216 $54,516 $290 $2,741 $14,647 $54,806 $69,453 Task 3 Process Modeling Update 8 18 12 8 48 - - 94 $29,120 $1,410 $1,000 36 - - 64 - - - 112 4 216 $56,448 - $2,824 $34,354 $56,448 $90,802
3.1 BNR / Tertiary System Model 4 10 4 4 40 0 0 62 $18,656 $930 $500 4 0 0 0 0 0 0 0 0 4 $1,428 $0 $72 $20,158 $1,428 $21,586
3.2 Pond-Based System Model 2 4 4 2 4 0 0 16 $5,232 $240 $500 16 0 0 40 0 0 0 80 0 136 $34,632 $0 $1,732 $7,704 $34,632 $42,336
3.3 Technical Memorandum 2 4 4 2 4 0 0 16 $5,232 $240 $0 16 0 0 24 0 0 0 32 4 76 $20,388 $0 $1,020 $6,492 $20,388 $26,880 Task 4 Assess Current and Future Regulatory Requirements 2 4 8 2 - 4 4 24 $7,124 $360 $1,000 16 - - 40 - - - 24 8 88 $24,288 - $1,215 $9,699 $24,288 $33,987
4.1 Current and Future Regulatory Requirements 2 4 8 2 0 4 4 24 $7,124 $360 $1,000 16 0 0 40 0 0 0 24 8 88 $24,288 $0 $1,215 $9,699 $24,288 $33,987 Task 5 Flood Protection Evaluation for Sutter and Jennings Campuses 14 20 6 10 - - - 50 $17,504 $750 $1,000 26 - 186 - - - - 440 20 672 $164,884 $290 $8,261 $27,515 $165,174 $192,689
5.1 Document Review 2 2 0 2 0 0 0 6 $2,120 $90 $0 2 0 12 0 0 0 0 76 0 90 $20,446 $0 $1,023 $3,233 $20,446 $23,679
5.2 Review of Hydrulic Models by Others 2 2 2 2 0 0 0 8 $2,768 $120 $0 0 0 16 0 0 0 0 28 0 44 $11,056 $0 $553 $3,441 $11,056 $14,497
5.3 Technical Memorandum 2 8 2 2 0 0 0 14 $4,928 $210 $0 12 0 22 0 0 0 0 40 8 82 $21,102 $0 $1,056 $6,194 $21,102 $27,296
5.4 Meetings 6 6 2 2 0 0 0 16 $5,568 $240 $1,000 12 0 16 0 0 0 0 16 0 44 $12,844 $290 $657 $7,465 $13,134 $20,599
5.5 Modeling Evaluation 2 2 0 2 0 0 0 6 $2,120 $90 $0 0 0 120 0 0 0 0 280 12 412 $99,436 $0 $4,972 $7,182 $99,436 $106,618 Task 6 Evaluation of Improvement Projects 96 160 428 66 846 - 36 1632 $489,840 $24,480 $3,500 178 48 8 144 54 30 112 342 26 942 $263,888 $1,450 $13,272 $531,092 $265,338 $796,430
6.1 Rehabilitation of Remaining Facilities at the Sutter Plant 4 8 0 8 12 0 0 32 $10,408 $480 $500 48 0 8 0 36 12 48 76 8 236 $67,032 $290 $3,367 $14,755 $67,322 $82,077
6.2 Alternatives for Expanding Treated Effluent Flow at Jennings 28 28 10 28 20 - - 114 $38,400 $1,710 $1,000 62 - - 96 18 - 24 148 12 360 $97,468 $290 $4,890 $46,000 $97,758 $143,758
6.2.1 Alternatives Development and Screening 12 12 4 12 8 0 0 48 $16,208 $720 $0 12 0 0 16 0 0 0 16 0 44 $12,524 $0 $627 $17,555 $12,524 $30,079
6.2.2 Alternatives Evaluation and Life-Cycle Cost Estimates 12 12 4 12 8 0 0 48 $16,208 $720 $1,000 26 0 0 56 12 0 16 92 0 202 $54,358 $290 $2,733 $20,661 $54,648 $75,309
6.2.3 Technical Memorandum 4 4 2 4 4 0 0 18 $5,984 $270 $0 24 0 0 24 6 0 8 40 12 114 $30,586 $0 $1,530 $7,784 $30,586 $38,370
6.3 Alternatives Analysis of New Solids Handling Facilities at Jennings 50 76 406 26 652 - 36 1246 $369,276 $18,690 $1,000 48 40 - 24 - - 40 80 6 238 $68,202 $290 $3,426 $392,392 $68,492 $460,884
6.3.1 Alternatives Development and Screening 20 24 60 8 80 0 0 192 $59,680 $2,880 $500 12 12 0 0 0 0 0 0 0 24 $8,616 $0 $431 $63,491 $8,616 $72,107
6.3.2 Alternatives Evaluation and Life-Cycle Cost Estimates 20 40 290 12 480 0 24 866 $254,576 $12,990 $500 8 12 0 0 0 0 0 0 0 20 $7,188 $290 $374 $268,440 $7,478 $275,918
6.3.3 Technical Memorandum 8 8 40 4 60 0 12 132 $38,228 $1,980 $0 8 8 0 0 0 0 0 0 0 16 $5,744 $0 $288 $40,496 $5,744 $46,240
6.3.4 DryVac Evaluation 2 4 16 2 32 56 $16,792 $840 20 8 0 24 0 0 40 80 6 178 $46,654 $2,333 $19,965 $46,654 $66,619
6.4 Near-Term Jennings Campus Facility Improvements 6 8 4 2 2 0 0 22 $7,484 $330 $500 12 8 0 24 0 18 0 38 0 100 $28,330 $290 $1,431 $9,745 $28,620 $38,365
6.5 Primary Facilities Relocation 8 40 8 2 160 0 218 $64,272 $3,270 $500 8 0 0 0 0 0 0 0 0 8 $2,856 $290 $158 $68,200 $3,146 $71,346 Task 7 Implementation Plan 8 30 120 8 120 - 40 326 $94,120 $4,890 $500 20 4 - 20 10 - 8 16 - 78 $23,790 $290 $1,204 $100,714 $24,080 $124,794
7.1 Implementation Plan 8 30 120 8 120 0 40 326 $94,120 $4,890 $500 20 4 0 20 10 0 8 16 0 78 $23,790 $290 $1,204 $100,714 $24,080 $124,794 Task 8 Feasibility Study Report 4 40 40 4 40 - 24 152 $44,696 $2,280 $500 24 2 2 40 4 - - 40 24 136 $35,820 $290 $1,806 $49,282 $36,110 $85,392
8.1 Feasibility Study Report 4 40 40 4 40 0 24 152 $44,696 $2,280 $500 24 2 2 40 4 0 0 40 24 136 $35,820 $290 $1,806 $49,282 $36,110 $85,392 174 360 654 108 1070 4 120 2490 $751,692 $37,350 $8,500 404 62 196 380 74 30 126 1096 94 2462 $662,362 $2,900 $33,275 $830,817 $665,262 $1,496,079 Task 9 Capacity Evaluation 3 4 1 4 8 4 - 24 $7,512 $360 $500 24 10 - 100 10 - 30 29 8 211 $62,354 - $3,119 $11,491 $62,354 $73,845
9.1 Capacity Analysis 2 2 0 2 4 2 0 12 $3,764 $180 $500 16 8 0 70 0 0 20 15 0 129 $39,030 $0 $1,952 $6,396 $39,030 $45,426
9.2 Executive Summary 1 2 1 2 4 2 0 12 $3,748 $180 $0 8 2 0 30 10 0 10 14 8 82 $23,324 $0 $1,167 $5,095 $23,324 $28,419 Task 10 Local Limits Evaluation 32 36 24 8 16 190 16 322 $93,324 $4,830 $3,000 - - - - - - - - - - - - - $101,154 - $101,154
10.1 Local Limits Evaluation 4 8 16 2 8 120 4 162 $45,812 $2,430 $500 0 0 0 0 0 0 0 0 0 0 $0 $0 $0 $48,742 $0 $48,742
10.2 Stakeholder Meeings (3 total) 24 24 8 2 0 40 8 106 $32,264 $1,590 $1,500 0 0 0 0 0 0 0 0 0 0 $0 $0 $0 $35,354 $0 $35,354
10.3 Staff Training 4 4 0 4 8 30 4 54 $15,248 $810 $1,000 0 0 0 0 0 0 0 0 0 0 $0 $0 $0 $17,058 $0 $17,058 Task 11 Capacity and Loadings Allocations 4 8 8 - 8 160 - 188 $52,864 $2,820 $500 - - - - - - - - - - - - - $56,184 - $56,184
11.1 Capacity Allocation and Permit Limits for Industrial Users 4 8 8 0 8 160 0 188 $52,864 $2,820 $500 0 0 0 0 0 0 0 0 0 0 $0 $0 $0 $56,184 $0 $56,184
11.2 Stakeholder Meeings (included in Task 10.2) 0 0 0 0 0 0 0 0 $0 $0 $0 0 0 0 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 Task 12 Industrial User and Waste Hauler Permit Templates 8 8 18 2 8 144 20 208 $56,780 $3,120 $750 - - - - - - - - - - - - - $60,650 - $60,650
12.1 Review Pretreatment Compliance Inspection Report Requirements 2 2 0 0 0 8 0 12 $3,592 $180 $0 0 0 0 0 0 0 0 0 0 0 $0 $0 $0 $3,772 $0 $3,772
12.2 Review Existing Pretreatment Permits 2 2 8 0 0 8 0 20 $6,184 $300 $0 0 0 0 0 0 0 0 0 0 0 $0 $0 $0 $6,484 $0 $6,484
12.3 Review Existing Waste Hauler Permits 2 2 8 0 0 8 0 20 $6,184 $300 $0 0 0 0 0 0 0 0 0 0 0 $0 $0 $0 $6,484 $0 $6,484
12.4 Develop Permit Templates 2 2 2 2 8 120 20 156 $40,820 $2,340 $750 0 0 0 0 0 0 0 0 0 0 $0 $0 $0 $43,910 $0 $43,910 47 56 51 14 40 498 36 742 $210,480 $11,130 $4,750 24 10 0 100 10 0 30 29 8 211 $62,354 $0 $3,119 $229,479 $62,354 $291,833 221 416 705 122 1110 502 156 3232 $962,172 $48,480 $13,250 428 72 196 480 84 30 156 1125 102 2673 $724,716 $2,900 $36,394 $1,060,296 $727,616 $1,787,912 Total West
Yost Fee
TOTAL (BASE PROJECT)
Total Fee
Tasks
Carollo Hours
Carollo Labor
Costs
PECE West Yost
Hours
West Yost
ODCs
Carollo Fee West Yost Fee Total
TOTAL PROJECT
West Yost
Labor Costs
Sub. Markup
Total Carollo
ODCs Fee
SUB TOTAL TASKS 9 - 12
Task Number Task Description
EXHIBIT B
#22..
- 1255 -
CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
June 11, 2024
Date: April 15, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Fiscal Year 2024-25 Annual Assessment for Landscape Maintenance Assessment District No. 1
CONTACT: Edgar Garcia, Community Development Manager
[email protected], 209-577-5211
DESCRIPTION:
Hearing to consider approving Fiscal Year 2024-25 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6. (Funding Source: Landscape Maintenance District No. 1)
STRATEGIC PLAN ELEMENT:
The recommended action supports the City of Modesto’s 2020-2025 Strategic Plan, Goal D to provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.
BACKGROUND:
Landscape Maintenance Assessment District No. 1 (LMAD No.1) was formed on December 12, 1988, in accordance with California Streets and Highways Code Sections 22500 through 22679, to fund landscape maintenance in the public right-of way within street medians and areas adjacent to the concrete block walls in Dry Creek Subdivisions Nos. 1 through 6. LMAD No. 1 is located east of North McClure Road and southwest of Modesto Irrigation District Lateral No. 2 and Claus Road. A boundary map is provided as attachment 2.
Section 22620 et. Seq. of the Act require the legislative body (the Council) to take the following actions prior to August 10th of each year:
1. Adopt a resolution which generally describes any proposed new improvements or any substantial changes in existing improvements and orders the preparation and filing of the Annual Engineer’s Report. This action was taken by Council on February 27, 2024 by Resolution 2024-54.
#23..
- 1256 -
City Council, June 11, 2024
Fiscal Year 2024-25 Annual Assessment for Landscape Maintenance Assessment District No. 1
2. Adopt a resolution approving the Engineer’s Annual Report as submitted or as modified by the City Council. This action was taken by Council on April 09, 2024 by Resolution 2024-114.
3. Adopt a resolution of intention to levy and collect assessments within LMAD No. 1 for the fiscal year. This action was taken by Council on April 09, 2024 by Resolution 2024-114.
4. Conduct a public hearing.
5. Adopt a resolution confirming the diagram and assessment as originally proposed or as changed by the legislative body.
DISCUSSION:
When LMAD No. 1 was formed, no annual escalator was adopted. Annual assessments in LMAD No. 1 have remained the same since 1988. No new improvements or substantial changes to the existing improvements are being proposed.
The City Clerk gave notice of tonight’s public hearing by publishing the appropriate notice in the Modesto Bee on May 31, 2024. All interested people will be afforded an opportunity to be heard during the public hearing. Should there be any protests, whether written or oral, the Council may choose to continue the hearing to a later date, may change any part of the Engineer’s Annual Report to address the concerns of the property owner(s), or may adopt the assessment as proposed.
FISCAL IMPACT:
In Fiscal Year 2023-24, $19,474 was levied within LMAD No. 1 and its projected expenses were $21,106.
The projected expenses for Fiscal Year 2024-25 are $22,921, and its projected revenue is $19,474, with the difference being made up from fund balance. The expenses include contracted maintenance expenses, utility service charges, and City staff time associated with administration and maintenance of LMAD No. 1. It is expected that all expenses for LMAD No. 1 will be paid by the assessments levied on properties within LMAD No. 1. All Single-family residential parcels are levied at a flat rate of $26.00 per parcel. The annual assessments levied are calculated by multiplying the total number of parcels by the flat rate. Each parcel receives equal benefits from the District.
Each year the annual assessment uses a standard formula to calculate its fees: estimated operation and maintenance costs for the current year minus the fund balance from the previous year and estimated property tax revenue for current year plus number of benefitting parcels in the district and $1.50 parcel administrative charge.
The Stanislaus County Auditor-Controller’s Office, Property Taxes and Assessments Division, collects a $0.20 fee per assessment and per parcel. This fee is built into the annual assessment being levied for LMAD No. 1.
#23..
- 1257 -
City Council, June 11, 2024
Fiscal Year 2024-25 Annual Assessment for Landscape Maintenance Assessment District No. 1
COMMITTEE RECOMMENDATION:
This item is an annual report and is not required to be presented to a Council Committee.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Fiscal Year 2024-25 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6.
Approved by:
Jessica Hill, Director of Community
and Economic Development
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. LMAD No. 1 Boundary Map
3. LMAD No. 1 2024-25 Engineer’s Annual Report
#23..
- 1258 -
6/11/2024/CEDD/PIbrahim/Item # 1 2024-xxx
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX
RESOLUTION APPROVING THE FISCAL YEAR 2024-25 DIAGRAM AND
ANNUAL ASSESSMENT, AND ORDERING THE LEVY AND COLLECTION OF
CHARGES WITHIN LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1 FOR DRY CREEK MEADOWS SUBDIVISIONS NOS. 1-6
WHEREAS, on April 09, 2024, by Resolution No. 2024-114, Council declared its intent to levy charges or assessment for the purpose of administering the maintenance of landscaping in the public right-of-way within the street medians and adjacent to the access control walls in Dry Creek Meadows Subdivisions Nos. 1-6 under the provisions of the California Streets and Highways Code Sections 22500 through 22679, more commonly known as the Landscape and Lighting Act of 1972; and WHEREAS, the charges against the real property are not levied with regard to property values but rather by the allocated cost shown within the Engineer’s Annual Report; and
WHEREAS, the amount of the assessment for Fiscal Year 2024-25 will not increase over the amount imposed for Fiscal Year 2023-24, it will remain at $19,474; and WHEREAS, a public hearing was held on June 11, 2024; and WHEREAS, the City of Modesto has determined and certifies that the charges are either exempt from or in compliance with all the provisions of Proposition 218, which was passed by the voters in November 1996. The City of Modesto has further determined the charges are in compliance with all the laws pertaining to the levy of such charges.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that is hereby orders the levy and collection of such charges as shown within the #23..
- 1259 -
6/11/2024/CEDD/PIbrahim/Item # 2 2024-xxx
Engineer’s Annual Report within the City of Modesto Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6 for Fiscal Year 2024-25, and in each subsequent fiscal year in which the charges may validly be levied.
BE IT FURTHER RESOLVED that a certified copy of this resolution and attached documentation shall be delivered to the Auditor-Controller of the County of Stanislaus for placement of such charges on the 2024-25 County Tax Roll, and in each subsequent fiscal year in which the charges may validly be levied.
BE IT FURTHER RESOLVED that the diagram of said assessment district, which is attached hereto, and amount of levy thereon is hereby confirmed. #23..
- 1260 -
6/11/2024/CEDD/PIbrahim/Item # 3 2024-xxx
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of June, 2024, by Councilmember _____, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers: Name, Name, Name, Name, Name, Name, Mayor Name
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: _____________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ______________________________
JOSE M. SANCHEZ, City Attorney
#23..
- 1261 -
6/11/2024/CEDD/PIbrahim/Item # 4 2024-xxx
#23..
- 1262 -
CLAUS RD
N MC CLURE RD
MECHALYS WY
MID LATERAL NO 2
079001001
068024003
079015001
079015002
033047025
009001014
068023009
009001017 009001018 009001025
068023008
014037060
009001024
068018010
079009062
009001024
079002073
079002080
079009031
079002076
079007022
079002052
033092002
079017035
079016043
079004024
079006009
033091088
079005002
009001021
079008048
079002030
079007023
079009030
079005007
079018025
079005036
079005032
079007046
079005009
079007048
079002039
079017043
079009036
079006049
079002082
079017044
079002051
079017037
079017038
079005004
079008047
079019013
079005030
079002040
079009061
079019047
079002020
079005011
079002072
079007041
079017036
079005003
079002061
079007017
079005010
079002079
079007047
079017039
079005031
079002031
079002029
079002050
079017042
079017045
079003046
079008045
079007040
079005037
079016044
079004048
079014007
079002038
079003027
079009003
079005005
079002060
079010027
079002048
079013052
033092080
079009004
079004030
033091079 033092092
079005008
079005021
079013006
079008062 079008029
079003032
079003007
079012053
079016002
079012007 079011001
079007021
079003006
079009029
079017034
079010009
079006025
079016042
079018032
079003028
079009005
079002028
079007057
079010036
079007052
079003001
079014033
079014053
079011027
079009049 079009016 079009017 079009048
079007024
079007020
079005017
079010034
079016051
079002078
079003033
079017040
079008049
079010028
079011047
079005025
079016001
079010035
079007050
079002070
079002049
079007039
079008032
079017029
079009006
079017054
079019008
079010026
079017006 079017007
079008001 079008028
079005028 079016026
033091085
079004025
079008058
079003047
079004069
079008034
079008035
079008036
079008037
079008040
079008038
079008039
079007001
079009060
079002011
079011021
079009011
079018011
079008053
079008052
079008054
079008055
079008056
079008057
079009010
079016004
079016003
079008033 079002025
079019028
079005016
079013026 079016020
079017013 079003017
079006037
079003016
079002010
079017017 079018047
079007032
079014027
079008015
079006038
079002034
079008014
079002035
079012033
079003055
079012027 079013032
079003056
079009012
079009056
079008059
079012006
079019001
079010001
079006001
079017041
079008051
079002053
079006008
079011019
079009013
079011018
079019046
079017046
079005038
079009055
079009054
079010054
079009053
079019012
079004049
079009009
079014052
079014051
079003043
079003044
079003045
079003041
079002001
079009044
079009025
079008041
079003042
079009043
079009042
079009039
079009040
079009041
079009007
079009020 079009052
079008061
079008060
079008050
079008042
079008044
079008043
079008030
079008031
079007053
079005020
079005019
079005018
079009023
079009057
079009045
079009058
079009021
079011017
079011020
079009024
079002019
079011030
079011029
079002071
079009038
079009022
079014008
079011028
079002041
079002044
079002042
079014010
079002043
079011031
079014009
079011032
079002074
079003011
079009008
079005024
079007011
079007018
079016041
079003005
079007013
079007028
079007026
079002037 079002032
079014050
079005012
079009037
079009027
079009026
079009028
079009015 079002033 079002036
079009014
079009018
079009051 079009046 079009019
079009047 079009050
079003004
079009059
079005022
079005023
079003003
079007051
079003002
079019045
079007010
079007016
079010007
079016046
079008011
079010008
079007009
079007008
079010005
079003013
079003012
079013011
079010006
079016047
079007004
079007007
079007014
079007006
079007015
079007005
079007003
079007025
079003010
079013049
079002024
079003008
079010021
079003009
079012024
079013051
079012025
079013048
079012023
079010023
079007027
079008046
079012022
079010011
079012021
079007019
079013050
079013007
079007012 079010010
079012040
079013012
079008002 079008027
079008013 079008016
079008008
079008010 079008019
079008009
079008026
079008024
079008023 079008006
079008021
079008004
079008003
079008005
079008007
079008018 079009033
079008022
079008020
079008025
079008012 079008017
079009034
079007036
079007038
079007034
079007033
079007035
079007037
079014011
079012039
079007002
079016049
079010018
079010017
079010016
079010014
079003031
079012035
079012016
079013008
079010004
079016050
079011011
079013009
079010020
079010022
079012036
079013047
079012047
079013010
079012037
079011004
079011046
079012011
079012026
079010015
079010013
079010012
079003022
079003026
079003025
079014035
079012046
079014016
079003024
079012038
079003036
079005001
079019022
079003020
079011040
079011041
079011039
079011042
079011002
079011043
079011037
079011044
079013021
079013022
079013020
079011038
079009035
079013023
079013019
079012050
079010019
079012051
079013024
079013018
079013017
079003039
079003018 079003015
079012049
079019007
079019006
079003021
079012052
079003037
079003038
079011003
079003023
079011012
079012034
079002058
079011007
079011008
079011010
079011006
079019010
079011009
079014024
079016045
079003051
079017011
079006010
079011036
079016011
079013036
079019025
079019026
079019027
079013042
079019024
079012014
079012008
079019017
079013041
079003035
079019016
079019021
079019018
079013034
079019019
079012009
079012012
079012010
079019015
079013040
079019020
079018030
079018029
079013035
079019014
079013039
079014015
079013038
079013037
079012013
079011045
079012048
079012045
079017025
079014026
079003052
079003034
079012015
079019030
079019029
079016025
079016024
079014019
079014020
079014021
079014018
079014022
079013025
079002056
079014023
079018041
079004026
079019009
079002023
079010041
079003049
079011005
079003054
079003048
079010044
079016048
079011013
079017053
079019023
079017051
079017052
079017050
079013033
079002063
079014045
079014037
079016038
079016031
079014038
079014044
079014043
079014039
079014042
079014040
079014041
079012020
079002067
079018006
079002015
079018009
079017009
079018007
079002006
079002013
079017012
079002008
079017010
079002002
079002003 079002018
079018005
079002017
079002012
079018010
079002016
079017027
079021010
079017005
079017003
079017018
079017023
079018008
079002007 079002014
079018003
079018002
079017028
079002004
079004038
079017004
079017002
079017008
079004046
079018004
079017001
079002005
079017020
079017021
079002009
079004034
079021001
079018001
079004047
079003019 079003014
079003053
079019005
079002065
079016012
079016013
079016010
079016014
079010052
079010051
079010050
079018037
079018036
079016007
079018035
079016017
079010047
079010046
079018034
079016006
079010045
079018040
079016018
079018033
079016016
079010048
079016008
079020001
079018039
079002066
079010053
079016028
079002022
079016029
079016040
079012041
079016039
079016030
079002064
079016032
079016037
079016033
079016036
079016034
079016035
079018028
079018038
079016009
079016015
079003050
079017033
079002068
079010049
079004041
079014036
079004042
079004022
079013046
079016019
079006029
079014046
079016027
079014017
079004045
079002054
079018016
079007029
079014034
079017049
079010043
079002057
079016005
079010042
079014025
079016023
079017032
079002062
079019044
079017019
079017022
079017024
079004036
079004031
079004040
079004037
079004033
079004035
079004039
079006034
079004032
079006036
079006032
079006033
079006035
079006027
079006028
079006043
079006041
079006039
079006042
079006040
079007043
079018020
079009032
079011035
079011014
079004044
079007056
079019011
079002055
079003029
079011033
079011016
079011024
079011022
079011026
079011025
079006011
079004011
079011023
079006030
079006031
079002059
079006006
079013043
079018018
079018019
079018024
079018023
079018021
079018022
079017031
079013016
079004043
079004056
079011015
079011034
079010037
079013013
079017026
079005014
079005015
079005013
079018042
079010025
079010038
079005034
079004054
079017030
079007055
079004001
079006045
079006044
079010003
079019043
079007054
079014049
079014012
079005035
079018017
079006007
079004055
079007044
079012030
079014003
079013004
079012004
079014001
079013005
079012003
079014005
079014004
079013001
079013002
079013003
079014006
079012032
079012002
079012001
079014002
079013030
079014029
079013031
079012005
079014031
079018026
079013027
079013029
079014028
079013028
079016021
079014030
079012031
079010024
079018012
079017016
079014032
079016022
079018046
079007030
079010039
079017048
079018027
079017014
079018014
079014048
079007031
079013015
079018045
079017015
079017047
079018044
079012042
079018043
079012043
079019004
079013014
079010002
079019003
079018013
079013045
079019002
079018015
079010031
079013044
079014013
079006004
079004018
079006021
079006016
079006012
079006002
079012044
079004016
079004015
079010029
079010030
079004005
079004068
079006014
079012029
079006023
079006022
079006018
079006019
079010033
079012028
079006024
079004003
079004010
079004004
079004051
079004002
079004052
079004061
079004060
079004059
079006026
079006003
079006017
079010032
079006013
079004013
079004050
079004012
079004062
079004065
079004006
079004009
079004020
079005039
079004063
079004058
079004007
079004064
079004019
079004029
079004067
079004066
079006015
079006048
079006020
079005042
079005041
079004014
079006047
079004008
079004017
079004027
079005043
079005040
079004028
079005026
079005027
079012018
079012019
079004021
079003030
079002069
079014014
079014047
079004057
079006046
079004053
079012017
079006005
079007042
079010040
068023007
033090073
033090074
033090075
033090076
033090077
033090078
033090079
033090080
033091084
033091083
079021002 079021009
033092087
079005006
079007049
079002021
033092086
033092085
079005029
079004023
079007045
079005033
033090072
033092079
033091087
033091086
033092094
033092093
033091082
033091081
033091080
079019042
033091089
079019041 079021011 079021016 079019040 079021017 079019031 079021018
079021015
079021013079021014
079021019079021020 079019039079019037 079019033
079021021
079021023 079018031 079020016 079019036
CLAUS RD
WADDELL WY
N MC CLURE RD
CREEKWOOD DR
CODINGTON WY
ARDIA AVE
WICHITA WY
REDFIELD AVE
DRY CREEK DR
MECHALYS WY
GATESVILLE AVE
ELLENBORO AVE
DILLINGHAM AVE
MILBANK DR
LOUISBURG AVE
WILKESBORO AVE
CREEDMOOR AVE
LAURENBURG AVE
BERESFORD DR
SHARPSBURG DR
BALFOUR LN
ASHEBORO LN
HIGHMORE LN
EFFINGHAM LN
LARNED LN
ANSONVILLE LN
CARRBORO LN
MELBOURNE DR
SALINA DR
PARKSTON CT
SPINDALE DR
LEAVENWORTH WY
WILMONT LN
BATTLEBORO CT
CHADBURN CT
GARST RD
EDENTON WY
SCHUYLER WY
PARSONS CT
GOODLAND CT
SUNBURY CT
MID LATERAL NO 2
Assessment District Diagram
Landscape Maintenance Assessment District No. 1
(Dry Creek Meadows Subdivisions No. 1 - 6)
250 125 0 250
Feet Date: 1/12/2024
Document Path: K:\Projects\Maintenance\Mxd\landscape-d1-20240112.mxd #23..
- 1263 -
#23..
- 1264 -
#23..
- 1265 -
#23..
- 1266 -
#23..
- 1267 -
#23..
- 1268 -
#23..
- 1269 -
#23..
- 1270 -
#23..
- 1271 -
#23..
- 1272 -
#23..
- 1273 -
#23..
- 1274 -
#23..
- 1275 -
#23..
- 1276 -
#23..
- 1277 -
#23..
- 1278 -
#23..
- 1279 -
#23..
- 1280 -
#23..
- 1281 -
#23..
- 1282 -
#23..
- 1283 -
#23..
- 1284 -
#23..
- 1285 -
#23..
- 1286 -
CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
June 11, 2023
Date: April 15, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Fiscal Year 2024-25 Annual Assessment for Landscape Maintenance Assessment District No. 2
CONTACT: Edgar Garcia, Community Development Manager,
[email protected], 209-577-5211
DESCRIPTION:
Hearing to consider approving Fiscal Year 2024-25 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision and Yosemite Meadows Subdivisions Units 1 and 2. (Funding Source: Landscape Maintenance District No. 2)
STRATEGIC PLAN ELEMENT:
The recommended action supports the City of Modesto’s 2020-2025 Strategic Plan, Goal D to provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.
BACKGROUND:
On April 4, 1989, the Landscape Maintenance Assessment District No. 2 (LMAD No. 2), was formed in accordance with California Streets and Highways Code Sections 22500 through 22679, more commonly known as the Landscape and Lighting Act of 1975 (the Act). LMAD No. 2 provides funding for the landscape maintenance in the public right-of way within street medians and areas adjacent to the concrete block walls in Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Units 1 and 2. LMAD No. 2 is located east of North McClure Road, south of Mechalys Way, west of Yosemite Meadows Drive, and north of Yosemite Boulevard. A boundary map is provided as Attachment 2. #24..
- 1287 -
City Council, June 11, 2024
Fiscal Year 2024-25 Annual Assessment for Landscape Maintenance Assessment District No. 2
Section 22620 et. Seq of the Act requires the legislative bod (the Council) to take the following actions prior to August 10th of each year:
1. Adopt a resolution which generally describes any proposed new improvements or any substantial changes in existing improvements and orders the preparation and filing of the Annual Engineer’s Report. This action was taken by Council on February 27, 2024 by Resolution 2024-55
2. Adopt a resolution approving the Engineer’s Annual Report as submitted or as modified by the City Council. This action was taken by Council on April 09, 2024 by Resolution 2024-113
3. Adopt a resolution of intention to levy and collect assessments within LMAD No. 1 for the fiscal year. This action was taken by Council on April 09, 2024 by Resolution 2024-113
4. Conduct a public hearing.
5. Adopt a resolution confirming the diagram and assessment as originally proposed or as changed by the legislative body.
DISCUSSION:
In June 2000, staff successfully completed a Proposition 218 ballot measure which increased the annual assessment and added an annual inflator based on the Building Cost Index (BCI).
On June 6, 2000, the Council ordered the hearing scheduled for July 25, 2000 (Resolution 2000-276). Ballots were then mailed to all LMAD No. 2 property owners asking them to approve an increase in the Fiscal Year 2000-01 assessment and an increase based on the BCI. On July 25, 2000, the Council oversaw the counting of the ballots; the results of the election were as follows: 127.34 in favor and 98.1 opposed. The Council then ordered the levy and collections of charges within LMAD No. 2 (Resolution 2000-394).
Annual assessments in LMAD No. 2 have risen incrementally since 2001 pursuant to the annual adjustment. The inflator was applied when the LMAD No. 2 had a negative reserve balance, with the exception of Fiscal Year 2014-15 when no increase was applied. The proposed assessment increase for LMAD No. 2 for Fiscal Year 2024-25 results in an assessment of $34,202.90 ($254.92 per acre for commercial properties and $50.16 for each residential property). The annual assessment is adjusted according to the BCI for the San Francisco Bay Area as reported in the Engineering News Record the second week of March. The annual adjustment for Fiscal Year 2024-25 is 7.013%.
The City Clerk gave notice of tonight’s public hearing by publishing the appropriate notice in the Modesto Bee on May 13, 2024. All interested people will be afforded an opportunity to be heard during the public hearing. Should there be any protests, whether written or oral, the Council may choose to continue the hearing to a later date, may change any part of the Engineer’s Annual Report to address the concerns of the property owner(s), or may adopt the assessment as proposed.
#24..
- 1288 -
City Council, June 11, 2024
Fiscal Year 2024-25 Annual Assessment for Landscape Maintenance Assessment District No. 2
FISCAL IMPACT:
In Fiscal Year 2023-24, the total assessment levied was $31,961.29, and its projected expenses were $23,567.
The projected expenses for Fiscal Year 2024-25 are $32,797, while the projected revenue is $34,521. The expenses include contracted maintenance expenses, utility service charges, and City staff time associated with administration and maintenance of LMAD No. 2. Additional revenue stays within the LMAD No. 2 fund balance and will cover any unanticipated expenses that occur for LMAD No. 2. Staff is assessing qualifying areas in LMAD No. 2 for additional clean-up and maintenance with the excess revenue that has been deferred in prior years. It is the expectation that all expenses for LMAD No. 2 will be paid by the assessments levied on properties within LMAD No. 2. Excess revenues collected are deposited into LMAD No. 2’s reserve funds.
Each year the annual assessment uses a standard formula to calculate its fees: estimated operation and maintenance costs for the current year minus the fund balance from the previous year and estimated property tax revenue for current year plus number of benefitting parcels in the district and $1.50 parcel administrative charge.
The Stanislaus County Auditor-Controller’s Office, Property Taxes and Assessments Division, collects a $0.20 fee per assessment and per parcel. This fee is built into the annual assessment being levied for LMAD No. 2.
COMMITTEE RECOMMENDATION:
This item is an annual report and is not required to be presented to a Council Committee.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Fiscal Year 2024-25 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivision Units 1 and 2.
#24..
- 1289 -
City Council, June 11, 2024
Fiscal Year 2024-25 Annual Assessment for Landscape Maintenance Assessment District No. 2
Approved by:
Jessica Hill, Director of Community
and Economic Development
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. LMAD No. 2 Boundary Map
3. LMAD No. 2 202-25 Engineer’s Annual Report
#24..
- 1290 -
6/11/2024/CEDD/PIbrahim/Item # 1 2024-xxx
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX
RESOLUTION APPROVING THE FISCAL YEAR 2024-25 DIAGRAM AND
ANNUAL ASSESSMENT, AND ORDERING THE LEVY AND COLLECTION OF
CHARGES WITHIN LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 2 FOR DRY CREEK MEADOWS SUBDIVISIONS NOS. 7-10, CREEKWOOD
MEADOWS SUBDIVISION, AND YOSEMITE MEADOWS SUBDIVISION
UNITS 1 AND 2
WHEREAS, on April 09, 2024, by Resolution No. 2024-113, Council declared its intent to levy charges or assessment for the purpose of administering the maintenance of landscaping in the public right-of-way within the street medians and adjacent to the access control walls in Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivision Units 1 and 2 under the provisions of the California Streets and Highways Code Sections 22500 through 22679, more commonly known as the Landscape and Lighting Act of 1972; and WHEREAS, the charges against the real property are not levied with regard to property values but rather by the allocated cost shown within the Engineer’s Annual Report; and
WHEREAS, the increase in the annual assessment is less than or equal to the annual inflator previously approved by the property owners within the District; and WHEREAS, the annual assessment is to adjust annually according to the BCI for the San Francisco Bay Area as reported in the Engineering News Record the second week of March; and
WHEREAS, the annual adjustment for fiscal year 2024-25 is 7.013%; and WHEREAS, the annual assessment for Fiscal Year 2024-25 is $34,521, while its #24..
- 1291 -
6/11/2024/CEDD/PIbrahim/Item # 2 2024-xxx
projected expenses are $32,797; and
WHEREAS, any additional revenue stays within the LMAD No. 2 Fund balance and will cover any unanticipated expense that occur for LMAD No. 2; and WHEREAS, the levy for Fiscal Year 2023-24 was $31,961.29 and the projected expenses are $23,567; and
WHEREAS, a public hearing was held on June 11, 2024; and WHEREAS, the City of Modesto has determined and certifies that the charges are either exempt from or in compliance with all the provisions of Proposition 218, which was passed by the voters in November 1996; and
WHEREAS, City of Modesto has further determined the charges are in compliance with all the laws pertaining to the levy of such charges.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that is hereby orders the levy and collection of such charges as shown within the Engineer’s Annual Report within the City of Modesto Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivision Units 1 and 2 for Fiscal Year 2023-24, and in each subsequent fiscal year in which the charges may validly be levied.
BE IT FURTHER RESOLVED that a certified copy of this resolution and attached documentation shall be delivered to the Auditor-Controller of the County of Stanislaus for placement of such charges on the 2024-25 County Tax Roll, and in each subsequent fiscal year in which the charges may validly be levied.
BE IT FURTHER RESOLVED that the diagram of said assessment district, which is attached hereto, and amount of levy thereon is hereby confirmed. #24..
- 1292 -
6/11/2024/CEDD/PIbrahim/Item # 3 2024-xxx
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of June, 2024, by Councilmember _____, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers: Name, Name, Name, Name, Name, Name, Mayor Name
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: _____________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ______________________________
JOSE M. SANCHEZ, City Attorney
#24..
- 1293 -
6/11/2024/CEDD/PIbrahim/Item # 4 2024-xxx
#24..
- 1294 -
YOSEMITE BLV
N MC CLURE RD
MECHALYS WY
YOSEMITE MEADOWS DR
CLAUS RD
079026013
079015001
009018067 036014003
036014006
036014002
079015002
036014001
079025020
079026008
079025011
079026014
036013021
079025003
009001025
079025019 079025017
079026005
079025018
079025005
079027097
009002005 009002001
033089030
079020035
079026011
079020036
079026012
079026010
079020006
033090001 033089029
079017035
079022025
079016043
079023067
079027018
079024013
079024025
079020024
079020031
079028060
079026006
079023075
079018025
079024049
079027044
079028062
009002004
079020032
079026007
079028041
079023069
079017043
079017044
079028061
079027019
079017037
079017038
079020023
079020033
079028009
079027063
079020026
079019013 079019047
079020012
079027017
079027088
079017036
079020030
079027086
079017039
079027020
079021026
079017042
079017045
079027096
079027030
079020007
009001024
079016044
079020034
079028070
079024050
079014007
079027050
079027062
079026009
079027077
079020017
079023039
079028037
079019033
079028081
079020027
079013052
079021032
079020011
079013006
079023073
079016002
079027051
079020005
033089002
079017034
079028056
079028079
079018032
079028055
079022024
079016042
079020010
079027043
079014033
079014053
079023068
079028059
079024012
079024026
033091088
079028024
079028025
079016051
079023029
079023060
079024014
079017040
079024024
079020021
079024027
079016001
079028040
079028008
079020016
079017029
079028010
079017054
079022046
079020022
079019008
079017006
079022005 079022004
079017007
079020018
079016026 079011027
079028080
079028054
079018011
079027029
079021011
079020028
079023049
079024032
079027001
079022023
079016004
079016003
033090072
079027045
079028068
079023070
079019028 079013026 079016020
079021047
079017013 079023019
079023018
079017017 079018047 079022009
079014027
079024041 079022043
079012033
079023044
079023001
079012027 079013032
079024042 079023043 079023059
079020015
079020014
033091079
079019001
079017041
079020029
079023071
079019046
079017046
079020037
079027021
079019012
079014052
079014051
079020025
079020009
079024046
079027087
079014008
079023030
079014010
079024003
079014009
079027049
079016041
079027076
079023055
079020020
079014050
079023020
079023022
079023058
079023057
079023056
079023021
079028065
079019045
079016046
079013011
079016047
079024004
079023031
079013049
079023023
079023036
079024031
079027016
079024030
079023034
079012024
079013051
079012025
079013048
079012023
079012022
079012021
079013050
079013007
079012040
079013012
079024016
079024018
079024020
079024022
079014011
079012039
079023033
079023032
079016049
079023028
079012035
079013008
079023027
079024001
079016050
079013009
079027047
079012036
079013047
079023035
079027046
079013010
079021031
079023025
079023026
079012037
079012026
079020019
079023024
079023011
079014035
079012046
079014016
079024023
079024002
079012038
079019022
079013021
079013022
079021016
079013020
079021018
079013023
079013019
079021019
079020003
079013024
079021020
079013018
079021021
079021022
079021023
079021024
079021025
079013017
079021017
079020002
079024015
079024017
079024019
079024021
079020001
079019007
079019006
079020004
079023061
079023062
079024029
079023065
079023064
079023066
079023063
079012034
079019010
079014024
079016045
079017011
079022037
079021030
079022017
079016011
079013036
079019025
079019026
079019027
079013042
079019024
079019017
079013041
079019016
079019021
079019018
079013034
079021027
079019019
079019015
079013040
079019020
079018030
079018029
079013035
079019014
079021028
079021029
079013039
079014015
079024028
079013038
079013037
079018031
079022022
079022018
079022021
079022019
079022020
079027048
079023003
079012045
079024006
079023007 079023012
079024009
079023004
079017025
079023015
079023016
079023008
079024045
079014026
079022016
079019032
079019031
079019030
079019029
079016025
079021041
079016024
079014019
079014020
079014021
079014018
079014022
079013025
079014023
079018041
079021033
079021035
079021034
079021036
079021037
079021038
033091085
079021039
079021040
079022015
079019009
079024010
079027085 079027089
079027082 079027092079027083079027081
079027080079027079
079027093
079027094
079027095
079027084 079027090
079027091
079027015
079016048
079022033
079022034
079022032
079022035
079022031
079022030
079017053
079019023
079017051
079017052
079017050
079013033
079014045
079022029
079014037
079016038
079016031
079014038
079014044
079014043
079014039
079014042
079014040
079014041
079028042
079012020
079018006
079018009
079017009
079018007
079021005
079017012
079017010
079021009
079022002
079018005
079021008
079022003
079021006
079022008
079021002
079018010
079022006
079017027
079021010
079017005
079021003
079017003
079017018
079017023
079018003 079018008
079018002
079017028
079021004 079021007
079017004
079022007
079017002
079017008
079018004
079017001
079022001
079017020
079017021
079021001
079018001
079024036
079024034
079011028
079019005
079022014
079028049
079028050
079016012
079016013
079016010
079016014
079018037
079018036
079028051
079016007
079018035
079016017
079018034
079016006
079018040
079022036
079024011
079027022
079016018
079018033
079016016
079016008
079018039
079016028
079024005
079016029
079016040
079012041
079016039
079016030
079016032
079016037
079016033
079016036
079016034
079016035
079018028
079018038
079016009
079016015
079017033
079027025
079027028
079027024
079027026
079027027
079014036
079028047
079028048
079028003
079013046
079016019
079024044
079028001
079023040
079014046
079019042
079016027
079014017
009002004
079028052
079027052
079018016
079027053
079027054079027055
079027056079027057
079014034
079017049
079028053
079028002
079016005
079014025
079028046
079027011
079019039
079012047
079028011
079016023
079019036
079017032
079019041
079019043
079019044
079021042
079017019
079017022
079017024
079019038
079027007
079018020
079019035
079027059
079019011
079027042
079027058
079022011
079011026
079011025
079028043
079027066
079013043
079018018
079018019
079018024
079018023
079019040
079018021
079018022
079019037
079019034
079028006
079017031
079028078
079013016
079027031
079028005
079028007
079023002
079013013
079023009
079023005 079023014
079024007
079023010
079023006
079023017
079024008
079023013
079017026
079024039
079023047
079022038 079018042
079027064
079017030
079027003
079027004
079027005
079027008
079027009079027010
079027012079027013
079027014
079027078
079027074
079028058
079028057
079027002
079014049
079014012
079027060
079018017
079028076
079028066
079028023079028022079028021
079028020079028019
079028018
079028044
079028045
079011029
079027023
079027067
079028004
079027073
079027072079027071
079027070079027069079027068
079020008
079028035
079028033079028032 079028067
079028036079028034
079012030
079014003
079013004
079014001
079013005
079014005
079014004
079013001
079013002
079014006
079013003
079012032
079014002
079013030
079028073
079014029
079013031
079014031
079018026
079013029
079013027
079014028
079013028
079016021
079014030
079021046
079012031
079028074
079018012
079017016
079016022
079028075
079014032
079028071
079018046 079021012
079028072
079017048
079021044
079017014
079018014
079018027
079014048
079021014
079013015
079017015
079018045 079021045
079022040
079017047
079022012
079021043
079022010
079018044
079012042
079022041
079018043
079012043
079019004
079013014
079019003
079022042
079018013
079013045
079021013
079019002
079022039 079018015 079022013
079013044
079021015
079014013
079012044
079012029
079012028
079028012
079028013079028014
079028015079028016079028017
079022045
079027040
079027038
079027036
079024033
079027035
079027033
079024043
079027041
079027037
079024035
079027039
079027034
079024040
079024037
079023046
079023042
079023041
079023045
079012019
079027032
079028077
079012018
079028026
079028027079028028079028029
079028030079028031
079027075
079022026
079014014
079014047
079027006
079027065
079027061
079024038
079023048
009001024
079012001 079011024
009001021
079020013
033089026
033089027
079011030
033088011
033088010
033088009
033088008
033088007
033088006
033088005
079012048 079012017
079011031
033090073
033090074
033090075
033091087
033090076
033091086
033090077
079012049
033090078
033090079
033090080
033091084
033091083
033091082
033091081
033091080
033091089
079012016
079012050
009002002
009002003
079009062 079012053 079012051 079011032
036013019
079012052
033092087
079028069
009001018
079025015
CLAUS RD
YOSEMITE BLV
N MC CLURE RD
CREEKWOOD DR
JARENA DR
MELBOURNE DR
WADDELL WY
JULENE DR
CODINGTON WY
MECHALYS WY
GELF LN
SENTINEL DR
DOTHAN DR
GATESVILLE AVE
LOUISBURG AVE
WILKESBORO AVE
ANSONVILLE LN
LAURENBURG AVE
TROON PL
EFFINGHAM LN
ASHEBORO LN
WILMINGTON WY
YOSEMITE MEADOWS DR
GARNER RD
BAYBORO DR
S MC CLURE RD
ANASTASIA DR
EL PORTAL PL
WESTFALL LN
ELLENBORO AVE
ARDIA AVE
ANNISTON CT
HALLSBORO CT
RECTOR LN
SCHUYLER WY
VANCEBORO CT HIGH POINT CT
MACON CT
SENTINEL CT
SUNBURY CT
Assessment District Diagram
Landscape Maintenance Assessment District No. 2
(Dry Creek Meadows Subdivisions No. 7 - 10)
(Creekwood Meadows Subdivision)
(Yosemite Meadows Units No. 1 & 2)
250 125 0 250
Feet Date: 1/12/2024
Document Path: K:\Projects\Maintenance\Mxd\landscape-d2-20240112.mxd #24..
- 1295 -
#24..
- 1296 -
#24..
- 1297 -
#24..
- 1298 -
#24..
- 1299 -
Landscape Maintenance Assessment District No. 2
2024-2025 Engineer’s Annual Report Page 4
The total annual assessment for LMAD No. 2 for Fiscal Year 2024-2025 is $34,202.90. (Fiscal Year 2023-2024 assessment $31,961.29 x 7.013433%).
The Stanislaus County Auditor-Controller’s Office, Property Taxes and Assessments Division, collects a $0.20 fee per assessment and per parcel. This fee is built into the annual assessment being levied for LMAD No. 2.
C. PROJECTED ANNUAL ASSESSMENT SUMMARY
1. Single-Family Residential Annual Assessment – 590 Parcels $ 34,202.90 Annual Assessment for Fiscal Year 2024-2025 ÷ 134.172 Total assessed acres
$ 254.92 Annual assessment per acre
116.087 Residential acres
Total residential annual assessment
$ Total residential annual assessment
# Parcels
$
$ 254.92 Annual assessment per Acre
x
$ 29,592.68
29,595.68
590 ÷
50.16 Total residential annual assessment/parcel
#24..
- 1300 -
#24..
- 1301 -
#24..
- 1302 -
#24..
- 1303 -
#24..
- 1304 -
#24..
- 1305 -
#24..
- 1306 -
#24..
- 1307 -
#24..
- 1308 -
#24..
- 1309 -
#24..
- 1310 -
#24..
- 1311 -
#24..
- 1312 -
#24..
- 1313 -
#24..
- 1314 -
#24..
- 1315 -
#24..
- 1316 -
#24..
- 1317 -
#24..
- 1318 -
#24..
- 1319 -
CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
June 11, 2024
Date: April 15, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Fiscal Year 2024-25 Annual Assessment for Shackelford Landscape and Lighting District
CONTACT: Edgar Garcia, Community Development Manager
[email protected], 209-577-5211
DESCRIPTION:
Hearing to consider approving Fiscal Year 2024-25 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Shackelford Landscape and Lighting District. (Funding: Shackelford Landscape and Lighting District)
STRATEGIC PLAN ELEMENT:
The recommended action supports the City of Modesto’s 2020-2025 Strategic Plan, Goal D to provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.
BACKGROUND:
The Shackelford Landscape and Lighting District (Shackelford LLD) was formed by Stanislaus County on June 29,1999 in accordance with the Streets and Highways Code Sections 22500 through 22679, more commonly knowns as the Landscape and Lighting Act of 1972 (the Act).
Shackelford LLD provides funding for the maintenance and service of seventy-seven (77) 200- watt high-pressure sodium streetlights located within its boundaries. On April 24, 2012, by Resolution No. 2012-142 Council approved the jurisdictional transfer of Shackelford LLD from Stanislaus County to the City. The City assumed full responsibility of Shackelford LLD on July 1, 2012. The Shackelford LLD uses a formula to calculate the annual assessment each year. A copy of the boundary map is provided as Attachment 2.
Section 22620 et. seq. of the Act requires the legislative body (the City Council) to take the following actions prior to August 10th of each year:
1. Adopt a resolution which generally describes any proposed new improvements or any substantial changes in existing improvements and orders the preparation #25..
- 1320 -
City Council, June 11, 2024
Fiscal Year 2024-25 Annual Assessment for Shackelford Landscape and Lighting District
and filing of the Annual Engineer’s Report. This action was taken by Council on February 27, 2024 by Resolution 2024-56
2. Adopt a resolution approving the Engineer’s Annual Report as submitted or as modified by the City Council. This action was taken by Council on April 09, 2024 by Resolution 2024-112
3. Adopt a resolution of intention to levy and collect assessments within LMAD No. 1 for the fiscal year. This action was taken by Council on April 09, 2024 by Resolution 2024-112
4. Conduct a public hearing.
5. Adopt a resolution confirming the diagram and assessment as originally proposed or as changed by the legislative body.
DISCUSSION:
All costs for Shackleford LLD are paid by the assessments levied on each property within the assessment area.
Expenses include maintenance of and utility bills for seventy-seven (77) streetlights as well as City staff time. It is expected that all expenses for Shackelford LLD will be paid by the assessments levied on properties within Shackelford LLD.
Each year the annual assessment uses a standard formula to calculate its fees: estimated operation and maintenance costs for the current year minus the fund balance from the previous year and estimated property tax revenue for current year plus number of benefitting parcels in the district. Reserve funding cannot be more than 50% of the annual operating cost. For Fiscal Year 2024-25 there will be an increase in the annual assessment from Fiscal Year 2023-24 from $30,262.64 to $34,110 in order to cover the expenses associated with the streetlights and have sufficient funding in reserves.
The City Clerk gave notice of tonight’s public hearing by publishing the appropriate notice in the Modesto Bee on May 31, 2024. All interested people will be afforded an opportunity to be heard during the public hearing. Should there be any protests, whether written or oral, the Council may choose to continue the hearing to a later date, may change any part of the Engineer’s Annual Report to address the concerns of the property owner(s), or may adopt the assessment as proposed.
FISCAL IMPACT:
In Fiscal Year 2023-24, the total assessment levied was $30,262.64, while its projected expenses were $32,013.
The projected expenses for Fiscal Year 2024-25 are $34,110. The proposed annual assessment for Fiscal Year 2023-24 is $31,153.95 (494 parcels at $61.25 per parcel). The excess revenue is deposited into a reserve fund for Shackelford LLD. The assessment rate will increase from the current fiscal year in Fiscal Year 2024-25. #25..
- 1321 -
City Council, June 11, 2024
Fiscal Year 2024-25 Annual Assessment for Shackelford Landscape and Lighting District
The Stanislaus County Auditor-Controller’s Office, Property Taxes and Assessments Division, collects a $0.20 fee per assessment and per parcel and $1.50 parcel administrative charge.
This fee is built into the annual assessment being levied for Shackelford LLD.
COMMITTEE RECOMMENDATION:
This item is an annual report and is not required to be presented to a Council Committee.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Fiscal Year 2024-25 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Shackelford Landscape and Lighting District.
Approved by:
Jessica Hill, Director of Community
and Economic Development
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Shackelford LLD Boundary Map
3. Shackelford LLD 2024-25 Engineer’s Annual Report
#25..
- 1322 -
6/11/2024/CEDD/PIbrahim/Item # 1 2024-xxx
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX
RESOLUTION APPROVING THE FISCAL YEAR 2024-25 DIAGRAM AND
ANNUAL ASSESSMENT, AND ORDERING THE LEVY AND COLLECTION OF
CHARGES WITHIN SHACKELFORD LANDSCAPE AND LIGHTING DISTRICT WHEREAS, on April 09, 2024, by Resolution No. 2024-112, Council declared its intent to levy charges or assessment for the purpose of administering the maintenance of seventy-seven 200-watt high pressure sodium streetlights in the Shackelford Landscape and Lighting District under the provisions of California Streets and Highways Code Sections 22500 through 22679, more commonly known as Landscape and Lighting Act of 1972; and
WHEREAS, each year the annual assessment uses a standard formula to calculate its fees: estimated operation and maintenance costs for the current year minus the fund balance from the previous year and estimated property tax revenue for current year plus number of benefitting parcels in the district and $1.50 parcel administrative charge; and WHEREAS a public hearing was held on June 11,2024; and
WHEREAS, the annual adjustment for Fiscal Year 2023-24 is $30,262.64 in, the levy will increase to $34,110 in Fiscal Year 2024-25; and WHEREAS, each year the annual assessment uses a standard formula to calculate its fees: estimated operation and maintenance costs for the current year minus the fund balance from previous year and estimated property tax revenue for current year plus number of benefitting parcels in the district and $1.50 per parcel administrative charge; and
WHEREAS, the assessment can be set at an amount to ensure there is sufficient #25..
- 1323 -
6/11/2024/CEDD/PIbrahim/Item # 2 2024-xxx
funding for the expenses, and reserve funding cannot be more than 50% of the annual operating costs; and
WHEREAS, the City of Modesto has determined and certifies that the charges are either exempt from or in compliance with all the provisions of Proposition 218, which was passed by the voters in November 1996. The City of Modesto has further determined the charges are in compliance with all the laws pertaining to the levy of such charges.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that is hereby orders the levy and collection of such charges as shown within the Engineer’s Annual Report within the City of Modesto Shackelford Landscape and Lighting District for Fiscal Year 2024-25, and in each subsequent fiscal year in which the charges may validly be levied.
BE IT FURTHER RESOLVED that a certified copy of this resolution and attached documentation shall be delivered to the Auditor-Controller of the County of Stanislaus for placement of such charges on the 2024-25 County Tax Roll, and in each subsequent fiscal year in which the charges may validly be levied.
BE IT FURTHER RESOLVED that the diagram of said assessment district, which is attached hereto, and amount of levy thereon is hereby confirmed. #25..
- 1324 -
6/11/2024/CEDD/PIbrahim/Item # 3 2024-xxx
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of June, 2024, by Councilmember _____, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers: Name, Name, Name, Name, Name, Name, Mayor Name
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: _____________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ______________________________
JOSE M. SANCHEZ, City Attorney
#25..
- 1325 -
6/11/2024/CEDD/PIbrahim/Item # 4 2024-xxx
#25..
- 1326 -
MAIN ST
PECOS AVE
RIO GRANDE AVE
CROWS LANDING RD
SCHOOL AVE
BOWIE AVE
CROWS LANDING RD
038030045
038039027
038018005
038019034
038019038
038019012
038019018
038018004
038025019
038039002
038032033
038028051
086010050
086010006
086010012
086009007
086009010
038032003
038026047
038032002
038022007
038019013
038039029
086010014
038032039
086009009
038030048
038032040
086010024
038031047
086010018
086009012
086010027
086010026
086010025
086010023
086009001
086010005
086010007
086010013
038035064
038031003
038029034
038029035
086009029
086009008
086009015
086009044
038030003
038031068
038037028
038037075
038031001
086010020
086010010
086010002
086010019
086009026
086010030
086009028
086010001
038037091
086010031
038019008
086010053
038033008
038036027
038035063
086010022
038031002
038033009
038033012
038029076
086009002
086009013
086009014
038028028
038037057
038037090
086009006
086010009
038028027
038036038
038035044
038033011
038035058
038038019
038035015 038035016
038035062
038035049
038035017 038035043
086010015
038029074
038029075
038031042 038031048
086010011
086010032
086009023
038030043
038030044
038018003
038029036
038029024
038029023
038031005
038037011
038035054
038038001
038038005
038038003
038038004
038031021
038038006
038035053
038028022
038038002
038029054
038031051
038029055
038038042
038038007
038031067
038035052
038031022
038037071
038030011
038038041
038035030
038030006
038030007
038030010
038030050
038030013
038030046
038031069
038030047
038030015
038038039
038030016
038038008
038030049
038030017
038030018
038030019
038035051
038035057
038035055
038038038
038037064
038038009
086010021
038038037
038031045
038031046
038035050
038031014
038031015
038031016
038031017
038031018
038031019
038031020
038036041
038031013
038028011
038031012
038028013
038036033
038031008
038031009
038031010
038028004
038028021
038031007
038038036
038031004
038028042
038035011
038038010
038028005
038028006
038028007
038028008
038028009
038028010
038028012
038028015038028016
038028017
038028018
038028019
038028020
038038035
038037044
038037043
038037042
038037004
038037041
038037005
038037040
038037006
038037039
038037007
038037038
038037008
038037037
038037009
038037036
038037035
038028048
038028040
038028039
038028038
038028037
038028036
038028035
038028034
038028033
038028032
038028031
038028053
038037034
038028052
038037012
038037033
038037013
038037032
038037014
038037089
038037015
038037029
038037016
038031057 038031032
038037017
038031031 038031058
038037018
038031059 038031030
038037063
038031029 038031060
038037062
038037061
038031061 038031028
038037060
038037059
038031062 038031027
038037058
038036004 038036013
038031063 038031026
038037072
038037073
038037074
038037054
038036003
038031025 038031064
038037053
038036014
038037076
038037052
038037077
038031056
038031065 038031024
038037078
038037051
038036002
038037079
038037050
038036015
038037080
038031023 038031066
038037049
038037081
038037082
038037048
038036001
038037083
038037047
038037084
038036016
038037085
038031041 038031049
038037086
038037087
038031050 038031040
038031038
038035018
038031053 038031037
038035012 038035019
038035020
038031036 038031054
038035010 038035021
038035009 038035022
038035008 038035023
038035007 038035024
038035006 038035025
038035047
038035005 038035026
038036020
038035004 038035027
038035003 038035028
038036029
038035002 038035029
038036019 038036030
038035046
038036018 038036031
038036017 038036032
038035045
038035037
038035032
038035035
038035042
038035039
038035041
038035040
038035038
038035033
038035034
038035036
038029044 038029066
038028014
038038034
038031035
038028029
038031055
038038011
038031070
038038033
038035056
056011028
086010008
086009024
038031039
038037019
038036005 038036012
038030005
038036021 038036028
038038032
038029026
038028023
038028024
038028025
038038031
038028026
038029017
038029016
038029015
038029014
038038030 038038012
086009011
038028001
038031006
038036036
038036037
086009031
086009022086009021
038037010
038031052
038038013
038023033
038028002
038035059
038023034
038038029
038038014
038028003
038037069
038038020
038037068
038037067
038037066
038037065
038037024
038037023
038037022
038037021
038037020
038029013
086009017
038038028
038030033 038030034
086009025
038036006
038036007
038036008
038036009
038036010
038036043
038036042
038036022
038036023
038036024
038036025
038036026
086009016
086010016
086009018
038023026
038030051
038029012
038038015
038032012
038032022
038032010
038032020
038038027
038030052
038038021
038038016
038029038
038029039
038029040
038029041
038029042
038029043
038030023
038029065
038029064
038030024
038029068
038029067
038029063
038029062
038029061
038030025
038029069
038029060
038029047
038029050
038029051
038029070
038029046
038029048
038029049
038029052
038029071
038029059
038030026
038029072
038029058
038029057
038030032
038030031
038030030
038030029
038030028
038030027
038030035
038030036
038030037
038030038
038030039
038030040
038030041
038030042
038029045
038030022
038038026
038029011
038029037 038029073
086009005
038029001
038029002
038029003
038029004
038029005
038029006
038029007
038029008
038029009
038029010
038029033
038029030
038029029
038029028
038029027
038038017
038029025
038038025
038029022
038029021
038029020
038029019
038023009
038029053 038029056
038032004
038038024
038035048
086009027
038038018
038029018
038024017
038033007
038037088
086009019
038033006
038032032
086009043
038032031
038037092
038037093
038032034
038030001
038037001
038033005
038033004
038030002
038018006
038032011 038032021
038033003
038032027
038032037
086009020
086010017
038032028
038032007
038032008
038032006
038032014 038032018 038032024
038032015
038032016
038032009 038032013038032019 038032023
038031033
038025012
038030021
038036039
038037045038037046
056011025
038023003
038038023
038022003
056011026
038036040
038036035
038038022
056011027
038036034
038030004
038031034
038022002
038032036
038022015
038023004
086009030
038022001
038019017
038025015
TID LATERAL NO 1
HWY 99
MAIN ST
E HATCH RD
ALAMO AVE
S 7TH ST
PECOS AVE
CROWS LANDING RD
EL PASO AVE
SANTA FE AVE
BOULDER AVE
RIO GRANDE AVE
BOWIE AVE
PUEBLO AVE
SCHOOL AVE
BAROZZI AVE
ZEFF RD
BROADWAY AVE
S 9TH ST
JIM WY
N HWY 99 (ON RAMP)
CROCKETT AVE
N HWY 99 (OFF RAMP)
JANOPAUL AVE
RITA CT
LITA CT
HWY 99
Assessment District Diagram
Shackelford Landscape and Lighting District
250 125 0 250
Feet
Date: 1/12/2024
Document Path: K:\Projects\Maintenance\Mxd\landscape-Shackelford-20240112.mxd #25..
- 1327 -
#25..
- 1328 -
#25..
- 1329 -
#25..
- 1330 -
#25..
- 1331 -
#25..
- 1332 -
#25..
- 1333 -
#25..
- 1334 -
#25..
- 1335 -
#25..
- 1336 -
#25..
- 1337 -
#25..
- 1338 -
#25..
- 1339 -
#25..
- 1340 -
#25..
- 1341 -
#25..
- 1342 -
#25..
- 1343 -
#25..
- 1344 -
#25..
- 1345 -
CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
June 11, 2024
Date: May 1, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Annexation No. 20 to City of Modesto Community Facilities District No. 2004-1 (Village One #2)
CONTACT: Edgar Garcia, Community Development Manager
[email protected], 209-577-5211
DESCRIPTION:
Hearing to consider the annexation of Assessor Parcel Numbers (APNs) 077-008-039 and 077- 008-040 totaling approximately 33.694 acres, to the City of Modesto Community Facilities District (CFD) No. 2004-1 (Village One #2), authorizing the levy of special taxes therein; calling a special election; and declaring the results of the June 11, 2024 election. (Funding Source:
Developer Deposit)
STRATEGIC PLAN ELEMENT:
The recommended action supports the City Council’s 2020-2025 Strategic Plan, Goal D:
Provide Safe, Efficient, and Reliable Infrastructure through proactive community investment, maintenance and sustainability efforts.
BACKGROUND:
In 1982, the Mello-Roos Community Facilities Act of 1982 (Act) was adopted by the State of California as a method for financing infrastructure improvements and services associated with new developments. The Act allows infrastructure improvements and services to be funded through a special tax paid by property owners.
On April 6, 2004, by Resolution No. 2004-199, the Council formed City of Modesto Community Facilities District No. 2004-1 (CFD No. 2004-1) to pay for various infrastructure improvements as well as the maintenance of parks, parkways and open space, storm drainage basin, and related facilities that serve the Village One Area.
On December 14, 2004, by Resolution No. 2004-681, the Council clarified the Rate and Method of Apportionment (RMA), approved on April 6, 2004, with respect to the Maximum Special Taxes to be generated by a parcel that has been rezoned. The Council also created Tax Zone #2 within CFD No. 2004-1, by Resolution No. 2004-683.
#26..
- 1346 -
City Council, June 11, 2024
Annexation No. 20 to City of Modesto Community Facilities District No. 2004-1 (Village One #2)
On November 9, 2005, by Resolution No. 2005-566, the Council directed that all prior boundary maps and amendments to CFD No. 2004-1 be consolidated into a single map. On November 23, 2005, all prior boundary maps and amendments were consolidated into a single map entitled "Consolidation of Boundary Maps of Community Facilities District No. 2004-1 (Village One #2)” and recorded with the County Recorder of the County of Stanislaus at Book 4 of Maps of Assessments and Community Facilities Districts, at page 33 (the “Consolidated Boundary Map”). Subsequent to the recordation of the Consolidated Boundary Map, additional territory was annexed to CFD No. 2004-1 through Annexations Nos. 11, 12, 13, 14, 15, 16, 17, 18 and
19. A list of the authorized services and facilities to be funded by CFD No. 2004-1 is provided as Attachment 2. The RMA, as provided as Attachment 3, provides additional information such as how the special taxes are calculated and collected.
Chapter 3.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (commonly known as the Mello-Roos Community Facilities Act of 19821), and more specifically Government Code Section 53339.2, allows landowners to request the legislative body (the Council) adopt a Resolution of Intention to annex additional property into an existing CFD.
Following is a list of the properties that comprise the additional territory requesting annexation to CFD No. 2004-1.
APN Acreage Land Use
077-008-039 14.959 Village Residential
077-008-040 18.735 Village Residential
Total: 33.694 acres
DISCUSSION:
The next step in the annexation process is a public hearing wherein any interested person, including taxpayers, property owners and registered voters residing within the boundaries of Annexation No. 20, may appeal and be heard on the proposals described in the Resolution of Intention. Such protests may be made orally or in writing. If the owners of one-half (1/2) or more of the property included in Annexation No. 20, and not exempt from the special tax, file written protests against the Annexation No. 20, and the protests are not withdrawn so as to reduce the value of the protest to less than a majority, no further proceedings related to Annexation No. 20 may be taken by the City Council for a period of one (1) year from the date of the majority protest. Because Annexation No. 20 was initiated by the Landowners, it is unlikely that such a protest will be made. Staff understands that the Landowners are supportive of the annexation and will cast affirmative votes during the special election.
At the conclusion of the public hearing, the City Council will ask the City Clerk to call the election for Annexation No.20. Because the Landowner signed a waiver of the Election Code’s time requirements, the election can be held immediately on June 11, 2024, and certain other 1 Cal. Gov. Code § 53339.2
#26..
- 1347 -
City Council, June 11, 2024
Annexation No. 20 to City of Modesto Community Facilities District No. 2004-1 (Village One #2)
procedural requirements may be waived. Each of the Landowners will receive one (1) vote for each acre, or portion thereof, than the Landowners own within Annexation No. 20.
The City Council will then consider a resolution declaring the results of the special election and ordering the annexation of the additional territory of CFD No. 2004-1. It is anticipated the City Clerk will certify that at least two-thirds (2/3) of the votes cast at the election were in favor of Annexation No. 20 to CFD. No. 2004-1. If adopted, the resolution will constitute the official declaration of the results of the election and will direct the City Clerk to an Amended Notice of Special Tax Lien in accordance with the provisions of Section 3114.5 of the California Streets and Highway Code.
FISCAL IMPACT:
Annexation expenses are paid by funds deposited by the developer. There is no impact to the General Fund.
Once the parcels are annexed to CFD No. 2004-1, the Maximum Village Residential Special Tax Rate for Fiscal Year 2023-2024 will be as follows:
Village One #2 – CFD No. 2004-1
Maximum Special Taxes
Special Tax Category
Tax Zone #2
Maximum Annual
Maintenance Special Tax
Fiscal Year 2023-24
Maximum One-Time
Facilities Special Tax
Fiscal Year 2023-24
Maximum Annual
Facilities Special Tax
Fiscal Year 2023-24
Village Residential $3,160.60/per net
taxable acre
$57,809.78/per net
taxable acre
$9,330.88/per net
taxable acre
COMMITTEE RECOMMENDATION:
This item was presented to the Economic Development Committee on April 8, 2024 and was approved and forwarded to Council for consideration and approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution calling a special election for the Annexation of additional territory to City of Modesto Community Facilities District No. 2004-1 (Village One #2).
Resolution declaring the results of the June 11, 2024 special election and ordering the Annexation of the additional territory to City of Modesto Community Facilities District No. 2004-1 (Village One #2).
#26..
- 1348 -
City Council, June 11, 2024
Annexation No. 20 to City of Modesto Community Facilities District No. 2004-1 (Village One #2)
Approved by:
Jessica Hill, Director of Community
and Economic Development
Joseph P. Lopez, City Manager
Attachments:
1. Resolution – Special Election for Annexation
2. Resolution – Declaring the results of election
3. List of Facilities and Services
4. Proposed Boundary Map for Annexation #20
5. Rate and Method of Apportionment
#26..
- 1349 -
6/11/2024/CEDD/EGarcia/Item # 1 2024-xxx
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX
RESOLUTION CALLING A SPECIAL ELECTION FOR THE ANNEXATION OF
ADDITIONAL TERRITORY TO CITY OF MODESTO COMMUNITY FACILITIES DISTRICT NO. 2004-1 (VILLAGE ONE #2)
WHEREAS, the City Council previously adopted Resolution No. 2004-199 on April 6, 2004 ( the “Resolution of Formation”) to form Community Facilities District No. 2004-1 (Village One #2) (the “District”) pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5 (commencing with Section 53311) of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982” (the “Act”) to pay for various infrastructure improvements as well as the maintenance of parks, parkways and open space, storm drainage basin and related facilities that service the Village One area; and
WHEREAS, on December 14, 2004, pursuant to the Act, by Resolution No. 2004-681, Council approved the clarification of the Rate and Method of Apportionment with respect to the Maximum Special Taxes to be generated by a parcel that has been rezoned; and
WHEREAS, on December 14, 2004, pursuant to the Act, by Resolution No. 2004- 683, Council approved the creation of Tax Zone #2 within the District; and WHEREAS, the One-Time Facilities Special Tax component of the special taxes is higher in Tax Zone #2 than in Tax Zone #1; and
WHEREAS, the owners of certain properties identified herein previously submitted a petition to the City to annex such properties into the District; and WHEREAS, on May 7, 2024, by Resolution No. 2024-138, Council adopted a Resolution of Intention to annex the properties into the District and authorize the levy of #26..
- 1350 -
6/11/2024/CEDD/EGarcia/Item # 2 2024-xxx
the District special taxes within the territory proposed to be annexed (the “Annexed Territory”) pursuant to the Act; and
WHEREAS, the Resolution of Intention scheduled a public hearing on the proposed annexation for June 11, 2024; and
WHEREAS, notice of the hearing was duly published as required by law, as evidenced by the proof of publication on file with the City Clerk; and WHEREAS, a map of the Annexed Territory, entitled “Annexation Map No. 20 of Community Facilities District No. 2004-1 (Village One #2) City of Modesto, County of Stanislaus, State of California” was recorded on May 20, 2024, in the Office of the County Recorder of the County of Stanislaus, in Book 7 of Maps Assessment and Community Facilities Districts, at page 21; and
WHEREAS, the Annexed Territory will be annex to and subject to the special taxes in Tax Zone #2; and
WHEREAS, at the time and date set for the hearing, this Council held the public hearing, as required by the Act, related to the proposed annexation and the levy of the District special taxes for Tax Zone #2 within the Annexed Territory, and all other matters set forth in the Resolution of Intention to Annex; and
WHEREAS, at the hearing all persons desiring to be heard on all matters pertaining to the proposed annexation and the levy of the District special taxes for Tax Zone #2 within the Annexed Territory, and all other matters set forth in the Resolution of Intention to Annex, including all interested persons for or against the proposed annexation to the District and the levy of the District special taxes for Tax Zone #2 within the Annexed Territory were heard and considered, and full and fair hearing was held thereon; and
#26..
- 1351 -
6/11/2024/CEDD/EGarcia/Item # 3 2024-xxx
WHEREAS, at the hearing evidence was presented to this Council on the matters before it, and this Council, at the conclusion of the hearing, was fully advised as to all matters related to the proposed annexation and the levy of the District special taxes for Tax Zone #2 within the Annexed Territory, and all other matters set forth in the Resolution of Intention to Annex; and
WHEREAS, written protests against the proposed annexation and the levy of the District special taxes for Tax Zone #2 within the Annexed Territory have not been filed with the City Clerk by the owners of one-half or more of the land in the District, or in the Annexed Territory; and
WHEREAS, the Stanislaus County Registrar of Voters has certified there are Zero (0) registered voters residing in the Annexed Territory; accordingly, the qualified electors are the landowners; and
WHEREAS, the City Clerk, being the Council’s designated election official for the purposes of the election herein called, has concurred in the election date herein set forth for the election.
NOW THEREFORE, BE IT RESOLVED, ORDERED AND FOUND by
the City Council of the City of Modesto that:
1. The foregoing recitals are true and correct.
2. All prior proceedings taken with respect to the annexation of the Annexed Territory to the District, and the levy of the District special taxes for Tax Zone #2 within the Annexed Territory were valid and in conformity with the requirements of the Act. This determination shall be final and conclusive upon all persons. #26..
- 1352 -
6/11/2024/CEDD/EGarcia/Item # 4 2024-xxx
3. The proposed annexation of the Annexed Territory to the District and the levy of the District special taxes for Tax Zone #2 within the Annexed Territory have not been precluded by majority protest pursuant to Section 53339.5 of the Act.
4. As stated in the Resolution of Intention to Annex, it is the intention of this Council, subject to the approval of the qualified electors of the Annexed Territory, to annex the Annexed Territory to the District and levy the District special taxes for Tax Zone #2 within the Annexed Territory. Upon such approval the Council will be authorized to levy the District special taxes for Tax Zone #2 within the Annexed Territory.
5. A special election is hereby called at which the question of levying the District special taxes for Tax Zone #2 within the Annexed Territory shall be submitted to the qualified electors of the Annexed Territory. The election shall be held in accordance with and subject to the Act, all of the terms of which shall, unless waived as herein provided, be applicable to such election. The ballot measure shall be substantially in the form attached hereto as Exhibit A.
6. Zero (0) persons have been registered to vote within the Annexed Territory for each of the 90 days preceding the close of the hearing referenced herein. Accordingly, the vote shall be by the landowner(s) of the Annexed Territory, and each such landowner shall have one vote for each acre or portion thereof that he or she owns within the Annexed Territory. The ballots shall be distributed by mail with return postage prepaid, or by personal service, to each landowner, all as provided in Section 53326 of the Act.
7. Since the City Clerk has received an appropriate waiver of time limits and other requirements pertaining to the conduct of the election by the owner of all of the land in the Annexed Territory (the “Landowner”), the election shall be held on the 11th day of #26..
- 1353 -
6/11/2024/CEDD/EGarcia/Item # 5 2024-xxx
June 2024. The election shall be conducted by the City Clerk in the manner required by this resolution, the Act and applicable laws.
8. The City Clerk shall accept the ballots of the qualified electors in the office of the City Clerk up to and including 5:30 p.m., Pacific Time, on June 11, 2024, and/or up to the conclusion of the Public Hearing, whether said ballots shall be personally delivered or received by mail.
9. In accordance with Section 53327(b) of the Act, analysis and arguments, as required by Section 53327(a) of the Act are hereby waived, as the City Clerk has received the unanimous consent to such waivers from the Landowner.
10. The publication of this Resolution as notice of the special election is hereby waived as the City Clerk has received the unanimous consent to such waiver from the Landowner.
11. The Annexed Territory shall constitute a single election precinct for the purpose of holding the election.
12. The City Clerk is hereby authorized to take any and all steps necessary for the holding of the election, and to perform and render all services and proceedings incidental to and in connection with the election.
13. The City Clerk shall canvass the returns and certify the results of the election to this Council. If two-thirds or more of the votes cast are in favor of levying the District special taxes for Tax Zone #2 in the Annexed Territory, this Council may thereafter order the annexation of the Annexed Territory to the District and levy the District special taxes in the Annexed Territory in the amount and for the purposes specified in Resolution No. 2004-199 adopted by this Council on April 6, 2004 (the “Resolution of Formation”). The Special Tax will be levied on at the rate and apportioned only in the manner specified in #26..
- 1354 -
6/11/2024/CEDD/EGarcia/Item # 6 2024-xxx
the Resolution of Formation, as clarified by the City Council on December 14, 2004 (Resolution No. 2004-681), and at the rates set forth in Tax Zone #2 created by the City Council on December 14, 2004 (Resolution No. 2004-683). #26..
- 1355 -
6/11/2024/CEDD/EGarcia/Item # 7 2024-xxx
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of June, 2024, by Councilmember _____, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers: Name, Name, Name, Name, Name, Name, Mayor Name
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: _____________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ________________________________
JOSE M. SANCHEZ, City Attorney
#26..
- 1356 -
6/11/2024/CEDD/EGarcia/Item # 8 2024-xxx
EXHIBIT A
OFFICIAL BALLOT
BALLOT NO. 1
CITY OF MODESTO
COMMUNITIES FACILITIES DISTRICT NO. 2004-1
(VILLAGE ONE #2)
ANNEXATION NO. 20
SPECIAL TAX ELECTION
June 11, 2024
NUMBER OF VOTES ENTITLED TO BE CAST: 4
(VOTER MAY REMOVE AND RETAIN THIS STUB)
INSTRUCTIONS TO VOTERS
To vote, make a mark (x) in the voting area to the right of the word “YES” or “NO.” All distinguishing marks or erasures are forbidden and make the ballot void. If you wrongly mark, tear or deface this ballot, telephone the Office of the City Clerk of the City of Modesto for instructions as soon as possible at (209) 577-5200, Monday through Friday, between the hours of 9:00 a.m. and noon MARK YOUR CHOICE IN THIS MANNER ONLY:
MEASURE SUBMITTED TO VOTE OF VOTERS
Proposition A. Shall special taxes for Tax Zone #2, with maximum rates, method of apportionment, and manner of collection as provided in Exhibit A to the City’s Resolution No. 2004-683, entitled “A Resolution of the City Council of the City of Modesto Creating Tax Zone #2 in Community Facilities District No. 2004-1 (Village One #2), Approving an Increase in the One-Time Facilities Special Tax Therein, and Approving Updates of the Rate and Method of apportionment of Special Taxes for the District”, adopted by the City Council of the City of Modesto on December 14, 2004, which is incorporated herein by this reference, be levied within the territory proposed to be annexed to Tax Zone #2 of the City of Modesto Community Facilities District No. 2004-1 (Village One #2) pursuant to the City’s Resolution No. 2024-138, entitled “A Resolution of the City Council of the City of Modesto of Intention to Annex Territory to Community Facilities District No. 2004-1 (Village One #2) and to Authorize the Levy of Special Taxes therein (Annexation No. 20)” adopted by the City Council of the City of Modesto on May 7, 2024, for the purposes set forth in Resolution No. 2004-199, entitled “A Resolution of the City Council of the City of Modesto of Formation, Establishing City of Modesto Community Facilities District No. 2004-1 (Village One #2), Authorizing the Levy of Special Taxes within the District, Preliminarily Establishing an Appropriations Limit for the District, and Calling an Election for the Purpose of Submitting the Levy of the Special Taxes and the Establishment of the Appropriations Limit to the Qualified Electors of the District”, adopted by the City Council of the City of Modesto on April 6, 2004, which is incorporated herein by this reference?
YES
NO
BALLOT NO. 1
THIS BALLOT HAS A VALUE OF 15 VOTES
#26..
- 1357 -
6/11/2024/CEDD/EGarcia/Item # 9 2024-xxx
OFFICIAL BALLOT
BALLOT NO. 2
CITY OF MODESTO
COMMUNITIES FACILITIES DISTRICT NO. 2004-1
(VILLAGE ONE #2)
ANNEXATION NO. 20
SPECIAL TAX ELECTION
June 11, 2024
NUMBER OF VOTES ENTITLED TO BE CAST: 4
(VOTER MAY REMOVE AND RETAIN THIS STUB)
INSTRUCTIONS TO VOTERS
To vote, make a mark (x) in the voting area to the right of the word “YES” or “NO.” All distinguishing marks or erasures are forbidden and make the ballot void. If you wrongly mark, tear or deface this ballot, telephone the Office of the City Clerk of the City of Modesto for instructions as soon as possible at (209) 577-5200, Monday through Friday, between the hours of 9:00 a.m. and noon MARK YOUR CHOICE IN THIS MANNER ONLY:
MEASURE SUBMITTED TO VOTE OF VOTERS
Proposition A. Shall special taxes for Tax Zone #2, with maximum rates, method of apportionment, and manner of collection as provided in Exhibit A to the City’s Resolution No. 2004-683, entitled “A Resolution of the City Council of the City of Modesto Creating Tax Zone #2 in Community Facilities District No. 2004-1 (Village One #2), Approving an Increase in the One-Time Facilities Special Tax Therein, and Approving Updates of the Rate and Method of apportionment of Special Taxes for the District”, adopted by the City Council of the City of Modesto on December 14, 2004, which is incorporated herein by this reference, be levied within the territory proposed to be annexed to Tax Zone #2 of the City of Modesto Community Facilities District No. 2004-1 (Village One #2) pursuant to the City’s Resolution No. 2024-138, entitled “A Resolution of the City Council of the City of Modesto of Intention to Annex Territory to Community Facilities District No. 2004-1 (Village One #2) and to Authorize the Levy of Special Taxes therein (Annexation No. 20)” adopted by the City Council of the City of Modesto on May 7, 2024, for the purposes set forth in Resolution No. 2004-199, entitled “A Resolution of the City Council of the City of Modesto of Formation, Establishing City of Modesto Community Facilities District No. 2004-1 (Village One #2), Authorizing the Levy of Special Taxes within the District, Preliminarily Establishing an Appropriations Limit for the District, and Calling an Election for the Purpose of Submitting the Levy of the Special Taxes and the Establishment of the Appropriations Limit to the Qualified Electors of the District”, adopted by the City Council of the City of Modesto on April 6, 2004, which is incorporated herein by this reference?
YES
NO
BALLOT NO. 2
THIS BALLOT HAS A VALUE OF 19 VOTES
#26..
- 1358 -
6/11/2024/CEDD/EGarcia/Item # 1 2024-xxx
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX
RESOLUTION DECLARING THE RESULTS OF THE JUNE 11, 2024 SPECIAL
ELECTION AND ORDERING THE ANNEXATION OF THE ADDITIONAL
TERRITORY TO CITY OF MODESTO COMMUNITY FACILITIES DISTRICT NO. 2004-1 (VILLAGE ONE #2)
WHEREAS, this Council is conducting proceedings pertaining to the annexation of certain territory to the City’s Community Facilities District No. 2004-1 (Village One #2) (the “District”) and the levy of District Special Taxes (the “District Special Taxes”) within such territory, as described in its Resolution of Intention No. 2024-138 entitled “A Resolution to Annex Assessor Parcel Numbers (APNs) 077-008-039 and 077-008-040 Totaling Approximately 33.694 acres to the City of Modesto Community Facilities District (CFD) No. 2004-1 (Village One #2) and Authorizing the Levy of a Special Tax on the Properties located withing the Annexation Map (Annexation #20)”, pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5 (commencing with Section 53311) of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982 (the “Act”); and
WHEREAS, on June 11, 2024, the Election was held; and
WHEREAS, the City Clerk has certified that at the Election the proposition of levying the District Special Taxes within the territory proposed to be annex to the District was approved by more than two-thirds (2/3) of the votes cast at the Election; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that the Council finds and orders the following:
1. The Election was duly and validly conducted in conformity with all applicable laws pertaining thereto. It is hereby determined that the owner or owners of the territory #26..
- 1359 -
6/11/2024/CEDD/EGarcia/Item # 2 2024-xxx
proposed to be annexed are as set forth in the Certificate of the City Clerk as to Distribution of Official Ballots, submitted to this Council and on file with the City Clerk.
2. The ballot proposition presented to the qualified electors of the territory proposed to be annexed at the Election received at least two-thirds (2/3) of the votes cast at the Election. A copy of the City Clerk’s certificate of the election results is attached.
3. Pursuant to Section 53339.8 of the Act, it is hereby ordered that the territory proposed to be annexed to the District pursuant to Resolution No. 2024-138 be annexed to and be a part of the District with full legal effect, and that the District Special Taxes be levied within the territory.
4. The City Clerk is hereby direction to enter this resolution on the minutes of this City Council, which shall constitute the official declaration of the result of the Election.
5. The City Clerk is further authorized and directed to record an amendment to the Notice of Special Tax Lien with the County Recorder of the County of Stanislaus, within 15 days from the date hereof, in accordance with the provisions of Sections 3114.5 and 3117.7 of the California Streets and Highways Code.
#26..
- 1360 -
6/11/2024/CEDD/EGarcia/Item # 3 2024-xxx
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of June, 2024, by Councilmember _____, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers: Name, Name, Name, Name, Name, Name, Mayor Name
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: _____________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ________________________________
JOSE M. SANCHEZ, City Attorney
#26..
- 1361 -
6/11/2024/CEDD/EGarcia/Item # 4 2024-xxx
CERTIFICATE OF CITY CLERK
I, DIANE NAYARES-PEREZ, City Clerk of the City of Modesto, hereby certify that, pursuant to Resolution No. 2024- _____, A Resolution of the City Council of Modesto Calling an Election for the Purpose of Submitting the Levy of the City of Modesto Community Facilities District No. 2004-1 (Village One #2) Special Taxes to the Qualified Electors of the Territory Proposed to be Annexed to the District (Annexation No. 20) adopted on June 11, 2024, by the City Council of the City of Modesto, I did conduct the Special Election on June 11, 2024, and the election was conducted by mail or in person at the City Hall of the City of Modesto.
I further certify that the following shows the fill text of the measure submitted to the voters at the election and the full and true totals of all cotes cast for and against the measure.
#26..
- 1362 -
LIST OF FACILITIES
All facilities described herein are as presented in the Village One Facilities Master Plan (“FMP”) update dated May 2003. Said master plan is incorporated herein by reference. The following descriptions summarize the facilities to be funded within CFD 2004-1.
A. Arterial Roads:
Included in the FMP are improvements to four arterial roads that will be funded by the CFD. They include Roselle Ave., from Briggsmore to the northern boundary of Village One (north of Sylvan), Floyd Ave. from Oakdale Rd. to Claus Rd., Oakdale Rd. from Briggsmore to Sylvan Ave., and Sylvan Ave. from Oakdale Rd. to Claus Rd. Also included in the CFD is partial funding for a pedestrian overcrossing on Sylvan Ave. to serve the new high school.
B. Storm Drain System:
The storm drainage system for Village One contains three detention basins:
1. West Basin: Dual-use basin that pumps water to the Central Basin.
2. Central Basin: Percolation/detention basin that pumps water to the MID Lateral#3 and may pump to Dry Creek via Claus Rd. at some time in the future.
3. East Basin: Dual-use basin that pumps water to Dry Creek via Claus Rd.
The facilities to be funded by the CFD include: basin property, trunk pipelines, force mains, pump stations, and other necessary appurtenances.
C. Parks:
Three neighborhood parks and one community park will be developed within the Village One Specific Plan area. The development of the parks will include the acquisition of land, park improvements and street frontage improvements for the Grogan Community Park, the Roselle Neighborhood Park, the Claus Neighborhood Park and the Merle Neighborhood Park.
In addition, buffer land for the community park is to be acquired, a bike trail is to be developed along MID Lateral No. 3, and a trail is to be developed along Claus Rd.
D. Public Facilities:
An area office for police is proposed within Village One. Funds are provided within the CFD for tenant improvements necessary to set up an area office.
E. Other:
Other costs associated with Village One include reimbursement to the City of Modesto for engineering of the Facilities Master Plan and planning related to the Village One Specific Plan, future annual administration costs for the CFD, and community signage for Village One.
#26..
- 1363 -
LIST OF SERVICES
Maintenance of the Grogan Community Park, Roselle Neighborhood Park, Merle Neighborhood Park, Claus Neighborhood Park, arterial road parkway, median and roundabout landscaping, connector street parkway, median and roundabout landscaping, bike trails and storm drain facilities. #26..
- 1364 -
APN: 077-008-039
+/-14.959 AC NET
APN: 077-008-040
+/-18.735 AC NET
2315_ CFD _Village One Annexation 20_PPA-17.dwg
SHEET 1 OF 1 SHEET
DF ENGINEERING,INC. CIVIL ENGINEERING AND SURVEYING
3421 TULLY ROAD· SUITE J· MODESTO, CA 95350 TELEPHONE (209) 529-7450 · EMAIL [email protected] PROPOSED ANNEXATION BOUNDARY (+/- 33.694 AC NET TOTAL)
LINE LEGEND
PARCEL LINE WITHIN ANNEXATION BOUNDARY
ROAD RIGHT OF WAY
NEIGHBORS' PARCEL LINE
SCOTT THOMAS DELAMARE LS 8078
SIGNED:
DATE
March 26, 2024
PROPOSED BOUNDARIES OF ANNEXATION NO. 2 0
CITY OF MODESTO COMMUNITY FACILITIES DISTRICT NO. 2004-1 (VILLAGE ONE #2 )
CITY OF MODESTO, COUNTY OF STANISLAUS, STATE OF CALIFORNIA SCALE: 1" = 150' March 26, 2024
ORCHARD
KODIAK DRIVE
VENTANA VIEW WAY
LA PLAYA
LANE
FLOYD AVENUE
OAKDALE ROADPARK WAY
GRAPHIC SCALE
0 75 150 300 450
SCALE 1"= 150'
COUNTY RECORDER'S STATEMENT
FILED THIS ________ DAY OF ___________________ , 20_____ , AT ___________________ O'CLOCK ___. M. IN BOOK _____________ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE _____________ IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF STANISLAUS, STATE OF CALIFORNIA.
FEE $ ___________________ PAID INSTRUMENT NO.: _____________________________________________ DONNA LINDER BY: _______________________________________________ , DEPUTY STANISLAUS COUNTY RECORDER PRINT NAME:________________________________________________
CITY CLERK'S STATEMENTS
I HEREBY CERTIFY THAT THIS MAP SHOWING THE PROPOSED BOUNDARIES OF ANNEXATION NO. 20 TO CITY OF MODESTO COMMUNITY FACILITIES DISTRICT NO. 2004-1 (VILLAGE ONE #2),
CITY OF MODESTO, COUNTY OF STANISLAUS, STATE OF CALIFORNIA, WAS APPROVED BY
THE CITY COUNCIL OF THE CITY OF MODESTO AT A REGULAR MEETING THEREOF, HELD ON THE ________ DAY OF ___________________ , 20_____ , BY ITS RESOLUTION NO. ___________________________________ . DIANE NAYARES-PEREZ, CITY CLERK BY: ___________________________________________ (SIGNATURE) ___________________________________________________________________________
PRINT NAME AND TITLE
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF MODESTO IN RECORDABLE FORM THIS ________ DAY OF ___________________ , 20_____ , DIANE NAYARES-PEREZ, CITY CLERK BY: ___________________________________________ (SIGNATURE) ___________________________________________________________________________
PRINT NAME AND TITLE
N.T.S.
SITE
VICINITY MAP SALONIE LANE
NOTE
THIS IS A MAP OF THE AREA TO BE ANNEXED TO THE CITY OF MODESTO COMMUNITY FACILITIES DISTRICT NO. 2004-1 (VILLAGE ONE #2), CITY OF MODESTO, COUNTY OF STANISLAUS, STATE OF CALIFORNIA, THE CONSOLIDATION BOUNDARY MA FOR WHICH WAS RECORDED NOVEMBER 23, 2005, IN BOOK 4 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE 33, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF STANISLAUS, STATE OF CALIFORNIA.
THE ORIGINAL DISTRICT BOUNDARY MAP WAS RECORDED ON MARCH 16, 2004, IN BOOK 3 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, AT PAGE 85, IN THAT OFFICE.
A MAP OF ANNEXATION NO. 11 TO THE DISTRICT WAS RECORDED ON FEBRUARY 9, 2006, IN BOOK 4 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, AT PAGE 36, IN THAT OFFICE.
A MAP OF ANNEXATION NO. 12 TO THE DISTRICT WAS RECORDED ON APRIL 26, 2006, IN BOOK 4 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, AT PAGE 42, IN THAT OFFICE.
A MAP OF ANNEXATION NO. 13 TO THE DISTRICT WAS RECORDED ON SEPTEMBER 8, 2006, IN BOOK 4 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, AT PAGE 57, IN THAT OFFICE.
A MAP OF ANNEXATION NO. 14 TO THE DISTRICT WAS RECORDED ON MAY 29, 2008, IN BOOK 4 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, AT PAGE 98, IN THAT OFFICE.
A MAP OF ANNEXATION NO. 15 TO THE DISTRICT WAS RECORDED ON NOVEMBER 4, 2016, IN BOOK 5 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, AT PAGE 52, IN THAT OFFICE.
A MAP OF ANNEXATION NO. 16 TO THE DISTRICT WAS RECORDED ON NOVEMBER 9, 2017, IN BOOK 5 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, AT PAGE 67, IN THAT OFFICE.
A MAP OF ANNEXATION NO. 17 TO THE DISTRICT WAS RECORDED ON JUNE 11, 2019, IN BOOK 5 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, AT PAGE 87, IN THAT OFFICE.
A MAP OF ANNEXATION NO. 18 TO THE DISTRICT WAS RECORDED ON JUNE 10, 2020, IN BOOK 6 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, AT PAGE 5, IN THAT OFFICE.
A MAP OF ANNEXATION NO. 19 TO THE DISTRICT WAS RECORDED ON APRIL 16, 2021, IN BOOK 6 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, AT PAGE 19, IN THAT OFFICE. #26..
- 1365 -
City of Modesto CFD No. 2004-1 1 December 10, 2004
CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(VILLAGE ONE #2)
UPDATED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES ADDING TAX ZONE #2
Special Taxes applicable to each Assessor’s Parcel in Community Facilities District No. 2004-1 (Village One #2) [herein “CFD No. 2004-1” or “the CFD”] shall be levied and collected according to the tax liability determined by the City Council of the City of Modesto, through the application of the appropriate amount or rate for Taxable Property, as described below. All of the property in CFD No. 2004-1, unless exempted by law or by the provisions of Section G below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 2004-1 unless a separate Rate and Method of Apportionment is adopted for the annexation area.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map or other Development Plan.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, (commencing with Section 53311), Division 2 of Title 5 of the California Government Code. “Administrative Expenses” means any or all of the following: the fees and expenses of any fiscal agent or trustee (including any fees or expenses of its counsel) employed in connection with any Bonds, and the expenses of the City carrying out its duties with respect to CFD No. 2004-1 and the Bonds, including, but not limited to, levying and collecting the Special Taxes, the fees and expenses of legal counsel, charges levied by the County Auditor’s Office, Tax Collector’s Office, and/or Treasurer’s Office, costs related to annexing property into the CFD, costs related to property owner inquiries regarding the Special Taxes, costs associated with complying with any continuing disclosure requirements for the Bonds and the Special Taxes, and all other costs and expenses of the City in any way related to the establishment or administration of the CFD. “Administrator” means the person or firm designated by the City to administer the Special Taxes according to this Rate and Method of Apportionment of Special Taxes. #26..
- 1366 -
City of Modesto CFD No. 2004-1 2 December 10, 2004
“Annual Facilities Special Tax” means a special tax levied in any Fiscal Year to pay the Annual Facilities Special Tax Requirement, as defined below.
“Annual Facilities Special Tax Requirement” means the amount necessary in any Fiscal Year (i) to pay principal and interest, including scheduled sinking fund payments, on Bonds, (ii) pay administrative expenses of CFD No. 2004-1 that have not been included in the Annual Maintenance Special Tax Requirement for the Fiscal Year, (iii) to create or replenish reserve funds, (iv) to cure any delinquencies in the payment of principal or interest on indebtedness of CFD No. 2004-1 which have occurred in the prior Fiscal Year or (based on delinquencies in the payment of the Annual Facilities Special Taxes which have already taken place) are expected to occur in the Fiscal Year in which the tax will be collected, and (v) to construct or acquire Authorized Facilities. The amounts referred to in clauses (i) and (iii) of the preceding sentence may be reduced in any Fiscal Year by: (i) interest earnings on or surplus balances in funds and accounts for the Bonds to the extent that such earnings or balances are available to apply against debt service pursuant to a Bond indenture, Bond resolution, or other legal document that sets forth these terms; (ii) proceeds received by CFD No. 2004-1 from the collection of penalties associated with delinquent Annual Facilities Special Taxes; and (iii) any other revenues available to pay debt service on the Bonds as determined by the Administrator.
“Annual Maintenance Special Tax” means a special tax levied in any Fiscal Year to pay the Maintenance Special Tax Requirement, as defined below.
“Annual Maintenance Special Tax Requirement” means that amount necessary in any Fiscal Year to (i) pay for Authorized Services, (ii) pay administrative expenses of CFD No. 2004-1 that have not been included in the Annual Facilities Special Tax Requirement for the Fiscal Year, and (iii) cure any delinquencies in the payment of Annual Maintenance Special Taxes levied in prior Fiscal Years or (based on delinquencies in the payment of Annual Maintenance Special Taxes which have already taken place) are expected to occur in the current Fiscal Year. “Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel number.
“Assessor’s Parcel Map” means an official map of the County Assessor designating parcels by Assessor’s Parcel number.
“Authorized Facilities”means those facilities that are authorized to be funded by CFD No. 2004-1. “Authorized Services” means those services that are authorized to be funded by CFD No. 2004-1. “Bonds” means bonds or other debt (as defined in the Act), whether in one or more series, issued, insured or assumed by CFD No. 2004-1 related to Authorized Facilities. “Capitalized Interest” means funds in any capitalized interest account available to pay debt service on Bonds.
#26..
- 1367 -
City of Modesto CFD No. 2004-1 3 December 10, 2004
“CFD Formation” means the date on which the Resolution of Formation to form CFD No. 2004-1 was adopted by the City Council.
“City” means the City of Modesto.
“City Council” means the City Council of the City of Modesto, acting as the legislative body of CFD No. 2004-1.
“Commercial Property” means all Parcels in CFD No. 2004-1 for which building permits have been or may be issued for construction of a commercial building based on reference to the Village One Specific Plan and/or the Parcel’s zoning designation. “County” means the County of Stanislaus.
“Developed Property” means, in any Fiscal Year, the following:
For purposes of levying the Annual Maintenance Special Tax, “Developed Property” means:
• for Low Density Residential Property and Village Residential Property, all Parcels for which a Final Map was recorded prior to June 30 of the preceding Fiscal Year but not prior to June 30, 2002,
• for Multi-Family Property, all Parcels for which a building permit for new construction of a residential structure was issued prior to June 30 of the preceding Fiscal Year, and
• for Commercial Property and Industrial Property, all Parcels for which a building permit for construction, reconstruction or expansion of a building structure was issued prior to June 30 of the preceding Fiscal Year. Notwithstanding the foregoing, Parcels of Commercial Property or Industrial Property on which a vacant building is located that cannot be occupied without demolition or reconstruction of the building shall not be categorized as Developed Property until a permit is issued for construction of a new building or reconstruction of the existing building.
For purposes of levying the Annual Facilities Special Tax, “Developed Property” means:
• for Low Density Residential Property and Village Residential Property, all Parcels for which a building permit for construction, or reconstruction of a unit was issued prior to June 30 of the preceding Fiscal Year but not prior to June 30, 2002, • for Multi-Family Attached Property, all Parcels for which a building permit for new construction of a residential structure was issued prior to June 30 of the preceding Fiscal Year, and
#26..
- 1368 -
City of Modesto CFD No. 2004-1 4 December 10, 2004
• for Commercial Property and Industrial Property, all Parcels for which a building permit for construction, reconstruction or expansion of a building structure was issued prior to June 30 of the preceding Fiscal Year. Notwithstanding the foregoing, Parcels of Commercial Property or Industrial Property on which a vacant building is located that cannot be occupied without demolition or reconstruction of the building shall not be categorized as Developed Property until a permit is issued for construction of a new building or reconstruction of the existing building. “Expected Land Uses” means the Net Taxable Acreage of each Land Use Class expected on an Original Parcel in CFD No. 2004-1 based on reference to the Expected Land Use Map. The Expected Land Uses for each Original Parcel in the CFD at the time of CFD Formation, and the corresponding Maximum Special Tax for each Parcel, are reflected in Attachment 2, which will be updated with each annexation of property into CFD No. 2004-1. “Expected Land Use Map” means the map entitled “Village One Zoning of Unvested Properties” and dated February 21, 2003, which is on file with the CFD Administrator at the City and the City Clerk and which identifies the Expected Land Uses on all Parcels within the Village One Specific Plan that either (i) are in CFD No. 2004-1 at CFD Formation, or (ii) may be annexed into the CFD in future Fiscal Years. The Expected Land Use Map may be updated in future years to add property within the Village One Specific Plan that was vested to develop when the map was prepared and, therefore, was not included in the map but subsequently has its vesting expire or for any other reason becomes subject to a condition of development that requires formation of, or annexation into, a CFD. “Final Map” means a final map, or portion thereof, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates lots which do not need to be further subdivided prior to issuance of a building permit for a residential or nonresidential structure. The term “Final Map” shall not include any Assessor’s Parcel Map or subdivision map or portion thereof, that does not create lots that are in their final configuration, including Assessor’s Parcels that are designated as remainder parcels. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “Improvement Area” means a geographic area that, upon annexation into CFD No. 2004-1, is identified as an improvement area as defined in the Act instead of a Tax Zone, as defined below.
Special Taxes collected within an Improvement Area will be the sole security for Bonds issued for that Improvement Area.
“Industrial Property” means all Parcels in CFD No. 2004-1 for which building permits have been or may be issued for construction of an industrial building based on reference to the Village One Specific Plan and/or the Parcel’s zoning designation.
“Land Use Class” means one of the five mutually-exclusive land use classes identified in Table 1 in Section C below and defined in this Section A. The City shall, in its sole discretion, determine the appropriate Land Use Class for Parcels on which a structure was built prior to CFD Formation. #26..
- 1369 -
City of Modesto CFD No. 2004-1 5 December 10, 2004
“Low Density Residential Property” means all Parcels in CFD No. 2004-1 for which a building permit has been or may be issued for construction of a residential unit on a Parcel with a maximum density of two or less dwelling units per gross acre based on reference to the Village One Specific Plan and/or the Parcel’s zoning designation.
“Maximum Annual Facilities Special Tax” means the greatest amount of Annual Facilities Special Tax that can be levied on an Assessor’s Parcel in any Fiscal Year determined in accordance with Sections C and D below.
“Maximum Annual Maintenance Special Tax”means the greatest amount of Annual Maintenance Special Tax that can be levied on an Assessor’s Parcel in any Fiscal Year determined in accordance with Sections C and D below.
“Maximum One-Time Facilities Special Tax” means the greatest amount of One-Time Facilities Special Tax that can be levied on an Assessor’s Parcel in any Fiscal Year determined in accordance with Sections C and D below.
“Maximum Special Taxes” means, collectively, the Maximum One-Time Facilities Special Tax, Maximum Annual Facilities Special Tax, and Maximum Annual Maintenance Special Tax. “Multi-Family Property” means all Parcels in CFD No. 2004-1 for which building permits have been or may be issued for construction of a residential structure consisting of two or more residential units that share common walls, including but not limited to, townhomes, condominiums, duplexes, triplexes, fourplexes, and apartment units. If a building permit has not yet been issued on the Parcel, the Administrator shall reference the Village One Specific Plan and/or the Parcel’s zoning designation to determine whether the Parcel is Multi-Family Property. “Net Taxable Acreage” or “Net Taxable Acre” means the total acreage within a Final Map or Parcel less arterial road right-of-ways and property that is defined in the Final Map for use as a park site, school site, or City-owned or CFD-owned storm drainage basin. If a Subdivision Map is recorded which is not a Final Map for some or all Parcels created by the subdivision, the Administrator shall calculate the Net Taxable Acreage of such unsubdivided Parcels by identifying the Acreage of the Parcel and (i) adding a portion of the acreage of any non-arterial right-of-way that fronts the Parcel determined by drawing lines at right angles to the right-of-way, and (ii) subtracting a portion of the acreage of any arterial right-of-way that fronts the Parcel determined by drawing lines at right angles to the right-of-way. The Net Taxable Acreage of a Parcel or Final Map shall be determined in the sole discretion of the City.
“One-Time Facilities Special Tax” means a Special Tax, levied and collected in full by the City prior to a structural building permit being issued for new construction on Taxable Property. “Original Parcel” means an Assessor’s Parcel in CFD No. 2004-1 at the time of CFD Formation or added to the CFD upon annexation, as identified in Attachment 2 (which shall be updated after each annexation). A Successor Parcel that is being further subdivided shall also be considered an #26..
- 1370 -
City of Modesto CFD No. 2004-1 6 December 10, 2004
Original Parcel for purposes of determining the Maximum Special Taxes pursuant to Section C below.
“Per-Acre Special Taxes” means the per-acre Special Taxes identified in Table 1 in Section C below.
“Proportionately” means, for Developed Property, that the ratio of the actual Annual Facilities Special Tax and Annual Maintenance Special Tax levied in any Fiscal Year to the Maximum Annual Facilities Special Tax and Maximum Annual Maintenance Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels of Developed Property, respectively. In addition, for Undeveloped Property, “Proportionately” means that the ratio of the actual Annual Facilities Special Tax and actual Annual Maintenance Facilities Special Tax to the Maximum Annual Facilities Special Tax and Maximum Annual Maintenance Special Tax is equal for all Assessor’s Parcels of Undeveloped Property, respectively.
“Public Property” means any property within the boundaries of CFD No. 2004-1 that is owned by the federal government, State of California, County, City, or other public agency. “Single Family Detached Lot” means an individual numbered lot, which is in its final configuration and for which a building permit may be issued for a single family detached unit. “Special Taxes” means, collectively, the One-Time Facilities Special Tax, the Annual Facilities Special Tax, and the Annual Maintenance Special Tax.
“Special Tax Category” means, individually, the One-Time Facilities Special Tax, the Annual Facilities Special Tax, and the Annual Maintenance Special Tax. “Subdivision Map” means a Final Map, large lot subdivision map, or other map recorded with the County that results in the subdivision of an Original Parcel into two or more Successor Parcels. “Successor Parcel” means an Assessor’s Parcel of Taxable Property created by the subdivision or reconfiguration of an Original Parcel on which construction of a residential or non-residential structure is permitted.
“Taxable Property” means all of the Assessor’s Parcels within the boundaries of CFD No. 2004-1 which are not exempt from the Special Tax pursuant to law or Section G below. “Taxable Public Property” means, in any Fiscal Year, all Parcels of Public Property within CFD No. 2004-1 that, (i) based on the Village One Specific Plan, were expected to be Taxable Property and, (ii) based on this expectation, Maximum Special Taxes were assigned to the Parcels in a prior Fiscal Year.
“Tax Zone” means a mutually exclusive geographic area within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Taxes. Attachment 1 identifies the boundaries of Tax Zone #1 and Tax Zone #2 as of the date of adoption of this updated #26..
- 1371 -
City of Modesto CFD No. 2004-1 7 December 10, 2004
Rate and Method of Apportionment of Special Tax; additional Tax Zones may be created when property is annexed into the CFD. Alternatively, additional Original Parcels may be added to a Tax Zone with assigned Maximum Special Taxes based on the Expected Land Uses on each Original Parcel.
“Tax Zone #1” means the geographic area that is designated in Attachment 1 of this Rate and Method of Apportionment of Special Tax as Tax Zone #1. Tax Zone #1 may be expanded to include additional Original Parcels that annex to CFD No. 2004-1; Attachments 1 and 2 will be updated each time such an annexation takes place.
“Tax Zone #2” means the geographic area that is designated in Attachment 1 of this Rate and Method of Apportionment of Special Tax as Tax Zone #2. Tax Zone #2 may be expanded to include additional Original Parcels that annex to CFD No. 2004-1; Attachments 1 and 2 will be updated each time such an annexation takes place.
“Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property within CFD No. 2004-1 that are not Developed Property.
“Village One Specific Plan” means the specific plan for development within the Village One project in the City of Modesto adopted by the City Council on April 1, 2003, as amended from time to time.
“Village Residential Property” means, in any Fiscal Year, all Parcels in CFD No. 2004-1 for which a building permit has been or may be issued for construction of a residential unit on a Parcel with a maximum density greater than two dwelling units per gross acre based on reference to the Village One Specific Plan and/or the Parcel’s zoning designation.
B. DATA FOR ANNUAL ADMINISTRATION
On or about July 1 of each Fiscal Year, the Administrator shall identify the current Assessor’s Parcel numbers for all Parcels of Taxable Property in CFD No. 2004-1. The Administrator shall also determine: (i) the Tax Zone within which each Parcel of Taxable Property is located, (ii) whether each Assessor’s Parcel of Taxable Property is Developed Property or Undeveloped Property, (iii) which Parcels are Commercial Property, Industrial Property, Multi-Family Property, Low Density Residential Property, and Village Residential Property (the City shall, in its sole discretion, determine the appropriate Land Use Class for Parcels on which a structure was built prior to CFD Formation), (iv) the Net Taxable Acreage of each Parcel, and (v) the Annual Facilities Special Tax Requirement and the Annual Maintenance Special Tax Requirement.
In any Fiscal Year, if it is determined that (i) a parcel map for a portion of property in CFD No. 2004-1 was recorded after January 1 of the prior Fiscal Year (or any other date after which the Assessor will not incorporate the newly-created Parcels into the then current tax roll), (ii) because of the date the parcel map was recorded, the Assessor does not yet recognize the new Parcels created by the parcel map, and (iii) one or more of the newly-created Parcels meets the definition of #26..
- 1372 -
City of Modesto CFD No. 2004-1 8 December 10, 2004
Developed Property, the Administrator shall calculate the Special Tax for the property affected by recordation of the parcel map by determining the Special Tax that applies separately to each newlycreated Parcel, then applying the sum of the individual Special Taxes to the Original Parcel or Successor Parcel that was subdivided by recordation of the parcel map.
C. CALCULATING MAXIMUM SPECIAL TAXES
The Administrator shall use the procedures set forth below to calculate the Maximum Special Taxes for each Parcel in CFD No. 2004-1 in each Fiscal Year, including the Maximum One-Time Facilities Special Tax, Maximum Annual Facilities Special Tax, and Maximum Annual Maintenance Special Tax. A separate method of calculating the Maximum Special Taxes may be identified for Tax Zones or Improvement Areas added to CFD No. 2004-1 as a result of future annexations. The Per-Acre Special Taxes set forth in Table 1 below shall be used for purposes of Sections C.1 and C.2 below:
Table 1
Per-Acre Special Taxes
Fiscal Year 2004-05 *
Land Use
Class
Per-Acre Special
Tax: One-Time
Facilities
Special Tax
TAX ZONE #1
Per-Acre Special
Tax: One-Time
Facilities
Special Tax
TAX ZONE #2
Per-Acre Special
Tax: Annual
Facilities Special
Tax
Per-Acre Special
Tax: Annual
Maintenance
Special Tax
Low Density
Residential
Property
$13,342 per
Net Taxable Acre
$19,576 per
Net Taxable Acre
$3,517 per
Net Taxable Acre
$525 per
Net Taxable Acre
Village
Residential
Property
$30,281 per
Net Taxable Acre
$44,429 per
Net Taxable Acre
$6,405 per
Net Taxable Acre
$1,233 per
Net Taxable Acre
Multi-Family
Property
$101,437 per
Net Taxable Acre
$148,832 per
Net Taxable Acre
$7,222 per
Net Taxable Acre
$4,020 per
Net Taxable Acre
Commercial
Property
$52,102 per
Net Taxable Acre
$76,446 per
Net Taxable Acre
$3,570 per
Net Taxable Acre
$920 per
Net Taxable Acre
Industrial
Property
$13,103 per
Net Taxable Acre
$19,225 per
Net Taxable Acre
$2,550 per
Net Taxable Acre
$920 per
Net Taxable Acre
* All Per-Acre Special Taxes shown in Table 1 are subject to the annual adjustments described in Section D below.
1. Original Parcels
The Maximum Special Taxes for each Land Use Class in the Original Parcels in CFD No. 2004-1 as of the date of approval of this updated Rate and Method of Apportionment of Special Tax are identified in Attachment 2. Attachment 2 will be updated by the #26..
- 1373 -
City of Modesto CFD No. 2004-1 9 December 10, 2004
Administrator as needed to reflect Original Parcels added to the CFD due to additional annexations. Until an Original Parcel is subdivided, the Maximum Special Taxes shown in Attachment 2 (escalated as set forth herein) shall be the Maximum Special Taxes for the Parcel unless the zoning on the Original Parcel changes to a Land Use Class that has higher Per-Acre Special Taxes, as shown in Table 1 above. Upon approval of such change in zoning by the City Council, the Administrator shall multiply the applicable Per-Acre Special Taxes by the Net Taxable Acreage of each Land Use Class that is expected on the Parcel based on the rezone. The Administrator shall then update Attachment 2 to reflect the higher Maximum Special Taxes for the Parcel. If a rezone results in a Land Use Class that has a lower Per-Acre Special Tax than the previous Expected Land Uses, there shall be no corresponding reduction in the Maximum Special Taxes for the Parcel. The potential reduction in Maximum Special Tax revenues must be considered separately for each Special Tax Category. If the rezone would cause a reduction in the Maximum Special Tax revenues in any Special Tax Category, the Maximum Special Tax identified for that Special Tax Category shall remain the same as originally assigned to the Original Parcel.
2. Successor Parcels
a. All Successor Parcels are Single Family Detached Lots If the Parcels created by a recorded Subdivision Map are all Single Family Detached Lots, the Administrator shall apply the following steps to allocate the Maximum Special Taxes for the Original Parcel to each of the Successor Parcels created by the subdivision:
Step 1: Determine the greater of (i) the Maximum Special Taxes assigned to each Expected Land Use for the Original Parcel, or (ii) the Net Taxable Acreage of Low Density Residential Property and/or Village Residential Property within the Subdivision Map multiplied by the Per-Acre Special Taxes for such Land Use Classes from Table 1 above. If the Subdivision Map includes both Low Density Residential Property and Village Residential Property, separately calculate the amount that applies to each Land Use Class.
Step 2: Separately for any Low Density Residential Property and Village Residential Property created by the Subdivision Map, divide the Maximum Special Taxes from Step 1 by the number of Successor Parcels to determine the Maximum Special Taxes for each Single Family Detached Lot.
b. No Successor Parcels are Single Family Detached Lots If none of the Successor Parcels created by recordation of a Subdivision Map are Single Family Detached Lots, the Administrator shall apply the following steps to #26..
- 1374 -
City of Modesto CFD No. 2004-1 10 December 10, 2004
allocate the Maximum Special Taxes assigned to the Original Parcel to each of the Successor Parcels:
Step 1: Identify the Expected Land Uses for the Original Parcel.
Step 2: Determine the Net Taxable Acreage within each Land Use Class created by the Subdivision Map.
Step 3: If the Net Taxable Acreage of each Land Use Class from Step 2 is the same as the Expected Land Uses, the Maximum Special Taxes assigned to each of the Expected Land Uses on the Original Parcel shall be allocated to the Successor Parcels based on the Acreage of each Land Use Class that occurs on each Successor Parcel.
Step 4: If the Net Taxable Acreage within each Land Use Class from Step 2 is different than the Expected Land Uses for the Original Parcel, the Administrator shall apply the following steps separately for each Special Tax Category:
Step 4a. Multiply the applicable Per-Acre Special Tax by the Net Taxable Acreage of each Land Use Class created by the
Subdivision Map.
Step 4b. If the amount calculated in Step 4a is greater than the Maximum Special Tax assigned to the Original Parcel,
multiply the Net Taxable Acreage of each Land Use Class on each Successor Parcel by the applicable Per-Acre Special Tax from Table 1 above to determine the Maximum Special Tax for each Successor Parcel.
Step 4c. If the amount calculated in Step 4a is less than the Maximum Special Tax assigned to the Original Parcel: (i) identify the Maximum Special Tax that was assigned to each of the
Expected Land Uses on the Parcel, (ii) divide the Maximum Special Tax for each Land Use Class by the Net Taxable
Acreage of each Land Use Class actually created by the
Subdivision Map, and (iii) multiply the per-acre Maximum Special Tax calculated in (ii) by the Net Taxable Acreage of each Land Use Class on each Successor Parcel to determine the Maximum Special Tax for each Parcel.
If the Land Use Classes on a Successor Parcel or Parcels are different than the Expected Land Uses for that Parcel(s) and such difference would result in a reduction in the Maximum Special Tax assigned to the Original Parcel for any Special #26..
- 1375 -
City of Modesto CFD No. 2004-1 11 December 10, 2004
Tax Category, the Maximum Special Tax assigned to the
Original Parcel shall either be distributed equally on a peracre basis to the Successor Parcels or, if multiple Land Use Classes are created by the Subdivision Map, the Maximum Special Tax from the Original Parcel shall be distributed to each Land Use Class so that the per-acre tax for each Land Use Class has the same proportional relationship as the PerAcre Special Taxes in Table 1 above.
If, after subdivision of an Original Parcel, a Successor Parcel is further subdivided, the Successor Parcel shall be treated as an Original Parcel for purposes of allocating Maximum Special Taxes pursuant to Section C.2a, C.2b, or C.2c, as appropriate. c. Some, But Not All, Successor Parcels are Single Family Detached Lots If a Subdivision Map divides an Original Parcel into Successor Parcels, of which some are Single Family Detached Lots and some are not, the Administrator shall (i) break out the Net Taxable Acreage of Low Density Residential Property and/or Village Residential Property separately from the Net Taxable Acreage of other Land Use Classes, (ii) for the Low Density Residential Property and/or Village Residential Property created by the Subdivision Map, apply the steps in Section C.2a to determine the Maximum Special Taxes for each Single Family Detached Lot, and (iii) apply the steps in Section C.2b above to determine the Maximum Special Taxes for Land Use Classes other than Low Density Residential Property and Village Residential Property.
If, after subdivision of an Original Parcel, a Successor Parcel is further subdivided, the Successor Parcel shall be treated as an Original Parcel for purposes of allocating Maximum Special Taxes pursuant to Section C.2a, C.2b, or C.2c, as appropriate.
After each reallocation of the Maximum Special Taxes upon subdivision or reconfiguration of Original Parcels, the sum of the Maximum Special Taxes assigned to Successor Parcels shall never be less, but may be more, than the Maximum Special Taxes assigned to the Original Parcels prior to such reallocation.
D. ESCALATION OF MAXIMUM SPECIAL TAXES
1. One-Time Facilities Special Tax
Beginning in January 2005 and each January thereafter, the Maximum One-Time Facilities Special Tax assigned to each Parcel and the Per-Acre Special Tax shown in Table 1 above shall be adjusted annually by the greater of (i) the percentage increase, if any, in the construction cost index for the San Francisco region for the prior twelve (12) month period as published in the Engineering News Record or other comparable source #26..
- 1376 -
City of Modesto CFD No. 2004-1 12 December 10, 2004
if the Engineering News Record is discontinued or otherwise not available, or (ii) four percent (4.0%). Each annual adjustment of the One-Time Facilities Special Tax shall become effective on the subsequent July 1.
2. Annual Facilities Special Tax
Beginning in Fiscal Year 2005-06, and each Fiscal Year thereafter, the Maximum Annual Facilities Special Tax assigned to each Parcel and the Per-Acre Special Tax shown in Table 1 above shall be increased by two percent (2%) of the amount in effect in the prior Fiscal Year.
3. Annual Maintenance Special Tax
Beginning in January 2005 and each January thereafter, the Maximum Annual Maintenance Special Tax assigned to each Parcel and the Per-Acre Special Tax shown in Table 1 above shall be adjusted annually by the greater of (i) the percentage increase, if any, in the construction cost index for the San Francisco region for the prior twelve (12) month period as published in the Engineering News Record or other comparable source if the Engineering News Record is discontinued or otherwise not available, or (ii) four percent (4.0%). Each annual adjustment of the Maximum Annual Maintenance Special Tax shall become effective on the subsequent July 1.
E. METHOD OF LEVY OF THE SPECIAL TAX
1. One-Time Facilities Special Tax
The Maximum One-Time Facilities Special Tax determined pursuant to Sections C and D above shall be levied on all Taxable Property in CFD No. 2004-1 and shall be collected as set forth in Section F below.
2. Annual Facilities Special Tax
Commencing with Fiscal Year 2004-05 and for each following Fiscal Year, the Administrator shall determine the Annual Facilities Special Tax Requirement for the Fiscal Year. The Annual Facilities Special Tax shall then be levied on all Parcels of Taxable Property in CFD No. 2004-1 as follows:
Step 1: The Annual Facilities Special Tax shall be levied Proportionately on each Parcel of Developed Property within the CFD up to 100% of the Maximum Annual Facilities Special Tax for each Parcel for such Fiscal Year until the amount levied on Developed Property is equal to the Special Tax Requirement prior to applying any Capitalized Interest that is available in the CFD accounts;
#26..
- 1377 -
City of Modesto CFD No. 2004-1 13 December 10, 2004
Step 2: If additional revenue is needed after Step 1, and after applying Capitalized Interest to the Annual Facilities Special Tax Requirement, the Annual Facilities Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property within the CFD, up to 100% of the Maximum Annual Facilities Special Tax for each Parcel of Undeveloped Property for such Fiscal Year;
Step 3: If additional revenue is needed after applying the first two steps, the Annual Facilities Special Tax shall be levied Proportionately on each Assessor’s Parcel of Taxable Public Property, up to 100% of the Maximum Annual Facilities Special Tax assigned to each Parcel of Taxable Public Property.
3. Annual Maintenance Special Tax
Commencing with Fiscal Year 2004-05 and for each following Fiscal Year, the Administrator shall determine the Maintenance Special Tax Requirement for the Fiscal Year.
The Annual Maintenance Special Tax shall then be levied on all Parcels of Taxable Property as follows:
Step 1: The Annual Maintenance Special Tax shall be levied Proportionately on each Parcel of Developed Property within the CFD up to 100% of the Maximum Annual Maintenance Special Tax for each Parcel for such Fiscal Year; Step 2: If additional revenue is needed after Step 1, the Annual Maintenance Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property within the CFD, up to 100% of the Maximum Annual Maintenance Special Tax for each Parcel of Undeveloped Property for such Fiscal Year;
Step 3: If additional revenue is needed after applying the first two steps, the Annual Maintenance Special Tax shall be levied Proportionately on each Assessor’s Parcel of Taxable Public Property, up to 100% of the Maximum Annual Maintenance Special Tax assigned to each Parcel of Taxable Public Property.
F. COLLECTION OF SPECIAL TAX
The Maximum One-Time Facilities Special Tax shall be collected prior to a building permit being issued for new construction of any residential or non-residential structure on Taxable Property within CFD No. 2004-1, and shall be immediately delinquent if not so paid.
The Annual Facilities Special Tax and Annual Maintenance Special Tax for CFD No. 2004-1 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that prepayments are permitted as set forth in Section H below and provided further that the City may directly bill, collect at a different time or in a different manner, and/or #26..
- 1378 -
City of Modesto CFD No. 2004-1 14 December 10, 2004
collect delinquent Annual Facilities Special Taxes and Annual Maintenance Special Taxes through foreclosure or other available methods.
The Annual Facilities Special Tax shall be levied and collected until principal and interest on Bonds have been repaid, costs of constructing or acquiring Authorized Facilities from Annual Facilities Special Tax proceeds have been paid, and all Administrative Expenses have been reimbursed.
However, in no event shall an Annual Facilities Special Tax be levied after Fiscal Year 2060-61.
The Annual Maintenance Special Tax will continue to be levied and collected unless and until the City determines that the Annual Maintenance Special Tax no longer needs to be levied to pay Authorized Services of the CFD and all Administrative Expenses have been reimbursed. Under no circumstances may the Annual Facilities Special Tax on one Parcel in the CFD be increased by more than ten percent (10%) as a consequence of delinquency or default in payment of the Annual Facilities Special Tax levied on another Parcel or Parcels in the CFD.
G. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Taxes, no Special Taxes shall be levied on Public Property, except Taxable Public Property, as defined herein.
H. PREPAYMENT OF SPECIAL TAX
The following definitions apply to this Section H:
“Outstanding Bonds” means all Previously Issued Bonds which remain outstanding, with the following exception: if an Annual Facilities Special Tax has been levied against, or already paid by, an Assessor’s Parcel making a prepayment, and a portion of the Annual Facilities Special Tax will be used to pay a portion of the next principal payment on the Bonds that remain outstanding (as determined by the Administrator), that next principal payment shall be subtracted from the total Bond principal that remains outstanding, and the difference shall be used as the amount of Outstanding Bonds for purposes of this prepayment formula.
“Previously Issued Bonds” means all Bonds that have been issued on behalf of the CFD prior to the date of prepayment.
“Public Facilities Requirements” means either $14,100,000 in 2004 dollars, which shall increase on January 1, 2005, and on each January 1 thereafter by the percentage increase, if any, in the construction cost index for the San Francisco region for the prior twelve (12) month period as published in the Engineering News Record or other comparable source if the Engineering News Record is discontinued or otherwise not available, or such other number as shall be determined by the City as sufficient to fund Authorized Facilities. The Public Facilities Requirements shown above shall be adjusted or a separate Public Facilities #26..
- 1379 -
City of Modesto CFD No. 2004-1 15 December 10, 2004
Requirements identified each time property annexes into CFD No. 2004-1; at no time shall the added Public Facilities Requirement for the annexation area exceed the amount of public improvement costs that are expected to be supportable by the Maximum Annual Facilities Special Tax generated within that annexation area.
“Remaining Facilities Costs” means the Public Facilities Requirements (as defined above), minus costs of Authorized Facilities funded by Outstanding Bonds (as defined above), developer equity, and/or any other source of funding.
The Annual Facilities Special Tax obligation applicable to an Assessor’s Parcel in the CFD may be prepaid and the obligation of the Assessor’s Parcel to pay the Annual Facilities Special Tax permanently satisfied as described herein, provided that a prepayment may be made only if there are no delinquent Annual Facilities Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. The Annual Maintenance Special Tax may not be prepaid. An owner of an Assessor’s Parcel intending to prepay the Annual Facilities Special Tax obligation shall provide the City with written notice of intent to prepay. Within 30 days of receipt of such written notice, the City or its designee shall notify such owner of the prepayment amount for such Assessor’s Parcel. Prepayment must be made not less than 75 days prior to any redemption date for Bonds to be redeemed with the proceeds of such prepaid Annual Facilities Special Taxes. The Prepayment Amount shall be calculated as follows: (capitalized terms as defined below):
Bond Redemption Amount
plus Remaining Facilities Amount
plus Redemption Premium
plus Defeasance Requirement
plus Administrative Fees and Expenses
less Reserve Fund Credit
equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount shall be determined by application of the following steps:
Step 1. Compute the total Maximum Annual Facilities Special Tax that could be collected from the Assessor’s Parcel prepaying the Annual Facilities Special Tax in the Fiscal Year in which prepayment would be received by the City.
Step 2. Divide the Maximum Annual Facilities Special Tax from Step 1 by the total amount that could be collected if the Maximum Annual Facilities Special Tax was levied on all Parcels of Taxable Property in the CFD.
Step 3. Multiply the quotient computed pursuant to Step 2 by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the “Bond Redemption Amount”).
Step 4. Compute the current Remaining Facilities Costs (if any). #26..
- 1380 -
City of Modesto CFD No. 2004-1 16 December 10, 2004
Step 5. Multiply the quotient computed pursuant to Step 2 by the amount determined pursuant to Step 4 to compute the amount of Remaining Facilities Costs to be prepaid (the “Remaining Facilities Amount”).
Step 6. Multiply the Bond Redemption Amount computed pursuant to Step 3 by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).
Step 7. Compute the amount needed to pay interest on the Bond Redemption Amount starting with the first Bond interest payment date after which the prepayment has been received until the earliest redemption date for the Outstanding Bonds, which, depending on the Bond offering document, may be as early as the next interest payment date.
Step 8: Compute the amount of interest the City reasonably expects to derive from reinvestment of the Bond Redemption Amount plus the Redemption Premium from the first Bond interest payment date after which the prepayment has been received until the redemption date for the Outstanding Bonds.
Step 9: Take the amount computed pursuant to Step 7 and subtract the amount computed pursuant to Step 8 (the “Defeasance Requirement”).
Step 10. Determine the costs of computing the prepayment amount, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the “Administrative Fees and Expenses”).
Step 11. If and to the extent so provided in the indenture pursuant to which the Outstanding Bonds to be redeemed were issued, a reserve fund credit shall be calculated as a reduction in the applicable reserve fund for the Outstanding Bonds to be redeemed pursuant to the prepayment (the “Reserve Fund Credit”).
Step 12. The Annual Facilities Special Tax prepayment is equal to the sum of the amounts computed pursuant to Steps 3, 5, 6, 9, and 10, less the amount computed pursuant to Step 11 (the “Prepayment Amount”).
If an owner that has prepaid the Annual Facilities Special Tax obligation assigned to a Parcel subsequently rezones the Parcel to a Land Use Class that has a higher Per-Acre Annual Facilities Special Tax, the City may in its sole discretion and as a condition of approval of the rezoning, collect the additional Annual Facilities Special Tax prepayment that would have applied had the Parcel been rezoned at the time of the original prepayment for the Parcel. #26..
- 1381 -
City of Modesto CFD No. 2004-1 17 December 10, 2004
I. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that does not materially affect the Rate and Method of Apportionment of Special Taxes. In addition, the interpretation and application of any section of this document shall be left to 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 of Special Taxes. #26..
- 1382 -
Enochs High Grogan Park
085-002-079
077-009-057
077-008-034
077-008-031
077-008-035
077-008-032
Central Basi
Ustach Middl
077-033-012
Ustach Park
West Basin
077-008-033
Freedom Park
085-009-004
Future Schoo
077-008-030
085-050-003
077-009-025
Sanders Scho
Freedom Scho
085-001-061
085-001-047
085-003-057
077-009-056
077-009-055
085-001-017
085-001-046
085-007-018
Sanders Park
085-009-005
085-001-026
085-050-001
077-033-011
084-002-041
077-009-014
077-033-013
085-033-068
085-001-010
085-018-060
085-033-066
077-033-002
085-033-067
077-033-009
085-034-080
085-013-067 085-013-069
085-001-045
®
Tax Zone #1
CFD Formation077-033-007077-033-009085-034-080Annexation #1085-002-034085-002-035 Annexation #2077-008-031077-008-034077-008-035077-009-014077-009-056077-009-057 Annexation #3085-013-067085-013-069Annexation #4077-033-002085-007-018 Annexation #5077-009-055
Annexation #6085-001-061Annexation #7085-002-079Annexation #8085-002-039084-002-041 Annexation #9077-008-032077-008-033085-001-047085-001-017085-001-046085-018-060085-009-004085-009-005 Tax Zone #2
ATTACHMENT 1
City of Modesto
Community Facilities District No. 2004-1
(Village One #2)
IDENTIFICATION OF TAX ZONES
Updated by PI 4/17/24
Floyd Ave.
Roselle Ave.
Oakdale Rd.
Sylvan Ave.
Fine Ave.
Claus Rd.
Litt Rd.
Millbrook Ave.
Esta Ave.
Sharon Ave.
Merle Ave.
Briggsmore Ave.
Dermond Rd.
Hillglen Ave.
Kodiak Dr.
Wood Sorrell Dr.
Aria Way
McReynolds Ave.
Maid Mariane Ln.
Annexation #10085-001-010
Annexation #11085-001-045
Annexation #12077-009-025085-001-026085-033-066085-033-067085-033-068 Non-taxable Property 085-003-057
Annexation #13077-008-030
Annexation #15
077-046-079
Annexation #16077-009-058
077-033-010
Annexation #19
085-040-063
085-007-009
085-040-063
085-007-009
Annexation #20
077-008-040077-008-039
077-008-040
077-008-039
#26..
- 1383 -
ATTACHMENT 2
City of Modesto Community Facilities District No. 2004-1 (Village One #2) Maximum Special Taxes Assigned to Expected Land Uses Within Each Original Parcel in Each Tax Zone Last updated 4/17/24 Tax
Zone Annexation Project Assessor's Parcel Number
Expected
Land
Uses *
Expected Net
Taxable
Acreage
Fiscal Year 2004-05
Maximum One-Time
Facilities Special Tax/1
Fiscal Year 2004-05
Maximum Annual Facilities
Special Tax/2
Fiscal Year 2004-05 Maximum
Annual Maintenance Special
Tax/3
1 Formation Oakcrest Subdivision 077-033-012 VR F 13.930 $421,814.33 $89,221.65 $17,175.69 1 Formation Oakdale Park Subdivision 077-033-013 VR F 2.220 $67,223.82 $14,219.10 $2,737.26 1 Formation 3400 Bobs Way 077-033-011 C F 3.050 $158,911.10 $10,888.50 $2,806.00 1 Formation Modesto Endoscopy
Center
077-033-009 C F 0.930 $48,454.86 $3,320.10 $855.60
1 Formation 3032 Merle (53-PM-57) 085-034-
081,082,084,085
VR F 0.740 $22,407.94 $4,739.70 $912.42
1 Formation Merle Ave. (53-PM-57) 085-034-083 VR F 0.260 $7,873.06 $1,665.30 $320.58 1 1 Shadow Creek
Apartments
085-002-034 MF F 4.620 $468,638.94 $33,365.64 $18,572.40 1 1 Shadow Creek
Apartments
085-002-035 MF F 4.880 $495,012.56 $35,243.36 $19,617.60 1 2 Village Ranch Unit #1 077-008-031(partial) VR F 12.253 $371,033.09 $78,480.47 $15,107.95 1 2 Village Ranch Unit #2 077-008-031(partial) VR F 12.248 $370,881.69 $78,448.44 $15,101.78 1 2 Hacienda Del Sol Unit #1 077-008-034, 35
(partial)
VR F 20.400 $617,732.40 $130,662.00 $25,153.20
1 2 Hacienda Del Sol Unit #2 077-008-034, 35
(partial)
VR F 16.125 $488,281.13 $103,280.63 $19,882.13
1 2 Hacienda Del Sol
Apartments
077-008-034 (partial) MF F 10.600 $1,075,232.20 $76,553.20 $42,612.00 1 2 Kodiak Village II
Subdivision
077-009-014,056 VR F 12.220 $370,033.82 $78,269.10 $15,067.26 1 2 Kodiak Village Subdivision 077-009-057 VR F 38.970 $1,180,050.57 $249,602.85 $48,050.01 1 3 Merle/Paramount
Apartments
085-013-067 MF F 0.570 $57,819.09 $4,116.54 $2,291.40
1 3 Merle/Paramount
Apartments
085-013-069 MF F 0.570 $57,819.09 $4,116.54 $2,291.40
1 4 3424 Oakdale Road 077-033-002 C F 1.120 $58,354.24 $3,998.40 $1,030.40 1 4 3837 Merle Avenue 085-007-018 VR e 3.060 $92,659.86 $19,599.30 $3,772.98 1 5 Kodiak Village III
Subdivision
077-009-055 VR F 6.450 $195,312.45 $41,312.25 $7,952.85 2 6 Burkshire Estates I
(Lagos)
085-001-061 VR F 8.450 $375,425.05 $54,122.25 $10,418.85 2 7 Falling Leaf Subdivision 085-002-079
VR F 27.230 $1,209,801.67 $174,408.15 $33,574.59
MF F 8.780 $1,306,744.96 $63,409.16 $35,295.60
C F 2.050 $156,714.30 $13,130.25 $2,527.65
2 8 Bhatti Estates Subdivision 085-050-001 VR e 3.480 $154,612.92 $22,289.40 $4,290.84 2 8 Sylvan Vet Clinic 084-002-041 C e 2.860 $218,635.56 $10,210.20 $2,631.20 2 9 The Plaza Subdivision 077-008-032,033 VR F 31.180 $1,385,296.22 $199,707.90 $38,444.94 2 9 Hillglen Subdivision 085-001-047 VR e 8.370 $371,870.73 $53,609.85 $10,320.21 2 9 Burkshire Estates II
(portion)
085-001-017,046 VR e 8.740 $388,309.46 $55,979.70 $10,776.42 2 9 Ramirez Estates 085-018-060 VR e 1.520 $67,532.08 $9,735.60 $1,874.16 2 9 V1 Commercial Center 085-009-004 C e 10.670 $815,678.82 $38,091.90 $9,816.40 2 9 Housing Authority
Apartments
085-009-005 MF e 5.000 $744,160.00 $36,110.00 $20,100.00 2 10 Tarantella Estates 085-001-010 VR F 1.419 $63,044.75 $9,088.70 $1,749.63 2 11 Burkshire Estates II
(portion)
085-001-045 VR e 0.490 $21,770.21 $3,138.45 $604.17
2 12 Graham Estates 085-033-066,067,068 VR e 4.030 $179,048.87 $25,812.15 $4,968.99 2 12 Hillglen Sunrise 077-009-025 VR e 9.630 $427,851.27 $61,680.15 $11,873.79 2 12 Pimentel Corners 085-001-026 C e 3.220 $246,156.12 $11,495.40 $2,962.40 2 12 Thomas Terrace 085-003-057 VR e 7.870 $349,656.23 $50,407.35 $9,703.71 2 13 Village Ranch Apartments 077-008-030 MF F 10.040 $1,494,273.28 $72,508.88 $40,360.80 2 14 Walgreens 085-050-006,7,8 MF F 1.658 $246,763.46 $11,974.08 $6,665.16 2 15 2500 Sylvan 077-046-079 VR e .495 $21,992.36 $3,170.48 $610.34 #26..
- 1384 -
ATTACHMENT 2
City of Modesto Community Facilities District No. 2004-1 (Village One #2) 2 16 Hillglen Parks Subdivision 077-009-058 VR F 11.04 $893,388.15 $91,472.47 $24,793.63 2 17 Villa D’Este 085-064-003 VR F 7.14 $600,906.40 $60,342.00 $16,767.47 2 18 Public Storage Modesto 077-033-010 C F 2.50 $198,759.70 $4,789.60 $12,252.13 2 19 Metro at the Village 085-040-063 MF F 5.35 $841,686.93 $53,041.29 $44,787.42 2 19 Icon at the Village 085-007-009 VR F 2.99 $140,423.02 $26,290.16 $7,677.30 2 20 NRB Investments/
Modesto 92 LP 077-008-039 VR e 18.735 $1,083,066.23 $174,814.04 $59,213.84 2 20 NRB Investments/
Modesto 92 LP 077-008-040 VR e 14.959 $864,776.50 $139,580.63 $47,279.42 $21,068,923.93 $2,572,770.14 $719,041.04
* This column denotes if this is an estimated taxable acreage(e) or a final calculated taxable acreage(F).
1. Beginning in January 2005 and each January thereafter, the Maximum One-Time Facilities Special Tax shall be adjusted by the greater of (i) the percentage increase, if any, in the construction cost index for the San Francisco region for the prior twelve (12) month period as published in the Engineering News Record or other comparable source if the Engineering News Record is discontinued or otherwise not available, or (ii) four percent (4.0%). Each annual adjustment of the Maximum One-Time Facilities Special Tax shall become effective on the subsequent July 1.
2. Beginning in Fiscal Year 2005-06 and each Fiscal Year thereafter, the Maximum Annual Facilities Special Tax shall escalate by 2.0% of the amount in effect in the prior Fiscal Year.
3. Beginning in January 2005 and each January thereafter, the Maximum Annual Maintenance Special Tax shall be adjusted by the greater of (i) the percentage increase, if any, in the construction cost index for the San Francisco region for the prior twelve (12) month period as published in the Engineering News Record or other comparable source if the Engineering News Record is discontinued or otherwise not available, or (ii) four percent (4.0%). Each annual adjustment of the Maximum Annual Maintenance Special Tax shall become effective on the subsequent July 1. #26..
- 1385 -
- 1 -
4/23/2024 5:00:00 PM
OFFICE OF THE CITY CLERK
NOTICE OF SPECIAL MEETING
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on
TUESDAY, JUNE 11, 2024 AT 4:45 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.
Any and all of the following agenda items are subject to action being taken by the Modesto City Council.
The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Brittoni Estrella, et al. v. City of Modesto et al.
United States Eastern District
Case No.: 1:22-cv-00921
BY ORDER OF THE CHAIR
/S
Diane Nayares-Perez, City Clerk
Posted pursuant to Government Code Section 54956 on the bulletin board at Tenth Street Place on at by
date time signature
#27..
- 1386 -