Staff is recommending the approval of a Grant of Permanent Easement and Right-of-Way to allow MID the ability to continue to operate and maintain the facilities located at 7111 McHenry Avenue.
FISCAL IMPACT:
There are no expenses associated with this action.
COMMITTEE RECOMMENDATION:
This item was considered by the Economic Development Committee at the meeting held on August 5, 2024, where it was recommended that it be forwarded to Council for approval.
CEQA/NEPA REQUIREMENTS:
There are no CEQA/NEPA requirements associated with this action.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving a Grant of Permanent Easement and Right-of-Way to Modesto Irrigation District to cover existing irrigation facilities within a portion of APN 004-102-003, consenting to the recordation thereof and authorizing the City Manager, or his designee, to execute the grant of permanent easement and all related documents.
Approved by:
William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Grant of Easement
3. Grant of Easement – Exhibits
4. Grant of Easement – Certificate of Acceptance
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1 2024-XXX
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX
RESOLUTION APPROVING A GRANT OF PERMANENT EASEMENT AND
RIGHT-OF-WAY TO MODESTO IRRIGATION DISTRICT TO COVER
EXISTING IRRIGATION FACILITIES WITHIN A PORTION OF APN 004-102- 003, CONSENTING TO THE RECORDATION THEREOF AND AUTHORIZING
THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE GRANT OF
PERMANENT EASEMENT AND ALL RELATED DOCUMENTS
WHEREAS, on April 3, 2018, by Resolution No. 2018-144, Council awarded a Construction Contract to Nor-Cal Pump & Well Drilling, Inc., of Yuba City, CA for the Del Rio Well 70 (Replacing Well 271) Surface Improvements Project, and WHEREAS, during construction of the Project, staff became aware that the Modesto Irrigation District (MID) facilities located on the property did not have an easement to permit the placement of the facilities, nor access to upgrade, maintain, repair, replace or modify those facilities, and
WHEREAS, the existing MID infrastructure on the property in question includes an irrigation line & control box structure which are utilized primarily to convey irrigation water to their agricultural customers, and
WHEREAS, staff is recommending the approval of a Grant of Permanent Easement and Right-of-Way to allow MID the ability to continue to operate and maintain the facilities located at 7111 McHenry Avenue.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Grant of Permanent Easement and Right-of-Way to MID to cover existing irrigation facilities within a portion of APN 004-102-003 and consent to the recordation thereof.
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2 2024-XXX
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Grant Permanent Easement and all related documents 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 24th day of September 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, CMC
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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83112.00010\42130662.4
1 No Recording Fees Required Per Government
Code Section 27383
The Undersigned Declares:
No Documentary Transfer Tax (R&T Code 11911)
MAIL TAX STATEMENT
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Modesto Irrigation District
Secretary, Board of Directors
P.O. Box 4060
Modesto, California 95352
APN: 004-102-003 Space Above This Line for Recorder's Use
GRANT OF EASEMENT
THIS GRANT OF EASEMENT (“Grant”) is made and entered into as of _____________________, 2024 (the “Effective Date”), by and between the CITY OF MODESTO, a MUNICIPAL CORPORATION (“Grantor”) and the IMPROVEMENT DISTRICT NO. 163, KNOWN AS THE SWIM BRANCH OF THE LANGDONMERL DITCH of the MODESTO IRRIGATION DISTRICT, an irrigation district organized and existing under the Constitution and laws of the State of California, its successors, and assigns (“Grantee”).
RECITALS
Grantor holds a fee interest in certain real property in the City of Modesto, California (the “Property”), as more particularly described on Exhibit “A” and depicted on Exhibit “B”, attached hereto and made a part hereof by reference. Grantor has agreed to grant to Grantee an easement over the Property (the “Easement Area”), on the terms and condition set forth in this Grant, for the right to construct, install, operate, place, inspect, maintain, replace and forever use thereon irrigation facilities and appurtenances, including a pipeline and/or ditch as may, in Grantee’s opinion, be necessary or desirable.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agree as follows:
1. Grantor hereby grants and conveys to Grantee, and its agents, contractors, successors and assigns, a permanent easement and right-of-way for the right to construct, install, place, operate, inspect, maintain, replace and forever use thereon irrigation facilities and appurtenances, including a pipeline and/or ditch as may, in Grantee’s opinion, be necessary or desirable, in, on, under, over and across the real property hereinafter described, situated in the City of Modesto, State of California, as described as follows:
See attached Exhibit “A” and Exhibit “B” attached hereto and made a part hereof by reference.
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83112.00010\42130662.4
2 2. Grantor shall not install in the Easement Area any buildings, structures, fences, explosives, or any other obstruction interfering or which may interfere with the use of said easement and rightof-way by Grantee (each, a “Prohibited Encroachment”). Grantee shall have the right to remove any Prohibited Encroachment, as well as any excessive tree growth, shrubs, or other materials or growths in the Easement Area that the Grantee deems, in Grantee’s sole discretion, is interfering or may interfere with the use of said easement and right-of-way or as Grantee deems necessary, in Grantee’s sole discretion, to comply with applicable local, state, or federal laws and regulations.
3. Grantee is granted the right to construct, place, inspect, maintain, replace and use across, upon, in and under said right-of-way such additional underground and aboveground facilities as may be necessary or convenient in connection with the construction, operation, inspection, maintenance, relocation and replacement of irrigation facilities and appurtenances as may, in Grantee’s opinion, be necessary or desirable. Grantee is also granted the right from time to time to increase or decrease the size, weight, number, or capacity and to change the position of Grantee’s facilities installed over, across, upon, in, along or under the land described above. Grantee, its contractors, agents and employees shall at all times have the right of ingress to and egress from said Grantee facilities and the right-of-way hereby granted. Grantee shall further have the right to place tools, equipment, implements and materials within the Easement Area as necessary to exercise the rights conveyed hereunder. Grantee shall be responsible for storing all such tools, equipment, implements and materials in a commercially safe and secure manner.
4. Grantor further grants to Grantee the right to assign to any public utility the right to construct, install, inspect, place, maintain, operate, replace, remove and use irrigation facilities and appurtenances within the Easement Area (including ingress thereto and egress therefrom).
5. Grantor reserves the right to use such land for purposes that will not interfere with Grantee’s full enjoyment of the rights hereby granted. Grantor shall not increase or decrease, or permit to be increased or decreased, the now existing ground elevations of said Easement Area without the prior written consent of the Grantee.
6. As a condition of this grant of Easement and right of way, Grantor’s use and enjoyment of the Easement Area shall not hinder, conflict or interfere with the exercise of the Grantee’s rights hereunder, and no excavation, building, structure or obstructions shall be constructed within the Easement Area.
7. Grantor shall not relocate the Easement Area irrigation facilities and appurtenances without Grantee’s consent. In the event the irrigation facilities and appurtenances within the Easement Area are relocated, Grantor shall be responsible for such costs. Grantor shall provide a replacement easement for said irrigation facilities and appurtenances of the same width as the Easement Area and containing the same terms and conditions as herein provided. No less than 30 days prior to such relocation, Grantor shall provide the plans and/or specifications of any such irrigation facilities and appurtenances to be relocated for Grantee’s approval.
8. In order to assure the Easement cannot be eliminated through foreclosure or other enforcement of an existing mortgage, deed of trust, lien or judgment of record, Grantor agrees that the holders of any such mortgages, deeds of trust, judgments or liens shall subordinate their respective interests to the Easement.
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3 9. Grantor covenants that it is the owner of the above described Property and has full right, power, and authority to grant this easement, and that the Property is free and clear of encumbrances and liens of whatsoever character except those recorded against the Property.
10. In consideration for this grant of easement, Grantee for itself, and for its respective heirs, successors and assigns agree to indemnify and hold harmless Grantor its directors, officers, employees and agents, and each of them, from and against any and all claims, damages, loss, liability and expenses, including reasonable court costs and attorneys’ fees, arising out of or on account of injury to or death of any person or loss of or damage to any property in connection Grantee’s use of the Easement Area, except to the extent of the adjudicated proportionate fault of any of the Grantor or any party seeking indemnification under this Section.
The terms and provisions of this easement and right-of-way shall be binding upon and inure to the benefit of the respective heirs, executors, administrators, personal representatives, successors, and assigns of Grantee and Grantor.
EXECUTED:________________, 20_____
GRANTOR: CITY OF MODESTO, a MUNICIPAL CORPORATION
By: _____________________________
Joseph P. Lopez, City Manager
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4 #19..
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EXHIBIT "B"
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83112.00010\42130662.4
5 CERTIFICATE OF ACCEPTANCE
Pursuant to Section 27281 of the
California Government Code
This is to certify that the interest in real property conveyed by the Grant of Easement dated , 2024, from CITY OF MODESTO, a MUNICIPAL CORPORATION, as Grantor thereunder, to Modesto Irrigation District, an irrigation district, as Grantee thereunder, is hereby accepted by the undersigned officer on behalf of Modesto Irrigation District, pursuant to the authority conferred by Resolution No. _______, adopted by the Board of Directors of the Modesto Irrigation District on ______________, and the Grantee consents to recordation thereof by its duly authorized officer.
Dated: MODESTO IRRIGATION DISTRICT
By:
Name: ___________________________
Its: ____________________________
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
September 24, 2024
Date: August 5, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Formation of City of Modesto Community Facilities District No. 2024-1 (Tivoli) CONTACT: Edgar Garcia, Community Development Manager
[email protected]
209-577-5211
DESCRIPTION:
Hearing to consider establishing City of Modesto Community Facilities District (CFD) No. 2024-1 (Tivoli), authorizing the levy of special taxes therein, and establishing an annual appropriations limit; calling a special election; and declaring the results of the September 24, 2024 special election. (Funding Source: Special Taxes generated by CFD No. 2024-1) 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)1 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.
The Tivoli Specific Plan approved by City Council in 2008 by Ordinance No. 3479-C.S., is a 454-acre area located in an unincorporated area of Stanislaus County. The project is located within the City of Modesto’s Sphere of Influence. The site is bounded by the planned Claratina Avenue on the north, Oakdale Road on the west, Sylvan Avenue on the south, and Roselle Avenue on the east.
1 Mello-Roos Community Facilities Act
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City Council, September 24, 2024
Formation of City of Modesto Community Facilities District No. 2024-1 (Tivoli)
The Specific Plan provides for uses including commercial, school, parks, and residential development of a variety of densities as outlined by the land use diagram and development standards of the Specific Plan. The Tivoli Specific Plan is divided into multiple Area Plans. Each Area Plan would ensure that the street circulation, utility infrastructure, land use, density and project design are planned for the area and would conform to the principles of the Specific Plan and requires adoption by the Planning Commission prior to development.
On September 9, 2016, by Ordinance No. 3654-C.S., the City of Modesto Amended the Tivoli Specific Plan Amendment No. 1 for property located North of Sylvan Avenue, South of future Claratina Avenue, East of Oakdale Road, West of Roselle Avenue to include minor land use adjustments regarding the relocation of the school site with the overall density and intensity remaining essentially the same, minor internal street alignment adjustments, removal of four roundabouts, as well as minor adjustments and technical changes.
On March 22, 2022, the Director of Community and Economic Development administratively approved Amendment No. 2 to the Tivoli Specific Plan as allowed by Section 9.3.4.1 of the Specific Plan, to amend and update street cross-section details with associated minor text changes.
On November 1, 2022, by Resolution No. 2022-450, the City Council approved Amendment No.3 to the Tivoli Specific Plan, to change the land use designation of 25 acres from Regional Serving Commercial (RSC) to Residential (R) and 27 acres from Medium Density Residential (MDR) to Low Density Residential (LDR).
On August 13, 2024 by Resolution No. 2024-279, Council adopted a resolution of intention to establish City of Modesto Community Facilities District No. 2024-1 (Tivoli) to provide funding for certain facilities and services and scheduled a Public Hearing for September 24, 2024. All notices required by state law were properly issued for the public hearing held before Council at this meeting.
As required by state law and the resolution of intention, the boundary map depicting the proposed boundaries of CFD No. 2024-1 was recorded on August 16, 2024.
DISCUSSION:
On August 13, 2024 by Resolution No. 2024-279, the City Council approved the Resolution of Intention to Form Community Facilities District No. 2024-1 (Tivoli). Since the proposed CFD may secure bonds a Resolution to Incur Debt was approved by Resolution No. 2024-280. It is the sole discretion of CFD No. 2024-1 as to if and when Bonds will be issued. During the formation of the CFD, it may be determined that there is a need for the issuance of bonds to pay for the facilities required for the CFD. If bonds are required, documents relating to the issuance and sale of the bonds will be brought to the Council for approval. The proposed maximum CFD bond authorization is $120 million, and this serves as a “not to exceed” bond amount for the CFD and is based on the cost of financing the associated facilities. The maximum Annual Facilities Special Tax includes a buffer to prevent the possible authorization of bonds from limiting the capacity of the CFD to pay for ongoing services. The CFD is a separate legal entity and the land within the CFD secures the bonds, sale of CFD bonds will not impact the City’s bonding capacity.
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City Council, September 24, 2024
Formation of City of Modesto Community Facilities District No. 2024-1 (Tivoli)
The City Council will conduct a public hearing. The City Council will consider a resolution declaring the formation of CFD No. 2024-1, authorizing the levying of taxes within the District, and establishing an annual appropriations limit. The public hearing is essentially a protest hearing wherein any interested person, including taxpayers, property owners, and registered voters residing withing the proposed boundaries may appear and be heard on any matter relating to the establishment of CFD No. 2024-1, the proposed facilities and services, the proposed rate and method of apportionment, and the manner of collection of the special taxes, Such protest may be made orally or in writing. A majority protest exists if landowners that will collectively pay more than 50% of special taxes file protest.
The City Council will then ask the City Clerk to conduct the election for CFD No. 2024-1.
Because all of the impacted landowners signed a waiver of the election code time requirements, the election can be held on September 24, 2024, and is not required to comply with certain formalities. However, because there are less than twelve (12) registered voters withing the Proposed Boundaries, each Landowner has one (1) voted for each acre of land, or portion thereof, which Landowner owns withing the Proposed Boundaries. It is anticipated that the City Clerk will certify that at least two-thirds (2/3) of the votes cast at the election were in favor of forming CFD No. 2024-1.
The City Council will then consider a resolution declaring the results of the special election. If adopted, the resolution will constitute the official declaration of the results of the election and will direct the City Clerk to record a Notice of Special Tax Lien in accordance with the provisions of Section 3114.5 of California Streets and Highway Code.
The City Council will then introduce an ordinance authorizing the levy of special taxes withing CFD No. 2024-1.
FISCAL IMPACT:
The Rate and Method of Apportionment that identifies the maximum special tax rates as well as how special taxes calculated and collected for the Initial Parcel participating in the formation of CFD No. 2024-1, as Attachment 7.
Only the Initial Parcel is requesting to be part of CFD No. 2024-1 and only the Initial Parcel will be subject to levy and collection of the special taxes at this time. The maximum special tax rates for CFD No. 2024-1 are as follows:
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City Council, September 24, 2024
Formation of City of Modesto Community Facilities District No. 2024-1 (Tivoli)
Maximum Special Tax Rates Fiscal Year 2024-25
Special Tax
Category
Maximum One-Time
Facilities Special Tax
Fiscal Year 2024-25
Maximum Annual Facilities
Special Tax
Fiscal Year 2024-25
Maximum Annual
Maintenance
Special Tax
Fiscal Year 2024-25
Very Low Density
Residential
$100,000 per Net Taxable
Acre
$5,724 per Net Taxable Acre $5,166 per Net Taxable Acre Low Density
Residential
$100,000 per Net Taxable
Acre
$10,260 per Net Taxable Acre $5,166 per Net Taxable Acre Medium Density
Residential
$100,000 per Net Taxable
Acre
$13,725 per Net Taxable Acre $5,166 per Net Taxable Acre Medium High Density
Residential
$100,000 per Net Taxable
Acre
$13,087 per Net Taxable Acre $5,166 per Net Taxable Acre Non-Residential $100,000 per Net Taxable
Acre
$7,375 per Net Taxable Acre $5,166 per Net Taxable Acre On July 1, 2025, and on each July 1 thereafter, all figures shown in the table above shall be increased by the annual Escalation Factor, except the Annual Facilities Special Tax, which shall be increased by two percent (2.0%) per year. In any Fiscal Year, the annual Escalation Factor will be the greater of either, 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 four percent (4.0%).
COMMITTEE RECOMMENDATION:
This item was presented at the Economic Development Committee on June 3, 2024, and was recommended to forward to the City Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution declaring the formation of City of Modesto Community Facilities District No. 2024-1 (Tivoli), conditionally authorizing the levy of special taxes therein, and conditionally establishing an annual appropriations limit.
Resolution of the City Council of the City of Modesto, California, acting as the legislative body of the City of Modesto Community Facilities District No. 2024-1 (Tivoli), declaring the necessity to incur bonded indebtedness in the aggregate principal amount not to exceed $120,000,000 and calling a special election.
Resolution declaring the results of the September 24, 2024, special election and approving certain related actions pertaining to City of Modesto Community Facilities District No. 2024-1 (Tivoli).
Motion introducing and waiving the first reading of an Ordinance authorizing the levy of special taxes within the City of Modesto held within City of Modesto Community Facilities District No. 2024-1 (Tivoli).
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City Council, September 24, 2024
Formation of City of Modesto Community Facilities District No. 2024-1 (Tivoli)
Approved by:
Jessica Hill, Director of Community and
Economic Development
Joseph P. Lopez, City Manager
Attachments:
1. Resolution – Formation of CFD 2024-1
2. Resolution – Necessity to Incur Debt & Calling Election
3. Resolution -- Declaring Results of Election
4. Ordinance -- Authorizing the Levy of Special Taxes
5. List of Facilities and Services
6. Rate and Method of Apportionment
7. Proposed Boundary Map for CFD No. 2024-1 (Tivoli)
8. Certificate of City Clerk
9. Concurrence for CFD 2024-1
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9/24/2024/CEDD/EGarcia/Item # 1 2024-xxx
MODESTO CITY COUNCIL
RESOLUTION NO. 2024- XXX
RESOLUTION DECLARING THE FORMATION OF CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2024-1 (TIVOLI),
CONDITIONALLY AUTHORIZING THE LEVY OF SPECIAL TAXES
THEREIN, AND CONDITIONALLY ESTABLISHING AN ANNUAL
APPROPRIATIONS LIMIT
WHEREAS, on August 13, 2024, pursuant to a petition filed by Dasco Development Company, LLC, a California Limited Partnership, (the “Petitioner”) this City Council adopted Resolution No. 2024-279 (the “Resolution of Intention”), stating its intention to form City of Modesto Community Facilities District No. 2024-1 (Tivoli) (the “Community Facilities District”), with the initial parcels to be designated as Improvement Area No. 1 (the “Improvement Area No. 1”) within the Community Facilities District, and designate certain property within the Tivoli Specific Plan, as amended, as future annexation to the Community Facilities District (the “Future Annexation Area”), all pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”); and
WHEREAS, a copy of the Resolution of Intention, setting forth (a) the description of the proposed boundaries of the Community Facilities District, Improvement Area No. 1 within the Community Facilities District and the Future Annexation Area for the Community Facilities District, (b) the description of the proposed facilities and services to be financed by the Community Facilities District, (c) the rate and method of apportionment of the annual facilities and maintenance special taxes and one-time facilities special tax proposed to be levied within the Community Facilities District, and (d) setting a public hearing to consider this matter, is on file with the City Clerk and is incorporated herein by reference; and #20..
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9/24/2024/CEDD/EGarcia/Item # 2 2024-xxx
WHEREAS, on August 13, 2024, this City Council adopted Resolution No. 2024-280 (the “Resolution of Intention to Incur Debt”), stating its intention to authorize the Community Facilities District to incur bonded indebtedness in an amount not to exceed $120,000,000, pursuant to the Act, and setting a public hearing to consider this matter, a copy of which is on file with the City Clerk and is incorporated herein by reference; and
WHEREAS, the City Clerk has confirmed that a notice was published and mailed as required by law relative to the intention of the City to form the Community Facilities District and the incurrence of debt by the Community Facilities District at a public hearing to be held on September 24, 2024 (the petitioner having waived the 30-day waiting period of holding the public hearing in the petition); and
WHEREAS, on September 24, 2024, at the time and place specified in the required noticed, the City Council received public comment and continued the public hearing to September 24, 2024; and
WHEREAS, there has been filed with the City Clerk a report containing a description of the facilities and services necessary to meet the needs of the Community Facilities District and an estimate of the cost of such facilities and services as required by Section 53321.5 of the Government Code (the “Report”); and
WHEREAS, the City Council has held a public hearing on this same date as required by law to determine whether it should proceed with the formation of the Community Facilities District, the designation of Improvement Area No. 1 and the Future Annexation Area, the authorization of the rate and method of apportionment of special taxes to be levied within the Community Facilities District for the purposes described in the aforesaid resolutions and the #20..
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9/24/2024/CEDD/EGarcia/Item # 3 2024-xxx
incurrence of bonded indebtedness for the Community Facilities District in an amount not to exceed $120,000,000; and
WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the Community Facilities District were heard, and a full and fair hearing was held; and WHEREAS, at the public hearing evidence was presented to the City Council on the matters before it, and there was not precluded by a majority protest of the type described in Government Code Sections 53324 and 53339.6, and the City Council is sufficiently advised as to all matters relating to the formation of the Community Facilities District, the designation of Improvement Area No. 1 and the Future Annexation Area, the levy of special taxes and the incurrence of bonded indebtedness for the Community Facilities District ; and WHEREAS, there have been fewer than twelve (12) registered voters residing in the proposed boundaries of Improvement Area No. 1 of the Community Facilities District for the statutory period, and the qualified electors in the Community Facilities District are the landowners within Improvement Area No. 1, being the initial boundaries of the Community Facilities District; and
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to proceed with the establishment of the Community Facilities District and to call an election therein to authorize (i) the levy of special taxes pursuant to the rate and method of apportionment of special tax, as set forth in the Rate and Method of Apportionment of Special Tax (the “Rate and Method”) attached hereto as Attachment A, and (ii) the establishment of an appropriations limit for the Community Facilities District; and
WHEREAS, pursuant to Sections 53313.5 and 53314.9 of the Act, there has been submitted to this City Council an Acquisition and Shortfall Agreement, by and between the City, acting on #20..
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9/24/2024/CEDD/EGarcia/Item # 4 2024-xxx
behalf of the District, and developers (the “Acquisition and Shortfall Agreement”), relating to the construction, acquisition, payment and reimbursement of the Facilities (as defined herein), and this City Council, with the aid of its staff, has reviewed said document and found it to be in proper order; and
WHEREAS, pursuant to Sections 53313.5 and 53314.9 of the Act, there has been submitted to this City Council an Acquisition and Credit Agreement, by and between the City, acting on behalf of the District, and developers (the “Acquisition and Credit Agreement”), relating to the construction, acquisition, payment and credit for the Facilities (as defined herein), and this City Council, with the aid of its staff, has reviewed said document and found it to be in proper order.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Modesto hereby finds and determines as follows:
SECTION 1. The above recitals are true and correct.
SECTION 2. A community facilities district designated “City of Modesto Community Facilities District No. 2024-1 (Tivoli)” is hereby established pursuant to the Act, with the initial parcels to be further designated as “Improvement Area No. 1.” The City Council hereby finds and determines that all prior proceedings taken with respect to the establishment of the Community Facilities District were valid and in conformity with the requirements of law, including the Act.
This finding is made in accordance with the provisions of Section 53325.1(b) of the Act.
SECTION 3. The boundaries of the Community Facilities District, including Improvement Area No. 1, and the Future Annexation Area to the Community Facilities District are established as shown on the map designated “Map of Proposed Boundaries and Future Annexation Area of the City of Modesto Community Facilities District No. 2024-1 (Tivoli),” which map is on file in the office of the City Clerk and, pursuant to Sections 3111 and 3113 of the Streets and Highways #20..
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9/24/2024/CEDD/EGarcia/Item # 5 2024-xxx
Code, was recorded in the Book of Maps of Assessment and Community Facilities Districts in the Office of the County Recorder of Stanislaus County in Book No. 7, at Page 29 as Instrument No. 2024-0038785.
SECTION 4. The facilities and services authorized to be paid for by each improvement area within the Community Facilities District, including Improvement Area No. 1, are services or facilities, as the case may be, which the City is authorized by law to construct, acquire, own and operate, or to provide, as set forth in Appendix A to the Resolution of Intention (the “Facilities and Services”), including all costs associated with the creation of the Community Facilities District and administering the Community Facilities District and any debt obligations of the Community Facilities District (collectively, the “Incidental Expenses”). The City Council hereby finds that the Facilities and Services are necessary to meet increased demands put upon the City as a result of the new development within the Community Facilities District, including Improvement Area No. 1, and when annexed, the Future Annexation Area.
SECTION 5. It is the intention of the City Council, subject to the approval of the qualified electors within Improvement Area No. 1 of the Community Facilities District, to levy the proposed special taxes at the rates set forth in the Rate and Method on all non-exempt property within Improvement Area No. 1 of the Community Facilities District sufficient to pay for all or a portion of (i) the Facilities, (ii) the Services, and (iii) the Incidental Expenses.
The description of the Facilities and Services may be modified upon the annexation of property into the Community Facilities District, provided such modified description shall only apply to such annexed areas. Additional improvement areas may be designated when property is annexed into the Community Facilities District.
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9/24/2024/CEDD/EGarcia/Item # 6 2024-xxx
The City expects to incur, and in certain cases has already incurred, Incidental Expenses in connection with the creation of the Community Facilities District, the levying and collecting of the facilities special taxes, the provision of the Services, the completion and inspection of the Facilities and the annual administration of the Community Facilities District. The Rate and Method is described in detail on Attachment A hereto and incorporated herein by this reference, and the City Council hereby finds that the Rate and Method contains sufficient detail to allow each landowner within the Community Facilities District, including Improvement Area No. 1, to estimate the maximum amount that may be levied against each parcel. As described in greater detail in the Report, which is incorporated by reference herein, the special taxes are based generally on area of each parcel of real property within the Community Facilities District, including Improvement Area No. 1, (except to the extent that certain single family detached lots may be taxed at the same rate regardless of land area) and, accordingly, is hereby determined to be reasonable. The special taxes are apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act, and such special taxes are not on or based upon the ownership of real property.
Under no circumstances shall the special taxes against any parcel used for private residential purposes be increased by more than 10% as a consequence of delinquency or default by the owner of any other parcel or parcels within Improvement Area No. 1 of the Community Facilities District, or within each additional improvement area from the Future Annexation Area, when annexed.
The City’s Community Development Manager, located at 1010 Tenth Street, Modesto, California 95353, telephone number (209) 577-5211, will be responsible for preparing annually, or authorizing a designee to prepare, a current roll of special tax levy obligations by assessor’s #20..
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9/24/2024/CEDD/EGarcia/Item # 7 2024-xxx
parcel number and will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act.
SECTION 6. In the event that a portion of the property within the Community Facilities District shall become for any reason exempt, wholly or partially, from the levy of the special taxes specified in the Rate and Method, the City Council shall, on behalf of the Community Facilities District, increase the levy (to the extent necessary and permitted by law and these proceedings) upon the remaining property within Improvement Area No. 1 of the Community Facilities District, or within each additional improvement area from the Future Annexation Area, when annexed, if applicable, which is not exempt in order to prevent the Community Facilities District from defaulting on any of its other obligations or liabilities. The amount of the special taxes will be set in accordance with the Rate and Method.
Pursuant to Section 53340 of the Act, and except as provided in Section 53317.3 of the Act or in the Rate and Method, properties of entities of the state, federal, and local governments shall be exempt from the levy of the special taxes.
SECTION 7. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special taxes shall attach to all non-exempt real property in Improvement Area No. 1 of the Community Facilities District, and when annexed, the Future Annexation Area, and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the special tax by the Community Facilities District ceases.
SECTION 8. The City may accept advances of funds or work-in-kind from any source, including, but not limited to, the Petitioner and other private persons or private entities, for any #20..
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9/24/2024/CEDD/EGarcia/Item # 8 2024-xxx
authorized purpose, including, but not limited to, paying any cost incurred by it in creating the Community Facilities District.
The City may enter into an agreement with the person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City, with or without interest.
The form of both the Acquisition and Shortfall Agreement and Acquisition and Credit Agreement presented at this meeting and on file with the City Clerk be and is hereby approved, with such changes as may be approved by the Mayor, City Manager or Finance Director, said officer’s execution thereof to evidence approval of the changes. The Mayor, City Manager or Finance Director is hereby authorized and directed to execute either the Acquisition and Shortfall Agreement or Acquisition and Credit Agreement, as appropriate, on behalf of the Community Facilities District with such execution to be attested to by the City Clerk.
SECTION 9. Written protests against the establishment of the Community Facilities District or the designation of the Future Annexation Area have not been filed by one-half or more registered voters within the boundaries of Improvement Area No. 1 of the Community Facilities District, or the Future Annexation Area, as applicable, or by the property owners of one-half (1/2) or more of the area of land within Improvement Area No. 1 of the Community Facilities District or the Future Annexation Area, as applicable. The City Council hereby finds that the proposed special taxes have not been precluded by a majority protest pursuant to Section 53324 of the Act.
SECTION 10. Subject to voter approval required by the Act, the annual appropriations limit (as defined in Section 8(h) of Article XIII B of the California Constitution) of the Community #20..
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9/24/2024/CEDD/EGarcia/Item # 9 2024-xxx
Facilities District is hereby established through the Rate and Method of Apportionment, as adjusted for changes in the cost of living and changes in population.
SECTION 11. An election will be called for the Community Facilities District on the propositions of levying the special taxes on the property within the Community Facilities District and establishing the appropriations limit for the Community Facilities District pursuant to Section 53325.7 of the Act. The City Clerk shall conduct the election.
SECTION 12. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, and the provisions of Article 1.5 (commencing with Section 53410) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code, the City Council hereby establishes the following accountability measures pertaining to the levy by the Community Facilities District of the special taxes:
a. Such special taxes shall be levied for the specific purposes set forth in Section 4 hereof.
b. The proceeds of the levy of such special taxes shall be applied only to the specific purposes set forth in Sections 4 and 5 hereof.
c. The District shall establish accounts into which the proceeds of such special taxes shall be deposited.
d. The City Manager or Finance Director will provide for such accounting and reporting for the special taxes as required by law.
e. The City Manager, or his or her designee, acting for and on behalf of the Community Facilities District, shall annually file a report with the City Council as required pursuant to Government Code Sections 50075.3 and 53411. #20..
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9/24/2024/CEDD/EGarcia/Item # 10 2024-xxx
SECTION 13. Pursuant to Section 53339.7(a) of the Act, the City Council provides for the annexation of all or a portion of the Future Annexation Area to the Community Facilities District without additional hearings or further action from the City Council. The Future Annexation Area will be annexed into the Community Facilities District only at such time as the Community Facilities District receives unanimous written approval to be annexed from the owner or owners of each parcel or parcels of the portion of the Future Annexation Area proposed to be annexed at that time. Annexations to the Community Facilities District may include separate and distinct improvement areas, modified descriptions of facilities and services and/or modified special tax rates as set forth in a modified or separate Rate and Method at the time of annexation.
SECTION 14. The preparation of the Report is hereby ratified. The Report, as submitted, is hereby approved and is made a part of the record of the public hearing regarding the formation of the Community Facilities District, and is ordered to be kept on file with the transcript of these proceedings and open for public inspection. This City Council now finds and determines that all proceedings up to and including the adoption of this resolution were and are valid and in conformity with the requirements of the Act.
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9/24/2024/CEDD/EGarcia/Item # 11 2024-xxx
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 24th day of September, 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:
ABSTAIN: Councilmembers:
ABSENT: Councilmembers:
ATTEST:
DIANE NAYARES-PEREZ, City Clerk
APPROVED AS TO FORM:
By:
JOSE M. SANCHEZ, City Attorney
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Tivoli CFD No. 2024-1, IA No. 1 1 May 31, 2024
APPENDIX A
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
IMPROVEMENT AREA NO. 1 OF THE
CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2024-1(TIVOLI)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
Special Taxes applicable to each Assessor’s Parcel in Improvement Area No. 1 of the City of Modesto Community Facilities District No. 2024-1 (Tivoli) shall be levied and collected according to the tax liability determined by the City Council through the application of the appropriate amount or rate for Taxable Property, as described below. All of the property in Improvement Area No. 1, unless exempted by law or by the provisions of Section H below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed into Improvement Area No. 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 in carrying out its duties with respect to Improvement Area No. 1, the CFD and the Bonds, including, but not limited to, the levy and collection of Special Taxes, the fees and expenses of its counsel, charges levied by the County in connection with the levy and collection of Special Taxes, costs related to property owner inquiries regarding the Special Taxes, costs associated with appeals or requests for interpretation associated with the #20..
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Tivoli CFD No. 2024-1, IA No. 1 2 May 31, 2024
Special Taxes and this RMA, amounts needed to pay rebate to the federal government with respect to Bonds, costs associated with complying with continuing disclosure requirements for the City and any major property owners or other obligated parties, costs associated with foreclosure and collection of delinquent Special Taxes, and all other costs and expenses of the City in any way related to the establishment or administration of Improvement Area No. 1 and the CFD. “Administrator” shall mean the person or firm designated by the City to administer the Special Tax according to this RMA.
“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 to:
(i) pay principal and interest on Bonds that are due in the calendar year that begins in such #20..
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Tivoli CFD No. 2024-1, IA No. 1 3 May 31, 2024
Fiscal Year; (ii) pay periodic costs on the Bonds, including but not limited to, credit enhancement, liquidity support, and rebate payments on the Bonds; (iii) replenish reserve funds created for the Bonds under the Indenture to the extent such replenishment has not been included in the computation of the Special Tax Requirement in a previous Fiscal Year; (iv) cure any delinquencies in the payment of principal or interest on Bonds which have occurred in the prior Fiscal Year; (v) pay Administrative Expenses; and (vi) pay directly for Authorized Facilities and Authorized Services, so long as such levy under this clause (vi) does not increase the Special Tax levied on Undeveloped Property. The amounts referred to in clauses (i) and (ii) of the definition of Special Tax Requirement may be reduced in any Fiscal Year by: (a) 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 such costs pursuant to the Indenture; (b) in the sole and absolute discretion of the City, proceeds received from the collection of penalties associated with delinquent Special Taxes; and (c) any other revenues available to pay such costs, each as determined in the sole discretion of the City.
“Annual Maintenance Special Tax” means a special tax levied in any Fiscal Year to pay the Annual Maintenance Special Tax Requirement, as defined below.
“Annual Maintenance Special Tax Requirement” means the amount of revenue needed in any Fiscal Year to pay for: (i) Authorized Services, (ii) establishment of reserves, (iii) Administrative Expenses, and (iv) amounts needed to cure any delinquencies in the payment of Annual Maintenance Special Taxes which have occurred in prior Fiscal Years. “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.
“Assessor’s Parcel Number” means a unique number assigned to an Assessor’s Parcel by the County Assessor for purposes of identifying a property. “Authorized Facilities” means the public facilities authorized to be funded by the CFD as set forth in the documents adopted by the City Council when the CFD was formed. “Authorized Services” means the public services authorized to be funded by the CFD as set forth in the documents adopted by the City Council when the CFD was formed. #20..
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Tivoli CFD No. 2024-1, IA No. 1 4 May 31, 2024
“Bonds” means bonds or other debt (as defined in the Act), whether in one or more series, secured by the Annual Facilities Special Tax and issued or assumed by the CFD to fund Authorized Facilities.
“Building Permit” means a permit that allows for vertical construction of a building or buildings, which shall not include a separate permit issued for construction of the foundation thereof.
“Capitalized Interest” means funds in any capitalized interest account available to pay debt service on Bonds.
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Tivoli CFD No. 2024-1, IA No. 1 5 May 31, 2024
“Certificate of Occupancy” means the first certificate, including any temporary certificate of occupancy, issued by the City to confirm that a building or a portion of a building has met all of the building codes and can be occupied for residential and/or non-residential use. “CFD” means the City of Modesto Community Facilities District No. 2024-1 (Tivoli). “CFD Formation” means the date on which the Resolution of Formation to form the CFD 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 the CFD.
“County” means the County of Stanislaus.
“Density Category” means, individually, Very Low Density Residential Property, Low Density Residential Property, Medium Density Residential Property, or Medium High Density Residential Property.
“Developed Property” means, in any Fiscal Year, the following:
For purposes of levying the Annual Maintenance Special Tax and Annual Facilities Special Tax:
• for Single Family Detached 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, 2023; • for Multi-Family Property, all Parcels for which a Building Permit was issued prior to June 30 of the preceding Fiscal Year but not prior to June 30, 2023; and • for Non-Residential Property, all Parcels for which a Building Permit was issued prior to June 30 of the preceding Fiscal Year but not prior to June 30, 2023. #20..
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Tivoli CFD No. 2024-1, IA No. 1 6 May 31, 2024
For purposes of levying the One-Time Facilities Special Tax, all Parcels for which a Certificate of Occupancy was issued prior to June 30 of the preceding Fiscal Year but not prior to June 30, 2023.
“Development Class” means, individually, Developed Property, Taxable Owners Association Property, Taxable Welfare Exemption Property, and Taxable Public Property. “Escalation Factor” means, in any Fiscal Year, 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%). “Expected Land Uses” means the Net Taxable Acreage of each Land Use Class expected on an Original Parcel based on reference to the Land Use Diagram and Attachment 2 hereto, the latter of which will be updated with each annexation of property into Improvement Area No. 1. #20..
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Tivoli CFD No. 2024-1, IA No. 1 7 May 31, 2024
“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 SFD Lots.
The term “Final Map” shall not include any large-lot subdivision map, Assessor’s Parcel Map, or subdivision map or portion thereof, that does not create SFD Lots, including Assessor’s Parcels that are designated as remainder parcels.
“First Bond Sale” means issuance of the first series of Bonds secured, in whole or in part, by Annual Facilities Special Taxes levied and collected from Parcels of Taxable Property in Improvement Area No. 1.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “Future Annexation Area” means that geographic area that, at the time of CFD Formation, was considered potential annexation area for the CFD and which was, therefore, identified as “future annexation area” on the recorded CFD boundary map. Such designation does not mean that any or all of the Future Annexation Area will annex into the CFD, but should property designated as Future Annexation Area choose to annex, the annexation may be processed pursuant to the streamlined annexation procedures provided in the Act. “Improvement Area No. 1” means Improvement Area No. 1 of the CFD. “Indenture” means an indenture, fiscal agent agreement, or other agreement authorizing issuance of the Bonds.
“Land Use Class” means one of the five mutually-exclusive land use classes identified in Table 1 and Table 2 in Section C below. The City shall, in its sole discretion, determine the appropriate Land Use Class for a Parcel of Taxable Property. “Land Use Diagram” means the exhibit in the Tivoli Specific Plan entitled “Tivoli Specific Plan Land Use Diagram”, as may be amended from time to time. The Land Use Diagram at CFD Formation is included as Attachment 1 hereto.
“Low Density Residential Property” means all Parcels of Taxable Property that are developed or expected to be developed at an average density range of 4 to 6 dwelling units per gross acre. Such Parcels are identified by an LDR designation in the Land Use Diagram. #20..
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Tivoli CFD No. 2024-1, IA No. 1 8 May 31, 2024
“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 Facilities Special Tax Revenues” means the aggregate amount that could be generated at any point in time if the Maximum Annual Facilities Special Tax was levied and collected on all Parcels of Taxable Property in Improvement Area No. 1. “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.
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Tivoli CFD No. 2024-1, IA No. 1 9 May 31, 2024
“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 for any Parcel, the Maximum One-Time Facilities Special Tax, Maximum Annual Facilities Special Tax, and Maximum Annual Maintenance Special Tax.
“Medium Density Residential Property” means all Parcels of Taxable Property that are developed or expected to be developed at an average density range of 7 to 17 dwelling units per gross acre. Such Parcels are identified by an MDR designation in the Land Use Diagram. “Medium High Density Residential Property” means all Parcels of Taxable Property that are developed or expected to be developed at an average density range of 18 to 24 dwelling units per gross acre. Such Parcels are identified by an MDHR designation in the Land Use Diagram.
For purposes of this RMA, Medium High Density Residential Property shall also include any property that is zoned at an average density range higher than 18 to 24 dwelling units per acre, regardless of the designation that is assigned to such Parcel(s). “Multi-Family Property” means all Parcels of Developed Property for which Building Permits have been 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 Tivoli 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 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.
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Tivoli CFD No. 2024-1, IA No. 1 10 May 31, 2024
“Non-Residential Property” means any Parcel of Taxable Property in the CFD that does not fit within the definition of Residential Property, Taxable Owners Association Property, Taxable Public Property, or Taxable Welfare Exemption Property, as determined by the Administrator.
“One-Time Facilities Special Tax” means a Special Tax levied and collected in full by the City prior to issuance of a Certificate of Occupancy for a Parcel of Taxable Property. “Original Parcel” means an Assessor’s Parcel in Improvement Area No. 1 at the time of CFD Formation, or added to Improvement Area No. 1 upon annexation, as identified in Attachment 3 (which shall be updated after each annexation). A Successor Parcel that is being further subdivided shall also be considered an Original Parcel for purposes of determining the Maximum Special Taxes pursuant to Section C below.
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Tivoli CFD No. 2024-1, IA No. 1 11 May 31, 2024
“Owners Association” means a homeowners association or property owners association that provides services to, and collects assessments, fees, dues, or charges from, property within Improvement Area No. 1.
“Owners Association Property” means any property within the boundaries of Improvement Area No. 1 that is owned in fee or through easement by the Owners Association, not including any such property that is located directly under a residential structure. “Per-Acre Special Taxes” means the per-acre Special Taxes identified in Table 1 and Table 2 in Section C below.
“Proportionately” means, for each Development Class, that the ratio of the actual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all parcels assigned to the Development Class. “Public Property” means any property within the boundaries of Improvement Area No. 1 that is owned by the federal government, State of California, County, City, or other public agency. “RMA” means this Rate and Method of Apportionment of Special Taxes. “Required Coverage” means the amount by which the Maximum Annual Facilities Special Tax Revenues must exceed the Bond debt service and priority Administrative Expenses (if any), as set forth in the Indenture, Certificate of Special Tax Consultant, or other formation or bond document that sets forth the minimum required debt service coverage. “Residential Property” in any Fiscal Year means, collectively, all Very Low Density Residential Property, Low Density Residential Property, Medium Density Residential Property, and Medium High Density Residential Property.
“SFD Lot” means an individual residential lot, identified and numbered on a recorded Final Map, on which a Building Permit has been or is permitted to be issued for construction of an SFD Unit without further subdivision of the lot and for which no further subdivision of the lot is anticipated pursuant to an approved Tentative Map.
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Tivoli CFD No. 2024-1, IA No. 1 12 May 31, 2024
“SFD Unit” means a residential dwelling unit that does not share a common wall with another residential dwelling 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.
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Tivoli CFD No. 2024-1, IA No. 1 13 May 31, 2024
“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 nonresidential structure is permitted. “Taxable Owners Association Property” means, in any Fiscal Year after the First Bond Sale, any Parcel of Owners Association Property that satisfies all three of the following conditions:
(i) the Parcel had not been Owners Association Property on the date of the First Bond Sale; (ii) based on reference to Attachments 1 and 2, the Parcel was not anticipated to be Owners Association Property as determined by the Administrator; and (iii) if the Parcel were to be exempt from the Special Tax because it is Owners Association Property, the Maximum Annual Facilities Special Tax Revenues would be reduced to a point at which Required Coverage could not be maintained. “Taxable Property” means all of the Assessor’s Parcels within the boundaries of Improvement Area No. 1 that are not exempt from the Special Taxes pursuant to law or Section H below.
“Taxable Public Property” means in any Fiscal Year after the First Bond Sale, any Parcel of Public Property that satisfies all three of the following conditions: (i) the Parcel had not been Public Property on the date of the First Bond Sale; (ii) based on reference to Attachments 1 and 2, the Parcel was not anticipated to be Public Property as determined by the Administrator; and (iii) if the Parcel were to be exempt from the Special Tax because it is Public Property, the Maximum Annual Facilities Special Tax Revenues would be reduced to a point at which Required Coverage could not be maintained.
“Taxable Welfare Exemption Property” means in any Fiscal Year after the First Bond Sale, any Parcel of Welfare Exemption Property that satisfies all three of the following conditions:
(i) the Parcel had not been Welfare Exemption Property on the date of issuance of the First Bond Sale;
(ii) based on reference to Attachments 1 and 2, the Parcel was not anticipated to be Welfare Exemption Property based on the Expected Land Uses, as determined by the Administrator; and (iii) if the Parcel were to be exempt from the Special Tax because it has become Welfare Exemption Property, the Maximum Annual Facilities Special Tax Revenues would be reduced to a point at which Required Coverage could not be maintained. “Tentative Map” means a tentative map or substantial conformance exhibit for property in the CFD, including any adjustments or amendments thereto. #20..
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Tivoli CFD No. 2024-1, IA No. 1 14 May 31, 2024
“Tivoli Specific Plan” means the specific plan for development within the Tivoli project that was originally adopted by the City Council on February 26, 2008, further updated on September 27, 2016, and as may be amended from time to time. “Transition Event” shall be deemed to have occurred when the Administrator determines that the following events have occurred: (i) all Bonds secured by the levy and collection of Facilities Special Taxes in the CFD have been fully repaid; (ii) all Administrative Expenses from prior Fiscal Years have been paid or reimbursed to the City; and (iii) there are no other Authorized Facilities that the City intends to fund with Bonds or Facilities Special Taxes. “Transition Year” means the first Fiscal Year in which the Administrator determines that the Transition Event occurred in the prior Fiscal Year. #20..
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Tivoli CFD No. 2024-1, IA No. 1 15 May 31, 2024
“Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property that are not Developed Property, Taxable Owners Association Property, Taxable Public Property, or Taxable Welfare Exemption Property as defined herein.
“Very Low Density Residential Property” means all Parcels of Taxable Property that are developed or expected to be developed as large lot, rural-oriented estate homes with an average density range of 1 to 3 dwelling units per acre. Such Parcels are identified by a VLDR designation in the Land Use Diagram.
“Welfare Exemption Property” means, in any Fiscal Year, any Parcels in Improvement Area No. 1 that have received a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code and for which such welfare exemption is still in place.
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 Improvement Area No. 1. The Administrator shall also: (i) assign each Parcel of Taxable Property to the appropriate Development Class; (ii) categorize each Parcel of Residential Property into the appropriate Density Category; (iii) determine the Net Taxable Acreage of each Parcel; (iv) determine the Annual Facilities Special Tax Requirement and Annual Maintenance Special Tax Requirement, and (v) determine whether the Transition Event has occurred in a prior Fiscal Year.
In any Fiscal Year, if it is determined that: (i) a Subdivision Map for property in Improvement Area No. 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 Subdivision Map was recorded, the Assessor does not yet recognize the new Parcels created by the Subdivision Map, and (iii) one or more of the newly-created Parcels is in a different Development Class than other Parcels created by the subdivision, the Administrator shall calculate the Special Taxes for the property affected by recordation of the Subdivision Map by determining the Special Taxes that apply separately to the property within each Development Class, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the Subdivision Map.
C. MAXIMUM SPECIAL TAXES
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Tivoli CFD No. 2024-1, IA No. 1 16 May 31, 2024
The Administrator shall use the procedures set forth below to calculate the Maximum Special Taxes for each Parcel in Improvement Area No. 1 in each Fiscal Year. The Per-Acre Special Taxes set forth in Table 1 and Table 2 below shall be used for purposes of Sections C.1 and C.2 below:
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Tivoli CFD No. 2024-1, IA No. 1 17 May 31, 2024
Table 1
Per-Acre Special Taxes Prior to the Transition Year
Fiscal Year 2024-25 *
Land Use Class
Per-Acre Special Tax:
One-Time
Facilities Special Tax
Per-Acre Special Tax:
Annual Facilities
Special Tax
Per-Acre Special Tax:
Annual Maintenance
Special Tax
Very Low Density
Residential Property
$100,000 per
Net Taxable Acre
$5,724 per
Net Taxable Acre
$5,166 per
Net Taxable Acre
Low Density
Residential Property
$100,000 per
Net Taxable Acre
$10,260 per
Net Taxable Acre
$5,166 per
Net Taxable Acre
Medium Density
Residential Property
$100,000 per
Net Taxable Acre
$13,725 per
Net Taxable Acre
$5,166 per
Net Taxable Acre
Medium High Density
Residential Property
$100,000 per
Net Taxable Acre
$13,087 per
Net Taxable Acre
$5,166 per
Net Taxable Acre
Non-Residential
Property
$100,000 per
Net Taxable Acre
$7,375 per
Net Taxable Acre
$5,166 per
Net Taxable Acre
* All Per-Acre Special Taxes shown in Table 1 are subject to the annual adjustments described in Section D below.
Table 2
Per-Acre Special Taxes In and After the Transition Year Fiscal Year 2024-25 *
Land Use Class
Per-Acre Special Tax:
One-Time
Facilities Special Tax
Per-Acre Special Tax:
Annual Facilities
Special Tax
Per-Acre Special Tax:
Annual Maintenance
Special Tax
Very Low Density
Residential Property
$100,000 per
Net Taxable Acre
$0 per
Net Taxable Acre
$6,597 per
Net Taxable Acre
Low Density
Residential Property
$100,000 per
Net Taxable Acre
$0 per
Net Taxable Acre
$7,731 per
Net Taxable Acre
Medium Density
Residential Property
$100,000 per
Net Taxable Acre
$0 per
Net Taxable Acre
$8,597 per
Net Taxable Acre
Medium High Density
Residential Property
$100,000 per
Net Taxable Acre
$0 per
Net Taxable Acre
$8,438 per
Net Taxable Acre
Non-Residential
Property
$100,000 per
Net Taxable Acre
$0 per
Net Taxable Acre
$7,010 per
Net Taxable Acre
* All Per-Acre Special Taxes shown in Table 2 are subject to the annual adjustments described in Section D below.
1. Original Parcels
The Maximum Special Taxes prior to the Transition Year for each Land Use Class expected on the Original Parcels as of CFD Formation are identified in Attachment 2, which will be updated by the Administrator as needed to reflect Original Parcels added to Improvement Area No. 1 due to 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 #20..
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Tivoli CFD No. 2024-1, IA No. 1 18 May 31, 2024
a Land Use Class that has higher Per-Acre Special Taxes based on reference to Table 1 and Table 2 above. Upon approval of such a change in zoning by the City Council, the Administrator shall multiply the applicable Per-Acre Special Taxes by the Net Taxable #20..
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Tivoli CFD No. 2024-1, IA No. 1 19 May 31, 2024
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 SFD Lots
If all Parcels created by a recorded Subdivision Map are SFD 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 sum of the Maximum Special Taxes assigned to each Expected Land Use for the Original Parcel, or (ii) the sum of the Net Taxable Acreage of each Density Category within the Subdivision Map multiplied by the Per-Acre Special Taxes for each Density Category.
Step 2. Separately for each Density Category 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 SFD Lot. b. No Successor Parcels are SFD Lots
If none of the Successor Parcels created by recordation of a Subdivision Map are SFD Lots, the Administrator shall apply the following steps to 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. #20..
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Tivoli CFD No. 2024-1, IA No. 1 20 May 31, 2024
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:
#20..
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Tivoli CFD No. 2024-1, IA No. 1 21 May 31, 2024
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 (preTransition Year) and Table 2 (in and after Transition Year) 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 Tax Category, the Maximum Special Tax assigned to the Original Parcel shall either be distributed equally on a per-acre 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 Per-Acre Special Taxes in Table 1 and Table 2 above.
c. Some, But Not All, Successor Parcels are SFD Lots
If a Subdivision Map divides an Original Parcel into Successor Parcels, of which some are SFD Lots and some are not, the Administrator shall (i) break out the aggregate Net Taxable Acreage of all SFD Lots separately from the Net Taxable Acreage of other Land #20..
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Tivoli CFD No. 2024-1, IA No. 1 22 May 31, 2024
Use Classes, (ii) for the aggregate Net Taxable Acreage of the SFD Lots, apply the steps in Section C.2a to determine the Maximum Special Taxes for each SFD Lot, and (iii) apply the steps in Section C.2b above to determine the Maximum Special Taxes for the other Land Use Classes on the Parcel.
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
#20..
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Tivoli CFD No. 2024-1, IA No. 1 23 May 31, 2024
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. CHANGES TO THE MAXIMUM SPECIAL TAXES
1. Escalation of Special Taxes
1a. One-Time Special Tax
On July 1, 2025 and on each July 1 thereafter, the Maximum One-Time Facilities Special Tax assigned to each Parcel and the Per-Acre Special Tax shown in Table 1 and Table 2 above shall be adjusted annually by the Escalation Factor. 1b. Annual Facilities Special Tax
On July 1, 2025 and on each July 1 thereafter, the Maximum Annual Facilities Special Tax assigned to each Parcel and the Per-Acre Special Tax shown in Table 1 and Table 2 above shall be increased by two percent (2%) of the amount in effect in the prior Fiscal Year.
1c. Annual Maintenance Special Tax
On July 1, 2025 and on each July 1 thereafter, the Maximum Annual Maintenance Special Tax assigned to each Parcel and the Per-Acre Special Tax shown in Table 1 and Table 2 above shall be adjusted annually by the Escalation Factor. Each annual adjustment of the Maximum Annual Maintenance Special Tax shall become effective on the subsequent July 1.
2. Partial Prepayment of Maximum Annual Facilities Special Tax If a Parcel makes a partial prepayment of the Annual Facilities Special Tax pursuant to Section I below, the Administrator shall recalculate the Maximum Annual Facilities Special Tax for the Parcel pursuant to Section I. In addition, the Administrator shall update Attachment 2 to reflect the prepayment and the revised Maximum Annual Facilities Special Tax Revenues for Improvement Area No. 1. Such updates shall be maintained internally by the Administrator and shall not require recordation of an amended RMA. After the prepayment has been received, the application of Sections F and I of this RMA shall be based on the adjusted Expected Maximum Annual Facilities Special Tax Revenues after the prepayment. #20..
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Tivoli CFD No. 2024-1, IA No. 1 24 May 31, 2024
3. Conversion of a Parcel of Public Property to Private Use If, in any Fiscal Year, a Parcel of Public Property is converted to private use, such Parcel shall be subject to the levy of the Special Taxes, and the Administrator shall determine the appropriate Maximum Special Taxes for the Parcel based on the Net Taxable Acreage of the Parcel. #20..
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Tivoli CFD No. 2024-1, IA No. 1 25 May 31, 2024
E. ANNEXATIONS
If, in any Fiscal Year, a property owner within the Future Annexation Area wants to annex property into Improvement Area No. 1, the Administrator shall apply the following steps as part of the annexation proceedings:
Step 1. Working with City staff and the landowner, the Administrator shall determine the Land Use Classes that are expected within the area to be annexed.
Step 2. The Administrator shall prepare and keep on file an updated Attachment 2 that identifies the Assessor’s Parcel Number(s), Expected Land Use, Expected Net Taxable Acreage, One-Time Facilities Special Tax, Maximum Annual Facilities Special Tax, and Maximum Annual Maintenance Special Tax for the annexed property.
Step 3. The Administrator shall prepare and keep on file an updated Attachment 3 that adds the Assessor’s Parcel(s) in the annexed area to the Original Parcels in Improvement Area No. 1.
Step 4. The Administrator shall ensure that a Notice of Special Tax Lien is recorded against all Parcels that are annexed to Improvement Area No. 1.
Step 5. The Administrator shall recalculate the Public Facilities Requirement used in the prepayment calculation in Section I below to include the estimated net proceeds that can be generated to fund Authorized Facilities based on the Maximum Annual Facilities Special Tax capacity from the annexed area. The adjusted Public Facilities Requirement shall be calculated by (i) dividing the increased Maximum Annual Facilities Special Tax Revenues that can be collected after the annexation by the Maximum Annual Facilities Special Tax Revenues that were in place prior to the annexation, and (ii) multiplying the quotient by the Public Facilities Requirement that was in place prior to the annexation.
F. METHOD OF LEVY OF THE SPECIAL TAXES
1. One-Time Facilities Special Tax
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Tivoli CFD No. 2024-1, IA No. 1 26 May 31, 2024
The Maximum One-Time Facilities Special Tax determined pursuant to Sections C and D above shall be levied on all Taxable Property in Improvement Area No. 1 and shall be collected as set forth in Section G below.
2. Annual Facilities Special Tax
Each Fiscal Year until the Transition Year, the Administrator shall determine the Annual Facilities Special Tax Requirement for the Fiscal Year and levy the Annual Facilities Special Tax on all Parcels of Taxable Property as follows:
Step 1: The Annual Facilities Special Tax shall be levied Proportionately on each Parcel of Developed Property within Improvement Area No. 1 up to 100% of #20..
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Tivoli CFD No. 2024-1, IA No. 1 27 May 31, 2024
the Maximum Annual Facilities Special Tax for each Parcel for such Fiscal Year until the amount levied on Developed Property is equal to the Annual Facilities Special Tax Requirement prior to applying any Capitalized Interest that is available in the CFD accounts.
Step 2: If additional revenue is needed after Step 1, the Annual Facilities Special Tax shall be levied Proportionately on each Parcel of Taxable Welfare Exemption Property up to 100% of the Maximum Annual Facilities Special Tax for each Parcel of Taxable Welfare Exemption Property for such Fiscal Year until the amount levied is equal to the Annual Facilities Special Tax Requirement.
Step 3: If additional revenue is needed after Step 2, the Annual Facilities Special Tax shall be levied Proportionately on each Parcel of Taxable Owners Association Property up to 100% of the Maximum Annual Facilities Special Tax for each Parcel of Taxable Owners Association Property until the amount levied is equal to the Annual Facilities Special Tax Requirement.
Step 4: If additional revenue is needed after Step 3, the Annual Facilities Special Tax shall be levied Proportionately on each Parcel of Taxable Public Property up to 100% of the Maximum Annual Facilities Special Tax for each Parcel of Taxable Public Property until the amount levied is equal to the Annual Facilities Special Tax Requirement.
No Annual Facilities Special Tax shall be levied in any Fiscal Year on Parcels of Undeveloped Property.
3. Annual Maintenance Special Tax
Each Fiscal Year, the Administrator shall determine the Annual Maintenance Special Tax Requirement for the Fiscal Year and levy the Annual Maintenance Special Tax on Parcels of Taxable Property as follows:
Step 1: The Annual Maintenance Special Tax shall be levied Proportionately on each Parcel of Developed Property within Improvement Area No. 1 up to 100% of the Maximum Annual Maintenance Special Tax for each Parcel for such Fiscal Year until the amount levied on Developed Property is equal to the Annual Maintenance Special Tax Requirement.
#20..
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Tivoli CFD No. 2024-1, IA No. 1 28 May 31, 2024
Step 2: If additional revenue is needed after Step 1, the Annual Maintenance Special Tax shall be levied Proportionately on each Parcel of Taxable Welfare Exemption Property up to 100% of the Maximum Annual Maintenance Special Tax for each Parcel of Taxable Welfare Exemption Property for such Fiscal Year until the amount levied is equal to the Annual Maintenance Special Tax Requirement.
Step 3: If additional revenue is needed after Step 2 the Annual Maintenance Special Tax shall be levied Proportionately on each Parcel of Taxable Owners Association Property up to 100% of the Maximum Annual Maintenance
#20..
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Tivoli CFD No. 2024-1, IA No. 1 29 May 31, 2024
Special Tax for each Parcel of Taxable Owners Association Property until the amount levied is equal to the Annual Maintenance Special Tax Requirement.
Step 4: If additional revenue is needed after Step 3, the Annual Maintenance Special Tax shall be levied Proportionately on each Parcel of Taxable Public Property up to 100% of the Maximum Annual Maintenance Special Tax for each Parcel of Taxable Public Property until the amount levied is equal to the Annual Maintenance Special Tax Requirement.
No Annual Maintenance Special Tax shall be levied in any Fiscal Year on Parcels of Undeveloped Property.
G. MANNER OF COLLECTION OF SPECIAL TAXES
The Maximum One-Time Facilities Special Tax shall be collected prior to a Certificate of Occupancy being issued for any residential or non-residential structure on Taxable Property within Improvement Area No. 1 and shall be immediately delinquent if not so paid.
The Annual Facilities Special Tax and Annual Maintenance Special Tax 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 I below and provided further that the City may directly bill, collect at a different time or in a different manner, and/or 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 Annual Facilities Special Taxes be levied after Fiscal Year 2074-75. The Annual Maintenance Special Tax shall be levied in perpetuity unless and until the City determines that the Annual Maintenance Special Tax is no longer needed to pay for Authorized Services. Under no circumstances may the Annual Facilities Special Tax on a Parcel of Developed Property in residential use be increased in any Fiscal Year as a consequence of delinquency or default in payment of the Annual Facilities Special Tax levied on another Parcel or Parcels by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults.
H. EXEMPTIONS
#20..
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Tivoli CFD No. 2024-1, IA No. 1 30 May 31, 2024
Notwithstanding any other provision of this RMA, no One-Facilities Special Tax or Annual Facilities Special Tax shall be levied in any Fiscal Year on the following: (i) Public Property, except Taxable Public Property, (ii) Owners Association Property, except Taxable Owners Association Property, (iii) Welfare Exemption Property, except Taxable Welfare Exemption Property, and (iv) Parcels of Undeveloped Property. In addition, no Annual Facilities Special Tax shall be levied on (i) Parcels that are owned by a public utility for an unmanned facility, and (ii) Parcels that are subject to an easement that precludes any other use on the Parcel. #20..
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Tivoli CFD No. 2024-1, IA No. 1 31 May 31, 2024
No Annual Maintenance Special Tax shall be levied on the following: (i) Public Property, including Taxable Public Property, (ii) Owners Association Property, including Taxable Owners Association Property, and (iii) Welfare Exemption Property, including Taxable Welfare Exemption Property.
I. PARTIAL PREPAYMENT OF THE ANNUAL FACILITIES SPECIAL TAX The following definitions apply to this Section I:
“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 prior to the date of prepayment.
“Public Facilities Requirement” means either $7.3 million in 2024 dollars, which shall increase on January 1, 2025, and on each January 1 thereafter by two percent (2%) of the amount in effect in the prior year, or such other number as shall be determined by the City as sufficient to fund improvements that are authorized to be funded by the CFD. The Public Facilities Requirements shown above will be adjusted each time there is an annexation of property into Improvement Area No. 1.
“Remaining Facilities Costs” means the Public Facilities Requirement minus public facility costs funded by Previously Issued Bonds, developer equity, and any other source of funding.
A property owner may prepay up to 75% of the Annual Facilities Special Tax obligation applicable to a Parcel, thereby reducing the Maximum Annual Facilities Special Tax applicable to the Parcel, provided that a prepayment may be made only if (i) there are no delinquent Special Taxes with respect to such Parcel at the time of prepayment, and (ii) there has not in any prior Fiscal Year been a partial prepayment of the Annual Facilities Special Tax assigned to the Parcel.
The Annual Maintenance Special Tax may not be prepaid. An owner of an Assessor’s Parcel intending to prepay a portion of the Annual Facilities Special Tax obligation shall provide the City #20..
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Tivoli CFD No. 2024-1, IA No. 1 32 May 31, 2024
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):
#20..
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Tivoli CFD No. 2024-1, IA No. 1 33 May 31, 2024
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 amount that could be collected from the 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 current Maximum Annual Facilities Special Tax Revenues.
Step 3. Multiply the quotient computed in Step 2 by the percentage of the Maximum Annual Facilities Special Tax that the property owner wants to prepay, which percentage shall not exceed 75%.
Step 4. Multiply the quotient computed pursuant to Step 3 by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the “Bond Redemption Amount”).
Step 5.Compute the current Remaining Facilities Costs (if any).
Step 6. Multiply the quotient computed pursuant to Step 3 by the amount determined pursuant to Step 5 to compute the amount of Remaining Facilities Costs to be prepaid (the “Remaining Facilities Amount”). #20..
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Tivoli CFD No. 2024-1, IA No. 1 34 May 31, 2024
Step 7. Multiply the Bond Redemption Amount computed pursuant to Step 4 by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).
Step 8. Compute the amount needed to pay interest on the Bond Redemption Amount starting with the first Bond interest payment date after which the prepayment will be received until the earliest redemption date for the Outstanding Bonds. However, if Bonds are callable at the first interest payment date after the prepayment has been received, Steps 8, 9, and 10 of this prepayment formula will not apply.
Step 9: 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.
#20..
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Tivoli CFD No. 2024-1, IA No. 1 35 May 31, 2024
Step 10: Subtract the amount computed pursuant to Step 9 from the amount computed pursuant to Step 8 (the “Defeasance Requirement”).
Step 11. The administrative fees and expenses associated with the prepayment will be determined by the Administrator and include the costs of computing the prepayment, redeeming Bonds, and recording any notices to evidence the prepayment and the redemption (the “Administrative Fees and Expenses”).
Step 12. If and to the extent so provided in the Bond Indenture, 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 13. The Facilities Special Tax prepayment is equal to the sum of the amounts computed pursuant to Steps 4, 6, 7, 10, and 11, less the amount computed pursuant to Step 12 (the “Prepayment Amount”).
Step 14. From the Prepayment Amount, the amounts computed pursuant to Steps 4, 7, and 10 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to Step 6 shall be deposited into the Improvement Fund. The amount computed pursuant to Step 11 shall be retained in the account or fund that is established to pay Administrative Expenses.
Once a partial prepayment has been received, an Amendment to Notice of Facilities Special Tax Lien shall be recorded against the Parcel to reflect the reduced Facilities Special Tax lien for the Parcel, which shall be equal to the portion of the Maximum Annual Facilities Special Tax that was not prepaid, and the Administrator shall update Attachment 2 to show the revised Expected Maximum Annual Facilities Special Tax Revenues. However, an Amendment to Notice of Facilities Special Tax Lien shall not be recorded until all Special Taxes levied on the Parcel in the current or prior Fiscal Years have been collected.
If an owner that has partially 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 partial prepayment for the Parcel. #20..
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Tivoli CFD No. 2024-1, IA No. 1 36 May 31, 2024
Notwithstanding the foregoing, if at any point in time the Administrator determines that the Maximum Annual Facilities Special Tax Revenue that can be collected from Taxable Property that remains subject to the Annual Facilities Special Tax after the proposed prepayment is less than the Required Coverage on Bonds that will remain outstanding after defeasance or redemption of Bonds from proceeds of the estimated prepayment, the amount of the prepayment shall be increased until the amount of Bonds defeased or redeemed is sufficient to reduce remaining annual debt service to a point at which Required Coverage is maintained. #20..
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Tivoli CFD No. 2024-1, IA No. 1 37 May 31, 2024
J. 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 rates or method of apportioning 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 RMA.
#20..
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ATTACHMENT 1
IMPROVEMENT AREA NO. 1 OF THE
CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2024-1(TIVOLI)
Tivoli Specific Plan
Land Use Diagram
#20..
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#20..
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ATTACHMENT 2 IMPROVEMENT AREA
NO. 1 OF THE
CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2024-1(TIVOLI)
Maximum Special Taxes Assigned to Expected Land Uses
Within Each Original Parcel
Prior to the Transition Year
Event
Adding
Parcel
to CFD
Assessor’s
Parcel
Number
Expected
Land Use /1
Expected
Net Taxable
Acreage
Maximum
One-Time
Facilities
Special Tax
(FY 2024-25) /2
Maximum
Annual
Facilities
Special Tax
(FY 2024-25) /2
Maximum
Annual
Maintenance
Special Tax
(FY 2024-25) /2
CFD
Formation 083-004-059-000 MDR 4.50 $450,000 $61,761 $23,247 CFD
Formation 083-004-060-000 MDR 4.78 $478,000 $65,604 $24,693 CFD
Formation 083-004-068-000 LDR 35.89 $3,589,000 $368,244 $185,408
1. VLDR = Very Low Density Residential, LDR = Low Density Residential, MDR = Medium Density Residential, MHDR = Medium High Density Residential, and NR = Non-Residential
2. The Maximum Special Taxes set forth above shall be adjusted pursuant to Section D of the RMA. #20..
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ATTACHMENT 3
IMPROVEMENT AREA NO. 1 OF THE
CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2024-1(TIVOLI)
Original Parcels in Improvement Area No. 1
#20..
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9/24/2024/CEDD/EGarcia/Item # 1 2024-xxx
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MODESTO,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF MODESTO COMMUNITY FACILITIES DISTRICT NO. 2024-1 (TIVOLI),
DECLARING THE NECESSITY TO INCUR BONDED INDEBTEDNESS
IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED
$120,000,000 AND CALLING A SPECIAL ELECTION
WHEREAS, the City Council (the “City Council”) of the City of Modesto (the “City”), has heretofore adopted Resolution No. 2024-279 (the “Resolution of Intention”), stating the City Council’s intention to establish City of Modesto Community Facilities District No. 2024-1 (Tivoli) (the “Community Facilities District”), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the Government Code of the State of California (the “Act”); and
WHEREAS, pursuant to Resolution No. 2024-280, the City Council declared its intention to finance certain facilities and incidental expenses through the incurrence of bonded indebtedness in an amount not to exceed $120,000,000 for the Community Facilities District; and WHEREAS, on September 24, 2024, the City Council held a public hearing as required by law and the Act on all matters pertaining to the formation of the Community Facilities District, including the boundaries of Improvement Area No. 1, being the initial boundaries of the Community Facilities District, the special taxes relating to the Community Facilities District (the “Special Taxes”), including the special tax for certain facilities (the “Annual Facilities Special Tax” and the “One-Time Facilities Special Tax”) and the special tax for certain services (the “Services Special Tax”) within the Community Facilities District, the description of the authorized #20..
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9/24/2024/CEDD/EGarcia/Item # 2 2024-xxx
facilities (the “Facilities”) and the authorized services (the “Services”) and the incurrence of bonded indebtedness; and
WHEREAS, the Public Hearing was noticed as required by law for September 10, 2024, and at the time and place specified in such noticed, the City Council received public comment and continued the public hearing to September 24, 2024; and WHEREAS, at said hearing all persons not exempt from the special taxes of the Community Facilities District desiring to be heard on all matters pertaining to the Community Facilities District were heard and a full and fair hearing was held, and such matters were not precluded by a majority protest; and
WHEREAS, following said public hearing, the City Council adopted its resolution determining the validity of prior proceedings, establishing the Community Facilities District, authorizing the levy of the Special Taxes within Improvement Area No. 1 of the Community Facilities District to fund the Facilities and Services and establishing an appropriations limit (the “Resolution of Formation”); and
WHEREAS, in order to finance the Facilities it is necessary to incur bonded indebtedness in the aggregate amount of not to exceed $120,000,000, the repayment of which is to be secured by the Annual Facilities Special Tax to be levied on non-exempt properties within the Community Facilities District, including Improvement Area No. 1, and for additional improvement areas from within the designated Future Annexation Area, when annexed, in accordance with Section 53340 et seq. of the Act and the rate and method of apportionment of special taxes approved by the Resolution of Formation (the “Rate and Method”) for Improvement Area No. 1, or as modified or #20..
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9/24/2024/CEDD/EGarcia/Item # 3 2024-xxx
separate rates and methods of apportionment for additional improvement areas from within Future Annexation Area, when annexed; and
WHEREAS, the map of the boundaries of the Community Facilities District, including Improvement Area No. 1 and the Future Annexation Area (the “Map”) has been recorded in the Office of the County Recorder of Stanislaus County, California in Book 7, Page 29 of the Book of Maps of Assessment and Community Facilities Districts, as Document Number 2024-0038785; and
WHEREAS, pursuant to the provisions of the Resolution of Formation and this Resolution, the City Council wishes to present to the qualified electors of the Community Facilities District propositions for the levy of the Special Taxes on property within Improvement Area No. 1 of the Community Facilities District and the authorization of bonded indebtedness secured by the Annual Facilities Special Tax pursuant to the Act and the establishment of an annual appropriations limit for the Community Facilities District as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Modesto, acting as the legislative body of the City of Modesto Community Facilities District No. 2024-1 (Tivoli), hereby finds and determines as follows:
SECTION 1. The above recitals are true and correct and are incorporated herein by reference.
SECTION 2. It is necessary for the Community Facilities District to incur bonded indebtedness in the aggregate principal amount of not to exceed $120,000,000 to finance the costs of a portion of the Facilities.
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9/24/2024/CEDD/EGarcia/Item # 4 2024-xxx
SECTION 3. The bonded indebtedness will be incurred for the purpose of financing the costs of purchasing, constructing, expanding, modifying, rehabilitating or improving a portion of the Facilities, the acquisition of necessary equipment and property therefor and fulfilling contractual commitments and carrying out the powers and purposes of the Community Facilities District, including, but not limited to, the financing of the costs associated with the issuance of the bonds and all other costs necessary to finance the Facilities which are permitted to be financed pursuant to the Act.
SECTION 4. The bonds shall be issued in one or more series bearing interest payable semiannually or in such other manner as the City Council shall determine at a maximum interest rate of 12 percent per annum or such rate not in excess of the maximum rate permitted by law at the time the bonds are issued. The term of the bonds shall be determined pursuant to a resolution of the City Council authorizing the issuance of the bonds, but such term shall in no event exceed 40 years or such longer term as is then permitted by law. The bonds shall be secured as to Improvement Area No. 1 by all or a portion of the Annual Facilities Special Tax, and secured as to each additional improvement area within the Community Facilities District by all or a portion of its applicable annual facilities special tax.
SECTION 5. Pursuant to and in compliance with the provisions of Article 1.5 (commencing with Section 53410) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code, the City Council hereby establishes the following accountability measures pertaining to any bonded indebtedness incurred by or on behalf of the Community Facilities District:
(a) Such bonded indebtedness shall be incurred for the specific purposes set forth in Section 3 above.
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9/24/2024/CEDD/EGarcia/Item # 5 2024-xxx
(b) The proceeds of any such bonded indebtedness shall be applied only to the specific purposes identified in Section 3 above.
(c) The document or documents establishing the terms and conditions for the issuance of any such bonded indebtedness shall provide for the creation of an account or accounts into which the proceeds of such bonded indebtedness shall be deposited. (d) The Finance Director, or his or her designee, acting for and on behalf of the City, shall annually file a report with the City Council as required by Government Code Section 53411.
SECTION 6. Pursuant to the Act the propositions to authorize the levy of special taxes within Improvement Area No. 1 of the Community Facilities District, authorize the incurrence of bonded indebtedness for the Community Facilities District in an amount not to exceed $120,000,000, and establish an appropriations limit of the Community Facilities District shall be combined into one ballot proposition and submitted to the qualified electors of the Community Facilities District as provided herein.
SECTION 7. The City Council has heretofore found that fewer than twelve (12) persons have been registered to vote within the territory of Improvement Area No. 1 of the Community Facilities District for the ninety (90) days preceding the close of the public hearing heretofore held by the City Council for the purposes of these proceedings. Accordingly, the vote shall be by the land owners of Improvement Area No. 1 of the Community Facilities District, and each owner of record at the close of such public hearing, or the authorized representative thereof, shall have one (1) vote for each acre or portion of an acre that he or she owns within Improvement Area No. 1 of the Community Facilities District.
SECTION 8. The date of the election shall be September 24, 2024, and the City Clerk shall conduct the election. The election shall be conducted by personally delivered or mailed #20..
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9/24/2024/CEDD/EGarcia/Item # 6 2024-xxx
ballots and in accordance with the provisions of law regulating elections of the City insofar as such provisions are determined by the City Clerk to be applicable. The voted ballots shall be returned to the City Clerk no later than 5:30 p.m. on September 24, 2024; provided that if all of the qualified electors have voted prior to such time, the election may be closed by the City Clerk.
SECTION 9. The form of the ballot for the election is attached hereto as Attachment A and by this reference incorporated herein. The City Clerk shall cause to be delivered to each of the qualified electors of Improvement Area No. 1 of the Community Facilities District a ballot in said form. Each ballot shall indicate the number of votes to be voted by the respective elector based upon the number of acres of land owned by such elector as set forth above. The identification envelope for return of the ballot shall been closed with the ballot, shall have the postage prepaid and shall contain (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the elector is the owner of record, or the authorized representative thereof, and is the person whose name appears on the identification envelope, (c) the printed name, signature and address of the elector, (d) the date of signing and place of execution of the declaration described above and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board. Analysis and arguments with respect to the ballot proposition are hereby waived.
SECTION 10. The City Clerk shall accept the ballots of the qualified electors in the office of the City Clerk to and including 5:30 p.m. on September 24, 2024, whether said ballots shall be personally delivered or received by mail.
SECTION 11. There is on file with the City Clerk a written instrument executed by each qualified elector of the Community Facilities District requesting a shortening of the time for the #20..
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9/24/2024/CEDD/EGarcia/Item # 7 2024-xxx
special election in order to expedite the process of formation of the Community Facilities District and waiving any requirement for analysis and arguments in connection therewith. #20..
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9/24/2024/CEDD/EGarcia/Item # 8 2024-xxx
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 24th day of September, 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:
ABSTAIN: Councilmembers:
ABSENT: Councilmembers:
ATTEST:
DIANE NAYARES-PEREZ, City Clerk
APPROVED AS TO FORM:
By:
JOSE M. SANCHEZ, City Attorney
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9/24/2024/CEDD/EGarcia/Item # 9 2024-xxx
ATTACHMENT A
FORM OF OFFICIAL BALLOT
CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2024-1 (TIVOLI)
IMPROVEMENT AREA NO. 1
SPECIAL ELECTION
SPECIAL TAX, BOND AND APPROPRIATIONS LIMIT
September 24, 2024
NUMBER OF VOTES ENTITLED TO BE CAST: ___
(VOTER MAY REMOVE AND RETAIN THIS STUB)
--------------------------------------------------------------------------------------------------------------------- This ballot is for a special, landowner election. You must return this ballot in the enclosed envelop to the office of the City Clerk of the City of Modesto no later than 5:30 p.m. on September 24, 2024, either by mail or in person. The City Clerk’s offices are located at 1010 Tenth Street, Modesto, California 95353.
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:
Shall the City of Modesto Community Facilities Disttict No. 2024-1 (Tivoli) (the "CFD") be authorized to incur bonded indebtedness in a maximum aggregate amount of not to exceed $120,000,000 and levy special taxes in order to finance certain facilities and services and shall the annual appropriations limit of the CFD be established in the amount of $120,000,000, all as specified in the Resolution entitled "A Resolution of the City Council of the City of Modesto, California, of Formation of the City of Modesto Community Facilities District No. 20241 (Tivoli) Authorizing the Levy of a Special Tax within the Community Facilities District and Establishing an Appropriations Limit for the Community Facilities Disttict" and the Resolution entitled "Resolution of the City Council of the City of Modesto, California, acting as the Legislative Body of the City of Modesto Community Facilities District No. 2024-1 (Tivoli), Declaring the Necessity to Incur Bonded Indebtedness in the Aggregate Principal Amount of Not to Exceed $120,000,000 and Calling a Special Election," each adopted by the City Council of the City of Modesto on September 24, 2024?
YES
NO
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9/24/2024/CEDD/EGarcia/Item # 1 2024-xxx
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XXX
RESOLUTION DECLARING THE RESULTS OF SEPTEMBER 24, 2024,
SPECIAL ELECTION AND APPROVING CERTAIN RELATED ACTIONS
PERTAINING TO CITY OF MODESTO COMMUNITY FACILITIES
DISTRICT NO. 2024-1 (TIVOLI)
WHEREAS, this City Council, acting as the legislative body of the City of Modesto Community Facilities District No. 2024-1(Tivoli) (the “Community Facilities District”), called and duly held an election within Improvement Area No. 1 of the Community Facilities District pursuant to resolutions adopted by the City Council on September 24, 2024, for the purpose of presenting to the qualified electors within Improvement Area No. 1 of the Community Facilities District a proposition (the “Proposition”) for (a) the levy of special taxes in accordance with the rate and method of apportionment of special tax set forth in the resolution forming the Community Facilities District, (b) the authorization of bonded indebtedness of the Community Facilities District in an amount not to exceed $120,000,000, and (c) the establishment of an appropriations limit for the Community Facilities District; and
WHEREAS, a Certificate of the City Clerk as to the Results of the Canvass of the Election Returns has been presented to City Council, a copy of which is attached hereto as Attachment A.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Modesto, acting as the legislative body of the City of Modesto Community Facilities District No. 2024-1 (Tivoli), hereby finds and determines as follows:
SECTION 1. The above recitals are true and correct and are incorporated herein by reference.
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9/24/2024/CEDD/EGarcia/Item # 2 2024-xxx
SECTION 2. Two-thirds or more of the votes of the qualified electors of Improvement Area No. 1 of the Community Facilities District at the special election held on September 24, 2024 were cast in favor of the Proposition, and the Proposition carried. The City Council, acting as the legislative body of the Community Facilities District, is hereby authorized to take the necessary steps to levy the special taxes authorized by the Proposition.
SECTION 3. The City Clerk is hereby authorized and directed to execute and cause to be recorded in the office of the County Recorder of Stanislaus County a notice of special tax lien in the form required by law, said recording to occur no later than fifteen days following adoption of this Resolution.
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9/24/2024/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 24th day of September, 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:
ABSTAIN: Councilmembers:
ABSENT: Councilmembers:
ATTEST:
DIANE NAYARES-PEREZ, City Clerk
APPROVED AS TO FORM:
By:
JOSE M. SANCHEZ, City Attorney
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9/24/2024/CEDD/EGarcia/Item # 4 2024-xxx
ATTACHMENT A
CERTIFICATE OF CITY CLERK
AS TO RESULTS OF THE CANVAS OF ELECTION RETURNS
STATE OF CALIFORNIA )
) ss.
COUNTY OF STANISLAUS )
As City Clerk of the City of Modesto, I do hereby certify that I have examined the returns of the special election for City of Modesto Community Facilities District No. 2024-1 (Tivoli) (the “Community Facilities District”). With my concurrence, the election was conducted on September 24, 2024. On or prior to said date I had mailed or personally delivered, or caused to be mailed or personally delivered, a ballot to the landowner listed on the latest equalized assessment roll prepared by the Stanislaus County Assessor prior to September 10, 2024 or otherwise known by me to own the property within the boundaries of Improvement Area No. 1 of the Community Facilities District. The landowner was given one vote for each acre, or portion thereof, that the landowner owns within Improvement Area No. 1 of the Community Facilities District.
I further certify that the results of said election and the number of votes cast for and against the Proposition are as follows:
YES:____________
NO: ____________
TOTAL NUMBER OF VOTES CAST:________
Dated this 10th day of September, 2024.
____________________________________
Diane Nayares-Perez,
City Clerk of the City of Modesto
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ORDINANCE NO. _____
AN ORDINANCE AUTHORIZING THE LEVY OF SPECIAL TAXES
WITHIN THE CITY OF MODESTO HELD WITHIN CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2024-1 (TIVOLI)
The Council of the City of Modesto does ordain as follows:
WHEREAS, on August 13, 2024, this City Council adopted Resolution No. 2024-___, stating its intention to form City of Modesto Community Facilities District No. 2024-1 (Tivoli) (the “Community Facilities District”), designate an improvement area (“Improvement Area No. 1”), and designate certain property for future annexation to the Community Facilities District (the “Future Annexation Area”), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”) in order to finance certain facilities and services and incidental expenses to be incurred in connection with financing the foregoing; and WHEREAS, on August 13, 2024, this City Council adopted Resolution No. 2024-___, stating its intention to incur bonded indebtedness for the Community Facilities District in an amount not to exceed $120,000,000 to be secured by certain facilities special tax of the Community Facilities District, pursuant to the Act; and
WHEREAS, the City Council has held a noticed public hearing concerning the establishment of the Community Facilities District, including the designation of Improvement Area No. 1 and the Future Annexation Area, and the incurrence of bonded debt for the Community Facilities District, as required by the Act; and
WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled, #20..
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2 “ Declaring The Formation of City of Modesto Community Facilities District No. 2024-1 (Tivoli), Conditionally Authorizing the Levy of Special Taxes Therin and Conditionally Establishing An Annual Appropriations Limit, (the “Resolution of Formation”), and “Resolution Of The City Council of the City of Modesto, Acting as the Legislative Body of the City of Modesto Community Facilities District No. 2024-1 (Tivoli)Declaring the Necessity to Incur Bonded Indebtedness in the Aggregate Principal Amount of Not To Exceed $120,000,000 and Calling a Special Election,” which resolutions established the Community Facilities District, authorized the levy of special taxes therein, authorized bonded indebtedness, and called an election within Improvement Area No. 1 of the Community Facilities District on the propositions of (a) the levy of special taxes in accordance with the rate and method of apportionment of special tax set forth in the Resolution of Formation (the “Special Taxes”), (b) the authorization of bonded indebtedness of the Community Facilities District in an amount not to exceed $120,000,000, and (c) the establishment of an appropriations limit for the Community Facilities District (the “Proposition”); and
WHEREAS, an election was held on September 24, 2024, within Improvement Area No. 1 of the Community Facilities District at which the qualified electors approved by more than a twothirds vote the Proposition.
NOW, THEREFORE, the Council of the City of Modesto, acting as the legislative body of the City of Modesto Community Facilities District No. 2024-1 (Tivoli), DOES ORDAIN as follows:
SECTION 1. The above recitals are true and correct and are incorporated herein by reference.
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3 SECTION 2. By the passage of this Ordinance, the City Council authorizes and levies special taxes within Improvement Area No. 1 of the Community Facilities District at the rates and in accordance with the methods of apportionment set forth in Attachment A to the Resolution of Formation and which, for reference purposes, is attached hereto as Attachment A and incorporated by this reference, or as may be modified or amended from time to time by a resolution of change or resolution of annexation adopted pursuant to the provisions of the Act (the “Rate and Method”).
By passage of this Ordinance, the City Council authorizes the levy of a special tax for any approved future annexations in accordance with the then-existing Rate and Method.
SECTION 3. The City’s Community Development Manager shall be responsible for annually preparing, or causing the preparation of, the current roll of special tax levy obligations by assessor’s parcel number on non-exempt property within the Community Facilities District.
The City Council or, to the maximum extent permitted by law, the City’s Community Development Manager is authorized to determine the specific special taxes to be levied on each parcel of land in the Community Facilities District, in the manner and as provided in the Rate and Method. In connection with the foregoing, the Administrator of the Infrastructure Financing Program of the City shall take any and all steps necessary in order to deliver to the Stanislaus County Tax Collector, on or before the date specified in Section 53340, a certified list of all parcels subject to the Annual Facilities Special Tax and the Annual Maintenance Special Tax (as defined in the Rate and Method) levies, including the amount of each such tax to be levied on each parcel for the applicable tax year. The special taxes to be levied shall not exceed the maximum rates set forth in the Rate and Method, but the special taxes may be levied at lower rates.
SECTION 4. Properties of entities of the state, federal or other local governments shall be exempt from the above-referenced special taxes only to the extent set forth in the Rate and Method, #20..
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4 and otherwise shall be subject to tax consistent with the provisions of Section 53317.3 of the Act in effect as of the date of adoption of this Ordinance.
SECTION 5. All of the collections of the special taxes shall be used only as provided for in the Act and the Resolution of Formation and any resolution of change or resolution of annexation adopted from time to time by the City Council. The special taxes shall be levied only so long as needed to accomplish the purposes described in the Resolution of Formation and the Rate and Method, and to be described in any resolution of change or resolution of annexation adopted from time to time by the City Council.
SECTION 6. The Annual Facilities Special Tax and the Annual Maintenance Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes as such collection procedure may be modified by law or this City Council from time to time. Notwithstanding the foregoing, the City’s Community Development Manager may collect, or cause to be collected, one or more installments of such special taxes by means of direct billing of the property owners within the Community Facilities District if, in the judgment of the City’s Community Development Manager, such means of collection will reduce the burden of administering the Community Facilities District or is otherwise appropriate in the circumstances. In such event, such special taxes shall become delinquent if not paid when due as set forth in any such respective billing to the property owners.
The One-Time Facilities Special Tax shall be collected at the times as provided in the Rate and Method.
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5 SECTION 7. This Ordinance relating to the levy of the special tax takes effect and shall be in force immediately after the date of final passage pursuant to Government Code Section 36937(a).
SECTION 8. At least two (2) days prior to its final adoption, copies of this Ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in The Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this Ordinance, the date of its introduction and the places where this Ordinance is posted. #20..
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6 The foregoing Ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 24th day of September, 2024, by Councilmember ____________, who moved its introduction and passage to print, its which motion being duly seconded by Councilmember ___________, was upon roll call carried and ordered printed and published by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
SUE ZWAHLEN, Mayor
ATTEST:
By:
DIANE NAYARES-PEREZ, City Clerk
APPROVED AS TO FORM:
By:
JOSE M. SANCHEZ, City Attorney
#20..
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7 FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the _____ day of ___________, 2024, Councilmember ____________ moved its final adoption, which motion being duly seconded by Councilmember ______________, was upon roll carried and the ordinance adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
SUE ZWAHLEN, Mayor
ATTEST:
By:
DIANE NAYARES-PEREZ, City Clerk
Effective Date: [September 24, 2024]
#20..
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#20..
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#20..
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#20..
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Tivoli CFD No. 2024-1, IA No. 1 1 May 31, 2024
IMPROVEMENT AREA NO. 1 OF THE
CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(TIVOLI)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
Special Taxes applicable to each Assessor’s Parcel in Improvement Area No. 1 of the City of Modesto Community Facilities District No. 2024-1 (Tivoli) shall be levied and collected according to the tax liability determined by the City Council through the application of the appropriate amount or rate for Taxable Property, as described below. All of the property in Improvement Area No. 1, unless exempted by law or by the provisions of Section H below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed into Improvement Area No. 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 in carrying out its duties with respect to Improvement Area No. 1, the CFD and the Bonds, including, but not limited to, the levy and collection of Special Taxes, the fees and expenses of its counsel, charges levied by the County in connection with the levy and collection of Special Taxes, costs related to property owner inquiries regarding the Special Taxes, costs associated with appeals or requests for interpretation associated with the Special Taxes and this RMA, amounts needed to pay rebate to the federal government with respect to Bonds, costs associated with complying with continuing disclosure requirements for the City and any major property owners or other obligated parties, costs associated with foreclosure and collection of delinquent Special Taxes, and all other costs and expenses of the City in any way related to the establishment or administration of Improvement Area No. 1 and the CFD. “Administrator” shall mean the person or firm designated by the City to administer the Special Tax according to this RMA.
“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 to: (i) pay principal and interest on Bonds that are due in the calendar year that begins in such #20..
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Tivoli CFD No. 2024-1, IA No. 1 2 May 31, 2024
Fiscal Year; (ii) pay periodic costs on the Bonds, including but not limited to, credit enhancement, liquidity support, and rebate payments on the Bonds; (iii) replenish reserve funds created for the Bonds under the Indenture to the extent such replenishment has not been included in the computation of the Special Tax Requirement in a previous Fiscal Year; (iv) cure any delinquencies in the payment of principal or interest on Bonds which have occurred in the prior Fiscal Year; (v) pay Administrative Expenses; and (vi) pay directly for Authorized Facilities and Authorized Services, so long as such levy under this clause (vi) does not increase the Special Tax levied on Undeveloped Property. The amounts referred to in clauses (i) and (ii) of the definition of Special Tax Requirement may be reduced in any Fiscal Year by: (a) 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 such costs pursuant to the Indenture; (b) in the sole and absolute discretion of the City, proceeds received from the collection of penalties associated with delinquent Special Taxes; and (c) any other revenues available to pay such costs, each as determined in the sole discretion of the City.
“Annual Maintenance Special Tax” means a special tax levied in any Fiscal Year to pay the Annual Maintenance Special Tax Requirement, as defined below. “Annual Maintenance Special Tax Requirement” means the amount of revenue needed in any Fiscal Year to pay for: (i) Authorized Services, (ii) establishment of reserves, (iii) Administrative Expenses, and (iv) amounts needed to cure any delinquencies in the payment of Annual Maintenance Special Taxes which have occurred in prior Fiscal Years. “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.
“Assessor’s Parcel Number” means a unique number assigned to an Assessor’s Parcel by the County Assessor for purposes of identifying a property. “Authorized Facilities” means the public facilities authorized to be funded by the CFD as set forth in the documents adopted by the City Council when the CFD was formed. “Authorized Services” means the public services authorized to be funded by the CFD as set forth in the documents adopted by the City Council when the CFD was formed. “Bonds” means bonds or other debt (as defined in the Act), whether in one or more series, secured by the Annual Facilities Special Tax and issued or assumed by the CFD to fund Authorized Facilities.
“Building Permit” means a permit that allows for vertical construction of a building or buildings, which shall not include a separate permit issued for construction of the foundation thereof. “Capitalized Interest” means funds in any capitalized interest account available to pay debt service on Bonds.
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Tivoli CFD No. 2024-1, IA No. 1 3 May 31, 2024
“Certificate of Occupancy” means the first certificate, including any temporary certificate of occupancy, issued by the City to confirm that a building or a portion of a building has met all of the building codes and can be occupied for residential and/or non-residential use. “CFD” means the City of Modesto Community Facilities District No. 2024-1 (Tivoli). “CFD Formation” means the date on which the Resolution of Formation to form the CFD 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 the CFD.
“County” means the County of Stanislaus.
“Density Category” means, individually, Very Low Density Residential Property, Low Density Residential Property, Medium Density Residential Property, or Medium High Density Residential Property.
“Developed Property” means, in any Fiscal Year, the following:
For purposes of levying the Annual Maintenance Special Tax and Annual Facilities Special Tax:
• for Single Family Detached 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, 2023; • for Multi-Family Property, all Parcels for which a Building Permit was issued prior to June 30 of the preceding Fiscal Year but not prior to June 30, 2023; and • for Non-Residential Property, all Parcels for which a Building Permit was issued prior to June 30 of the preceding Fiscal Year but not prior to June 30, 2023.
For purposes of levying the One-Time Facilities Special Tax, all Parcels for which a Certificate of Occupancy was issued prior to June 30 of the preceding Fiscal Year but not prior to June 30, 2023.
“Development Class” means, individually, Developed Property, Taxable Owners Association Property, Taxable Welfare Exemption Property, and Taxable Public Property. “Escalation Factor” means, in any Fiscal Year, 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%). “Expected Land Uses” means the Net Taxable Acreage of each Land Use Class expected on an Original Parcel based on reference to the Land Use Diagram and Attachment 2 hereto, the latter of which will be updated with each annexation of property into Improvement Area No. 1. #20..
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Tivoli CFD No. 2024-1, IA No. 1 4 May 31, 2024
“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 SFD Lots.
The term “Final Map” shall not include any large-lot subdivision map, Assessor’s Parcel Map, or subdivision map or portion thereof, that does not create SFD Lots, including Assessor’s Parcels that are designated as remainder parcels.
“First Bond Sale” means issuance of the first series of Bonds secured, in whole or in part, by Annual Facilities Special Taxes levied and collected from Parcels of Taxable Property in Improvement Area No. 1.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “Future Annexation Area” means that geographic area that, at the time of CFD Formation, was considered potential annexation area for the CFD and which was, therefore, identified as “future annexation area” on the recorded CFD boundary map. Such designation does not mean that any or all of the Future Annexation Area will annex into the CFD, but should property designated as Future Annexation Area choose to annex, the annexation may be processed pursuant to the streamlined annexation procedures provided in the Act.
“Improvement Area No. 1” means Improvement Area No. 1 of the CFD. “Indenture” means an indenture, fiscal agent agreement, or other agreement authorizing issuance of the Bonds.
“Land Use Class” means one of the five mutually-exclusive land use classes identified in Table 1 and Table 2 in Section C below. The City shall, in its sole discretion, determine the appropriate Land Use Class for a Parcel of Taxable Property.
“Land Use Diagram” means the exhibit in the Tivoli Specific Plan entitled “Tivoli Specific Plan Land Use Diagram”, as may be amended from time to time. The Land Use Diagram at CFD Formation is included as Attachment 1 hereto.
“Low Density Residential Property” means all Parcels of Taxable Property that are developed or expected to be developed at an average density range of 4 to 6 dwelling units per gross acre.
Such Parcels are identified by an LDR designation in the Land Use Diagram. “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 Facilities Special Tax Revenues” means the aggregate amount that could be generated at any point in time if the Maximum Annual Facilities Special Tax was levied and collected on all Parcels of Taxable Property in Improvement Area No. 1. “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.
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Tivoli CFD No. 2024-1, IA No. 1 5 May 31, 2024
“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 for any Parcel, the Maximum One-Time Facilities Special Tax, Maximum Annual Facilities Special Tax, and Maximum Annual Maintenance Special Tax.
“Medium Density Residential Property” means all Parcels of Taxable Property that are developed or expected to be developed at an average density range of 7 to 17 dwelling units per gross acre. Such Parcels are identified by an MDR designation in the Land Use Diagram. “Medium High Density Residential Property” means all Parcels of Taxable Property that are developed or expected to be developed at an average density range of 18 to 24 dwelling units per gross acre. Such Parcels are identified by an MDHR designation in the Land Use Diagram. For purposes of this RMA, Medium High Density Residential Property shall also include any property that is zoned at an average density range higher than 18 to 24 dwelling units per acre, regardless of the designation that is assigned to such Parcel(s).
“Multi-Family Property” means all Parcels of Developed Property for which Building Permits have been 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 Tivoli 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 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.
“Non-Residential Property” means any Parcel of Taxable Property in the CFD that does not fit within the definition of Residential Property, Taxable Owners Association Property, Taxable Public Property, or Taxable Welfare Exemption Property, as determined by the Administrator. “One-Time Facilities Special Tax” means a Special Tax levied and collected in full by the City prior to issuance of a Certificate of Occupancy for a Parcel of Taxable Property. “Original Parcel” means an Assessor’s Parcel in Improvement Area No. 1 at the time of CFD Formation, or added to Improvement Area No. 1 upon annexation, as identified in Attachment 3 (which shall be updated after each annexation). A Successor Parcel that is being further subdivided shall also be considered an Original Parcel for purposes of determining the Maximum Special Taxes pursuant to Section C below.
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Tivoli CFD No. 2024-1, IA No. 1 6 May 31, 2024
“Owners Association” means a homeowners association or property owners association that provides services to, and collects assessments, fees, dues, or charges from, property within Improvement Area No. 1.
“Owners Association Property” means any property within the boundaries of Improvement Area No. 1 that is owned in fee or through easement by the Owners Association, not including any such property that is located directly under a residential structure. “Per-Acre Special Taxes” means the per-acre Special Taxes identified in Table 1 and Table 2 in Section C below.
“Proportionately” means, for each Development Class, that the ratio of the actual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all parcels assigned to the Development Class. “Public Property” means any property within the boundaries of Improvement Area No. 1 that is owned by the federal government, State of California, County, City, or other public agency. “RMA” means this Rate and Method of Apportionment of Special Taxes. “Required Coverage” means the amount by which the Maximum Annual Facilities Special Tax Revenues must exceed the Bond debt service and priority Administrative Expenses (if any), as set forth in the Indenture, Certificate of Special Tax Consultant, or other formation or bond document that sets forth the minimum required debt service coverage. “Residential Property” in any Fiscal Year means, collectively, all Very Low Density Residential Property, Low Density Residential Property, Medium Density Residential Property, and Medium High Density Residential Property.
“SFD Lot” means an individual residential lot, identified and numbered on a recorded Final Map, on which a Building Permit has been or is permitted to be issued for construction of an SFD Unit without further subdivision of the lot and for which no further subdivision of the lot is anticipated pursuant to an approved Tentative Map.
“SFD Unit” means a residential dwelling unit that does not share a common wall with another residential dwelling 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. #20..
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Tivoli CFD No. 2024-1, IA No. 1 7 May 31, 2024
“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 Owners Association Property” means, in any Fiscal Year after the First Bond Sale, any Parcel of Owners Association Property that satisfies all three of the following conditions: (i) the Parcel had not been Owners Association Property on the date of the First Bond Sale; (ii) based on reference to Attachments 1 and 2, the Parcel was not anticipated to be Owners Association Property as determined by the Administrator; and (iii) if the Parcel were to be exempt from the Special Tax because it is Owners Association Property, the Maximum Annual Facilities Special Tax Revenues would be reduced to a point at which Required Coverage could not be maintained. “Taxable Property” means all of the Assessor’s Parcels within the boundaries of Improvement Area No. 1 that are not exempt from the Special Taxes pursuant to law or Section H below. “Taxable Public Property” means in any Fiscal Year after the First Bond Sale, any Parcel of Public Property that satisfies all three of the following conditions: (i) the Parcel had not been Public Property on the date of the First Bond Sale; (ii) based on reference to Attachments 1 and 2, the Parcel was not anticipated to be Public Property as determined by the Administrator; and (iii) if the Parcel were to be exempt from the Special Tax because it is Public Property, the Maximum Annual Facilities Special Tax Revenues would be reduced to a point at which Required Coverage could not be maintained.
“Taxable Welfare Exemption Property” means in any Fiscal Year after the First Bond Sale, any Parcel of Welfare Exemption Property that satisfies all three of the following conditions: (i) the Parcel had not been Welfare Exemption Property on the date of issuance of the First Bond Sale; (ii) based on reference to Attachments 1 and 2, the Parcel was not anticipated to be Welfare Exemption Property based on the Expected Land Uses, as determined by the Administrator; and (iii) if the Parcel were to be exempt from the Special Tax because it has become Welfare Exemption Property, the Maximum Annual Facilities Special Tax Revenues would be reduced to a point at which Required Coverage could not be maintained. “Tentative Map” means a tentative map or substantial conformance exhibit for property in the CFD, including any adjustments or amendments thereto.
“Tivoli Specific Plan” means the specific plan for development within the Tivoli project that was originally adopted by the City Council on February 26, 2008, further updated on September 27, 2016, and as may be amended from time to time.
“Transition Event” shall be deemed to have occurred when the Administrator determines that the following events have occurred: (i) all Bonds secured by the levy and collection of Facilities Special Taxes in the CFD have been fully repaid; (ii) all Administrative Expenses from prior Fiscal Years have been paid or reimbursed to the City; and (iii) there are no other Authorized Facilities that the City intends to fund with Bonds or Facilities Special Taxes. “Transition Year” means the first Fiscal Year in which the Administrator determines that the Transition Event occurred in the prior Fiscal Year.
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Tivoli CFD No. 2024-1, IA No. 1 8 May 31, 2024
“Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property that are not Developed Property, Taxable Owners Association Property, Taxable Public Property, or Taxable Welfare Exemption Property as defined herein.
“Very Low Density Residential Property” means all Parcels of Taxable Property that are developed or expected to be developed as large lot, rural-oriented estate homes with an average density range of 1 to 3 dwelling units per acre. Such Parcels are identified by a VLDR designation in the Land Use Diagram.
“Welfare Exemption Property” means, in any Fiscal Year, any Parcels in Improvement Area No. 1 that have received a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code and for which such welfare exemption is still in place.
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 Improvement Area No. 1. The Administrator shall also: (i) assign each Parcel of Taxable Property to the appropriate Development Class; (ii) categorize each Parcel of Residential Property into the appropriate Density Category; (iii) determine the Net Taxable Acreage of each Parcel; (iv) determine the Annual Facilities Special Tax Requirement and Annual Maintenance Special Tax Requirement, and (v) determine whether the Transition Event has occurred in a prior Fiscal Year.
In any Fiscal Year, if it is determined that: (i) a Subdivision Map for property in Improvement Area No. 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 Subdivision Map was recorded, the Assessor does not yet recognize the new Parcels created by the Subdivision Map, and (iii) one or more of the newly-created Parcels is in a different Development Class than other Parcels created by the subdivision, the Administrator shall calculate the Special Taxes for the property affected by recordation of the Subdivision Map by determining the Special Taxes that apply separately to the property within each Development Class, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the Subdivision Map.
C. MAXIMUM SPECIAL TAXES
The Administrator shall use the procedures set forth below to calculate the Maximum Special Taxes for each Parcel in Improvement Area No. 1 in each Fiscal Year. The Per-Acre Special Taxes set forth in Table 1 and Table 2 below shall be used for purposes of Sections C.1 and C.2 below:
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Tivoli CFD No. 2024-1, IA No. 1 9 May 31, 2024
Table 1
Per-Acre Special Taxes Prior to the Transition Year
Fiscal Year 2024-25 *
Land Use Class
Per-Acre Special Tax:
One-Time
Facilities Special Tax
Per-Acre Special Tax:
Annual Facilities
Special Tax
Per-Acre Special Tax:
Annual Maintenance
Special Tax
Very Low Density
Residential Property
$100,000 per
Net Taxable Acre
$5,724 per
Net Taxable Acre
$5,166 per
Net Taxable Acre
Low Density
Residential Property
$100,000 per
Net Taxable Acre
$10,260 per
Net Taxable Acre
$5,166 per
Net Taxable Acre
Medium Density
Residential Property
$100,000 per
Net Taxable Acre
$13,725 per
Net Taxable Acre
$5,166 per
Net Taxable Acre
Medium High Density
Residential Property
$100,000 per
Net Taxable Acre
$13,087 per
Net Taxable Acre
$5,166 per
Net Taxable Acre
Non-Residential
Property
$100,000 per
Net Taxable Acre
$7,375 per
Net Taxable Acre
$5,166 per
Net Taxable Acre
* All Per-Acre Special Taxes shown in Table 1 are subject to the annual adjustments described in Section D below.
Table 2
Per-Acre Special Taxes In and After the Transition Year Fiscal Year 2024-25 *
Land Use Class
Per-Acre Special Tax:
One-Time
Facilities Special Tax
Per-Acre Special Tax:
Annual Facilities
Special Tax
Per-Acre Special Tax:
Annual Maintenance
Special Tax
Very Low Density
Residential Property
$100,000 per
Net Taxable Acre
$0 per
Net Taxable Acre
$6,597 per
Net Taxable Acre
Low Density
Residential Property
$100,000 per
Net Taxable Acre
$0 per
Net Taxable Acre
$7,731 per
Net Taxable Acre
Medium Density
Residential Property
$100,000 per
Net Taxable Acre
$0 per
Net Taxable Acre
$8,597 per
Net Taxable Acre
Medium High Density
Residential Property
$100,000 per
Net Taxable Acre
$0 per
Net Taxable Acre
$8,438 per
Net Taxable Acre
Non-Residential
Property
$100,000 per
Net Taxable Acre
$0 per
Net Taxable Acre
$7,010 per
Net Taxable Acre
* All Per-Acre Special Taxes shown in Table 2 are subject to the annual adjustments described in Section D below.
1. Original Parcels
The Maximum Special Taxes prior to the Transition Year for each Land Use Class expected on the Original Parcels as of CFD Formation are identified in Attachment 2, which will be updated by the Administrator as needed to reflect Original Parcels added to Improvement Area No. 1 due to 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 based on reference to Table 1 and Table 2 above. Upon approval of such a change in zoning by the City Council, the Administrator shall multiply the applicable Per-Acre Special Taxes by the Net Taxable #20..
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Tivoli CFD No. 2024-1, IA No. 1 10 May 31, 2024
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 SFD Lots
If all Parcels created by a recorded Subdivision Map are SFD 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 sum of the Maximum Special Taxes assigned to each Expected Land Use for the Original Parcel, or (ii) the sum of the Net Taxable Acreage of each Density Category within the Subdivision Map multiplied by the Per-Acre Special Taxes for each Density Category.
Step 2. Separately for each Density Category 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 SFD Lot. b. No Successor Parcels are SFD Lots
If none of the Successor Parcels created by recordation of a Subdivision Map are SFD Lots, the Administrator shall apply the following steps to 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:
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Tivoli CFD No. 2024-1, IA No. 1 11 May 31, 2024
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 (preTransition Year) and Table 2 (in and after Transition Year) 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 Tax Category, the Maximum Special Tax assigned to the Original Parcel shall either be distributed equally on a per-acre 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 peracre tax for each Land Use Class has the same proportional relationship as the Per-Acre Special Taxes in Table 1 and Table 2 above.
c. Some, But Not All, Successor Parcels are SFD Lots
If a Subdivision Map divides an Original Parcel into Successor Parcels, of which some are SFD Lots and some are not, the Administrator shall (i) break out the aggregate Net Taxable Acreage of all SFD Lots separately from the Net Taxable Acreage of other Land Use Classes, (ii) for the aggregate Net Taxable Acreage of the SFD Lots, apply the steps in Section C.2a to determine the Maximum Special Taxes for each SFD Lot, and (iii) apply the steps in Section C.2b above to determine the Maximum Special Taxes for the other Land Use Classes on the Parcel.
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 #20..
- 1100 -
Tivoli CFD No. 2024-1, IA No. 1 12 May 31, 2024
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. CHANGES TO THE MAXIMUM SPECIAL TAXES
1. Escalation of Special Taxes
1a. One-Time Special Tax
On July 1, 2025 and on each July 1 thereafter, the Maximum One-Time Facilities Special Tax assigned to each Parcel and the Per-Acre Special Tax shown in Table 1 and Table 2 above shall be adjusted annually by the Escalation Factor. 1b. Annual Facilities Special Tax
On July 1, 2025 and on each July 1 thereafter, the Maximum Annual Facilities Special Tax assigned to each Parcel and the Per-Acre Special Tax shown in Table 1 and Table 2 above shall be increased by two percent (2%) of the amount in effect in the prior Fiscal Year.
1c. Annual Maintenance Special Tax
On July 1, 2025 and on each July 1 thereafter, the Maximum Annual Maintenance Special Tax assigned to each Parcel and the Per-Acre Special Tax shown in Table 1 and Table 2 above shall be adjusted annually by the Escalation Factor. Each annual adjustment of the Maximum Annual Maintenance Special Tax shall become effective on the subsequent July 1.
2. Partial Prepayment of Maximum Annual Facilities Special Tax If a Parcel makes a partial prepayment of the Annual Facilities Special Tax pursuant to Section I below, the Administrator shall recalculate the Maximum Annual Facilities Special Tax for the Parcel pursuant to Section I. In addition, the Administrator shall update Attachment 2 to reflect the prepayment and the revised Maximum Annual Facilities Special Tax Revenues for Improvement Area No. 1. Such updates shall be maintained internally by the Administrator and shall not require recordation of an amended RMA. After the prepayment has been received, the application of Sections F and I of this RMA shall be based on the adjusted Expected Maximum Annual Facilities Special Tax Revenues after the prepayment.
3. Conversion of a Parcel of Public Property to Private Use If, in any Fiscal Year, a Parcel of Public Property is converted to private use, such Parcel shall be subject to the levy of the Special Taxes, and the Administrator shall determine the appropriate Maximum Special Taxes for the Parcel based on the Net Taxable Acreage of the Parcel. #20..
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Tivoli CFD No. 2024-1, IA No. 1 13 May 31, 2024
E. ANNEXATIONS
If, in any Fiscal Year, a property owner within the Future Annexation Area wants to annex property into Improvement Area No. 1, the Administrator shall apply the following steps as part of the annexation proceedings:
Step 1. Working with City staff and the landowner, the Administrator shall determine the Land Use Classes that are expected within the area to be annexed.
Step 2. The Administrator shall prepare and keep on file an updated Attachment 2 that identifies the Assessor’s Parcel Number(s), Expected Land Use, Expected Net Taxable Acreage, One-Time Facilities Special Tax, Maximum Annual Facilities Special Tax, and Maximum Annual Maintenance Special Tax for the annexed property.
Step 3. The Administrator shall prepare and keep on file an updated Attachment 3 that adds the Assessor’s Parcel(s) in the annexed area to the Original Parcels in Improvement Area No. 1.
Step 4. The Administrator shall ensure that a Notice of Special Tax Lien is recorded against all Parcels that are annexed to Improvement Area No. 1.
Step 5. The Administrator shall recalculate the Public Facilities Requirement used in the prepayment calculation in Section I below to include the estimated net proceeds that can be generated to fund Authorized Facilities based on the Maximum Annual Facilities Special Tax capacity from the annexed area. The adjusted Public Facilities Requirement shall be calculated by (i) dividing the increased Maximum Annual Facilities Special Tax Revenues that can be collected after the annexation by the Maximum Annual Facilities Special Tax Revenues that were in place prior to the annexation, and (ii) multiplying the quotient by the Public Facilities Requirement that was in place prior to the annexation.
F. METHOD OF LEVY OF THE SPECIAL TAXES
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 Improvement Area No. 1 and shall be collected as set forth in Section G below.
2. Annual Facilities Special Tax
Each Fiscal Year until the Transition Year, the Administrator shall determine the Annual Facilities Special Tax Requirement for the Fiscal Year and levy the Annual Facilities Special Tax on all Parcels of Taxable Property as follows:
Step 1: The Annual Facilities Special Tax shall be levied Proportionately on each Parcel of Developed Property within Improvement Area No. 1 up to 100% of #20..
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Tivoli CFD No. 2024-1, IA No. 1 14 May 31, 2024
the Maximum Annual Facilities Special Tax for each Parcel for such Fiscal Year until the amount levied on Developed Property is equal to the Annual Facilities Special Tax Requirement prior to applying any Capitalized Interest that is available in the CFD accounts.
Step 2: If additional revenue is needed after Step 1, the Annual Facilities Special Tax shall be levied Proportionately on each Parcel of Taxable Welfare Exemption Property up to 100% of the Maximum Annual Facilities Special Tax for each Parcel of Taxable Welfare Exemption Property for such Fiscal Year until the amount levied is equal to the Annual Facilities Special Tax Requirement.
Step 3: If additional revenue is needed after Step 2, the Annual Facilities Special Tax shall be levied Proportionately on each Parcel of Taxable Owners Association Property up to 100% of the Maximum Annual Facilities Special Tax for each Parcel of Taxable Owners Association Property until the amount levied is equal to the Annual Facilities Special Tax Requirement.
Step 4: If additional revenue is needed after Step 3, the Annual Facilities Special Tax shall be levied Proportionately on each Parcel of Taxable Public Property up to 100% of the Maximum Annual Facilities Special Tax for each Parcel of Taxable Public Property until the amount levied is equal to the Annual Facilities Special Tax Requirement.
No Annual Facilities Special Tax shall be levied in any Fiscal Year on Parcels of Undeveloped Property.
3. Annual Maintenance Special Tax
Each Fiscal Year, the Administrator shall determine the Annual Maintenance Special Tax Requirement for the Fiscal Year and levy the Annual Maintenance Special Tax on Parcels of Taxable Property as follows:
Step 1: The Annual Maintenance Special Tax shall be levied Proportionately on each Parcel of Developed Property within Improvement Area No. 1 up to 100% of the Maximum Annual Maintenance Special Tax for each Parcel for such Fiscal Year until the amount levied on Developed Property is equal to the Annual Maintenance Special Tax Requirement.
Step 2: If additional revenue is needed after Step 1, the Annual Maintenance Special Tax shall be levied Proportionately on each Parcel of Taxable Welfare Exemption Property up to 100% of the Maximum Annual Maintenance Special Tax for each Parcel of Taxable Welfare Exemption Property for such Fiscal Year until the amount levied is equal to the Annual Maintenance Special Tax Requirement.
Step 3: If additional revenue is needed after Step 2 the Annual Maintenance Special Tax shall be levied Proportionately on each Parcel of Taxable Owners Association Property up to 100% of the Maximum Annual Maintenance #20..
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Tivoli CFD No. 2024-1, IA No. 1 15 May 31, 2024
Special Tax for each Parcel of Taxable Owners Association Property until the amount levied is equal to the Annual Maintenance Special Tax Requirement.
Step 4: If additional revenue is needed after Step 3, the Annual Maintenance Special Tax shall be levied Proportionately on each Parcel of Taxable Public Property up to 100% of the Maximum Annual Maintenance Special Tax for each Parcel of Taxable Public Property until the amount levied is equal to the Annual Maintenance Special Tax Requirement.
No Annual Maintenance Special Tax shall be levied in any Fiscal Year on Parcels of Undeveloped Property.
G. MANNER OF COLLECTION OF SPECIAL TAXES
The Maximum One-Time Facilities Special Tax shall be collected prior to a Certificate of Occupancy being issued for any residential or non-residential structure on Taxable Property within Improvement Area No. 1 and shall be immediately delinquent if not so paid.
The Annual Facilities Special Tax and Annual Maintenance Special Tax 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 I below and provided further that the City may directly bill, collect at a different time or in a different manner, and/or 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 Annual Facilities Special Taxes be levied after Fiscal Year 2074-75. The Annual Maintenance Special Tax shall be levied in perpetuity unless and until the City determines that the Annual Maintenance Special Tax is no longer needed to pay for Authorized Services. Under no circumstances may the Annual Facilities Special Tax on a Parcel of Developed Property in residential use be increased in any Fiscal Year as a consequence of delinquency or default in payment of the Annual Facilities Special Tax levied on another Parcel or Parcels by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults.
H. EXEMPTIONS
Notwithstanding any other provision of this RMA, no One-Facilities Special Tax or Annual Facilities Special Tax shall be levied in any Fiscal Year on the following: (i) Public Property, except Taxable Public Property, (ii) Owners Association Property, except Taxable Owners Association Property, (iii) Welfare Exemption Property, except Taxable Welfare Exemption Property, and (iv) Parcels of Undeveloped Property. In addition, no Annual Facilities Special Tax shall be levied on (i) Parcels that are owned by a public utility for an unmanned facility, and (ii) Parcels that are subject to an easement that precludes any other use on the Parcel. #20..
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Tivoli CFD No. 2024-1, IA No. 1 16 May 31, 2024
No Annual Maintenance Special Tax shall be levied on the following: (i) Public Property, including Taxable Public Property, (ii) Owners Association Property, including Taxable Owners Association Property, and (iii) Welfare Exemption Property, including Taxable Welfare Exemption Property.
I. PARTIAL PREPAYMENT OF THE ANNUAL FACILITIES SPECIAL TAX The following definitions apply to this Section I:
“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 prior to the date of prepayment.
“Public Facilities Requirement” means either $7.3 million in 2024 dollars, which shall increase on January 1, 2025, and on each January 1 thereafter by two percent (2%) of the amount in effect in the prior year, or such other number as shall be determined by the City as sufficient to fund improvements that are authorized to be funded by the CFD. The Public Facilities Requirements shown above will be adjusted each time there is an annexation of property into Improvement Area No. 1.
“Remaining Facilities Costs” means the Public Facilities Requirement minus public facility costs funded by Previously Issued Bonds, developer equity, and any other source of funding.
A property owner may prepay up to 75% of the Annual Facilities Special Tax obligation applicable to a Parcel, thereby reducing the Maximum Annual Facilities Special Tax applicable to the Parcel, provided that a prepayment may be made only if (i) there are no delinquent Special Taxes with respect to such Parcel at the time of prepayment, and (ii) there has not in any prior Fiscal Year been a partial prepayment of the Annual Facilities Special Tax assigned to the Parcel. The Annual Maintenance Special Tax may not be prepaid. An owner of an Assessor’s Parcel intending to prepay a portion of 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):
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Tivoli CFD No. 2024-1, IA No. 1 17 May 31, 2024
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 amount that could be collected from the 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 current Maximum Annual Facilities Special Tax Revenues.
Step 3. Multiply the quotient computed in Step 2 by the percentage of the Maximum Annual Facilities Special Tax that the property owner wants to prepay, which percentage shall not exceed 75%.
Step 4. Multiply the quotient computed pursuant to Step 3 by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the “Bond Redemption Amount”).
Step 5. Compute the current Remaining Facilities Costs (if any).
Step 6. Multiply the quotient computed pursuant to Step 3 by the amount determined pursuant to Step 5 to compute the amount of Remaining Facilities Costs to be prepaid (the “Remaining Facilities Amount”).
Step 7. Multiply the Bond Redemption Amount computed pursuant to Step 4 by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).
Step 8. Compute the amount needed to pay interest on the Bond Redemption Amount starting with the first Bond interest payment date after which the prepayment will be received until the earliest redemption date for the Outstanding Bonds. However, if Bonds are callable at the first interest payment date after the prepayment has been received, Steps 8, 9, and 10 of this prepayment formula will not apply.
Step 9: 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.
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Tivoli CFD No. 2024-1, IA No. 1 18 May 31, 2024
Step 10: Subtract the amount computed pursuant to Step 9 from the amount computed pursuant to Step 8 (the “Defeasance Requirement”).
Step 11. The administrative fees and expenses associated with the prepayment will be determined by the Administrator and include the costs of computing the prepayment, redeeming Bonds, and recording any notices to evidence the prepayment and the redemption (the “Administrative Fees and Expenses”).
Step 12. If and to the extent so provided in the Bond Indenture, 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 13. The Facilities Special Tax prepayment is equal to the sum of the amounts computed pursuant to Steps 4, 6, 7, 10, and 11, less the amount computed pursuant to Step 12 (the “Prepayment Amount”).
Step 14. From the Prepayment Amount, the amounts computed pursuant to Steps 4, 7, and 10 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to Step 6 shall be deposited into the Improvement Fund. The amount computed pursuant to Step 11 shall be retained in the account or fund that is established to pay Administrative Expenses.
Once a partial prepayment has been received, an Amendment to Notice of Facilities Special Tax Lien shall be recorded against the Parcel to reflect the reduced Facilities Special Tax lien for the Parcel, which shall be equal to the portion of the Maximum Annual Facilities Special Tax that was not prepaid, and the Administrator shall update Attachment 2 to show the revised Expected Maximum Annual Facilities Special Tax Revenues. However, an Amendment to Notice of Facilities Special Tax Lien shall not be recorded until all Special Taxes levied on the Parcel in the current or prior Fiscal Years have been collected.
If an owner that has partially 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 partial prepayment for the Parcel.
Notwithstanding the foregoing, if at any point in time the Administrator determines that the Maximum Annual Facilities Special Tax Revenue that can be collected from Taxable Property that remains subject to the Annual Facilities Special Tax after the proposed prepayment is less than the Required Coverage on Bonds that will remain outstanding after defeasance or redemption of Bonds from proceeds of the estimated prepayment, the amount of the prepayment shall be increased until the amount of Bonds defeased or redeemed is sufficient to reduce remaining annual debt service to a point at which Required Coverage is maintained. #20..
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Tivoli CFD No. 2024-1, IA No. 1 19 May 31, 2024
J. 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 rates or method of apportioning 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 RMA.
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ATTACHMENT 1
IMPROVEMENT AREA NO. 1 OF THE
CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(TIVOLI)
Tivoli Specific Plan
Land Use Diagram
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ATTACHMENT 2
IMPROVEMENT AREA NO. 1 OF THE
CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(TIVOLI)
Maximum Special Taxes Assigned to Expected Land Uses
Within Each Original Parcel
Prior to the Transition Year
Event
Adding
Parcel
to CFD
Assessor’s
Parcel
Number
Expected
Land Use /1
Expected
Net Taxable
Acreage
Maximum
One-Time
Facilities
Special Tax
(FY 2024-25) /2
Maximum
Annual
Facilities
Special Tax
(FY 2024-25) /2
Maximum
Annual
Maintenance
Special Tax
(FY 2024-25) /2
CFD
Formation 083-004-059-000 MDR 4.50 $450,000 $61,761 $23,247 CFD
Formation 083-004-060-000 MDR 4.78 $478,000 $65,604 $24,693 CFD
Formation 083-004-068-000 LDR 35.89 $3,589,000 $368,244 $185,408
1. VLDR = Very Low Density Residential, LDR = Low Density Residential, MDR = Medium Density Residential, MHDR = Medium High Density Residential, and NR = Non-Residential
2. The Maximum Special Taxes set forth above shall be adjusted pursuant to Section D of the RMA.
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ATTACHMENT 3
IMPROVEMENT AREA NO. 1 OF THE
CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(TIVOLI)
Original Parcels in Improvement Area No. 1
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2 083-004-059-000
3 083-004-060-0004 083-004-068-000
1 083-003-017-0005 083-004-076-0006 083-004-083-0007 083-004-088-0008 083-003-003-0009 083-003-014-000 10 083-003-015-00011 083-003-016-00012 083-004-008-00013 083-004-013-00014 083-004-023-00015 083-004-043-00016 083-004-044-00017 083-004-047-00018 083-004-048-00019 083-004-050-00020 083-004-057-00021 083-004-058-00022 083-004-063-00023 083-004-064-00024 083-004-070-00025 083-004-071-00026 083-004-072-00027 083-004-073-00028 083-004-078-00029 083-004-079-00030 083-004-085-00031 083-004-086-00032 083-004-087-00033 083-005-016-000 #20..
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9/24/24
CERTIFICATE OF CITY CLERK
AS TO RESULTS OF THE CANVAS OF ELECTION RETURNS
STATE OF CALIFORNIA )
) ss.
COUNTY OF STANISLAUS )
As City Clerk of the City of Modesto, I do hereby certify that I have examined the returns of the special election for City of Modesto Community Facilities District No. 2024-1 (Tivoli) (the “Community Facilities District”). With my concurrence, the election was conducted on September 24, 2024. On or prior to said date I had mailed or personally delivered, or caused to be mailed or personally delivered, a ballot to the landowner listed on the latest equalized assessment roll prepared by the Stanislaus County Assessor prior to September 24, 2024 or otherwise known by me to own the property within the boundaries of Improvement Area No. 1 of the Community Facilities District. The landowner was given one vote for each acre, or portion thereof, that the landowner owns within Improvement Area No. 1 of the Community Facilities District.
I further certify that the results of said election and the number of votes cast for and against the Proposition are as follows:
YES:____________
NO: ____________
TOTAL NUMBER OF VOTES CAST:________
Dated this 24th day of September, 2024.
____________________________________
Diane Nayares-Perez,
City Clerk of the City of Modesto
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8/9/24
202443417.1
CONCURRENCE ON HOLDING SPECIAL ELECTION LESS THAN 125
DAYS FOLLOWING PUBLIC HEARING
As the elections official of the special election (the “Election”) called for by the Resolution of the City of Modesto, acting as the Legislative Body of the City of Modesto Community Facilities District No. 2024-1 (Tivoli) (the “District”), Calling a Special Election Related to the Special Tax, Bond and Appropriations Limit for said District, I hereby concur on holding the Election less than 125 days following the holding of the public hearing related thereto.
Dated: September 24, 2024
By:
Diane Nayares-Perez, City Clerk
City of Modesto, California
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
September 24, 2024
Date: August 12, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Program Year 2023-2024 Consolidated Annual Performance Evaluation Report CONTACT: Maribel McCarroll, Senior Community Development Specialist, [email protected], 209-577-5310
DESCRIPTION:
Hearing to consider approving the City of Modesto’s Consolidated Annual Performance Evaluation Report for Program Year 2023-2024. (Funding Sources: Various Funds) STRATEGIC PLAN ELEMENT:
The recommended action supports the City’s 2020-2025 Strategic Plan, Goal C: Develop a Homelessness and Housing Plan.
BACKGROUND:
The Department of Housing and Urban Development (HUD) requires entitlement grantees to report to both its citizens and HUD on the accomplishments and progress towards the consolidated plan goals and affirm that funds are being prioritized to benefit low-to moderateincome individuals. The consolidated plan goals are carried out through Annual Action Plans (AAP), which provide a concise summary of the actions, activities, and specific federal and nonfederal resources that are being utilized each year to address the priority needs and specific goals identified in the consolidated plan.
The objective of the Community Development Block Grant (CDBG) Entitlement Program is to develop viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities, principally for low- and moderateincome persons by supporting activities such as public facilities improvements, social services, affordable housing, fair housing, economic development and addressing homelessness.
The HOME program supports a wide range of activities including building, buying, and/or rehabilitating affordable housing for rent or homeownership or providing direct rental assistance to low-income individuals.
The Emergency Solutions Grant (ESG) program provides funding for a variety of services including but not limited to engaging individuals and families experiencing homelessness through street outreach, emergency shelters, homeless prevention, and rapid rehousing #21..
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City Council, September 24, 2024
Program Year 2023-2024 Consolidated Annual Performance Evaluation Report
activities with the goal of assisting people to quickly regain stability in permanent housing after experiencing a housing crisis and/or homelessness.
To be eligible for funding awards, HUD requires the City to develop and adopt a Consolidated Plan every five years. The Consolidated Plan analyzes the City’s housing and community development needs, with priority on serving low- and moderate-income individuals, households, and neighborhoods (as defined by HUD), and establishes a five (5)-year strategy outlining how the City will utilize CDBG, HOME and ESG funding for meeting the needs identified.
As a component of the five-year Consolidated Plan, the City must annually prepare and adopt an Annual Action Plan outlining the projects to be carried out for each Program Year within the five-year period. The AAP for program year 2023-2024 was approved by Council on May 9, 2023, by Resolution 2023-224. The plan represents the fourth plan of the City of Modesto’s 2020-2024 Consolidated Plan.
In addition to the standard Entitlement funding on August 22, 2022, HUD awarded the City of Modesto reallocated in Emergency Solutions Grant - Coronavirus (ESG-CV) funds in the $632,829.55. This funding was programmed by 2019-2020 AAP Amendment #5 approved by City Council on May 9, 2023, by Resolution 2023-227.
At the conclusion of each program year, the City is required to prepare a Consolidated Annual Performance Evaluation Report (CAPER) detailing how the City utilized its HUD funds during a particular program year, the progress of each project identified in the AAP, and how the projects aligned with both the AAP and Consolidated Plan.
DISCUSSION:
The CAPER must be submitted to HUD no later than 90 days after the completion of the Program Year; therefore, the CAPER is due to HUD no later than September 28, 2024.
Before submitting the performance reports to HUD, pursuant to 24 CFR 91.1151 the City must provide notice to citizens and make the full performance report, CAPER, available for citizen comment for a period not less than 15 days. The full CAPER report was made available for public review on September 8, 2024, starting the public comment period and closes with a public hearing before Council scheduled September 24, 2024.
As an Entitlement Community, the City of Modesto is awarded HUD funds every year for CDBG, ESG and HOME programs. For the program year 2023-2024, the City of Modesto was awarded $1,784,411 in CDBG funds, $161,451 in ESG funds and $929,656 in HOME funds. The City was also awarded one-time grants to prepare, prevent, and respond to COVID-19 through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The City received $2,385,772 in Community Development Block Grant -Coronavirus (CDBG-CV) and $3,928,372 in ESG-CV.
The 2023-2024 CAPER will report both entitlement and CARES Act funding accomplishments that have been carried out through the 2023-2024 program year.
Below is a list of some accomplishments that took place during Program Year 2023 identified in the CAPER:
1 https://www.ecfr.gov/current/title-24/subtitle-A/part-91/subpart-B/section-91.115 #21..
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City Council, September 24, 2024
Program Year 2023-2024 Consolidated Annual Performance Evaluation Report
Public Facilities – CDBG
The City completed a renovation of Ralston Tower Park. This park is a cornerstone of a busy intersection, a visual landmark for all residents of Modesto. After engaging the public and surrounding neighborhoods, it was determined that renovating the park to include active lifestyles, inclusion, accessibility, and safety was needed. Ralston Tower Park is located directly adjacent to the Ralston Tower senior living and within a safe traveling distance for other senior community apartments, presenting a prime and safe opportunity for promoting active lifestyle for seniors as well as open to all members of the public. Amenities include a walking path, seating that includes benches along the walking path with consideration to views, group activities spaces, senior exercise equipment, and park security.
Affordable Housing - Owner Occupied Housing Rehabilitation – CDBG A total of $211,247 was distributed in loans and grants through the City's Homeowner Rehabilitation Program. A total of eight (8) eligible households were served through this program. The City assisted eligible households with health and safety repairs including, but not limited to installation of energy efficient windows, energy efficient HVAC systems, re-roof, American’s with Disability Act (ADA) bathroom improvements, electrical repairs, and ADA ramps.
Public Services Program- CDBG
Every year, the City provides funding opportunities as part of a competitive grant application process to local non-profits for new or expanded services to the low-income community. A total of 540 individuals were assisted with CDBG funds by six (6) non-profit subrecipients and 1,262 individuals were assisted with ESG funds by four (4) non-profit homeless service providers. The following are highlights of some CDBG Public service and ESG service provider partners:
Project Sentinel – Fair Housing and Tenant/Landlord Mediation – CDBG: Project Sentinel opened a total of 21 fair housing investigation cases that comprised of 206 unduplicated individuals served during the program year. Complaint cases investigated included cases related to disability discrimination, race/national origin, family composition, and sex discrimination. Project Sentinel also served individuals with fair housing and tenant/landlord mediation services, one-on-one counseling and group workshops for housing providers, consumers and social service agencies to educate them about fair housing laws.
Children’s Crisis Center – CBDG: The Children’s Crisis Center of Stanislaus County is dedicated to serving the needs of high-risk children impacted by family crisis. The immediate goal is to reach children at-risk and intervene with protective childcare and shelter before they are harmed. The Children’s Crisis Center continues to operate as the only organization in our region to offer child abuse prevention and intervention services to children in our community; Children’s Crisis Center served 343 individuals representing one hundred eight 108 families.
Affordable Housing Acquisition – CDBG
The City recognizes that to serve the most vulnerable in the community, the housing need must be met. The City is exploring projects that will create innovative affordable housing solutions.
The City partnered with Visionary Home Builders to acquire property for a 7th street village. This developer/owner will be in the planning and development phase for 79 units of mixed-use affordable housing. This transit friendly complex will serve as a downtown neighborhood hub #21..
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City Council, September 24, 2024
Program Year 2023-2024 Consolidated Annual Performance Evaluation Report
that will host a Head Start program and other commercial shops on the first floor.
CARES Act Funded Programs
In response to the Global Pandemic, the City of Modesto focused on providing economic support through various partners to serve the most vulnerable in the community. Some accomplishment highlights that took place during Program Year 2023-2024 include:
CAMP2HOME – ESG
Through a community-wide visioning and planning process, the City of Modesto has continued the CAMP2HOME initiative. Our priorities have been to focus on the developed approach to our comprehensive homelessness action plan that reduces encampments in public spaces, ensures the provision of supportive services, and identifies strategies for permanent housing through the following program components:
Street Outreach: Through the street outreach component, the Community Health and Assistance Team (CHAT), formerly known as the HEART team, has continued to engage and build relationships with unsheltered individuals and provide immediate support, intervention, and connections with mainstream social services, shelters, and housing programs. CHAT works closely with sworn police officers to respond to nonviolent calls. This alternative response allows sworn officers to focus more on higher priority calls. During the program year 2023-2024, the CHAT Team provided outreach to a total of 2,313 individuals and 1,980 of those contacts with individuals experiencing unsheltered homelessness accepted services.
Emergency Shelter: Emergency shelter was prioritized within the Camp2Home initiative to create a pipeline for unsheltered individuals to connect to shelter services. The City has provided funding to support and bolster operations of the community’s largest shelter, which also includes a low barrier shelter wing. During the program year of 2023- 2024 the shelter served 876 individuals.
o Salvation Army Day Center and Shelter Operations– ESG/ECG-CV: During the program year 2023-2024, both programs have increasingly seen more and more shelter guests since the end of the COVID-19 pandemic and the heat of the summer. Case managers work with participants to assist with moving into permanent housing and accessing services to help move them forward and out of shelter. The Day center has served 1,180 individuals during the program year.
The Day Center provides individuals with drop-in services including meals, job training, showers, and laundry services.
Job Training: Job training is a key component of the Camp2Home program in helping individuals to secure permanent employment and permanent housing. The Downtown Streets Team (DST) program aims to end homelessness through workforce training, employment, and employer pipelines. DST’s goal is to end homelessness by restoring dignity and rebuilding the lives of unhoused men and women by helping team members activate skills and attributes that are necessary to move toward employment, housing, and a better quality of living. During the program year 2023-2024, 182 unduplicated individuals participated in this program.
Permanent Employment: Permanent and sustainable employment affords individuals dependent on others for daily survival, the ability to gain independence and control over their own lives. DST and Workforce Development have partnered to train Camp2Home participants for the job market. DST and Workforce Development create ongoing #21..
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City Council, September 24, 2024
Program Year 2023-2024 Consolidated Annual Performance Evaluation Report
relationships with local employers to ensure program participants fit the needs of each employer and skills necessary for the job. During the program year 2023-2024, a total of 32 unduplicated individuals obtained employment: Permanent employment was provided to 7 individuals and 25 obtained temporary/seasonal employment. Permanent Housing: Camp2Home considers that securing stable employment is a priority to ensure housing success. Therefore, as individuals graduate from the job training program and obtain gainful and sustainable employment, they are eligible for the next step in the process – housing. DST provides case management as part of the rapid rehousing assistance to help individuals connect to resources as well as help them secure housing and employment success. This includes providing and ensuring that households have access to resources related to income and healthcare benefits, and employment and community-based services so they can continue to make rent payments independently after rental assistance ends. During program year 2023-2024 a total of fifty-three (53) unduplicated individuals were permanently housed.
A copy of the draft CAPER is provided as Attachment 2.
FISCAL IMPACT:
There is no impact to General Fund. HUD requires the CAPER to be prepared to report on the use of CDBG, ESG, and HOME funds and was made available for public comment starting on September 8, 2024. Failure to submit this required report to HUD by September 28, 2024, could jeopardize the future funding the City receives each year from HUD.
COMMITTEE RECOMMENDATION:
This item was presented to the Citizen Housing and Community Development Committee on September 12, 2024, and was recommended to forward to Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the City of Modesto’s Consolidated Annual Performance Evaluation Report for Program Year 2023-2024 and authorizing the City Manager or his designee, to sign the required documents for submittal to the U.S. Department of Housing and Urban Development.
Approved by:
Jessica Hill, Director of Community
and Economic Development
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Draft Program Year 2023-2024 CAPER
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9/24/2024/CEDD/EGarcia/Item # 1 2024-xxx
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX
RESOLUTION APPROVING THE CITY OF MODESTO’S CONSOLIDATED
ANNUAL PERFORMANCE EVALUATION REPORT FOR PROGRAM YEAR
2023-2024 AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, TO SIGN THE REQUIRED DOCUMENTS FOR SUBMITTAL TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WHEREAS, each year, the City receives Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) funding from the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, as an Entitlement Community, the City of Modesto is awarded HUD funds every year for CDBG, ESG and HOME programs. For the program year 2023-2024, the City of Modesto was awarded $1,784,411 in CDBG funds, $161,451 in ESG funds and $929,656 in HOME funds; and
WHEREAS, the City was also awarded one-time grants to prepare, prevent, and respond to COVID-19 through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The City received $2,385,772 in Community Development Block Grant - Coronavirus (CDBG-CV) and $3,928,372 in ESG-CV; and
WHEREAS, the objective of the CDBG Program is to develop viable urban through decent housing and a suitable living environment, and by expanding economic opportunities, principally for low- and moderate-income persons by supporting activities such as public facilities improvements, social services, affordable housing, fair housing, economic development and addressing homelessness; and
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9/24/2024/CEDD/EGarcia/Item # 2 2024-xxx
WHEREAS, the HOME program supports a wide range of activities including building, buying, and/or rehabilitating affordable housing for rent or homeownership or providing direct rental assistance to low-income people; and WHEREAS, the ESG program provides funding for a variety of services including but not limited to engaging homeless individuals and families, emergency shelters, homeless prevention, and rapid rehousing activities; and WHEREAS, to be eligible for funding awards, HUD requires the City to develop and adopt a Consolidated Plan every five years that analyzes the City’s housing and community development needs, with priority on serving low- and moderate-income individuals, households, and neighborhoods (as defined by HUD), and establishes a 5-year strategy outlining how the City will utilize CDBG, HOME and ESG funding for meeting the needs identified; and
WHEREAS, as a component of the five-year Consolidated Plan, the City must annually prepare and adopt an Annual Action Plan outlining the projects to be carried out for each particular Program Year within the five-year period; and WHEREAS, at the conclusion of each program year, the City is required to prepare a Consolidated Annual Performance Evaluation Report (CAPER) detailing how the City spent its CDBG, HOME, and ESG funds during a particular program year, the progress of each project identified in the Annual Action Plan, and how the projects aligned with both the Annual Action Plan and Consolidated Plan; and
WHEREAS, the 2023-2024 CAPER will report both entitlement and CARES Act funding accomplishments that have been carried out through the 2023-2024 program year; and
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9/24/2024/CEDD/EGarcia/Item # 3 2024-xxx
WHEREAS, the CAPER must be submitted to HUD no later than 90 days after the completion of the Program Year, therefore the CAPER is due to HUD no later than September 28, 2023; and
WHEREAS, a notice informing the public of the availability of the Program Year 2023-2024 CAPER, and the start of the public comment period, was published in the Modesto Bee September 8, 2024; and
WHEREAS, the public review comment period will close on September 24, 2024; and
WHEREAS, a duly noticed public hearing was held by the City Council on September 24, 2024 at 5:30 p.m., in the Tenth Street Place Chambers, located at 1010 Tenth Street; and
WHEREAS, any comments received during the public review period or during the City Council meeting will be incorporated into the final CAPER.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the 2023-2024 Consolidated Annual Performance Evaluation Report for submittal to HUD.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to sign any required certifications and documents for submittal to the U.S.
Department of Housing and Urban Development.
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9/24/2024/CEDD/EGarcia/Item # 4 2024-xxx
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 24th day of September, 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
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1 Program Year 2023-2024
Consolidated Annual Performance and Evaluation Report
(CAPER)
Prepared By:
Community Economic Development Department
City Of Modesto CAPER Fiscal Year 2023-2024
Approved by Resolution No. 2024-xxx on September 24, 2024 #21..
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2 Contents
CR-05 - Goals and Outcomes .................................................................................................................... 3 CR-10 - Racial and Ethnic composition of families assisted....................................................................14 CR-15 - Resources and Investments 91.520(a) .......................................................................................16 CR-20 - Affordable Housing 91.520(b)....................................................................................................21 CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) ................................26 CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) ....................................................................................37 CR-40 - Monitoring 91.220 and 91.230...................................................................................................46 CR-60 - ESG 91.520(g) (ESG Recipients only) ..........................................................................................54 CR-65 - Persons Assisted.........................................................................................................................56 CR-70 – ESG 91.520(g) - Assistance Provided and Outcomes................................................................. 59 CR-75 – Expenditures..............................................................................................................................60 2023-2024 SAGE Reports........................................................................................................................64 2023-2024 PR-26 Financial Summary .....................................................................................................79 2023-2024 PR-83 Section 3.....................................................................................................................93 Citizen Participation................................................................................................................................97 Resolution 2024-xxx................................................................................................................................100 #21..
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3 CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan.
91.520(a)
This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
This Consolidated Annual Performance Evaluation Report (CAPER) provides accomplishment information and status updates of projects and activities funded with United States Department of Housing and Urban Development (HUD) funds from funding source programs such as Community Development Block Grant (CDBG) funds, Emergency Solutions Grant (ESG) funds, and HOME Investment Partnerships Program (HOME) funds for Program Year 2023-2024 (PY 23-24, Program Year). The projects and activities outlined within this PY 23-24 CAPER were administered and overseen by the City’s Community & Economic Development Department (CEDD).
This report represents the fourth annual performance report under the City of Modesto’s 2020- 2025 5-year Consolidated Plan. The PY 23-24 CAPER captures the expenditures, accomplishments and progress made with activities identified in the PY 2023-2024 (July 1, 2023 – June 30, 2024) Annual Action Plan. Specifically, the CAPER outlines the City of Modesto’s achievements in the areas of affordable housing, homeless services, and community development programs including public services and other activities.
The City of Modesto’s primary focus during PY 23-24 was to continue improving neighborhoods, partnerships with community organizations, to provide affordable housing opportunities, improve living conditions, and the provision of services for the homeless, including individuals with special needs. Goals contained in the City of Modesto Strategic Plan that the City of Modesto deemed relevant for the Consolidated Plan were also among the basis for assigning priorities. In addition to the City’s entitlement goals and accomplishments, during PY 23-24, the City also had to continue to prioritize the response to the global COVID-19 pandemic to ensure the City was meeting the needs of its most vulnerable citizens and address or prevent the spread of COVID-19.
Some accomplishment highlights that took place during PY 23-24 include:
Public Facilities – CDBG
Ralston Towers
The City completed a renovation of Ralston Tower Park. This park is a cornerstone of a busy intersection, a visual landmark for all residents of Modesto. After engaging the public and #21..
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4 surrounding neighborhoods, it was determined that renovating the park to include active lifestyles, inclusion, accessibility, and safety was needed. Ralston Tower Park is located directly adjacent to the Ralston Tower senior living and within a safe traveling distance for other senior community apartments, presenting a prime and safe opportunity for promoting active lifestyle for seniors as well as open to all members of the public. As the senior facility residents have also shared that their visitors take advantage of the park, this renovation ensures that it is inclusive and accessibility to the families, friends, and the senior facility residents. Due to safety being a major issue for our seniors, attention was given to ensure the location of amenities within the park met the needs of the local community. Amenities include a walking path, seating that includes benches along the walking path with consideration to views, group activities spaces, senior exercise equipment, and park security.
Affordable Housing - Owner Occupied Housing Rehabilitation – CDBG A total of $211,247 was distributed in loans and grants through the City's Homeowner Rehabilitation Program. A total of eight (8) eligible households were served through this program. The City assisted eligible households with health and safety repairs including, but not limited to installation of energy efficient windows, energy efficient HVAC systems, re-roof, ADA bathroom improvements, electrical repairs, and ADA ramps.
Public Services Program- CDBG
Every year, the City provides funding opportunities (via a competitive grant application process) to local non-profits for new or expanded services to the low-income community. A total of 540 individuals were assisted with CDBG funds by 6 non-profit subrecipients and 1262 individuals were assisted with ESG funds by 4 non-profit homeless service providers. The following are highlights of some CDBG Public service and ESG service provider partners:
Project Sentinel – Fair Housing and Tenant/Landlord Mediation – CDBG Project Sentinel opened a total of 21 fair housing investigation cases that comprised of 35 unduplicated individuals served during the program year. Complaint cases investigated included cases related to disability discrimination, race/national origin, family composition, and sex discrimination. Project Sentinel also served individuals with fair housing and tenant/landlord mediation services, one-on-one counseling and group workshops for housing providers, consumers, and social service agencies to educate them about fair housing laws.
Center for Human Services Pathways- CDBG
Center for Human Services (CHS) is a local non-profit organization, providing services in our organization since 1970. CHS provides prevention, intervention, counseling, and shelter services for runaway and youths experiencing homelessness in our community. As an extension of the #21..
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5 Youth Navigation Center, Pathways is a 15-bed transitional housing program that addresses the need for shelter and support services for homeless youth 18-24 years of age. Youth enter Pathways and develop a housing plan to begin to move towards permanent housing. Youth may stay at Pathways for up to 24 months, with the goal of exiting to permanent housing as soon as a housing option. During this period Pathways served 32 individuals with services.
Children’s Crisis Center – CBDG
The Children’s Crisis Center of Stanislaus County is dedicated to serving the needs of high-risk children impacted by family crisis. The immediate goal is to reach children at-risk and intervene with protective childcare and shelter before they are harmed. The Children’s Crisis Center continues to operate as the only organization in our region to offer child abuse prevention and intervention services to children in our community; and adheres to the tenets of our mission to aid local children and families through circumstances of crisis and overwhelming stress. During the program year 2023-2024, Children’s Crisis Center served 343 individuals representing 108 families served.
Affordable Housing Acquisition – CDBG
The City recognizes that in order to serve the most vulnerable in the community, the housing need must be met. The City is exploring projects that will create innovative affordable housing solutions. The City partnered with Visionary Home Builders to acquire property for a 7th street village. This developer/owner will is in the planning and development phase for 79 units of mixed-use affordable housing. This transit friendly complex will serve as a downtown neighborhood hub that will host a Head Start program and other commercial shops on the first floor.
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6 CARES Act Funded Programs
In response to the global pandemic, the City of Modesto focused on providing economic support through various partners to serve the most vulnerable in the community. Some accomplishment highlights that took place during Program Year 2023-2024 include:
CAMP2HOME – ESG
Through a community-wide visioning and planning process, the City of Modesto has continued the CAMP2HOME initiative. Our priorities have been to focus on the developed approach to our comprehensive homelessness action plan that reduces encampments in public spaces, ensures the provision of supportive services, and identifies strategies for permanent housing through the following program components:
Street Outreach: Through the street outreach component, the Community Health and Assistance Team (CHAT), formerly known as the HEART team, has continued to engage and build relationships with unsheltered individuals and provide immediate support, intervention, and connections with mainstream social services, shelters, and housing programs. CHAT works closely with sworn police officers to respond to non-violent calls. This alternative response allows sworn officers to focus more on higher priority calls. During the program year 2023- 2024, the CHAT Team made 2,309 outreach contacts to individuals experiencing homelessness.
CHAT also provided 1,976 services including 66 connections to vital documents, 288 linkages to case management services, and assistance with meeting 1,400 basic needs such as meals, showers, and peer support connections.
Emergency Shelter: Emergency shelter was prioritized within the Camp2Home initiative to create a pipeline for unsheltered individuals to connect to shelter services. The City has provided funding to support and bolster operations of the community’s largest shelter, which also includes a low barrier shelter wing. During the program year of 2023-2024 the shelter served 876 unduplicated individuals.
Salvation Army Day Center and Shelter Operations– ESG/ECG-CV: The Salvation Army has over 106 years of service as a leading nonprofit provider of housing and services for vulnerable people. In the United States, the Salvation Army serves individuals and families experiencing homelessness or at-risk of homelessness, with more than 40,000 shelters across the country.
Locally, the Salvation Army has operated the Berberian Transitional Housing Shelter as well as the Day Center at the corner of 9th and D Streets in Modesto since 2002. The Shelter and Day Center programs provide support services focused on housing and self-sufficiency. During the program year 2023-2024, the Salvation Army shelter program averaged a 98% utilization rate and sheltered 876 unduplicated individuals. Since it’s opening in November of 2023 the Day Center program has served 619 individuals with drop-in services including showers, laundry, #21..
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7 meals, and housing navigation services.
Job Training: Job training is a key component of the Camp2Home program in helping individuals to secure permanent employment and permanent housing. The Downtown Streets Team (DST) program aims to end homelessness through workforce training, employment, and employer pipelines.
DST’s goal is to end homelessness by restoring dignity and rebuilding the lives of unhoused men and women by helping team members activate skills and attributes that are necessary to move toward employment, housing, and a better quality of living. This is attained through things like maintaining a schedule, teamwork, accountability, self-confidence and more. Through a Structured Daily Activity (SDA) model, DST team members rebuild these essential functions as well as regain a sense of pride in, and stewardship of, their community. The goal is to gain valuable experience they can use to enhance their resume to overcome long work experience gaps. During the program year 2023-2024, 162 unduplicated individuals participated in this program.
Permanent Employment: Permanent and sustainable employment affords individuals dependent on others for daily survival, the ability to gain independence and control over their own lives. DST and Workforce Development have partnered to train Camp2Home participants for the job market. DST and Workforce Development create ongoing relationships with local employers to ensure program participants fit the needs of each employer and skills necessary for the job. Employers who partner with the City of Modesto to hire Camp2Home graduates will be considered a “fair chance employer.” In addition, after graduating from the program, participants will receive ongoing case management from the DST for one year. This ongoing case management further assists individuals that have developed a “survivor mode” living lifestyle and helps transition them to a thriving, forward-planning lifestyle. During the program year 2023-2024, a total of 32 unduplicated individuals obtained employment: 7 obtained permanent employment and 25 obtained temporary/seasonal employment.
Permanent Housing: Camp2Home considers that securing stable employment is a priority to ensure housing success. Therefore, as individuals graduate from the job training program and obtain gainful and sustainable employment, they are eligible for the next step in the process – rapid rehousing assistance.
DST provides case management as part of the rapid rehousing assistance to help individuals connect to resources that improve their safety and well-being, as well as achieve long-term housing and employment success. This includes providing and ensuring that households have access to resources related to income and healthcare benefits, and employment and community-based services so they can continue to make rent payments independently after #21..
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8 rental assistance ends. During program year 2023-2024 a total of 53 unduplicated individuals were permanently housed.
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9 Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
Goal Category/
Funding Source
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Improve Quality
and Increase
Affordable Housing
Affordable Housing
CDBG $1,490,792
HOME $83,905
Public Facility
or
Infrastructur
e Activities
for
Low/Modera
te Income
Housing
Benefit
Households
Assisted
47 59 125.53% 0 0 0%
Rental Units
Constructed
Household
Housing Units
117 82 70% 82 82 100%
Rental Units
Rehabilitated
Household
Housing Units
40 11 27.5% 0 1 200%
Homeowner
Housing
Rehabilitated
Household
Housing Units
90 79 87.8% 10 8 80%
Housing for
Homeless
Added
Household
Housing Units
103 111 107% 0 8 800%
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10 Goal Category/
Funding Source
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategi
c Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Working Towards
Ending
Homelessness
Homeless
CDBG $95,041
ESG $171,002
ESG-CV $640,151
Public
service
activities
other than
Low/Moder
ate Income
Housing
Benefit
Persons
Assisted
9400 23,028 244.97% 42 6417 15278.57
%
Access to Jobs,
Education, and
Other Services
Non-Housing Community
Development
CDBG $35,305
Public
service
activities
other than
Low/Moder
ate Income
Housing
Benefit
Persons
Assisted
650 3,445 530% 2,272 548 40.64%
Jobs
Created/Ret
ained
Jobs 5 47 940% 83 0 0%
Businesses
Assisted
Businesses
Assisted
28 45 160.71% 83 0 0%
Other Other 6250 1250 20% 1250 0 0%
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11 Goal Category/
Funding Source
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Enhance
Infrastructure and
Public Facilities
CDBG $332,352
Public
Facility or
Infrastructu
re Activities
for
Low/Moder
ate Income
Housing
Benefit
Persons
Assisted
6000 800 13.3% 4000 800 20%
Admin CDBG $708,442
HOME $75,424
ESG $12,109
ESG-CV $0.00
Table 1 - Accomplishments – Program Year & Strategic Plan to Date In April 2019 the City was awarded CARES Act funding as a direct entitlement community. Because the PY 2021 Annual Action Plan was not in place at that time, HUD directed the City to amend the PY 2019 Annual Action Plan. The PY 2019 Annual Action Plan was the 5th year of the 2015-2020 Consolidated Plan and therefore the outcomes associated with the CARES Act funds are not associated to the PY 2023 goals outlined in Table 1; however, HUD has instructed the City to report CARES Act accomplishments in the PY 2023 CAPER. As a result, the Actual Program year numbers and related percentage completion numbers reflected on Table 1 - Accomplishments may far exceed the annual goals due to the increase in CARES Act funding and services. #21..
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12 Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.
The City of Modesto’s Consolidated Plan identified a total of 5 Priority Need areas broadly categorized as:
• Affordable Housing
• Addressing and Preventing Homelessness
• Enhance Infrastructure and Public Facilities
• Public Services
• Community and Economic Development
Each CDBG funded activity funded was appropriately vetted to ensure that it met one of the above listed priority needs, and, more importantly, that it met a CDBG National Objective.
The City of Modesto’s overall priority is to increase self-sufficiency and economic opportunity for lower- income residents and individuals with special needs so that they can achieve a reasonable standard of living. The City of Modesto’s approach to assist lower-income individuals achieve increased self-sufficiency and economic opportunity has been through the provision of a combination of the following: affordable housing; supportive services to maintain independence; investment in lower-income and deteriorating neighborhoods; and in facilities that serve lower-income populations.
The City of Modesto, by focusing on these overall priorities, seeks to address community concerns such as:
• A need for additional affordable housing to address housing problems such as overcrowding, affordability, homelessness, and substandard housing conditions for the City of Modesto’s lowest income residents such as acquisition/rehabilitation or construction of multi-family housing projects for large families, homeless, and/or special needs populations;
• Supportive services that increase the ability of seniors, persons with disabilities, and others with special needs to live independently and avoid institutional living situations; • A network of shelter, housing, and support services to prevent homelessness, move the homeless to permanent housing and independence, and decrease the number of homeless households with children; and Programs that promotes economic development and creates jobs, and that increase the job skills of potential employees from the targeted lower-income groups.
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13 This Program Year, the City funded activities that addressed the following Consolidated Plan priority areas:
• Affordable Housing:
The City funded 8 homeowner housing rehabilitation loans to low-income households.
835 California Ave: Partnered with Stanislaus County Affordable Housing Corporation for the acquisition of 835 California Ave, Modesto to house COVID19 vulnerable individuals. This property is under development to develop 7 additional permanent affordable housing units on the site. Archway Commons: The City continued its partnership with EAH Inc. to construct Phase II of the Archway Commons Apartment complex. This project will produce 74 rental units. This project was completed during the winter of 2023.
7th Street Village: Partnered with Visionary Builders for the acquisition of 5 parcels on 7th Street between I and J Street, This project will develop a mixed-use apartment of 79 units of affordable housing.
512 Vine Street: Partnered with Stanislaus County Affordable Housing Corporation for the preservation of an existing 6-bedroom intensive short-term emergency shelter.
416 East Coolidge: Collaborated with the Stanislaus Regional Housing Authority and Behavioral Health and Recovery Services for the development of 8 single homes for individuals at risk of homelessness for permanent supportive housing. • Addressing and Preventing Homelessness
The City continues working within the Camp2Home program to break the circle of homelessness, from outreach, shelter services, robust job training, permanent employment, and permanent rehousing. This initiative was supported by partnerships with several homeless service
Outreach to build relationships with the unhoused to help them connect to resources for permanent housing, and interim housing projects that provide temporary safe housing while they are eliminating barriers to permanent housing.
Shelter Operations that provide a short term operation Homeless prevention that provide support so residents can remain in their home and not enter homelessness
Rapid Rehousing that assists the unhoused residents of our community quickly and securing obtain permanent housing.
• Enhance Infrastructure and Public Facilities:
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14 Vine Street Road Repairs: The City partnered with Stanislaus Regional Housing Authority to perform road repairs for the beautification efforts along Vine Street.
These repairs include curbing, gutter, drive approach, ADA access ramps, and sidewalk improvements along the Vine Street project frontage. Ralston Towers: Is a small City park currently under development by the City’s Park and Recreation Department to renovate and include features such as: an open area for Tai Chi, seating area, drinking fountain, and low-impact and durable exercise features designed to improve strength, balance, and coordination. This park is a public facility open to all citizens. • Public Services:
Provided CDBG public service grants to 8 non-profit service providers to provide essential services to low-income individuals and households. Fair Housing: Partnered with Project Sentinel to provide services such as fair housing discrimination investigation and tenant-landlord dispute resolution.
CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG HOME ESG
White 492 18
Black or African American 61 9
Asian 7 0
American Indian or American Native 17 0
Native Hawaiian or Other Pacific Islander 8 1
Other 73 11
Total 658 40
See Sage
Report
Hispanic 423 0
See Sage
Report
Not Hispanic 235 40
See Sage
Report
Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative
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15 The demographic numbers reported in this table represent unduplicated individuals served via all PY 2023-2024 funded activities, including but not limited to, public services, housing programs, homeless services, and CARES Act funded programs.
The City of Modesto offers services and programs to eligible households regardless of race or ethnicity of Modesto. Beneficiary demographic data is collected and validated throughout the program year. The demographic data reported in this table is a representation of beneficiaries served through each entitlement program during Program Year 2023-2024. #21..
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16 CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG CDBG $4,369,323 $2,661,931.44*
HOME HOME $5,342,736 $159,328.50
ESG ESG $161,451 $183,110.91*
CDBG-CV CDBG-CV $2,385,772 $168,100*
ESG-CV ESG-CV $4,561,202 $640,151
Table 3 - Resources Made Available
Narrative
Table 3 identifies the resources made available and expended during the program year.
Resources made available in PY 2021 include program income received and carryover funds from previous program years. Any unexpended resources will be carried over into the following program year.
The City of Modesto made available CARES Act funding during PY 2020 and 2021. The City was awarded a total of $2,385,772 in CDBG-CV funds and to date has expended $1,494,326. The City was also awarded $4,561,201.55 in ESG-CV funds and to date has expended $4,561,201.55.
These funds have been allocated in program years 2019, 2020, 2021, and 2023 and the City continues to respond to the needs of the community as it relates to addressing and preventing COVID-19.
Identify the geographic distribution and location of investments.
Target Area Planned Percentage
of Allocation
Actual Percentage of
Allocation
Narrative Description
LOW INCOME CENSUS
TRACTS - - See Narrative description below
Table 4 – Identify the geographic distribution and location of investments.
Narrative
The City of Modesto did not Identify target areas for the geographic distribution of investments.
However, the City of Modesto uses all CDBG, ESG, and HOME funds to primarily benefit lowincome households and individuals (at or below 80% of the Area Median Income). Area based projects are distributed only within low-income Census Block Groups as designated by HUD. #21..
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17 If 51 percent or more of the households in a given Census Block Group qualify as low- or moderate-income, or 51 percent or more of the population are members of minority groups, then the Block Group is defined as an area of low-income concentration.
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.
The City was able to leverage additional resources in several of its projects. Leverage amounts are listed under each program section below:
CDBG Leverage:
Project Name CDBG Funds Committed Leverage Amount Leverage Source Public Services $218,460 $1,868,591 Federal, State, Local, Private, Other
Ralston Tower $705,000 $550,000 State
Total $923,460 $2,418,591
HOME – 25% Match Requirement
.
Project
Name
Funds
Committed
Minimum Match
Required
Match Contributed Excess Match Match Source
416 E
Coolidge
$800,000 $200,000 $2,064,595.34 $1,864,595.34 Federal,
State, Local,
Private,
Other
Archway
Commons
II
$1,400,000 $350,000 $28,433.354 $28,083,354 Federal,
State, Local,
Other
Total $2,200,0000 $550,000 $30,497,949.34 $29,947,949.34 #21..
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18 ESG – 100% Match Requirement
For the ESG program, the City of Modesto required that ESG sub-recipients provide a dollar-fordollar match for ESG funds received. Typically, the City of Modesto is able to generate significantly more match than the amount required through its allocation of CDBG funds for ESG activities and primarily through the cash and non-cash contributions provided by ESG subrecipients as a result of the generosity of their donors, supporters, and other funders.
A total of $2,190,384 was contributed as match in PY 23-24 from ESG entitlement.
Publicly Owned land to address needs identified in the Consolidated Plan During PY 23-24, the City continued to work with EAH for the planning and development of Archway Commons Phase II, a 74-unit multi-family affordable housing project. This site was previously owned by the City and has been transferred to EAH for this housing development. In PY 2019, the City and EAH were successfully awarded a $14,276,157 Affordable Housing and Sustainable Communities grant from the State of California for this project and successfully closed during the PY 2020. The total project cost is $29,974,727.59 with a leverage amount of $28,083,354. This project completed construction and opened in January 2024.
In 2019, the State of California took several actions to make state and local public lands available for affordable housing development including:
• An executive order to make excess state land available for affordable housing • Connecting affordable housing developers to local surplus land and strengthening enforcement of the Surplus Lands Act
• Requiring cities and counties to inventory and report surplus and excess local public lands to include in a statewide inventory
In compliance with the Surplus Lands Act, the City is currently compiling an inventory of all city owned surplus properties. Staff have begun reviewing the inventory of city owned surplus property.
In addition, the City of Modesto is in partnership with the Stanislaus County Behavioral Health and Recovery Services (BHRS) Department to develop a 42-unit bridge housing village located on City owned property at 402 9th Street. BHRS was awarded $10,819,200 in noncompetitive predetermined Behavioral Health Bridge Housing (BHBH) Program Grant funds from the California Department of Health Care Services (DHCS). BHBH funds will enable BHRS to operate this bridge housing project to address the immediate and sustainable housing needs of people experiencing homelessness who have serious behavioral health conditions, including serious mental illness (SMI) and/or substance use disorder (SUD). This project is expected to complete construction in December 2024 and accept clients by the end of 2024. #21..
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19 The City of Modesto has continued to partner with Stanislaus County Affordable Housing Corporation and BHRS to serve households with at least one person who has a Serious Mental Illness (SMI) and are either homeless or at risk of homelessness with temporary shelter located at 308 Locust Ave, Modesto. BHRS screens and places qualifying tenants in the home on a temporary basis, provides case management and supportive services as the tenant transitions into a permanent housing opportunity.
HOME Program
Fiscal Year Summary – HOME Match
1. Excess match from prior Federal fiscal year $42,270,030.44
2. Match contributed during current Federal fiscal year $28,083,354
3. Total match available for current Federal fiscal year (Line 1 plus Line 2) $42,270,030.44
4. Match liability for current Federal fiscal year $7,612.70*
5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) $42,277,643.14 Table 5 – Fiscal Year Summary - HOME Match Report
* Match Liability per PR33 Report.
PY 23-24 HOME Match Reductions Waiver
The City of Modesto applied for and was approved for 100% match reductions granted for PY 2020 due to fiscal distress, severe fiscal distress, Presidential disaster declarations, and reductions due to the COVID-19 pandemic. These match reductions were made available to affected states and local jurisdictions through CPD Memo: Suspension of the HOME Commitment and CHDO Reservation Deadline , dated November 7, 2023. The suspension of the 24-month commitment requirement waiver is in effect until December 31, 2025 and applies to any CHDO funds that were de-obligated in 2018 or that would be de-obligating through 2025 due to a participating jurisdictions failure to commit the funds to a CHDO project within 24 months.
HOME Match Contribution for the Federal Fiscal Year
Project
No. or
Other
ID
Date of
Contribution
Cash
(nonFederal
sources)
Foregone
Taxes,
Fees,
Charges
Appraised
Land/Real
Property
Required
Infrastructure
Site
Preparation,
Construction
Materials,
Donated
labor
Bond
Financing
Total Match
1282 01/15/2024 $0.00 $0.00 $1,381,000 $0.00 $14,276,157 $12,776,197 $28,433.354 1322 09/27/2023 1,814,595.34 $250,000 $0.00 $0.00 $0.00 $0.00 $2,064,595.34
HOME PROGRAM INCOME
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20 Program Income – Enter the program amounts for the reporting period Balance on hand
at beginning of
reporting period
$
Amount received
during reporting
period
$
Total amount
expended during
reporting period
$
Amount
expended for
TBRA
$
Balance on hand
at end of
reporting period
$
$559,147 $1,187,350 $12,401 $0.00 $1,174,949
Table 6 – HOME Program Income
Balance Reported per IDIS PR09 Report
Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Total Minority Business Enterprises White NonAlaskan Hispanic Native or
American
Indian
Asian or
Pacific
Islander
Black NonHispanicHispanic
Contracts
Number 1 0 1 0 0 0
Dollar
Amount 800,000.00 0 800,000.00 0 0 0
Sub-Contracts
Number 3 0 0 0 3 0
Dollar
Amount 455,452.00 0 0 0 455,452.00 0
Total Women
Business
Enterprises
Male
Contracts
Number 1 0 1
Dollar
Amount 344,548.00 0 344,548.00
Sub-Contracts
Number 3 0 3
Dollar
Amount
455,452.00
0 0 455,452.00
Table 7 - Minority Business and Women Business Enterprises #21..
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21 Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Total Minority Property Owners White NonAlaskan Hispanic Native or
American
Indian
Asian or
Pacific
Islander
Black NonHispanicHispanic
Number 0 0 0 0 0 0
Dollar
Amount
0 0 0 0 0 0
Table 8 – Minority Owners of Rental Property
Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired 0 0
Businesses Displaced 0 0
Nonprofit Organizations
Displaced
0 0
Households Temporarily
Relocated, not Displaced
0 0
Households
Displaced
Total Minority Property Enterprises White NonAlaskan Hispanic Native or
American
Indian
Asian or
Pacific
Islander
Black NonHispanicHispanic
Number 0 0 0 0 0 0
Cost 0 0 0 0 0 0
Table 9 – Relocation and Real Property Acquisition
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served
Population Type One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 63 35
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22 Population Type One-Year Goal Actual
Number of Non-Homeless households to be
provided affordable housing units 35 83
Number of Special-Needs households to be
provided affordable housing units 23 15
Total 121 133
Table 10 – Number of Households
Service Type One-Year Goal Actual
Number of households supported through
Rental Assistance 13 35
Number of households supported through
The Production of New Units 34 89
Number of households supported through
Rehab of Existing Units 20 9
Number of households supported through
Acquisition of Existing Units 54 0
Total 121 133
Table 11 – Number of Households Supported
Tables 10 and 11 represent households served or units generated with the CDBG, CDBG-CV, ESG, ESG-CV, and HOME funding resources.
Table 10 represents the various households that were provided new units of housing through rental assistance, new construction, and/or rehabilitation of funded units. Households served in table 10 are broken out as follows:
o 89 units of housing were created during this program year. 835 California produced 7 permanent supportive housing units Archway Commons produced 74 units of affordable housing with 11 units set-aside HOME units.
Kestrel Ridge produced 8 permanent supportive housing units. o 35 households received rental assistance.
4 Households - CHSS, Family Promise (homeless prevention) 28 Households - Downtown Streets Team (rapid rehousing) 3 Households - Turning Point (rapid rehousing)
o 8 homeowner housing units were rehabilitated.
Discuss the difference between goals and outcomes and problems encountered in meeting #21..
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23 these goals.
During the PY 23-24, it was anticipated that 88 additional new units would be produced through the following projects:
King Kennedy Veteran’s Cottages- 413 Vine Street will produce 23 permanent supportive housing units.
Helen White Court- 413 Vine Street will produce 11 senior units. Hotel Conversion at 710 N 9th Street will produce 54 units of permanent supportive housing.
Due to construction delays, these units are anticipated to be completed in PY 24-25.
Discuss how these outcomes will impact future annual action plans.
The City of Modesto will continue working with its partners to expand the supply of affordable housing units in the coming annual action plan program year. The City continues to have dialogue with affordable housing developers and the local Continuum of Care to identify potential resources and housing projects to address the housing needs of homeless and nonhomeless population within the low-income spectrum in the City of Modesto.
The following projects are in various stages of development and pre-development underwriting:
King Kennedy Veteran’s Cottages- 413 Vine Street will produce 23 permanent supportive housing units.
Helen White Court- 413 Vine Street will produce 11 senior units. 710 N 9th Street will produce 54 units of permanent supportive housing. 7th Street Village will produce 79 units of affordable housing Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
Number of persons Served CDBG Actual HOME Actual
Extremely Low-income 363 0
Low-income 190 19
Moderate-income 101 0
Non-Moderate-Income 4 0
Total 658 19
Table 12 – Number of Persons Served
Narrative Information
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24 The figures on this table reflect individuals served via the City’s CDBG Public Service Program 632 persons), Housing Rehabilitation program (8 households), CDBG-CV Public Service Program 11 persons) 835 California developed 7 units of housing to assist 7 households, and 82 units were created with 19households assisted with HOME units through Archways Commons Phase II and Kestrel Ridge projects.
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25 Worst-Case Housing Needs
Worst-case housing needs are defined as low-income renter households who pay more than half their income for rent or live in seriously substandard housing (includes people experiencing homelessness) or have been involuntarily displaced. The City of Modesto serves the worst-case needs by working with the Housing Authority, public service agencies, and with the Community System of Care to maintain an umbrella of services to assist residents in their time of need. The City works with dozens of community partners to leverage funds, maximize the impact, and help more residents. These partnerships, and the programs and initiatives developed by the city, provide a path to a promising future by creating affordable housing, facilitating essential health and educational services, and investing in community improvements. Through the Camp2Home initiative, the City’s Community Development Division has continued its partnership with the City of Modesto Police Department to expand the Community Health and Assistance Team (CHAT) to engage and build relationships with unsheltered individuals and provide immediate support, intervention, and connections with mainstream social services, shelters, and housing programs. CHAT works closely with uniformed police officers to respond to non-violent calls. This alternative response allows uniformed officers to focus more on higher priority calls and the alternate response model allows CHAT to connect worst case housing needs individuals with appropriate and alternative resources. During the program year 2023-2024, the CHAT Team made outreach contact with 2,309 individuals experiencing unsheltered homelessness and a total of 1,976 accepted services.
Further, the City’s efforts to address the worst-case needs included the assistance to lowincome households via the City’s Homeowner Rehabilitation Program. Prior to participating in the program, many of the units assisted were considered substandard housing units in need of major health and safety related improvements and/or improvements to assist persons with disabilities in making their homes more accessible.
In a local rental housing market where, rental costs have significantly increased, lower income households have a higher likelihood of being cost burdened, paying more than half their income for rent, and/or living in substandard housing. For worst-case housing needs, households that are paying more than half their income for rent, the City’s efforts at addressing their needs consisted of partnerships with local affordable housing providers and/or public service providers through the investment of federal resources to assist such households via rental assistance programs, and/or programs that assist households realize cost savings such as childcare programs, and food assistance.
In response to COVID-19, the US Congress passed the CARES Act in March 2020 which provided several rounds of CDBG and ESG funding to aid in efforts at addressing the economic impacts of the pandemic. In addition, the American Rescue Plan Act of 2021 provided funding with the #21..
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26 intent that communities provide relief to address the impact of COVID-19.
Helping Needs of Persons with Disabilities
All program partners are dedicated to serving all people regardless of physical or mental impairment, includes, but is not limited to, examples of conditions such as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus (HIV), developmental disabilities, mental illness, drug addiction, and alcoholism. Below are some of the programs that specialize in addressing this need:
The City of Modesto continues to partner with STANCO on affordable housing projects that serve mental health clients, a population at high-risk of homelessness. The units they produce and manage are ADA accessible and are tailored with the tenants’ medical team to meet these accommodations.
Further, ESG funds were used to partner with Center for Human Services, Community Housing and Shelter Services, Turning Point Community Programs, Downtown Streets Team, and the Salvation Army to assist households at risk of homelessness or those who are homeless. The services provided were related to shelter and homeless prevention and rapid rehousing.
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City of Modesto is a partner in the Stanislaus Community System of Care’s (CSOC) (the local Continuum of Care - CoC) effort to move all population types from homelessness towards permanent housing and independent living opportunities through a network of affordable housing options linked to wraparound supportive services. During this past year, the City continued to partner with the CSOC to continue local participation with the community wide coordinated entry system (CES) under which ongoing street outreach is being conducted to assess and determine the needs of unsheltered persons. The following programs were carried out within the community with relation to reaching out to homeless persons:
• Center for Human Services – Street Outreach
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27 The City partnered with Center for Human Services by awarding ESG funds to assist with the street outreach program targeting youth experiencing homelessness within the community.
The program provided street outreach and navigation/case management services specifically targeted toward Modesto youth, ages 13-24 years of age who are homeless and unsheltered. Program staff worked directly with the CSOC’s Homeless Outreach & Engagement team through the Access Center. The program’s objective is to become familiar with youth hangouts and become a consistent presence among the youth with the end goal of engaging youth experiencing homelessness and connecting them to services including access to shelter, housing, and/or support services. During this program year the program was able to contact 65 unduplicated youth and engage 27 into support services. • Community Assessment, Response, and Engagement (CARE) Multidisciplinary (MDT) personnel strategy:
The Community Assessment, Response, and Engagement (CARE) Multidisciplinary (MDT) personnel strategy is a joint City of Modesto and Stanislaus County strategy.
The CARE Team mission is to facilitate the expedited identification, assessment, and linkage of homeless individuals to housing and supportive services within Stanislaus County subject to the provisions of the Welfare and Institutions Code (WIC) section 18999.8. This WIC Code section was added effective January 1, 2018, to authorize California counties to establish multidisciplinary personnel teams to address homelessness within the County.
Every CARE Team member is tasked with conducting outreach and engagement. The strength of the CARE Team comes from the ability to leverage experience and expertise from multiple disciplines when assisting a CARE client. During the initial and on-going client contacts, rapport is developed, and client issues are identified and prioritized. When issues are general, CARE Team members will link the client to a resource; whereas when the need is more specific, the relevant team member provides specialized care. For example, when the CARE Team identifies a CARE client who has agreed to take a mental health assessment, the CARE Team clinician will respond to the location to provide brief counseling, and schedule and conduct the mental health assessment. The need for this type of service was identified during the CARE planning process, and by implementing this, the CARE program is utilizing an innovative approach to meet the needs of the CARE population.
CalAIM (California Advancing and Innovating Medi-Cal)
• CalAIM is a long-term initiative to improve California’s Medi-cal program, that state’s Medicaid health insurance system. With CalAIM, members will have access to new and improved services and receive well-rounded care that goes beyond the #21..
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28 doctor's office or hospital and addresses all of their physical and mental health needs. This includes Community Supports that address the needs of securing and maintaining housing and Enhanced Case Management that introduces a new way to coordinate care and access a single care manager who provides comprehensive care management. CalAIM services are offered through the 3 managed care plans in Stanislaus County, Healthnet, Health Plan of San Joaquin, and Kaiser. • Community Health and Assistance Team (CHAT)
Through a partnership with the City’s Community Development Division, the Modesto Police Department created the Community Health and Assistance Team (CHAT). CHAT engages with individuals experiencing homelessness to build relationships, links them to mainstream services, and connects them with shelter and housing programs. CHAT works with sworn police officers to respond to non-violent calls allowing sworn officers to focus on higher risk calls. As part of the strategic approach, the City implemented a data collection tool utilizing GIS technology using the ArcGIS Survey123 application. A planning work group of service providers, shelter providers, behavioral health and mental health providers, Sherriff, and Probation departments, developed the survey. The application allows a fully customizable data collection tool which not only collects federally mandated data but assists the City to make strategic decisions to address homelessness.
An interaction with an individual experiencing homelessness previously took 20-30 minutes per interaction. Outreach workers can now ask targeted questions that assess an individual’s situation and record responses that can be analyzed in a few minutes. CHAT has made 8,629 contacts with unsheltered individuals to date and provided services to 7,460 of those contacted throughout the City. The implementation of the ArcGIS Survey123 has increased productivity and efficiency resulting in time saved per transaction. Previously this engagement would have been done by sworn officers, taking time away from more serious calls. The diversion of calls has resulted in significant resource savings and improved response times for calls that require the attention of a sworn officer. #21..
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29 CHAT Outreach Data
Services and Needs
Images Dated August 6, 2024
https://www.arcgis.com/apps/dashboards/8578237107ea4d0484508e191e0124b7 Sheltered
Addressing the emergency shelter and transitional housing needs of homeless persons #21..
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30 As the county seat of Stanislaus County, the City of Modesto is where most services (including shelter and transitional housing) are located in Stanislaus County. Therefore, many people experiencing homelessness, who utilize available services, congregate in Modesto. The City of Modesto uses CDBG public service and ESG funds to support emergency shelter providers and has utilized CDBG funds to acquire new properties for additional transitional housing beds.
Emergency Shelter:
In Program Year 2023-2024, the City of Modesto continued its partnership with Salvation Army by awarding ESG/ESG-CV grant funds to support the Salvation Army’s 9th Street Berberian emergency shelter. The Salvation Army has a Case Management Team designed to interrupt the cycle of homelessness and recidivism utilizing case management techniques and partnerships to move individuals from homelessness to permanent housing. This program utilizes the different resources of the Salvation Army Shelter and Transitional Living Center as well as partnerships with Community Impact Central Valley, Stanislaus County Affordable Housing Corporation, the Stanislaus County Sheriff’s Department, and many other collaborated resources to identify clients who show stability and desire to move from homelessness to permanent housing.
Youth Shelter – Youth Navigation Center:
The City continues to work closely with the Center for Human Services in the operations of the Youth Navigation Center. The Youth Navigation Center offers a continuum of youth services for homeless and runaway youth aged 13-24 years old. This shelter offers the following wraparound services for youth:
• Street outreach and engagement services
• Homelessness prevention & diversion services
• Coordinated entry and assessment.
• Crisis/Drop-in and Shelter for 13–17-year-old (8 beds) • Crisis/Drop-in and Low-Barrier Shelter for 18–24-year-old (24 beds) • Transitional housing for 18–24-year-old (15 beds)
• Access to housing services including permanent housing slots designed for youth with diverse circumstances.
• On-site education and employment services
During fiscal year 23-24, a total of 194 unduplicated youth have been served.
Youth Housing – Pathways Program:
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31 The City continues its support of Center for Human Services Pathways program by awarding a CDBG grant in the amount of $40,000 to help with essential program services. Pathways is a 15-bed transitional housing program that addresses the need for shelter and support services for homeless youth 18 to 21 years of age for up to 24 months. Using a positive youth development and trauma informed approach, Pathways promotes the social and emotional wellbeing of the young people it serves. Program goals for youth served at Pathways are obtaining employment, locating stable housing, and having supportive relationships. Additional support services available to youth include basic life skills, job acquisition and maintenance skills training, assistance with obtaining medical care and advancing educational opportunities, service-learning opportunities, recreation, referral and after care services. During fiscal year 23-24, 32 unduplicated youth have been served with shelter and case management.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City of Modesto, its ESG subrecipients, the CSOC, and other partners have been especially strategic in creating housing opportunities that will stably house and promote the selfsufficiency of these subpopulations of persons experiencing homelessness. ESG subrecipients have also had to find strategic ways to assist clients find housing and keep their housing.
Through coordinated entry and consistent communication, the following are key highlights of the CSOC’s efforts in 2023-2024.
Coordinated Entry:
The CSOC continues to manage the Coordinated Entry System (CES) to coordinate the intake, assessment, and referral process within the Continuum of Care (CoC) and efficiently expand the system’s ability to deliver the appropriate resources to individuals and families who are experiencing homelessness.
This system is used to guide the evaluation of individuals’ and families’ eligibility for assistance, and to direct the determination and prioritization of how eligible individuals and families will be referred to services through a monitored assessment. The assessment then determines housing match & prioritization, documentation & housing navigation, and housing placement.
The CES ensures that homeless individuals and families are placed in the appropriate housing model for their individual needs and access level.
The CoC uses the CES to prepare individuals experiencing homelessness to be housed and to match individuals and families with housing opportunities. During the 2023-2024 program year #21..
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32 3,1367 total unduplicated individuals were enrolled into the Community’s CES. Many of the housing opportunities included services supported by local service providers, including budgeting, behavior health, and general counseling. In addition, these individuals and families received a housing choice voucher that can be used to obtain housing in other areas. Through intensive case management, these individuals and families will have the opportunity to remain and retain permanent affordable housing.
CES meetings are held weekly with all local housing providers and outreach staff where CoC homeless service providers can assist with housing placement.
Empire Migrant Center:
Supported by the CSOC and Stanislaus Homeless Alliance, the Stanislaus County Community Services Agency’s (CSA) in partnership with the Housing Authority, sheltered homeless families during the cold-weather months in vacant family units at the Empire Migrant Center. The Empire Migrant center consists of 90 dwelling units used for farmworker housing from April to October each year. This project allowed CSA to serve 20 families experiencing homelessness, for a total of 76 individual members during the months of November through March. This project is a multi-year partnership allowing the County’s Community Services agency to place homeless families each winter in housing and provide case management services with a goal to permanently house homeless households.
The Family Housing Facility:
In coordination with the countywide strategy to address the critical issue of homelessness especially as it affects families with school aged children, Stanislaus County entered into a fiveyear lease with a motel located at 1128 South 9th Street in Modesto. The property has 21 units and a three-room office space.
In November 2019, the Community Services Agency began operations of a year-round shelter for families using the successful model implemented at the Empire Cold Weather Family Shelter. The Family Housing Facility (FHF) operates 24 hours a day with onsite property management. CSA has contracted with the Stanislaus County Affordable Housing Corporation for property management that includes security.
The target population served at FHF are families who meet the following criteria: currently being case managed in CSA’s HSP unit, have used all available temporary shelter nights, are still engaged in permanent housing search and have been unsheltered the longest from date of referral to the HSP program. Due to the room capacity, consideration is made to match smallsized families.
Community Services Agency works in partnership with Community Housing and Shelter Services (CHSS) for placement at FHF. CHSS services include primary case management oversight which #21..
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33 include, assisting participants with household budget, understanding their income, housing options, completing housing application), landlord outreach and housing search workshops, working with families to remove barriers to self-sufficiency, and connecting families to applicable and relevant community resources.
During the 2023-2024 program, year 50 families were served, consisting of a total of 136 individuals served with case management and employment services/employment connections were provided to program participants.
Camp2Home:
Through a community-wide visioning and planning process, the City of Modesto identified priorities to develop and implement a comprehensive homelessness action plan that reduced encampments in public spaces, ensured the provision of supportive services, and identified strategies for permanent housing through the following program components:
Street Outreach: Through the Street Outreach component, the Community Health and Assistance Team (CHAT), formerly known as the HEART team, was expanded to engage and build relationships with unsheltered individuals and provide immediate support, intervention, and connections with mainstream social services, shelters, and housing programs. CHAT works closely with sworn police officers to respond to non-violent calls.
This alternative response allows sworn officers to focus more on higher priority calls.
During the program year 2023-2024, the CHAT Team made outreach contact with 2,309 individuals experiencing unsheltered homelessness.
Emergency Shelter: Emergency shelter was prioritized within the Camp2Home initiative to create a pipeline for unsheltered individuals to connect to shelter services. The City provided funding to support and bolster operations of the community’s largest shelter, which also includes a low barrier shelter wing. The shelter was able to serve the maximum number of individuals and still adhere to public health guidelines and maintain social distancing requirements. During the program year of 2023-2024 the shelter served 876 unduplicated individuals.
Job Training: Job training is a key component of the Camp2Home program in helping individuals to secure permanent employment and permanent housing. The Downtown Streets Team (DST) program aims to end homelessness through workforce training, employment, and employer pipelines.
DST’s goal is to end homelessness by restoring dignity and rebuilding the lives of unhoused men and women by helping team members activate skills and attributes that are necessary to move toward employment, housing, and overall, a better quality of living. This is attained through things like maintaining a schedule, teamwork, #21..
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34 accountability, self-confidence and more. Through a Structured Daily Activity (SDA) model, DST team members rebuild all of these as well as regain a sense of pride in, and stewardship of, their community and at the same time gain valuable experience they can list at the top of their resume to overcome long work experience gaps. During the program year 2023-2024, 182 unduplicated individuals participated in this program.
Stanislaus Community Response Guidelines for Individuals Experiencing Homelessness (SCRG).
The City and County have continued to partner in a multijurisdictional agreement called the Stanislaus Community Response Guidelines for Individuals Experiencing Homelessness (SCRG).
Certain locations within the City are under the jurisdiction and control of the State or County, which complicates the procedure for enforcing encampments on the City’s side.
This agreement standardizes how to address encampments crossing City or County lines to significantly increase the probability of successful outcomes for all involved: those experiencing homelessness, responding staff, and the community.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are:
• likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and • receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.
The City of Modesto has been working in collaboration with the local Continuum of Care (now named CSOC) to improve services to the homeless and those at risk of becoming homeless. The following are key highlights of the work being conducted in our community to assist individuals and families avoid becoming homeless:
CARE Team
The City of Modesto Police Department’s CHAT team works closely with the CARE Team, Stanislaus County Sheriff’s Office, and Stanislaus County Probation Office to help avoid homelessness for those that have been released from incarceration.
Stanislaus Homeless Alliance
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35 In May 2019, the regional governments, local CSOC, Focus on Prevention, as well as representatives from various shelters and homeless interests came together to form the Stanislaus Homeless Alliance (SHA). This body provides insight and recommendations on homeless issues and other regional homeless projects to the local CoC and federal funding organizations. This body of representatives created a global conversation to the homeless issues at a regional level that provides a barometer for what programs and ideas are working and help improve on the overall response to homelessness in the Region. The City of Modesto’s Mayor is a voting member on this board.
Homeless Discharge Coordination:
The City of Modesto continues to be engaged in homeless discharge coordination from health care facilities through the Stanislaus County Hospital & Shelter Partners (SCHSP) meetings.
Since April 2019, the Hospital Council of Northern California has coordinated SCHSP monthly meetings with representatives from local hospitals, homeless shelters, public agencies, and stakeholder groups to plan for the discharge of homeless individuals from health care facilities to comply with SB 1152. The objective has been to create a community standard of care and greater connection and cooperation between discharging and receiving providers of services for the homeless.
Center for Human Services - Youth Navigation Center
The City continues to partner with Center for Human Services to coordinate the needs of homeless and emancipated youth. This partnership included the development and operations of the Youth Navigation Center that serves to help local youth avoid homelessness through outreach, emergency shelter, housing, and other services. The Youth Navigation Center starting in 2021 formed a Youth Advisory Board to encourage youth and lived experience to inform operational improvements to the programs managed by the Navigation Center.
Stanislaus County Behavioral Health and Recovery Services Agency The City consults and partners with Stanislaus County Behavioral Health and Recovery Services Agency (BHRS) when funding the development of permanent supportive housing projects that are to meet the needs of those with mental health issues to assist in maintaining stabilized housing for this population. The City has also partnered with BHRS for the development of bridge housing units to serve those most in need to bridge the gap from living on the streets to housing.
CR-30 - Public Housing 91.220(h); 91.320(j)
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36 Actions taken to address the needs of public housing The City of Modesto and Stanislaus Regional Housing Authority (Stan Regional) continue to partner on furthering decent, safe, and affordable housing within the City of Modesto. Stan Regional is the largest affordable housing property manager of multi-family and single household public housing units for lower income people in Stanislaus County. According to Stan Regionals’ 2022 PHA Plan, Stan Regional currently operates 7,084 affordable and subsidized housing units:
• 737 public housing units, (Includes 647 Stanislaus and 90 Riverbank Public Housing units)
• 1,060 project-based Section 8 units, and (The Housing Authority has 396 project-based units)
• 1135 other Affordable Housing units
• 5,212 housing choice vouchers
The City of Modesto worked in collaboration with the Stanislaus Regional Housing Authority (Stan Regional) by seeking ways to increase and support the maintenance level of permanent supportive housing for special populations and persons with disabilities. The City and Stan Regional have partnered on several housing projects to provide decent and safe affordable housing to low-income families.
In the upcoming program years, the City is planning to continue its partnership with the Housing Authority. Currently pending projects including the following:
• 400 Vine Street:
o King Kennedy Cottages - 23 units
o Helen White Court - 11 Units
• 1500 Robertson Road: Parque Rio – 92 units of family and senior housing • 1612 Sisk Road: The 1612 – 144 units of Workforce Housing Apartments.
The City of Modesto participates in the County wide CSOC (CoC) along with the local Housing Authority, the CHDOs, and other local agencies to Identify housing needs within the county, including resident initiatives. The CoC Housing and Homeless Populations Committee is inventorying and identifying all affordable housing stock designated to serve this population in order to assess needs and gaps in advance of new State one-time funding designations for affordable housing.
Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
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37 Stan Regional has a Resident Advisory Board which is comprised of Public Housing Authority (PHA) and Housing Voucher program participants. This Resident Advisory Board is engaged when there are proposed policy changes. The Resident Advisory Board is notified of substantial policy changes and is given the opportunity to support or reject subject policy changes.
Stan Regional provides homeownership resources to participants in the Housing Choice Voucher (HCV) Program. The Family Self-Sufficiency (FSS) Program has established partnerships with a variety of community resources to refer participants for services including pre- and postsecondary education, health care, childcare, employment development, supported employment, and small business development (including micro-loans). The FSS Program also encourages families to participate in financial wellness programs, including financial literacy and credit repair with an emphasis on long-term financial stability for the purposes of homeownership.
The Stan Regional is actively engaging FSS participants by promoting homeownership opportunities such as the two Edwards Estates units funded with HOME funds and built by Great Valley Housing Development Corporation, a non-profit arm of the Stan Regional. In 2023, Great Valley Housing Development Corporation, took the proceeds from the HOME funded units to continue the development of 21 additional homes within this subdivision, encouraging the expansion of homeownership opportunities.
Actions taken to provide assistance to troubled PHAs
Not Applicable. According to the 2023 PHA plan, Stanislaus Regional Housing Authority is a High Performer, not a troubled Public Housing Authority.
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) In order to ameliorate the negative effects of public policies that serve as barriers to affordable housing, the City of Modesto has policies in its impact fee program for affordable housing. The current CFF Policies and Procedures provide, with respect to very low- and low-income housing exemptions, the total number of housing exemptions granted are not to exceed two percent (2%) of the cumulative total CFF program housing units. The CFF Policies and Procedures also allow a Community Housing and Development Organization (CHDO) to apply and request CFF #21..
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38 be waived on new affordable units for households earning sixty (60%) or less of the Area Median Income.
Since 1989, a total of 15,751 residential building permits have been issued, of which 812 were granted CFF exemptions.
Through the following measures, the City of Modesto attempts to ameliorate the effects of public policies that may act as barriers to affordable housing:
City of Modesto Housing Element: Modesto’s 6th Cycle Housing Element, which HCD deemed substantially in compliance with State Housing Element Law on April 10, 2024, identified a number of programs and practices to assess and eliminate barriers to housing, particularly relating to government constraints. As of July 2023, the City has reasonable accommodation applications in place. The application allows review at staff level instead of requiring a variance through the Board of Zoning Adjustment, reducing time and expense for persons with ADA access issues. Additionally, the City Building & Safety Division includes an Accessibility Review at the discretion of the Chief Building Official and/or the Community and Economic Development Director that covers ADA and California Building Code Chapter 11 compliance as well as a certified access specialist review and inspection. The City supports equal access to housing for persons with disabilities and promotes reasonable accommodations to property owners.
The City will establish and implement expedited permit processing for qualifying affordable housing projects, pursuant to SB 35 and SB 330, and create checklists and instructions for reviewing and approving SB 35 and SB 330 projects. The City will also amend the Zoning Ordinance to require that any demolished residential units located on a Sites Inventory property be replaced pursuant to Government Code Sections 65915(c)(3) and 65583.2(g). The City will also add information regarding the expedited permit process on the City’s website.
In 2019, the City of Modesto adopted a Rental Housing Safety program to safeguard rental housing. The program requires annual self-inspections of rental housing units. Annual selfinspections encourage preventative maintenance and allow landlords and property managers a better chance of awareness of poor conditions. The awareness provides opportunities for preventative maintenance which protects rental housing stock and the value of adjacent properties. Code Enforcement continues to follow up on complaints, but the Program conducts proactive inspections of up to 10% of rental units. A proactive approach reduces the need for tenants to request help from City officials and eliminates the fear of retribution from landlords.
Capital Facility Fee (CFF) Deferral/Waiver: Capital Facility Fee (CFF) Deferral/Waiver: The City of Modesto supports economic development through the growth of Modesto businesses. It also encourages the construction of very low- and low-income housing development projects within the City. The City of Modesto provides CFF deferral, credit, and exemption programs #21..
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39 granted to affordable housing projects in order to benefit economic growth and development by allowing the deferral, credit and/or waiver of impact fees. These deferrals or exemptions can be provided when developments are supplied to low and very-low income (in this case 50% or less of the Area Median Income) permanent housing units, combined with a minimum of 10 consecutive years of affordability. This can be considered if the overall exemptions do not exceed two percent (2%) of the cumulative total CFF program housing units. The City of Modesto has updated their CFF Policies and Procedures to allow for Affordable Housing exemptions to households earning 80% or less of the Area Median Income with Resolution 2024-278 on August 13, 2024.
1. Mobile Home Rental Ordinance: The City of Modesto enacted a Mobile Home Rent Stabilization (MHRS) ordinance in 2007. The MHRS ordinance imposes rent increase limits (100% of the annual Consumer Price Index (CPI), but no more than 6% of base rent annually) on mobile home park owners who do not enter into a city Memorandum of Understanding (MOU). Mobile home park owners who voluntarily enter into the MOU must offer a City-approved long-term lease to certain groups of residents and allow park owners to raise mobile home space rents 100% of the CPI, and as much as 15% of the existing rent when a mobile home is vacated. The goal of the MHRS ordinance and MOU is to limit park owners’ ability to raise rents to unaffordable levels, especially to those who are low-income.
Accessory Dwelling Unit Ordinance: In 2020, the City made amendments to its Municipal Code regarding accessory dwelling units, accessory buildings, and second story units. These amendments allowed the City to align State of California’s AB-881 and AB-68. This allows individuals to generate income or house family members that should increase affordable units, decrease the number of unhoused or underhoused individuals, and allow homeowners to increase personal revenue. The City has also partnered with Stanislaus County to provide preapproved ADU plans for applicants, saving valuable time and money for applicants. This program continues to update its ADU regulations in accordance with State Law and HCD guidance with more programs to encourage development planned for 2024.
SB2 Housing Plan: In 2019 the City of Modesto applied for and was awarded $625,000 in State of California SB2 Planning Grants Program (PGP). The PGP is intended for the preparation, adoption, and implementation of plans that streamline housing approvals and accelerate housing production. These grant funds will be partially used for the development of a Housing Plan to establish a vision for the future of Modesto’s residential neighborhoods and development activity and to identify ways to realize that vision. Throughout 2021, Opticos Design Inc and City Planning conducted a series of education and stakeholder sessions to develop the Housing Plan. This Housing Plan analyzed
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40 Opportunity Sites for housing development, reviewed and made recommendations for infrastructure development needed to encourage housing, looked at opportunities for increased housing density, and relieve barriers. The City utilized the recommendation within this plan to implement many programs enacted through the Housing Element.
Actions taken to address obstacles to meeting underserved needs. 91.220(k);
91.320(j)
Each year, the CSOC brings approximately $3.9 million to Stanislaus County. The funds are used by non-profit organizations to provide permanent housing, transitional housing, and supportive services.
The City of Modesto has worked to eliminate barriers to the development of affordable housing through the following ongoing efforts:
• The City of Modesto’s CDBG Public Services and ESG allocations reflect the City of Modesto’s priorities in meeting underserved needs, such as emergency shelter and street outreach (individuals, survivors of domestic violence, families, and children), homelessness prevention and rapid re-housing, food security, neighborhood revitalization, foster youth, seniors, youth, and persons with disabilities. • Providing funding for land acquisition, secondary financing, or infrastructure costs; • Assisting qualified households to purchase homes utilizing the homebuyer assistance programs;
• Exemption or deferral of Capital Facilities Fees for projects providing low-income housing;
• Using the adopted streamlining process for environmental review and the development of programmatic environmental review records where applicable to reduce program down time;
• Continuing to work with non-profit housing agencies in the provision of supportive services and programs;
• Using streamlined application review and permit processing; and • Reduction of parking standards for affordable housing projects.
The City, in partnership with the CSOC, continues to actively work on closing any gaps in the availability of services across all categories of underserved needs, including but not limited to seniors, persons with disabilities, individuals with chronic illness, persons with other conditions affecting their ability to function independently and productively, foster youth and homeless.
The community is currently working on improved data collection standards and more effective communication efforts between funding agencies to better position the community to begin #21..
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41 reducing these needs and gaps, by mutually aligning and focusing efforts.
Stanislaus 2021 Regional Plan to Address Homelessness
In late 2020, the CSOC and SHA, led by the SHA/CSOC Strategic Plan Workgroup, partnered with Homebase to begin work on a strategic planning process to collect information and feedback to help draft a community wide strategic plan to address homelessness. This strategic plan outlines community barriers in order to effectively address homelessness and gaps in resources, recommends goals, strategies, and action steps to address barriers and fill gaps, and make recommendations on how to make the homeless system of care more equitable and inclusive. The plan was adopted by the City and all cities within the County. The City of Modesto continues to actively participate with the Homeless Plan Implementation team.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) The City of Modesto has adopted policies to be implemented in its housing programs, which comply with HUD requirements relating to lead-based paint hazards. In alignment with HUD’s requirements, lead-based paint remediation actions will depend on the level of subsidy provided on a project-by-project basis.
Most housing rehabilitation projects are subject to federal regulations for lead-based paint and contractors must be certified in safe work practices when completing the rehabilitation work.
This effort has resulted in more contractors being able to bid on and participate in the projects that contain lead-based paint. The following is a summary of lead-based paint activity in the City’s housing programs during PY 2023-2024:
• 3 homeowners received “Protect Your Family from Lead in Your Home, March 2021” lead-based paint informational packets as their homes were built prior to 1978; o 3 projects were exempt with no paint disturbance or negative testing prior to any construction activities.
The cost for the stabilization of lead-based paint is included in the City of Modesto’s housing rehabilitation loan program and the cost of the lead-based paint inspection and/or clearance is paid from entitlement funds.
The City of Modesto will continue to provide lead-based paint testing as a component of its housing repair and rehabilitation programs when required by HUD regulations. Given the age and condition of the City of Modesto’s housing stock, there are a significant number of homes where lead-based paint testing is needed.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) #21..
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42 The City of Modesto, through its engagement in the local CSOC, played a key role in the development of a Coordinated Entry system. Coordinated entry (also known as coordinated assessment system) is a consistent, community wide process to match people experiencing homelessness or at-risk of homelessness to community resources that are the best fit for their situation. In a community using Coordinated Entry, homeless individuals and families complete a standard triage assessment survey that identifies the best type of services for that household.
Participating programs accept referrals from the system, reducing the need for people to traverse the county seeking assistance at every provider separately. The process helps prioritize housing and homeless assistance based on vulnerability and severity of service needs to ensure that people who need assistance the most can receive it in a timely manner. The process also provides information about service needs and gaps to help plan assistance and Identify needed resources in our community. The community has worked hard to improve on this process and ensure that we are assisting poverty-level families, not only by prioritizing them for their housing needs but assessing all other needs. Now that these needs are assessed, case managers continue reaching out to the members to connect to applicable services until housing becomes available.
The City of Modesto has partnered with the Downtown Streets Team (DST), a non-profit organization that creates a safe and engaging space to train individuals experiencing homelessness. DST’s goal is to end homelessness by restoring dignity and rebuilding the lives of unhoused men and women by helping team members activate skills and attributes that are necessary to move toward employment, housing, and overall, a better quality of living. This is attained through things like maintaining a schedule, teamwork, accountability, self-confidence and more. Through a Structured Daily Activity (SDA) model, DST team members rebuild all of these as well as regain a sense of pride in, and stewardship of, their community and at the same time gain valuable experience they can list at the top of their resume to overcome long work experience gaps.
Actions taken to develop institutional structure. 91.220(k); 91.320(j) The City of Modesto has a well-developed institutional structure and service delivery system.
The City is the lead agency responsible for preparation of the Consolidated Annual Performance Plan (CAPER) and for administration of each grant program and its associated funding source(s).
Primary oversight of the City of Modesto's HUD entitlement grant programs comes from the Citizens' Housing and Community Development Committee (CH&CDC). This 13-member committee is appointed by the City of Modesto Council and is comprised of representatives from the City of Modesto Council, Planning Commission, Housing Rehabilitation Loan Committee, Human Relations Commission, and several citizens-at-large. The CH&CDC provides overall review of the City of Modesto’s housing programs, policies and makes funding #21..
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43 recommendations to the City of Modesto Council regarding HUD CDBG, ESG and HOME Grant programs as well as other one-time HUD funded programs.
To avoid a perceived conflict of interest, any individual who is a member of a board of directors or is employed by an agency that applies for or receives CDBG, ESG, HOME, or other HUD funding, is ineligible to vote on funding decisions involving their respective agencies.
The CH&CDC meets once a month. These meetings are publicly noticed, open to the public and are held at Tenth Street Place, 1010 Tenth Street, Modesto, California. To lessen the impact and exposure to the public and committee members. Public comments are encouraged and welcome. All HUD documents are vetted through the CH&CDC for review, approval, and forwarding to the City Council.
CEDD Housing Staff and Finance Department personnel continue to meet monthly to review processes and to monitor Federal program expenditures. Staff verified and cross-referenced the information on the monthly budget activity reports with supporting documentation maintained by the Division. For easy identification on both the City of Modesto’s financial reporting system and the Federal Integrated Disbursement and Information System (IDIS), Staff assigned an IDIS Activity number to all financial transactions.
Staff work closely with Finance, Public Works Departments and Parks Planning and Development Division to ensure:
• Capital Improvement Projects (CIPs) and Multi-Year Projects were on schedule and consistent with Federal program requirements (both statutory and regulatory), and • Program Year 2023-2024 accomplishments were reported to several community groups as well as the CSOC.
The City continues to carefully monitor subrecipients’ expenditures, and to address this commitment, staff will continue to work closely with every subrecipient to develop expenditure plans, if needed, to address potential expenditure deadlines in the future.
City staff provide ongoing technical assistance and/or training opportunities including but not limited to HMIS compliance; as well as Capacity Building sessions for grant applicants who may lack the expertise to apply for grant funding opportunities effectively (as explained in further detail below).
Institutional structure developments during Program Year 2023-2024 include the continuance of the Stanislaus Homeless Alliance (SHA).
The intent of the SHA, as a community wide leadership structure, is to develop one vision, one #21..
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44 program strategy, one funding strategy, and one annual report card to communicate performance outcomes to the community and serve as the framework for mutual accountability. To accomplish this, the SHA is intentionally designed to include elected officials, executive staff, and nongovernment community leaders to reinforce the core principle that effective solutions must include all sectors of the community working together with a common purpose and strategy. The SHA consists of the following organizations: Stanislaus County, City of Modesto, City of Turlock, City of Ceres, west County representative, east County representative, Focus on Prevention, Community System of Care, and Stanislaus Regional Housing Authority.
Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
Actions taken to enhance coordination between public and private housing and social services agencies included the following:
• Close consultation with the CSOC, which is made up of community representative stakeholders including but not limited to HUD entitlement jurisdictions, City and County service agencies, and non-profit service providers;
• Monthly meetings with its public and private housing development partners, which include local private CHDOs (e.g., Habitat for Humanity, Stanislaus County, Stanislaus Affordable Housing Corporation (STANCO), Great Valley Housing Development Corporation (GVHDC) and the Housing Authority (to enhance coordination in the areas of community housing and social services;
• Participation in Focus on Prevention initiative;
• Participation in the Stanislaus Homeless Alliance;
• CSOC membership efforts toward landlord engagement to secure additional housing units for the low-income population;
• Public and private partnerships built through the Camp2Home program implemented in FY 2023-2024.
Identify actions taken to overcome the effects of any impediments identified in the jurisdiction’s analysis of impediments to fair housing choice. 91.520(a) The City of Modesto’s Analysis of Impediments (AI) identified the following potential fair housing concerns:
• Access to information about housing availability and choices among recent immigrants who are disproportionately lower-income;
o Actions Taken: The Stanislaus Regional Housing Authority (Stan Regional) #21..
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45 operates seasonal migrant housing units throughout multiple communities within the county. The Stan Regional works with local government agencies and family resource centers to promote migrant housing opportunities. Staff also periodically meet with migrant service providers to educate their staff about affordable housing resources and how to access those resources (if not restricted to this population).
• Lack of access to adequate housing due to poor credit history, insufficient funds for moving expenses, and other factors among financially vulnerable groups, such as female-headed households with children and the homeless:
o Actions Taken: The City of Modesto supported non-profit housing developers in their efforts to make housing more affordable to lower income households.
These efforts include the support of intensive case management services to clients on a one-to-one basis to better ensure long-term housing success. In addition, the City partners with local public service providers that offer credit counseling and case management services as an effort to position families in securing adequate housing. The City supports through the waivers land lord engagement activities that creates a build a stronger housing support system for individuals facing these barriers.
• Barriers faced by large, low-income and moderate-income families due to occupancy restrictions imposed by rental property owners:
o Actions Taken: The City of Modesto contracts with Project Sentinel, the local fair housing service provider within Stanislaus County, that educates families/individuals of their rights under the law. Community Housing and Shelter Services partnered with a local for-profit housing developer to provide leased units to assist families unable to find any other affordable housing options due to occupancy restrictions. The City supports this project through landlord engagement activities that promotes building a stronger housing support system for individuals facing these barriers. In addition, the Community System of Care continues to explore ways to provide landlord incentives to entice landlords to participate in subsidized housing programs.
• The need to assist homeowners who have experienced foreclosure, who are disproportionately minority households, to find alternative living arrangements:
o Actions Taken: This is no longer a major impediment since foreclosure rates have significantly decreased since the recovery of the housing market. The City continues to observe housing market conditions in light of the foreclosure and eviction moratoriums due to the pandemic and will work with local partners to provide assistance if foreclosure rates increase, depending on what transpires in the housing market.
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46 CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
As the lead agency for City of Modesto HUD entitlement funds, staff monitors all subrecipients on a regular basis through written contacts, phone conversations, electronic information transfers, face-to-face monitoring visits and project file review, pursuant to applicable regulations. Monitoring is conducted to ensure statutory and regulatory requirements are met and that information submitted to City of Modesto is accurate and complete.
The City uses several project checklists to serve as project monitoring tools during project funding consideration, implementation, and completion. The first checklist is a project proposal checklist that identifies all agency and project related documentation needed for consideration of a project application for HUD funding. The information collected through this checklist is used to gauge and determine organizational capacity and project feasibility.
If awarded, a “project implementation” checklist is used to monitor the project from inception to completion and to ensure all project implementation documentation is collected for the project file including but not limited to procurement documentation, Section 3 New Rule and MBE/WBE compliance, Davis Bacon Act labor standards compliance, progress inspections, and collection of quarterly project status reports.
Minority Business Outreach Related to Monitoring: The City conducts due diligence in reaching out to minority owned businesses, also known as minority business enterprises (MBE), and encourages participation in HUD funded projects by such businesses. All HUD project proposal requests include information relating to compliance with Minority Business Enterprise and Woman Business Enterprise (MBE/WBE) reporting. MBE/WBE documentation is included in all Homeowner Rehabilitation Program bid solicitation packets and MBE solicitation is required of all City subrecipients. Monitoring is normally conducted utilizing a three (3) tiered approach. Depending upon the risk involved the following approaches are undertaken to monitor HUD funded projects:
Limited Review: A limited review is conducted of all contracts and projects on an annual basis.
The timing of this monitoring will be in alignment with an organization’s submittal of a Quarterly Performance Report and an Invoice for Payment for expenses incurred against their City grant over the previous 90 days.
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47 On-Site Monitoring Review: An on-site monitoring review will be a site visit to a contract program assisted with HUD funds and will achieve a balance between programmatic and fiscal reviews, and much documentation review can be done prior to the on-site visit. The on-site monitoring includes a visit of the program facilities as appropriate, an explanation of the services provided, discussions with program and administrative staff, and introduction to one or more actual beneficiaries, if possible. As a result of this visit, staff will determine whether an in-depth review is needed for further clarification of one or more issues identified during the on-site visit.
In-Depth Review: An in-depth review will be a concentrated and focused review around a particular activity or program area. This will typically be a concentrated review of a known highrisk area or critical function, such as but not limited to: a financial review for expenditures for eligible activities; financial review for expenditures that cannot be traced through sampling randomly selected files that includes supporting documentation; a program that requires donations as a condition of receiving service; management practices in affordable housing; section 504 and ADA compliance reviews upon receipt of a complaint; a fair housing complaint; denial of services for no valid reason; or failure to meet prevailing wage requirements in construction activities subject to Davis Bacon or other federal requirements.
In response to the COVID-19 pandemic, the City made slight adjustments to its monitoring process in order to eliminate or minimize in person contact for the safety of the public. These adjustments were conducted as follows:
Limited Review: All subrecipients were required to submit an electronic self-checklist review of 10% of their client files served during this program year.
On-Site Monitoring Review: For high risk subrecipients identified by award amounts or new to executing the identified program design, was required to send secured electronic files for City staff to review. City staff still conducted on-site reviews for subrecipients with no experience with federal funds.
In-Depth Review: No In-depth reviews were conducted this program year. Projects that would fall in this category were required to attend weekly project meetings.
The City’s overall monitoring efforts include tools that assist in the oversight of the City’s progress toward meeting its comprehensive planning requirements. The City assesses its progress toward Consolidated Plan goals on an annual basis and plans the following year’s objectives according to the progress made toward meeting its goals. #21..
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48 Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.
Reasonable notice and opportunity to comment was provided to citizens in the following ways:
The City of Modesto followed its citizen participation plan by releasing the Draft CAPER for public review on September 8, 2024, with a public review period to begin September 8, 2024, and end on September 24, 2024. A public hearing notice was published in both English and Spanish in The Modesto Bee on September 8, 2024, defining the CAPER review process and how persons, agencies, and interested groups may participate; as well as instructions on how to submit written comments. As part of the public review process, the Draft CAPER was distributed to the Stanislaus Community System of Care (also known as the Continuum of Care), the Stanislaus Homeless Alliance, and to those that subscribe to their listserv that includes over 400 individuals.
Also, the Draft CAPER was available on September 9, for public review and input, via the internet, on the City’s Community Development Division’s Publications and Reports website and copies of the Draft CAPER were made available for review at the Community Development Division’s office. A final public hearing to consider approval of the CAPER will be held September 24, 2024, before the Modesto City Council.
The City of Modesto’s CH&CDC will review and discuss the draft CAPER on September 12, 2024, and consider recommending that the CAPER be forwarded to the City of Modesto Council for review and approval. The public review period to review and comment on the draft document will be closed with a public hearing at the City of Modesto Council meeting on Tuesday, September 24, 2024.
The following table represents the meetings held for the 2023-2024 CAPER Citizen Participation:
Date/Time Meeting Name/Location Council
District
Public Comments
September 9, 2024 at 3:00 pm Airport Neighborhood
Collaborative Meeting
District 4 No Comment
September 10, 2024 at 6pm West Modesto
Community Collaborative
West
Modesto
This community
noted that they
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49 Meeting - District
2 would like to see
more rental
support programs
September 11, 2024, at
5:30p.m.
Stanislaus Homeless
Alliance
Citywide No Comments
September 12, 2024, at 12:00
p.m.
Citizens Housing and
Community
Development Committee
Citywide No Comments
September 19, 2024, at
2:30p.m.
Stanislaus Community
System of Care (CSOC)
Meeting (local CoC)
Citywide
September 24, 2024, at 5:30
p.m.
City Council
Meeting/CAPER Public
Hearing
Citywide
Spanish-speaking translators are available at all meetings. If a request for other language translators is made at least five (5) working days prior to a public meeting, translators will be provided.
The Citizens Housing & Community Development Committee (CH&CDC) provides an overall review of the City of Modesto's HUD funds. This Council-appointed committee provides policy and funding recommendations to the City of Modesto Council regarding the City of Modesto's use of HUD entitlement funds.
In FY 2023-2024, the City conducted citizen participation meetings in disadvantaged communities to engage low-income residents.
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.
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50 There was one amendment to Program Year 2023-2024.
Amendment #1
The purpose of Amendment #1 allowed projects to apply for the City’s HOME and other HUD funding to also declare a priority population, or tenant preferences to be served.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
Not Applicable. The City of Modesto does not have any open Brownfields Economic Development Initiatives.
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
Not Applicable.
CR-50 - HOME 91.520(d)
Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations Please list those projects that should have been inspected on-site this program year based upon the schedule in §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation.
It is the intent of the City of Modesto that HOME-assisted rental units are inspected for rent, income, housing quality, and other affordability criteria in accordance with the schedule provided in 24 CFR Part 92.252 as follows:
• Properties must be maintained to meet applicable State and local laws and be free of all health and safety defects all defects will be clearly identified for correction. • Housing must meet lead-based paint requirement in 24 CRF part 35. • Procedures put into place to ensure owner addresses deficiencies in a timely manner. • Establish written inspection standards that include detailed inspection checklist, a description of how and by whom inspections will be carried out. • All HOME- assisted rental projects must be inspected at least once every three years during the affordability period.
Our new software system Neighborly Software has been a beneficial centralized location for City of Modesto HUD funded projects and manages the regulatory monitoring schedule. #21..
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51 During Program year 2023-2024, the City was required to conduct on site Housing Quality Standard inspections (HQS) on 167 of the City’s 167 HOME assisted rental housing units and identified 7 units that failed inspection. The City is working with each of the property managers to bring the units into compliance and ensure that the properties are maintained to the standards outlined within the HOME policy.
Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units.
92.351(b)
The City’s HOME Program Policies and Procedures include an Affirmative Marketing Policy for use in its HOME funded projects. The policy reads:
• The City shall use a variety of public service announcements to inform persons of all genders, races, ages, ethnic groups, religious orientation, employment status, sources of income, marital status and sexual orientation of the availability of the housing opportunities made under the HOME Program.
To enforce this policy, the City:
Publishes information about programs it is implementing. Such information will include reference to the Affirmative Marketing Policy; Federal, State and local fair housing laws; and contain information on the program and housing units. Includes the requirements of an Affirmative Marketing Policy in its contractual agreements with subrecipients in the HOME Program.
Use the Equal Housing Opportunity logo, slogan, or statement in all advertising.
Both the borrowers/developers and the City of Modesto share the responsibility to inform the public about federal fair housing laws and affirmative marketing efforts. The City of Modesto, through its monitoring of the HOME units, evaluates the effectiveness of the marketing efforts.
The beneficiaries are held to the terms of the policy by reference in the HOME Loan Agreement and Trust Deed executed to secure the HOME loan.
Additionally, the City of Modesto Council appoints representative members of the community to serve on a joint Equal Opportunity/Disability and Human Relations Commission, whose primary responsibility is to advise and assist the City of Modesto Manager and staff in matters that relate to equal opportunity and persons with disabilities, and to make recommendations for furthering human relations and fair housing in the community, respectively. These commissions are comprised of members of protected classes, such as women, racial and ethnic minorities, persons with disabilities, etc.
On January 25, 2022, the City of Modesto’s Diversity, Equity, and Inclusion Program - Strength #21..
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52 in Difference was approved by Council. This includes several supporting plans and policies within the program: the 5-year Equal Employment Opportunity Plan; the Language Access Plan; the Americans with Disabilities (ADA) Plan; the City Policy Against Harassment and Discrimination; the Code of Ethics; and Complaint Procedure. To reference this plan https://www.modestogov.com/2819/Diversity-Equity-and-InclusionProgram#:~:text=Guiding%20Principles,of%20opportunity%20free%20from%20discrimination.
Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics.
In PY 2023-2024, a total of $1,199,751.27 in HOME program income was received. The program income received will assist with the future HOME projects. The City will be conducting a Request for Proposals to in PY 2022-2023 to Identify and secure additional HOME and HOME American Rescue Plan. Through this process the City committed HOME and HOME-ARP funds to the development of 54 permanent supportive housing units that will serve youth and general homeless. In addition, there were several projects identified in the pipeline and funds will be committed once all other sources are committed. These projects consist of 42 permanent supportive housing units and 79 standard affordable housing units. The City will report beneficiary data upon project completion in IDIS.
Describe other actions taken to foster and maintain affordable housing. 91.220(k) (STATES ONLY: Including the coordination of LIHTC with the development of affordable housing).
91.320(j)
Per 24 CFR 91.220(k) the goal in the coming year to address obstacles to meeting underserved needs, foster and maintain affordable housing, evaluate and reduce lead-based paint hazards, reduce the number of poverty-level families, develop institutional structure, and enhance coordination between public and private housing and social service agencies will be to reach out to our Entitlement Community Partners like Stanislaus County, the City of Turlock, and the Stanislaus Regional Housing Authority so that we can work together to combine efforts in the development that alleviates the items identified within the Analysis of Impediments to Fair Housing.
The City partnered with EAH Housing, a non-profit housing development corporation, in the construction of 74 units for Archway Commons. This project utilized a variety of layered funding including LIHTC for its development. This project broke ground in early PY 2022-2023 and complete in January 2024
Through the City’s homeowner rehabilitation program, we were able to address health and safety concerns of 10 housing units in the City of Modesto. We continue to partner with our Code Enforcement Team. All code enforcement violations are given further information #21..
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53 regarding our Homeowner Rehabilitation Program, so the City can assist with addressing these code concerns, and maintaining the affordable housing stock.
The City continues to review its loan profile affordability periods. For those projects which are approaching their affordability period, we intend to reach out to our community partners to see if we can extend the affordability on those units to ensure that we foster and maintain the affordable housing stock. The City works closely with public and private partners to renew or extend periods off affordability for housing complexes for which their affordability periods are nearing expiration.
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54 CR-60 - ESG 91.520(g) (ESG Recipients only)
ESG Supplement to the CAPER in e-snaps
For Paperwork Reduction Act
1. Recipient Information—All Recipients Complete
Basic Grant Information
Recipient Name MODESTO
Organizational DUNS Number 060125051
UEI
EIN/TIN Number 946000374
Identify the Field Office SAN FRANCISCO
Identify CoC(s) in which the recipient or
subrecipient(s) will provide ESG
assistance
Turlock/Modesto/Stanislaus County CoC
ESG Contact Name
Prefix Ms
First Name Jessica
Middle Name
Last Name Hill
Suffix
Title Director of Community and Economic Development
ESG Contact Address
Street Address 1 1010 10th Street
Street Address 2 Suite 3100
City Modesto
State CA
ZIP Code 95353-
Phone Number 2095775321
Extension
Fax Number
Email Address [email protected]
ESG Secondary Contact
Prefix Mr
First Name Edgar
Last Name Garcia
Suffix
Title Community Development Manager
Phone Number 2095715101
Extension
Email Address [email protected]
#21..
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55 2. Reporting Period—All Recipients Complete
Program Year Start Date 07/01/2023
Program Year End Date 06/30/2024
3a. Subrecipient Form – Complete one form for each subrecipient Subrecipient or Contractor Name: TURNING POINT OF CENTRAL CALIFORNIA City: Fresno
State: CA
Zip Code: ,
DUNS Number: 941719862
UEI: D9EWEFTMWFM7
Is subrecipient a victim services provider: N
Subrecipient Organization Type: Other Non-Profit Organization ESG Subgrant or Contract Award Amount: 15000
Subrecipient or Contractor Name: COMMUNITY HOUSING AND SHELTER SERVICES City: Modesto
State: CA
Zip Code: 95350, 5417
DUNS Number: 835658782
UEI: GNRJAGBXB8V6
Is subrecipient a victim services provider: N
Subrecipient Organization Type: Other Non-Profit Organization ESG Subgrant or Contract Award Amount: 35000
Subrecipient or Contractor Name: Center for Human Services City: Modesto
State: CA
Zip Code: 95350, 4373
DUNS Number: 038119202
UEI: NHBNA7JBL955
Is subrecipient a victim services provider: N
Subrecipient Organization Type: Other Non-Profit Organization ESG Subgrant or Contract Award Amount: 40000
#21..
- 1180 -
56 Subrecipient or Contractor Name: THE SALVATION ARMY - MODESTO CA City: Modesto
State: CA
Zip Code: 95354, 2225
DUNS Number: 074629460
UEI: LF19U9DKFQM6
Is subrecipient a victim services provider: N
Subrecipient Organization Type: Other Non-Profit Organization ESG Subgrant or Contract Award Amount: 48000
Narrative:
Subrecipient award amounts reflected in the Subrecipient Form above are inclusive of both CARES Act and Entitlement awards for PY 2023.
CR-65 - Persons Assisted
4. Persons Served
Per HUD instructions, CR-65 data (tables 16 to 23) are to be reported via the Sage report. The Sage report is included as part of this document as Attachment 1. 4a. Complete for Homelessness Prevention Activities
Number of Persons in
Households
Total
Adults See SAGE Report
Children See SAGE Report
Don’t Know/Refused/Other See SAGE Report
Missing Information See SAGE Report
Total See SAGE Report
Table 16 – Household Information for Homeless Prevention Activities #21..
- 1181 -
57 4b. Complete for Rapid Re-Housing Activities
Number of Persons in
Households
Total
Adults See SAGE Report
Children See SAGE Report
Don’t Know/Refused/Other See SAGE Report
Missing Information See SAGE Report
Total See SAGE Report
Table 17 – Household Information for Rapid Re-Housing Activities 4c. Complete for Shelter
Number of Persons in
Households
Total
Adults See SAGE Report
Children See SAGE Report
Don’t Know/Refused/Other See SAGE Report
Missing Information See SAGE Report
Total See SAGE Report
Table 18 – Shelter Information
4d. Street Outreach
Number of Persons in
Households
Total
Adults See SAGE Report
Children See SAGE Report
Don’t Know/Refused/Other See SAGE Report
Missing Information See SAGE Report
Total See SAGE Report
Table 19 – Household Information for Street Outreach
#21..
- 1182 -
58 4e. Totals for all Persons Served with ESG
Number of Persons in
Households
Total
Adults See SAGE Report
Children See SAGE Report
Don’t Know/Refused/Other See SAGE Report
Missing Information See SAGE Report
Total See SAGE Report
Table 20 – Household Information for Persons Served with ESG
5. Gender—Complete for All Activities
Total
Male See SAGE Report
Female See SAGE Report
Transgender See SAGE Report
Don't Know/Refused/Other See SAGE Report
Missing Information See SAGE Report
Total See SAGE Report
Table 21 – Gender Information
6. Age—Complete for All Activities
Total
Under 18 See SAGE Report
18-24 See SAGE Report
25 and over See SAGE Report
Don’t Know/Refused/Other See SAGE Report
Missing Information See SAGE Report
Total See SAGE Report
Table 22 – Age Information
#21..
- 1183 -
59 7. Special Populations Served—Complete for All Activities Number of Persons in Households
Subpopulation Total
Total Persons
Served –
Prevention
Total Persons
Served – RRH
Total Persons
Served in
Emergency
Shelters
Veterans
See SAGE Report
Victims of
Domestic
Violence
Elderly
HIV/AIDS
Chronically
Homeless
Persons with Disabilities:
Severely
Mentally Ill
Chronic
Substance
Abuse
Other
Disability
Total
(unduplicated
if possible)
See SAGE Report
Table 23 – Special Population Served
CR-70 – ESG 91.520(g) - Assistance Provided and Outcomes
10. Shelter Utilization
Number of New Units – Rehabbed See SAGE Report
Number of New Units – Conversion
Total Number of bed - nights available
Total Number of bed - nights provided
Capacity Utilization
Table 24 – Shelter Capacity
#21..
- 1184 -
60 CAPER.
CR-75 – Expenditures
11. Expenditures
11a. ESG Expenditures for Homelessness Prevention
Dollar Amount of Expenditures in Program Year
See SAGE Report
Expenditures for Rental Assistance
Expenditures for Hazard Pay (Cares Act Only)
Expenditures for Housing Relocation and
Stabilization Services - Financial Assistance
Expenditures for Housing Relocation &
Stabilization Services - Services
Expenditures for Homeless Prevention under
Emergency Shelter Grants Program
Subtotal Homelessness Prevention
Table 25 – ESG Expenditures for Homelessness Prevention 11b. ESG Expenditures for Rapid Re-Housing
Dollar Amount of Expenditures in Program Year
See SAGE Report
Expenditures for Rental Assistance
Expenditures for Housing Relocation and
Stabilization Services - Financial Assistance
Expenditures for Housing Relocation &
Stabilization Services - Services
Expenditures for Homeless Assistance under
Emergency Shelter Grants Program
Subtotal Rapid Re-Housing
Table 26 – ESG Expenditures for Rapid Re-Housing
#21..
- 1185 -
61 11c. ESG Expenditures for Emergency Shelter
Dollar Amount of Expenditures in Program Year
See SAGE Report
Essential Services
Operations
Hazard Pay (Cares Act Only)
Renovation
Major Rehab
Conversion
Subtotal
Table 27 – ESG Expenditures for Emergency Shelter
11d. Other Grant Expenditures
Dollar Amount of Expenditures in Program Year
See SAGE Report
Street Outreach
HMIS
Administration
Subtotal
Table 28 - Other Grant Expenditures
11e. Total ESG Grant Funds
#21..
- 1186 -
62 Total ESG Funds
Expended
See SAGE Report
Table 29 - Total ESG Funds Expended
11f. Match Source
See SAGE Report
Other Non-ESG HUD Funds
Other Federal Funds
State Government
Local Government
Private Funds
Other
Fees
Program Income
Total Match Amount
Table 30 - Other Funds Expended on Eligible ESG Activities 11g. Total
#21..
- 1187 -
63 Total Amount of Funds
Expended on ESG
Activities
See SAGE Report
ESG + Total Match
(11e+11f)
Table 31 - Total Amount of Funds Expended on ESG Activities #21..
- 1188 -
'Z
#21..
- 1189 -
#21..
- 1190 -
#21..
- 1191 -
#21..
- 1192 -
#21..
- 1193 -
#21..
- 1194 -
#21..
- 1195 -
#21..
- 1196 -
#21..
- 1197 -
#21..
- 1198 -
7/1/2023 to 6/30/2024
First Name
Middle Name
Last Name
Sux
Title
Street Address 1
Street Address 2
City
State
ZIP Code
E-mail Address
Phone Number
Extension
Fax Number
Did you create additional shelter beds/units through an ESG-funded rehab project Did you create additional shelter beds/units through an ESG-funded conversion project Are there any funded projects, except HMIS or Admin, which are not listed on the Project, Links and Uploads form? This includes projects in the HMIS and from VSP
Submission Overview: ESG: CAPER
Report: Period: Your user level here:
#21..
- 1199 -
Project outcomes are required for all CAPERS where the program year start date is 1-1-2021 or later. This form replaces the narrative in CR-70 of the eCon Planning Suite.
Based on the information from the Action Plan response previously provided to HUD:
If they are not measurable as written type in N/A as the answer.
If they are not measurable as written type in N/A as the answer.
If they were measurable and you answered above
type in N/A as the answer.
#21..
- 1200 -
As of 8/23/2024
Total $1,760,295.50 $1,760,295.50 $1,729,065.01 $1,729,065.01 $31,230.49 2023 E23MC060002 $161,451.00 $161,451.00 $130,220.51 $130,220.51 $31,230.49 8/17/2023 2022 E22MC060002 $158,817.00 $158,817.00 $158,817.00 $158,817.00 $0 11/4/2022 2021 E21MC060002 $162,119.00 $162,119.00 $162,119.00 $162,119.00 $0 9/1/2021 2020 E20MC060002 $164,549.00 $164,549.00 $164,549.00 $164,549.00 $0 10/6/2020 2019 E19MC060002 $170,023.00 $170,023.00 $170,023.00 $170,023.00 $0 7/31/2019 2018 E18MC060002 $164,535.00 $164,535.00 $164,535.00 $164,535.00 $0 11/27/2018 2017 E17MC060002 $168,471.00 $168,471.00 $168,471.00 $168,471.00 $0 10/19/2017 2016 E16MC060002 $166,397.00 $166,397.00 $166,397.00 $166,397.00 $0 8/22/2016 2015 E15MC060002 $167,909.00 $167,909.00 $167,909.00 $167,909.00 $0 9/29/2015 Rental Assistance
Relocation and Stabilization Services -
Financial Assistance
Relocation and Stabilization Services -
Services
Hazard Pay (unique activity)
Landlord Incentives (unique activity)
Volunteer Incentives (unique activity)
Training (unique activity)
Rental Assistance
Relocation and Stabilization Services -
Financial Assistance
Relocation and Stabilization Services -
Services
Hazard Pay (unique activity)
Landlord Incentives (unique activity)
Volunteer Incentives (unique activity)
Training (unique activity)
Essential Services
Operations
Renovation
Major Rehab
Conversion
Hazard Pay (unique activity)
Volunteer Incentives (unique activity)
Training (unique activity)
#21..
- 1201 -
Essential Services
Operations
Leasing existing real property or temporary
structures
Acquisition
Renovation
Hazard Pay (unique activity)
Volunteer Incentives (unique activity)
Training (unique activity)
Other Shelter Costs
Essential Services
Hazard Pay (unique activity)
Volunteer Incentives (unique activity)
Training (unique activity)
Handwashing Stations/Portable Bathrooms
(unique activity)
Cell Phones - for persons in CoC/YHDP
funded projects (unique activity)
Coordinated Entry COVID Enhancements
(unique activity)
Training (unique activity)
Vaccine Incentives (unique activity)
HMIS
Administration
Match
#21..
- 1202 -
Total regular ESG plus COVID expenditures
brought forward $130,220.51 $52,890.40 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total ESG used for COVID brought forward $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total ESG used for regular expenses which
requires a match $130,220.51 $52,890.40 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Match numbers from nancial form $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Match Percentage 0.00% 0.00% 0% 0% 0% 0% 0% 0% 0%
Other Non-ESG HUD Funds
Other Federal Funds
State Government
Local Government
Private Funds
Other
Fees
Program Income
Non Cash Match
Program income is the income received by the recipient or subrecipient directly generated by a grant supported activity. Program income is dened in 2 CFR §200.307.
More information is also available in the ESG CAPER Guidebook in the resources tab above.
Did the recipient earn program income from any ESG project during the program year? #21..
- 1203 -
WZ&
#21..
- 1204 -
PR26 - CDBG Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE: 1
13:44
09-05-24
Program Year 2023
MODESTO , CA
Metrics
Grantee
Program Year
PART I: SUMMARY OF CDBG RESOURCES
01 UNEXPENDED CDBG FUNDS AT END OF PREVIOUS PROGRAM YEAR 02 ENTITLEMENT GRANT
03 SURPLUS URBAN RENEWAL
04 SECTION 108 GUARANTEED LOAN FUNDS
05 CURRENT YEAR PROGRAM INCOME
05a CURRENT YEAR SECTION 108 PROGRAM INCOME (FOR SI TYPE) 06 FUNDS RETURNED TO THE LINE-OF-CREDIT
06a FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT
07 ADJUSTMENT TO COMPUTE TOTAL AVAILABLE
08 TOTAL AVAILABLE (SUM, LINES 01-07)
PART II: SUMMARY OF CDBG EXPENDITURES
09 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 10 ADJUSTMENT TO COMPUTE TOTAL AMOUNT SUBJECT TO LOW/MOD BENEFIT 11 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 09 + LINE 10) 12 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
13 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS
14 ADJUSTMENT TO COMPUTE TOTAL EXPENDITURES
15 TOTAL EXPENDITURES (SUM, LINES 11-14)
16 UNEXPENDED BALANCE (LINE 08 - LINE 15)
PART III: LOWMOD BENEFIT THIS REPORTING PERIOD
17 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS
18 EXPENDED FOR LOW/MOD MULTI-UNIT HOUSING
19 DISBURSED FOR OTHER LOW/MOD ACTIVITIES
20 ADJUSTMENT TO COMPUTE TOTAL LOW/MOD CREDIT
21 TOTAL LOW/MOD CREDIT (SUM, LINES 17-20)
22 PERCENT LOW/MOD CREDIT (LINE 21/LINE 11)
LOW/MOD BENEFIT FOR MULTI-YEAR CERTIFICATIONS
23 PROGRAM YEARS(PY) COVERED IN CERTIFICATION
24 CUMULATIVE NET EXPENDITURES SUBJECT TO LOW/MOD BENEFIT CALCULATION 25 CUMULATIVE EXPENDITURES BENEFITING LOW/MOD PERSONS
26 PERCENT BENEFIT TO LOW/MOD PERSONS (LINE 25/LINE 24) PART IV: PUBLIC SERVICE (PS) CAP CALCULATIONS
27 DISBURSED IN IDIS FOR PUBLIC SERVICES
28 PS UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 29 PS UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 30 ADJUSTMENT TO COMPUTE TOTAL PS OBLIGATIONS
31 TOTAL PS OBLIGATIONS (LINE 27 + LINE 28 - LINE 29 + LINE 30) 32 ENTITLEMENT GRANT
33 PRIOR YEAR PROGRAM INCOME
34 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PS CAP
35 TOTAL SUBJECT TO PS CAP (SUM, LINES 32-34)
36 PERCENT FUNDS OBLIGATED FOR PS ACTIVITIES (LINE 31/LINE 35) PART V: PLANNING AND ADMINISTRATION (PA) CAP
37 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
38 PA UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 39 PA UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 40 ADJUSTMENT TO COMPUTE TOTAL PA OBLIGATIONS
41 TOTAL PA OBLIGATIONS (LINE 37 + LINE 38 - LINE 39 +LINE 40) 42 ENTITLEMENT GRANT
43 CURRENT YEAR PROGRAM INCOME
44 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PA CAP
45 TOTAL SUBJECT TO PA CAP (SUM, LINES 42-44)
46 PERCENT FUNDS OBLIGATED FOR PA ACTIVITIES (LINE 41/LINE 45)
MODESTO , CA
2,023.00
3,368,800.57
1,784,411.00
0.00 0.00
213,057.58
0.00 0.00
0.00 0.00
5,366,269.15
2,401,930.72
0.00 2,401,930.72
392,068.19
342,424.50
0.00 3,136,423.41
2,229,845.74
0.00 1,085,778.59
1,316,152.13
0.00 2,401,930.72
100.00%
PY: 2023 PY: PY:
0.00 0.00
0.00%
322,203.50
25,082.54
0.00 (9,695.42)
337,590.62
1,784,411.00
487,714.36
0.00 2,272,125.36
14.86%
392,068.19
0.00 0.00
0.00 392,068.19
1,784,411.00
213,057.58
0.00 1,997,468.58
19.63%
#21..
- 1205 -
PR26 - CDBG Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE: 2
13:44
09-05-24
Program Year 2023
MODESTO , CA
LINE 17 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 17 No data returned for this view. This might be because the applied filter excludes all data.
LINE 18 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 18 Plan
Year
IDIS
Project IDIS Activity Activity Name MatrixCode
National
Objective Drawn Amount
2023
Total
6 1506 2023 CDBG 7th Street Village 01
01 LMH
Matrix Code 01
$1,085,778.59
$1,085,778.59
$1,085,778.59
LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
2015
2015
2022
2022
2022
2022
2022
2022
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2022
2023
2023
2023
2023
2022
2023
2023
2023
2023
2022
2022
2022
2023
2023
2023
2023
2022
2022
2022
2023
2023
2 2
5 5
5 5
7 7
7 7
7 7
7 7
7 7
7 7
7 7
7 7
7 7
7 7
7 7
7 7
7 7
7 7
7 7
9 9
9 2
2 1253
1253
1504
1504
1504
1504
1465
1474
1487
1487
1487
1491
1491
1491
1491
1490
1490
1490
1490
1475
1486
1486
1486
1486
1472
1488
1488
1488
1488
1471
1469
1469
1489
1489
1489
1489
1496
1496
1496
1497
1497
6850311
6874761
6874755
6874762
6934701
6934703
6850289
6850295
6850299
6874744
6934692
6850305
6874750
6878319
6934699
6850304
6874749
6878318
6934697
6934705
6850298
6874743
6878315
6934690
6850293
6850300
6874745
6878316
6934693
6850292
6850291
6874741
6850303
6874747
6878317
6934695
6842645
6897566
6937367
6850309
6874754
Ralston Towers - Senior Playground
Ralston Towers - Senior Playground
CDBG: Martin Luther King Park
CDBG: Martin Luther King Park
CDBG: Martin Luther King Park
CDBG: Martin Luther King Park
2022-2023 Center for Human Services (Pathways)
2022-2023 Youth For Christ
CDBG: 2023-2024 Center for Human Services (Pathways)
CDBG: 2023-2024 Center for Human Services (Pathways)
CDBG: 2023-2024 Center for Human Services (Pathways)
CDBG: 2023-2024 Youth For Christ
CDBG: 2023-2024 Youth For Christ
CDBG: 2023-2024 Youth For Christ
CDBG: 2023-2024 Youth For Christ
CDBG: 2023-2024 Haven Shelter
CDBG: 2023-2024 Haven Shelter
CDBG: 2023-2024 Haven Shelter
CDBG: 2023-2024 Haven Shelter
2022-2023 Downtown Streets Team
CDBG: 2023-2024 Project Sentinel - Fair Housing
CDBG: 2023-2024 Project Sentinel - Fair Housing
CDBG: 2023-2024 Project Sentinel - Fair Housing
CDBG: 2023-2024 Project Sentinel - Fair Housing
2022-2023 Children's Crisis Center - 30281
CDBG: 2023-2024 Children's Crisis Center
CDBG: 2023-2024 Children's Crisis Center
CDBG: 2023-2024 Children's Crisis Center
CDBG: 2023-2024 Children's Crisis Center
2022-2023 United Samaritan's Foundation
2022-2023 Community Housing and Shelter Services - HP
2022-2023 Community Housing and Shelter Services - HP
CDBG: 2023-2024 Community Housing and Shelter Services - HP CDBG: 2023-2024 Community Housing and Shelter Services - HP CDBG: 2023-2024 Community Housing and Shelter Services - HP CDBG: 2023-2024 Community Housing and Shelter Services - HP RLF: 2023-2024 Affordable Housing Owner Occupied Rehabilitation RLF: 2023-2024 Affordable Housing Owner Occupied Rehabilitation RLF: 2023-2024 Affordable Housing Owner Occupied Rehabilitation CDBG: 2023-2024 Housing Rehabilitation Administration (14H) CDBG: 2023-2024 Housing Rehabilitation Administration (14H) 03F
03F
03F
03F
03F
03F
03F
05D
05D
05D
05D
05D
05D
05D
05D
05D
05D
05G
05G
05G
05G
05G
05H
05H
05J
05J
05J
05J
05J
05N
05N
05N
05N
05N
05N
05W
05W
05Z
05Z
05Z
05Z
05Z
05Z
05Z
14A
14A
14A
14A
14H
14H
LMA
LMA
LMA
LMA
LMA
LMA
Matrix Code 03F
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
Matrix Code 05D
LMC
LMC
LMC
LMC
Matrix Code 05G
LMC
Matrix Code 05H
LMC
LMC
LMC
LMC
Matrix Code 05J
LMC
LMC
LMC
LMC
LMC
Matrix Code 05N
LMC
Matrix Code 05W
LMC
LMC
LMC
LMC
LMC
LMC
Matrix Code 05Z
LMH
LMH
LMH
Matrix Code 14A
LMH
LMH
$4,384.55
$2,492.02
$323,956.60
$1,518.36
$6,444.37
$24,525.04
$363,320.94
$552.69
$508.80
$1,766.19
$13,520.07
$28,104.86
$1,269.92
$9,629.94
$12,858.86
$24,821.33
$93,032.66
$1,784.30
$14,935.63
$7,450.42
$24,535.04
$48,705.39
$64,695.42
$64,695.42
$1,781.92
$681.60
$8,574.02
$13,655.60
$24,693.14
$297.04
$1,277.94
$16,667.75
$247.85
$32,671.62
$51,162.20
$763.23
$763.23
$3,713.25
$10,068.01
$7,492.44
$8,385.66
$6,118.34
$3,373.76
$39,151.46
$47,670.00
$122,612.00
$118,471.00
$288,753.00
$118,804.81
$59,922.67
#21..
- 1206 -
PR26 - CDBG Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE: 3
13:44
09-05-24
Program Year 2023
MODESTO , CA
Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
2023
2023
2023
2023
2022
Total
2 2
2 2
6 1497
1497
1497
1497
1483
6878320
6900396
6934709
6937100
6850296
CDBG: 2023-2024 Housing Rehabilitation Administration (14H) CDBG: 2023-2024 Housing Rehabilitation Administration (14H) CDBG: 2023-2024 Housing Rehabilitation Administration (14H) CDBG: 2023-2024 Housing Rehabilitation Administration (14H) 2022-2023 CDBG - 308 Locust
14H
14H
14H
14H
14H
14I
14I
LMH
LMH
LMH
LMH
Matrix Code 14H
LMH
Matrix Code 14I
$22,907.86
$31,326.24
$106,143.23
$1,000.00
$340,104.81
$1,769.88
$1,769.88
$1,316,152.13
LINE 27 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 27 Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number
Activity to
prevent,
prepare for,
and respond
to
Coronavirus
Activity Name Grant Number Fund
Type
Matrix
Code
National
Objective
Drawn Amount
2022
2022
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2022
2022
2023
2023
2023
2023
2022
2023
2023
2023
2023
2022
2022
2022
2023
2023
2023
2023
Total
7 7
7 7
7 7
7 7
7 7
7 7
7 7
7 7
7 7
7 7
7 7
7 7
7 7
7 7
7 7
7 1465
1474
1487
1487
1487
1491
1491
1491
1491
1490
1490
1490
1490
1475
1475
1486
1486
1486
1486
1472
1488
1488
1488
1488
1471
1469
1469
1489
1489
1489
1489
6850289
6850295
6850299
6874744
6934692
6850305
6874750
6878319
6934699
6850304
6874749
6878318
6934697
6934705
6934705
6850298
6874743
6878315
6934690
6850293
6850300
6874745
6878316
6934693
6850292
6850291
6874741
6850303
6874747
6878317
6934695
No
No
No
No
No
No
No
No
No
No
No
No
No
Yes
Yes
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
Yes
2022-2023 Center for Human Services (Pathways)
2022-2023 Youth For Christ
CDBG: 2023-2024 Center for Human Services (Pathways)
CDBG: 2023-2024 Center for Human Services (Pathways)
CDBG: 2023-2024 Center for Human Services (Pathways)
CDBG: 2023-2024 Youth For Christ
CDBG: 2023-2024 Youth For Christ
CDBG: 2023-2024 Youth For Christ
CDBG: 2023-2024 Youth For Christ
CDBG: 2023-2024 Haven Shelter
CDBG: 2023-2024 Haven Shelter
CDBG: 2023-2024 Haven Shelter
CDBG: 2023-2024 Haven Shelter
2022-2023 Downtown Streets Team
2022-2023 Downtown Streets Team
CDBG: 2023-2024 Project Sentinel - Fair Housing
CDBG: 2023-2024 Project Sentinel - Fair Housing
CDBG: 2023-2024 Project Sentinel - Fair Housing
CDBG: 2023-2024 Project Sentinel - Fair Housing
2022-2023 Children's Crisis Center - 30281
CDBG: 2023-2024 Children's Crisis Center
CDBG: 2023-2024 Children's Crisis Center
CDBG: 2023-2024 Children's Crisis Center
CDBG: 2023-2024 Children's Crisis Center
2022-2023 United Samaritan's Foundation
2022-2023 Community Housing and Shelter Services - HP
2022-2023 Community Housing and Shelter Services - HP
CDBG: 2023-2024 Community Housing and Shelter Services - HP CDBG: 2023-2024 Community Housing and Shelter Services - HP CDBG: 2023-2024 Community Housing and Shelter Services - HP CDBG: 2023-2024 Community Housing and Shelter Services - HP Activity to prevent, prepare for, and respond to Coronavirus Activity to prevent, prepare for, and respond to Coronavirus B22MC060002
B22MC060002
B23MC060002
B23MC060002
B23MC060002
B23MC060002
B23MC060002
B23MC060002
B23MC060002
B23MC060002
B23MC060002
B23MC060002
B23MC060002
B20MC060002
B22MC060002
B23MC060002
B23MC060002
B23MC060002
B23MC060002
B22MC060002
B23MC060002
B23MC060002
B23MC060002
B23MC060002
B22MC060002
B22MC060002
B22MC060002
B23MC060002
B23MC060002
B23MC060002
B23MC060002
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
05D
05D
05D
05D
05D
05D
05D
05D
05D
05D
05G
05G
05G
05G
05G
05H
05H
05H
05J
05J
05J
05J
05J
05N
05N
05N
05N
05N
05N
05W
05W
05Z
05Z
05Z
05Z
05Z
05Z
05Z
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
Matrix Code 05D
LMC
LMC
LMC
LMC
Matrix Code 05G
LMC
LMC
Matrix Code 05H
LMC
LMC
LMC
LMC
Matrix Code 05J
LMC
LMC
LMC
LMC
LMC
Matrix Code 05N
LMC
Matrix Code 05W
LMC
LMC
LMC
LMC
LMC
LMC
Matrix Code 05Z
$552.69
$508.80
$1,766.19
$13,520.07
$28,104.86
$1,269.92
$9,629.94
$12,858.86
$24,821.33
$93,032.66
$1,784.30
$14,935.63
$7,450.42
$24,535.04
$48,705.39
$9,695.42
$55,000.00
$64,695.42
$1,781.92
$681.60
$8,574.02
$13,655.60
$24,693.14
$297.04
$1,277.94
$16,667.75
$247.85
$32,671.62
$51,162.20
$763.23
$763.23
$3,713.25
$10,068.01
$7,492.44
$8,385.66
$6,118.34
$3,373.76
$39,151.46
$257,508.08
$64,695.42
$322,203.50
LINE 37 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 37 Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
2023
2023
2023
2023
2023
2023
2023
1 1
1 1
1 1
1 1503
1503
1503
1503
1503
1503
1503
6850288
6874739
6874759
6874760
6878312
6900395
6934686
CDBG: 2023-2024 CDBG Administration
CDBG: 2023-2024 CDBG Administration
CDBG: 2023-2024 CDBG Administration
CDBG: 2023-2024 CDBG Administration
CDBG: 2023-2024 CDBG Administration
CDBG: 2023-2024 CDBG Administration
CDBG: 2023-2024 CDBG Administration
21A
21A
21A
21A
21A
21A
21A
$196,396.92
$41,652.12
$1,002.60
$18,249.29
$41,774.90
$66,941.66
$26,050.70
#21..
- 1207 -
PR26 - CDBG Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE: 4
13:44
09-05-24
Program Year 2023
MODESTO , CA
Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
Total
21A Matrix Code 21A $392,068.19
$392,068.19
#21..
- 1208 -
PR26 - Activity Summary by Selected Grant
Date Generated: 09/05/2024
Grantee: MODESTO
Grant Year: 2023, 2022, 2021
Formula and Competitive Grants only, CARES Act Grants only State Grantee Grant Grant Activity Matrix National IDIS Activity Amount Funded Amount Drawn Total Grant Amount for CDBG 2023 Grant year B23MC060002 Grant Number = $1,784,411.00 % of CDBG Drawn Total CDBG Funded
Name Year Number Group Code Objective Activity Status From Selected Grant From Selected Grant From Selected Amount Grant/Grant
Amount
(All Years All Sources)
Activity to prevent,
prepare for, and
respond to Coronavirus
Total CDBG Drawn
Amount
(All Years All Sources)
CA MODESTO 2023 B23MC060002 Acquisition 01 LMH 1506 No Open $565,343.55 $565,343.55 $1,085,778.59 $1,085,778.59 Total Acquisition $565,343.55 $565,343.55 31.68% $1,085,778.59 $1,085,778.59 CA MODESTO 2023 B23MC060002 Administrative And Planning 21A 1503 No Open $356,882.20 $356,882.20 $392,068.19 $392,068.19 Total Administrative And Planning $356,882.20 $356,882.20 20.00% $392,068.19 $392,068.19 CA MODESTO 2023 B23MC060002 Housing 14H LMH 1497 No Open $157,480.69 $157,480.69 $340,104.81 $340,104.81 Total Housing $157,480.69 $157,480.69 8.83% $340,104.81 $340,104.81 CA MODESTO 2023 B23MC060002 Public Improvements 03F LMA 1504 No Open $39,525.04 $30,969.41 $365,000.00 $356,444.37 CA MODESTO 2023 B23MC060002 Public Improvements 03K LMH 1314 No Open $423,574.46 $0.00 $717,692.48 $294,118.02 Total Public Improvements $463,099.50 $30,969.41 1.74% $1,082,692.48 $650,562.39 CA MODESTO 2023 B23MC060002 Public Services 05D LMC 1487 No Open $43,391.12 $43,391.12 $43,391.12 $43,391.12 CA MODESTO 2023 B23MC060002 Public Services 05D LMC 1491 No Open $48,580.05 $48,580.05 $48,580.05 $48,580.05 CA MODESTO 2023 B23MC060002 Public Services 05G LMC 1490 No Open $48,705.39 $48,705.39 $48,705.39 $48,705.39 CA MODESTO 2023 B23MC060002 Public Services 05H LMC 1475 Yes Open $0.00 $0.00 $110,000.00 $110,000.00 CA MODESTO 2023 B23MC060002 Public Services 05J LMC 1486 No Open $24,693.14 $24,693.14 $24,693.14 $24,693.14 CA MODESTO 2023 B23MC060002 Public Services 05N LMC 1488 No Open $50,865.16 $50,865.16 $50,865.16 $50,865.16 CA MODESTO 2023 B23MC060002 Public Services 05Z LMC 1489 No Open $25,370.20 $25,370.20 $25,370.20 $25,370.20 Total Public Services $241,605.06 $241,605.06 13.54% $351,605.06 $351,605.06 CARES Related Public Services $0.00 $0.00 0.00% $110,000.00 $110,000.00 Non CARES Related Public Services $241,605.06 $241,605.06 13.54% $241,605.06 $241,605.06 Total 2023 $1,784,411.00 $1,352,280.91 75.78% $3,252,249.13 $2,820,119.04 State Grantee Grant Grant Activity Matrix National IDIS Activity Amount Funded Amount Drawn Total Grant Amount for CDBG 2022 Grant year B22MC060002 Grant Number = $1,836,974.00 % of CDBG Drawn Total CDBG Funded
Name Year Number Group Code Objective Activity Status From Selected Grant From Selected Grant From Selected Amount Grant/Grant
Amount
(All Years All Sources)
Activity to prevent,
prepare for, and
respond to Coronavirus
Total CDBG Drawn
Amount
(All Years All Sources)
CA MODESTO 2022 B22MC060002 Acquisition 01 LMH 1506 No Open $520,435.04 $520,435.04 $1,085,778.59 $1,085,778.59 #21..
- 1209 -
Total Acquisition $520,435.04 $520,435.04 28.33% $1,085,778.59 $1,085,778.59 CA MODESTO 2022 B22MC060002 Administrative And Planning 21A 1464 No Completed $367,394.80 $367,394.80 $464,419.92 $464,419.92 Total Administrative And Planning $367,394.80 $367,394.80 20.00% $464,419.92 $464,419.92 CA MODESTO 2022 B22MC060002 Housing 14H LMH 1468 No Completed $12,560.52 $12,560.52 $262,560.52 $262,560.52 CA MODESTO 2022 B22MC060002 Housing 14H LMH 1497 No Open $175,357.72 $175,357.72 $340,104.81 $340,104.81 CA MODESTO 2022 B22MC060002 Housing 14I LMH 1483 No Completed $1,431.10 $1,431.10 $33,883.35 $33,883.35 Total Housing $189,349.34 $189,349.34 10.31% $636,548.68 $636,548.68 CA MODESTO 2022 B22MC060002 Public Improvements 03E LMA 1373 No Completed $3,562.94 $3,562.94 $637,644.34 $637,644.34 CA MODESTO 2022 B22MC060002 Public Improvements 03F LMA 1253 No Completed $894.20 $894.20 $705,000.00 $705,000.00 CA MODESTO 2022 B22MC060002 Public Improvements 03F LMA 1504 No Open $323,956.60 $323,956.60 $365,000.00 $356,444.37 CA MODESTO 2022 B22MC060002 Public Improvements 03K LMH 1314 No Open $0.00 $0.00 $717,692.48 $294,118.02 Total Public Improvements $328,413.74 $328,413.74 17.88% $2,425,336.82 $1,993,206.73 CA MODESTO 2022 B22MC060002 Public Services 05D LMC 1465 No Completed $44,421.36 $44,421.36 $44,421.36 $44,421.36 CA MODESTO 2022 B22MC060002 Public Services 05D LMC 1474 No Completed $23,304.74 $23,304.74 $23,304.74 $23,304.74 CA MODESTO 2022 B22MC060002 Public Services 05H LMC 1475 Yes Open $67,216.68 $67,216.68 $110,000.00 $110,000.00 CA MODESTO 2022 B22MC060002 Public Services 05J LMC 1470 No Completed $25,275.21 $25,275.21 $28,471.90 $28,471.90 CA MODESTO 2022 B22MC060002 Public Services 05N LMC 1472 No Completed $37,738.27 $37,738.27 $37,738.27 $37,738.27 CA MODESTO 2022 B22MC060002 Public Services 05N LMC 1473 No Completed $36,983.40 $36,983.40 $36,983.40 $36,983.40 CA MODESTO 2022 B22MC060002 Public Services 05W LMC 1471 No Completed $32,255.45 $32,255.45 $32,255.45 $32,255.45 CA MODESTO 2022 B22MC060002 Public Services 05Z LMC 1469 No Completed $43,394.14 $43,394.14 $43,394.14 $43,394.14 Total Public Services $310,589.25 $310,589.25 16.91% $356,569.26 $356,569.26 CARES Related Public Services $67,216.68 $67,216.68 3.66% $110,000.00 $110,000.00 Non CARES Related Public Services $243,372.57 $243,372.57 13.25% $246,569.26 $246,569.26 CA MODESTO 2022 B22MC060002 Repayments Of Section 108 Loans 19F 1498 No Completed $120,791.83 $120,791.83 $342,424.50 $342,424.50 Total Repayments Of Section 108 Loans $120,791.83 $120,791.83 6.58% $342,424.50 $342,424.50 Total 2022 $1,836,974.00 $1,836,974.00 100.00% $5,311,077.77 $4,878,947.68 State Grantee Grant Grant Activity Matrix National IDIS Activity Amount Funded Amount Drawn Total Grant Amount for CDBG 2021 Grant year B21MC060002 Grant Number = $1,889,322.00 % of CDBG Drawn Total CDBG Funded
Name Year Number Group Code Objective Activity Status From Selected Grant From Selected Grant From Selected Amount Grant/Grant
Amount
(All Years All Sources)
Activity to prevent,
prepare for, and
respond to Coronavirus
Total CDBG Drawn
Amount
(All Years All Sources)
CA MODESTO 2021 B21MC060002 Administrative And Planning 21A 1440 No Completed $377,810.21 $377,810.21 $438,510.35 $438,510.35 Total Administrative And Planning $377,810.21 $377,810.21 20.00% $438,510.35 $438,510.35 CA MODESTO 2021 B21MC060002 Housing 14H LMH 1442 No Completed $0.00 $0.00 $177,424.87 $177,424.87 CA MODESTO 2021 B21MC060002 Housing 14H LMH 1468 No Completed $250,000.00 $250,000.00 $262,560.52 $262,560.52 #21..
- 1210 -
CA MODESTO 2021 B21MC060002 Housing 14I LMH 1483 No Completed $1,769.88 $1,769.88 $33,883.35 $33,883.35 Total Housing $251,769.88 $251,769.88 13.33% $473,868.74 $473,868.74 CA MODESTO 2021 B21MC060002 Public Improvements 03E LMA 1373 No Completed $219,181.67 $219,181.67 $637,644.34 $637,644.34 CA MODESTO 2021 B21MC060002 Public Improvements 03F LMA 1253 No Completed $395,275.89 $395,275.89 $705,000.00 $705,000.00 CA MODESTO 2021 B21MC060002 Public Improvements 03F LMA 1504 No Open $0.00 $0.00 $365,000.00 $356,444.37 Total Public Improvements $614,457.56 $614,457.56 32.52% $1,707,644.34 $1,699,088.71 CA MODESTO 2021 B21MC060002 Public Services 05D LMC 1444 No Completed $40,225.29 $40,225.29 $41,873.81 $41,873.81 CA MODESTO 2021 B21MC060002 Public Services 05G LMC 1447 No Completed $38,269.64 $38,269.64 $38,603.64 $38,603.64 CA MODESTO 2021 B21MC060002 Public Services 05H LMC 1448 No Completed $23,991.06 $23,991.06 $32,909.00 $32,909.00 CA MODESTO 2021 B21MC060002 Public Services 05H LMC 1449 Yes Completed $49,000.00 $49,000.00 $49,000.00 $49,000.00 CA MODESTO 2021 B21MC060002 Public Services 05J LMC 1446 Yes Completed $41,699.37 $41,699.37 $42,034.47 $42,034.47 CA MODESTO 2021 B21MC060002 Public Services 05L LMC 1445 No Completed $34,332.87 $34,332.87 $41,882.06 $41,882.06 Total Public Services $227,518.23 $227,518.23 12.04% $246,302.98 $246,302.98 CARES Related Public Services $90,699.37 $90,699.37 4.80% $91,034.47 $91,034.47 Non CARES Related Public Services $136,818.86 $136,818.86 7.24% $155,268.51 $155,268.51 CA MODESTO 2021 B21MC060002 Repayments Of Section 108 Loans 19F 1466 No Completed $196,133.45 $196,133.45 $334,838.50 $334,838.50 CA MODESTO 2021 B21MC060002 Repayments Of Section 108 Loans 19F 1498 No Completed $221,632.67 $221,632.67 $342,424.50 $342,424.50 Total Repayments Of Section 108 Loans $417,766.12 $417,766.12 22.11% $677,263.00 $677,263.00 Total 2021 $1,889,322.00 $1,889,322.00 100.00% $3,543,589.41 $3,535,033.78 Grand Total $5,510,707.00 $5,078,576.91 92.16% $12,106,916.31 $11,234,100.50 #21..
- 1211 -
PR26 - CDBG-CV Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE: 1
12:31
09-03-24
MODESTO , CA
Metrics
New Grantee (CV)
PART I: SUMMARY OF CDBG-CV RESOURCES
01 CDBG-CV GRANT
02 FUNDS RETURNED TO THE LINE-OF-CREDIT
03 FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT
04 TOTAL CDBG-CV FUNDS AWARDED
PART II: SUMMARY OF CDBG-CV EXPENDITURES
05 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 06 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
07 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS
08 TOTAL EXPENDITURES (SUM, LINES 05 - 07)
09 UNEXPENDED BALANCE (LINE 04 - LINE8 )
PART III: LOWMOD BENEFIT FOR THE CDBG-CV GRANT
10 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS
11 EXPENDED FOR LOW/MOD MULTI-UNIT HOUSING
12 DISBURSED FOR OTHER LOW/MOD ACTIVITIES
13 TOTAL LOW/MOD CREDIT (SUM, LINES 10 - 12)
14 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 05)
15 PERCENT LOW/MOD CREDIT (LINE 13/LINE 14)
PART IV: PUBLIC SERVICE (PS) CALCULATIONS
16 DISBURSED IN IDIS FOR PUBLIC SERVICES
17 CDBG-CV GRANT
18 PERCENT OF FUNDS DISBURSED FOR PS ACTIVITIES (LINE 16/LINE 17) PART V: PLANNING AND ADMINISTRATION (PA) CAP
19 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
20 CDBG-CV GRANT
21 PERCENT OF FUNDS DISBURSED FOR PA ACTIVITIES (LINE 19/LINE 20)
MODESTO , CA
2,385,772.00
0.00 0.00
2,385,772.00
1,908,619.49
477,152.51
0.00 2,385,772.00
0.00 0.00
0.00 1,908,619.49
1,908,619.49
1,908,619.49
100.00%
567,809.41
2,385,772.00
23.80%
477,152.51
2,385,772.00
20.00%
#21..
- 1212 -
PR26 - CDBG-CV Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE: 2
12:31
09-03-24
MODESTO , CA
LINE 10 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 10 No data returned for this view. This might be because the applied filter excludes all data.
LINE 11 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 11 No data returned for this view. This might be because the applied filter excludes all data.
LINE 12 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 12 Plan Year IDIS Project IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
2019 32 1359
1390
1391
1392
1393
1394
1395
1396
1397
1398
1399
1400
1401
1402
1403
1404
1405
1406
1407
1408
1409
1410
6447171
6435606
6499277
6435604
6435605
6499280
6435607
6499282
6435608
6499284
6435609
6444098
6435611
6499285
6435613
6507863
6435614
6435615
6507865
6435617
6435618
6435619
6435620
6435621
6499286
6507866
6435622
6435623
6435624
6499289
6507867
6435625
6435628
6507868
6435630
6444099
6435632
CDBG-CV: 2019 MAGIC NAIL SALON
CDBG-CV: 2019 TROPICANA INC. DBA THE TIKI LOUNGE
CDBG-CV: 2019 TROPICANA INC. DBA THE TIKI LOUNGE
CDBG-CV: 2019 ARMANDO'S CABINETS
CDBG-CV: 2019 ARMANDO'S CABINETS
CDBG-CV: 2019 ARMANDO'S CABINETS
CDBG-CV: 2019 LOCAL TOWN UPHOLSTERY
CDBG-CV: 2019 LOCAL TOWN UPHOLSTERY
CDBG-CV: 2019 NORTH CHINA TOWN RESTAURANT
CDBG-CV: 2019 NORTH CHINA TOWN RESTAURANT
CDBG-CV: 2019 ROSE GARDEN FLORIST
CDBG-CV: 2019 ROSE GARDEN FLORIST
CDBG-CV: 2019 SAMS AUTO SALES
CDBG-CV: 2019 SAMS AUTO SALES
CDBG-CV: 2019 VENTRA FOOD SERVICES
CDBG-CV: 2019 VENTRA FOOD SERVICES
CDBG-CV: 2019 STANISLAUS BREWING CO.
CDBG-CV: 2019 TAQUERIA MIS COMPADRES
CDBG-CV: 2019 TAQUERIA MIS COMPADRES
CDBG-CV: 2019 MODESTO INDOOR SOCCER
CDBG-CV: 2019 WORKPLACE SOLUTIONS INC
CDBG-CV: 2019 A PLUS MASSAGE
CDBG-CV: 2019 ARA DENTURE LAB
CDBG-CV: 2019 LEDERLE MY MAIL BOX
CDBG-CV: 2019 LEDERLE MY MAIL BOX
CDBG-CV: 2019 LEDERLE MY MAIL BOX
CDBG-CV: 2019 P WEXFORD PUB/ 4R CLOVER
CDBG-CV: 2019 ADDICTION FREE RECOVERY CENTER
CDBG-CV: 2019 RIVETS AMERICAN GRILL
CDBG-CV: 2019 RIVETS AMERICAN GRILL
CDBG-CV: 2019 RIVETS AMERICAN GRILL
CDBG-CV: 2019 THE BOARDROOM
CDBG-CV: 2019 HOMESMART INC
CDBG-CV: 2019 HOMESMART INC
CDBG-CV: 2019 TRANSCEND FITNESS
CDBG-CV: 2019 TRANSCEND FITNESS
dCDBG-CV: 2019 GORGEOUS NAILS
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
$10,472.85
$11,242.16
$174.55
$10,000.00
$943.31
$130.93
$11,422.79
$174.55
$10,245.37
$785.51
$10,660.97
$305.48
$8,469.20
$261.83
$10,622.64
$610.96
$10,920.52
$10,085.67
$349.10
$11,071.79
$10,531.61
$10,845.78
$10,614.50
$10,769.11
$218.20
$436.40
$10,522.23
$10,339.77
$10,652.25
$218.20
$872.78
$10,501.74
$10,561.01
$261.83
$10,471.87
$130.93
$10,416.24
#21..
- 1213 -
PR26 - CDBG-CV Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE: 3
12:31
09-03-24
MODESTO , CA
Plan Year IDIS Project IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
2019 32 1410
1411
1412
1413
1414
1415
1416
1417
1418
1419
1420
1421
1422
1424
1425
1426
1427
1428
1429
1430
1431
1432
1433
1434
1435
1436
1438
6499290
6507870
6435633
6499291
6507871
6435859
6447172
6435864
6435868
6435871
6435874
6447174
6435876
6499292
6507872
6435878
6435881
6435931
6444100
6435902
6507873
6435909
6507874
6435911
6435913
6435914
6435915
6435916
6435917
6435920
6435924
6435925
6435927
6435929
6499298
6507879
6526290
6536895
6556885
6562678
6499294
6507877
6526288
6556883
6562676
6580893
6609779
6621366
6644052
6665124
6694078
6721366
6742997
6754349
6795789
6809932
6849191
6896730
6499299
6507880
6526291
dCDBG-CV: 2019 GORGEOUS NAILS
dCDBG-CV: 2019 GORGEOUS NAILS
CDBG-CV: 2019 PHILIP OPENSHAW DDS INC
CDBG-CV: 2019 PHILIP OPENSHAW DDS INC
CDBG-CV: 2019 PHILIP OPENSHAW DDS INC
CDBG-CV: 2019 9D VIRTUAL REALITY ADVENTURE
CDBG-CV: 2019 9D VIRTUAL REALITY ADVENTURE
CDBG-CV: INTERNATIONAL BEAUTY ACADEMY
CDBG-CV: 2019 MCHENRY BOWL
CDBG-CV: 2019 HALFORDS CLEANER
CDBG-CV: 2019 HOKI TO GO INC
CDBG-CV: 2019 HOKI TO GO INC
CDBG-CV: 2019 STANISLAUS VISION ASSOCIATES
CDBG-CV: 2019 STANISLAUS VISION ASSOCIATES
CDBG-CV: 2019 STANISLAUS VISION ASSOCIATES
CDBG-CV: 2019 BAGELS N MORE
CDBG-CV: 2019 SUPER GYROS RESTAURANT LP
CDBG-CV: 2019 LICE CLINICS OF AMERICA
CDBG-CV: 2019 LICE CLINICS OF AMERICA
CDBG-CV: 2019 CLASSIC DRY CLEANERS
CDBG-CV: 2019 CLASSIC DRY CLEANERS
CDBG-CV: 2019 ELITE TIRE AND AUTO
CDBG-CV: 2019 ELITE TIRE AND AUTO
CDBG-CV: 2019 PINNACLE HEALTH CENTER
CDBG-CV: 2019 MARLA C. LAMBERT
CDBG-CV: 2019 CITY CEL WIRELESS LLC
CDBG-CV: 2019 LINDA M. ELLISON, CPA
CDBG-CV: 2019 VEGAS FURNITURE INC
CDBG-CV: 2019 ONCE UPON A CHILD
CDBG-CV: 2019 A. PATEL DDS INC.
CDBG-CV: 2019 MR. GILL'S MARKET AND GRILL
CDBG-CV: 2019 GRAFFITI DOGS
CDBG-CV: 2019 HENRY H. VU, DDS
CDBG-CV: JAMAL AFGHAN RESTAURANT AND MARKET
CDBG-CV: 2019 Children's Crisis Center
CDBG-CV: 2019 Children's Crisis Center
CDBG-CV: 2019 Children's Crisis Center
CDBG-CV: 2019 Children's Crisis Center
CDBG-CV: 2019 Children's Crisis Center
CDBG-CV: 2019 Children's Crisis Center
CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: STANCO 835 California
CDBG-CV: STANCO 835 California
CDBG-CV: STANCO 835 California
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
05L
05L
05L
05L
05L
05L
05H
05H
05H
05H
05H
05H
05H
05H
05H
05H
05H
05H
05H
05H
05H
05H
05H
05H
14G
14G
14G
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMH
LMH
LMH
$87.28
$872.76
$10,745.42
$174.55
$174.55
$6,060.15
$218.20
$8,599.40
$10,279.97
$10,747.72
$10,512.40
$174.55
$10,420.11
$174.55
$349.10
$8,035.54
$9,487.46
$10,424.32
$104.73
$10,375.95
$261.86
$5,301.39
$349.11
$10,524.41
$10,486.91
$10,811.06
$10,475.97
$10,341.76
$10,575.11
$10,669.00
$10,800.07
$10,501.32
$10,264.23
$7,884.33
$37,328.83
$181.16
$23.62
$3,744.50
$341.68
$248.49
$1,368.71
$5,254.63
$10,002.00
$7,052.96
$124.24
$6,730.12
$8,562.43
$93.19
$143.86
$3,441.75
$420.79
$3,526.69
$2,214.60
$114.21
$18,976.03
$447.58
$17,746.15
$2,771.79
$5,704.16
$435,481.22
$2,152.46
#21..
- 1214 -
PR26 - CDBG-CV Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE: 4
12:31
09-03-24
MODESTO , CA
Plan Year IDIS Project IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
2019
2022
Total
32 6
7 1438
1439
1454
1455
1456
1457
1462
1484
1485
6536897
6556887
6562679
6580895
6609780
6644046
6665127
6735776
6743004
6526292
6556888
6562680
6580896
6609781
6644045
6665128
6721378
6556889
6580897
6609782
6644042
6665133
6694081
6721379
6556890
6580898
6609783
6644041
6665135
6721380
6609786
6621370
6644039
6665136
6694083
6721382
6609787
6621372
6644036
6665137
6694084
6721383
6735780
6743006
6754351
6795793
6809934
6848469
6795796
6809935
6811136
6848470
6936857
CDBG-CV: STANCO 835 California
CDBG-CV: STANCO 835 California
CDBG-CV: STANCO 835 California
CDBG-CV: STANCO 835 California
CDBG-CV: STANCO 835 California
CDBG-CV: STANCO 835 California
CDBG-CV: STANCO 835 California
CDBG-CV: STANCO 835 California
CDBG-CV: STANCO 835 California
CDBG-CV SALVATION ARMY COVID-19 PROJECT
CDBG-CV: 2021 CASA
CDBG-CV: 2021 CASA
CDBG-CV: 2021 CASA
CDBG-CV: 2021 CASA
CDBG-CV: 2021 CASA
CDBG-CV: 2021 CASA
CDBG-CV: 2021 CASA
CDBG-CV: 2021 CHILDREN'S CRISIS CENTER
CDBG-CV: 2021 CHILDREN'S CRISIS CENTER
CDBG-CV: 2021 CHILDREN'S CRISIS CENTER
CDBG-CV: 2021 CHILDREN'S CRISIS CENTER
CDBG-CV: 2021 CHILDREN'S CRISIS CENTER
CDBG-CV: 2021 CHILDREN'S CRISIS CENTER
CDBG-CV: 2021 CHILDREN'S CRISIS CENTER
CDBG-CV: 2021 UNITED SAMARITANS FOUNDATION
CDBG-CV: 2021 UNITED SAMARITANS FOUNDATION
CDBG-CV: 2021 UNITED SAMARITANS FOUNDATION
CDBG-CV: 2021 UNITED SAMARITANS FOUNDATION
CDBG-CV: 2021 UNITED SAMARITANS FOUNDATION
CDBG-CV: 2021 UNITED SAMARITANS FOUNDATION
CDBG-CV: 2021 THE LORD'S CLOSET
CDBG-CV: 2021 THE LORD'S CLOSET
CDBG-CV: 2021 THE LORD'S CLOSET
CDBG-CV: 2021 THE LORD'S CLOSET
CDBG-CV: 2021 THE LORD'S CLOSET
CDBG-CV: 2021 THE LORD'S CLOSET
CDBG-CV: 2021 BAY VALLEY FOUNDATION - IT TRAINING
PROGRAM
CDBG-CV: 2021 BAY VALLEY FOUNDATION - IT TRAINING
PROGRAM
CDBG-CV: 2021 BAY VALLEY FOUNDATION - IT TRAINING
PROGRAM
CDBG-CV: 2021 BAY VALLEY FOUNDATION - IT TRAINING
PROGRAM
CDBG-CV: 2021 BAY VALLEY FOUNDATION - IT TRAINING
PROGRAM
CDBG-CV: 2021 BAY VALLEY FOUNDATION - IT TRAINING
PROGRAM
2022-2023 CDBG Acquisition - 319 Laurel Street
2022-2023 CDBG Acquisition - 319 Laurel Street
2022-2023 CDBG Acquisition - 319 Laurel Street
2022-2023 CDBG Acquisition - 319 Laurel Street
2022-2023 CDBG Acquisition - 319 Laurel Street
2022-2023 CDBG Acquisition - 319 Laurel Street
2022-2023 CHAT Modesto Homeless Response Team
2022-2023 CHAT Modesto Homeless Response Team
2022-2023 CHAT Modesto Homeless Response Team
2022-2023 CHAT Modesto Homeless Response Team
2022-2023 CHAT Modesto Homeless Response Team
14G
14G
14G
14G
14G
14G
14G
14G
14G
05Z
05N
05N
05N
05N
05N
05N
05N
05N
05N
05N
05N
05N
05N
05N
05W
05W
05W
05W
05W
05W
05H
05H
05H
05H
05H
05H
05H
05H
05H
05H
05H
05H
14G
14G
14G
14G
14G
14G
05Z
05Z
05Z
05Z
05Z
LMH
LMH
LMH
LMH
LMH
LMH
LMH
LMH
LMH
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMH
LMH
LMH
LMH
LMH
LMH
LMC
LMC
LMC
LMC
LMC
$145.00
$13,981.75
$182.40
$463.38
$2,352.67
$2,438.67
$1,058.05
$690.74
$941.05
$40,000.00
$86.56
$19,017.91
$155.31
$21,770.85
$179.32
$65.17
$171.31
$124.24
$12,735.29
$11,713.89
$13,960.06
$3,168.25
$174.82
$301.39
$459.29
$8,311.22
$12,436.72
$11,022.87
$5,149.04
$244.28
$2,172.21
$8,199.06
$9,226.52
$16,571.67
$445.25
$57.10
$1,774.14
$142.58
$535.90
$67,436.81
$279.72
$34,050.89
$319,388.78
$2,355.76
$251.15
$85,394.66
$2,349.71
$898.60
$53,376.55
$12,906.66
$975.10
$9,462.28
$58,089.17
$1,908,619.49
LINE 16 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 16 #21..
- 1215 -
PR26 - CDBG-CV Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE: 5
12:31
09-03-24
MODESTO , CA
Plan Year IDIS Project IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
2019 32 1435
1436
1439
1454
1455
1456
1457
1462
6499298
6507879
6526290
6536895
6556885
6562678
6499294
6507877
6526288
6556883
6562676
6580893
6609779
6621366
6644052
6665124
6694078
6721366
6742997
6754349
6795789
6809932
6849191
6896730
6526292
6556888
6562680
6580896
6609781
6644045
6665128
6721378
6556889
6580897
6609782
6644042
6665133
6694081
6721379
6556890
6580898
6609783
6644041
6665135
6721380
6609786
6621370
6644039
6665136
6694083
6721382
6609787
6621372
6644036
6665137
CDBG-CV: 2019 Children's Crisis Center
CDBG-CV: 2019 Children's Crisis Center
CDBG-CV: 2019 Children's Crisis Center
CDBG-CV: 2019 Children's Crisis Center
CDBG-CV: 2019 Children's Crisis Center
CDBG-CV: 2019 Children's Crisis Center
CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV: 2019 Opportunity Stanislaus VOLT Institute Scholarships CDBG-CV SALVATION ARMY COVID-19 PROJECT
CDBG-CV: 2021 CASA
CDBG-CV: 2021 CASA
CDBG-CV: 2021 CASA
CDBG-CV: 2021 CASA
CDBG-CV: 2021 CASA
CDBG-CV: 2021 CASA
CDBG-CV: 2021 CASA
CDBG-CV: 2021 CHILDREN'S CRISIS CENTER
CDBG-CV: 2021 CHILDREN'S CRISIS CENTER
CDBG-CV: 2021 CHILDREN'S CRISIS CENTER
CDBG-CV: 2021 CHILDREN'S CRISIS CENTER
CDBG-CV: 2021 CHILDREN'S CRISIS CENTER
CDBG-CV: 2021 CHILDREN'S CRISIS CENTER
CDBG-CV: 2021 CHILDREN'S CRISIS CENTER
CDBG-CV: 2021 UNITED SAMARITANS FOUNDATION
CDBG-CV: 2021 UNITED SAMARITANS FOUNDATION
CDBG-CV: 2021 UNITED SAMARITANS FOUNDATION
CDBG-CV: 2021 UNITED SAMARITANS FOUNDATION
CDBG-CV: 2021 UNITED SAMARITANS FOUNDATION
CDBG-CV: 2021 UNITED SAMARITANS FOUNDATION
CDBG-CV: 2021 THE LORD'S CLOSET
CDBG-CV: 2021 THE LORD'S CLOSET
CDBG-CV: 2021 THE LORD'S CLOSET
CDBG-CV: 2021 THE LORD'S CLOSET
CDBG-CV: 2021 THE LORD'S CLOSET
CDBG-CV: 2021 THE LORD'S CLOSET
CDBG-CV: 2021 BAY VALLEY FOUNDATION - IT TRAINING
PROGRAM
CDBG-CV: 2021 BAY VALLEY FOUNDATION - IT TRAINING
PROGRAM
CDBG-CV: 2021 BAY VALLEY FOUNDATION - IT TRAINING
PROGRAM
CDBG-CV: 2021 BAY VALLEY FOUNDATION - IT TRAINING
PROGRAM
05L
05L
05L
05L
05L
05L
05H
05H
05H
05H
05H
05H
05H
05H
05H
05H
05H
05H
05H
05H
05H
05H
05H
05H
05Z
05N
05N
05N
05N
05N
05N
05N
05N
05N
05N
05N
05N
05N
05N
05W
05W
05W
05W
05W
05W
05H
05H
05H
05H
05H
05H
05H
05H
05H
05H
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
$37,328.83
$181.16
$23.62
$3,744.50
$341.68
$248.49
$1,368.71
$5,254.63
$10,002.00
$7,052.96
$124.24
$6,730.12
$8,562.43
$93.19
$143.86
$3,441.75
$420.79
$3,526.69
$2,214.60
$114.21
$18,976.03
$447.58
$17,746.15
$2,771.79
$40,000.00
$86.56
$19,017.91
$155.31
$21,770.85
$179.32
$65.17
$171.31
$124.24
$12,735.29
$11,713.89
$13,960.06
$3,168.25
$174.82
$301.39
$459.29
$8,311.22
$12,436.72
$11,022.87
$5,149.04
$244.28
$2,172.21
$8,199.06
$9,226.52
$16,571.67
$445.25
$57.10
$1,774.14
$142.58
$535.90
$67,436.81
#21..
- 1216 -
PR26 - CDBG-CV Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE: 6
12:31
09-03-24
MODESTO , CA
Plan Year IDIS Project IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
2019
2022
Total
32 7
1462
1485
6694084
6721383
6795796
6809935
6811136
6848470
6936857
CDBG-CV: 2021 BAY VALLEY FOUNDATION - IT TRAINING
PROGRAM
CDBG-CV: 2021 BAY VALLEY FOUNDATION - IT TRAINING
PROGRAM
2022-2023 CHAT Modesto Homeless Response Team
2022-2023 CHAT Modesto Homeless Response Team
2022-2023 CHAT Modesto Homeless Response Team
2022-2023 CHAT Modesto Homeless Response Team
2022-2023 CHAT Modesto Homeless Response Team
05H
05H
05Z
05Z
05Z
05Z
05Z
LMC
LMC
LMC
LMC
LMC
LMC
LMC
$279.72
$34,050.89
$53,376.55
$12,906.66
$975.10
$9,462.28
$58,089.17
$567,809.41
LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 Plan Year IDIS Project IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
2019
Total
32 1363 6444166
6447176
6458445
6469301
6499296
6507878
6526289
6536893
6556884
6562677
6580894
6609778
6621368
6644050
6665126
6694080
6721368
6735774
6743002
6754350
6795790
6809933
6811135
6848468
CDBG-CV: PLANNING & ADMINISTRATION FOR CARES ACT
CDBG-CV: PLANNING & ADMINISTRATION FOR CARES ACT
CDBG-CV: PLANNING & ADMINISTRATION FOR CARES ACT
CDBG-CV: PLANNING & ADMINISTRATION FOR CARES ACT
CDBG-CV: PLANNING & ADMINISTRATION FOR CARES ACT
CDBG-CV: PLANNING & ADMINISTRATION FOR CARES ACT
CDBG-CV: PLANNING & ADMINISTRATION FOR CARES ACT
CDBG-CV: PLANNING & ADMINISTRATION FOR CARES ACT
CDBG-CV: PLANNING & ADMINISTRATION FOR CARES ACT
CDBG-CV: PLANNING & ADMINISTRATION FOR CARES ACT
CDBG-CV: PLANNING & ADMINISTRATION FOR CARES ACT
CDBG-CV: PLANNING & ADMINISTRATION FOR CARES ACT
CDBG-CV: PLANNING & ADMINISTRATION FOR CARES ACT
CDBG-CV: PLANNING & ADMINISTRATION FOR CARES ACT
CDBG-CV: PLANNING & ADMINISTRATION FOR CARES ACT
CDBG-CV: PLANNING & ADMINISTRATION FOR CARES ACT
CDBG-CV: PLANNING & ADMINISTRATION FOR CARES ACT
CDBG-CV: PLANNING & ADMINISTRATION FOR CARES ACT
CDBG-CV: PLANNING & ADMINISTRATION FOR CARES ACT
CDBG-CV: PLANNING & ADMINISTRATION FOR CARES ACT
CDBG-CV: PLANNING & ADMINISTRATION FOR CARES ACT
CDBG-CV: PLANNING & ADMINISTRATION FOR CARES ACT
CDBG-CV: PLANNING & ADMINISTRATION FOR CARES ACT
CDBG-CV: PLANNING & ADMINISTRATION FOR CARES ACT
21A
21A
21A
21A
21A
21A
21A
21A
21A
21A
21A
21A
21A
21A
21A
21A
21A
21A
21A
21A
21A
21A
21A
21A
$123,328.16
$3,825.21
$1,339.87
$1,647.33
$8,089.45
$10,000.33
$23,806.17
$174.00
$15,506.42
$4,616.89
$5,009.50
$4,052.41
$1,134.51
$9,823.50
$2,375.22
$17,472.19
$29,934.52
$20,258.76
$14,267.18
$13,394.20
$28,693.40
$53,237.46
$6,033.40
$79,132.43
$477,152.51
#21..
- 1217 -
WZ
#21..
- 1218 -
IDIS - PR83 U.S. Department of Housing and Urban Development DATE: 09-04-24 TIME: 12:33 Office of Community Planning and Development PAGE: 1 Integrated Disbursement and Information System CDBG, CDBG-CV Performance Measures Report
Program Year 2023 MODESTO,CA
Owner Occupied Housing Rehabilitation
Create Suitable Living Provide Decent Housing Create Economic Opportunities Total Access Afford Sustain Access Afford Sustain Access Afford Sustain Total LMH* units
Total SB*, URG units Of Total, Number of Units Occupied by elderly Brought from substandard to standard condition Qualified as Energy Star Brought to lead safety compliance Made accessible Homebuyer Assistance Total Households Assisted Of Total: Number of first-time homebuyers Of those, number receiving housing counseling Number of households receiving downpayment/closing costs assistance Create Suitable Living Provide Decent Housing Create Economic Opportunities Total Access Afford Sustain Access Afford Sustain Access Afford Sustain 0 0 10 0 0 0 10 0 0 0
0 0 0 0 0 0 00 0 9 0 0 0 90 0 10 0 0 0 10
0 0 0 0 0 0 0
0 0 0 0 0 0 00 0 4 0 0 0 4
0 0 00 0 00 0 0
0 0 0
0 0 00 0 0
0 0 0 0 0 0 00 0 0 0 0 0 00 0 0 0 0 0 00 0 0 0 0 0 0
0 0 0
0 0 0
0 0 00 0 0
#21..
- 1219 -
IDIS - PR83 U.S. Department of Housing and Urban Development DATE: 09-04-24 TIME: 12:33 Office of Community Planning and Development PAGE: 2 Integrated Disbursement and Information System CDBG, CDBG-CV Performance Measures Report
Program Year 2023 MODESTO,CA
Development of Homeowner Housing
Create Suitable Living Provide Decent Housing Create Economic Opportunities Total Access Afford Sustain Access Afford Sustain Access Afford Sustain Total LMH* units
Total SB*, URG units Of Total, Number of Affordable units Years of affordability Average number of years of affordability per unit Units qualified as Energy Star 504 accessible units Units occupied by households previously living in subsidized housing Of Affordable Units Number occupied by elderly Number designated for persons with HIV/AIDS Of those, number for the chronically homeless Number of housing units for homeless persons and families Of those, number for the chronically homeless 0 0 0 0 0 0 0
0 0 0 0 0 0 00 0 0 0 0 0 00 0 0 0 0 0 00 0 0 0 0 0 00 0 0 0 0 0 00 0 0 0 0 0 00 0 0 0 0 0 00 0 0 0 0 0 00 0 0 0 0 0 00 0 0 0 0 0 00 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
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
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IDIS - PR83 U.S. Department of Housing and Urban Development DATE: 09-04-24 TIME: 12:33 Office of Community Planning and Development PAGE: 3 Integrated Disbursement and Information System CDBG, CDBG-CV Performance Measures Report
Program Year 2023 MODESTO,CA
Housing Subsidies Total Number of Households Of Total: Number of households receiving short-term rental assistance (< = 3 months) Number of households assisted that were previously homeless Of those, number of chronically homeless households Create Suitable Living Provide Decent Housing Create Economic Opportunities Total Access Afford Sustain Access Afford Sustain Access Afford Sustain Shelter for Homeless Persons
Number of beds created in overnight shelter/other emergency housing Number of homeless persons given overnight shelter Create Suitable Living Provide Decent Housing Create Economic Opportunities Total Access Afford Sustain Access Afford Sustain Access Afford Sustain Homeless Prevention Number of Persons Assisted
that received emergency financial assistance to prevent homelessness that received emergency legal assistance to prevent homelessness Create Suitable Living Provide Decent Housing Create Economic Opportunities Total Access Afford Sustain Access Afford Sustain Access Afford Sustain 0 0 0 0 0 0 0
0 0 0 0 0 0 00 0 0 0 0 0 00 0 0 0 0 0 0
0 0 0
0 0 00 0 00 0 0
0 0 0 0 0 0 00 0 0 0 0 0 0
0 0 0
0 0 0
0 0 0 0 0 0 00 0 0 0 0 0 0
0 0 00 0 0
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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, SEPTEMBER 24, 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 REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
Property: 601 Neece Dr., Modesto, CA 95351; APN: 102-012-001 and 102-012-004 Property Owners: City of Modesto
Negotiating Parties:
For City: Joseph P. Lopez, City Manager
For Lessee: The Baseball Club of Modesto, LLC
Under Negotiation: Price and Terms of Lease
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
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