Appendix:E
Effective Date:08/24/2024
Salary Schedule: Management-B
Grade Code Grade Name Step Name Hourly Bi-Weekly Monthly Annual 5555B Senior Power Plant Engineer-B Step A 75.0743 6005.94 13012.88 156154.54 Step B 79.4199 6353.59 13766.12 165193.39
Step C 81.8024 6544.19 14179.08 170148.99
Step D 84.2566 6740.53 14604.48 175253.73
Step E 86.7842 6942.74 15042.59 180511.14
Step F 89.3877 7151.02 15493.87 185926.42
Step G 92.0694 7365.55 15958.70 191504.35
Step H 94.8314 7586.51 16437.44 197249.31
Step I 97.6764 7814.11 16930.58 203166.91
Step J 100.6066 8048.53 17438.48 209261.73
MGMT Management
City of Roseville
Appendix:E
Effective Date:08/24/2024
Salary Schedule: Management-B
Grade Code Grade Name Step Name Hourly Bi-Weekly Monthly Annual 1029B Senior Utility Billing Analyst-B Step A 46.0265 3682.12 7977.93 95735.12 Step B 48.6908 3895.26 8439.74 101276.86
Step C 50.1515 4012.12 8692.93 104315.12
Step D 51.6560 4132.48 8953.71 107444.48
Step E 53.2058 4256.46 9222.34 110668.06
Step F 54.8018 4384.14 9498.98 113987.74
Step G 56.4460 4515.68 9783.97 117407.68
Step H 58.1393 4651.14 10077.48 120929.74
Step I 59.8835 4790.68 10379.81 124557.68
Step J 61.6800 4934.40 10691.20 128294.40
MGMT Management
City of Roseville
Appendix:E
Effective Date:08/24/2024
Salary Schedule: Management-B
Grade Code Grade Name Step Name Hourly Bi-Weekly Monthly Annual 1073B Street Maintenance Manager-B Step A 59.4600 4756.80 10306.40 123676.80 Step B 62.9018 5032.14 10902.98 130835.74
Step C 64.7888 5183.10 11230.06 134760.70
Step D 66.7324 5338.59 11566.95 138803.39
Step E 68.7345 5498.76 11913.98 142967.76
Step F 70.7966 5663.73 12271.41 147256.93
Step G 72.9204 5833.63 12639.54 151674.43
Step H 75.1079 6008.63 13018.70 156224.43
Step I 77.3613 6188.90 13409.29 160911.50
Step J 79.6821 6374.57 13811.56 165738.77
MGMT Management
City of Roseville
Appendix:E
Effective Date:08/24/2024
Salary Schedule: Management-B
Grade Code Grade Name Step Name Hourly Bi-Weekly Monthly Annual 7522B Street Maintenance Supervisor-B Step A 38.1973 3055.78 6620.87 79450.38 Step B 40.4083 3232.66 7004.11 84049.26
Step C 41.6205 3329.64 7214.22 86570.64
Step D 42.8692 3429.54 7430.66 89167.94
Step E 44.1552 3532.42 7653.57 91842.82
Step F 45.4799 3638.39 7883.18 94598.19
Step G 46.8443 3747.54 8119.68 97436.14
Step H 48.2497 3859.98 8363.28 100359.38
Step I 49.6971 3975.77 8614.16 103369.97
Step J 51.1880 4095.04 8872.59 106471.04
MGMT Management
City of Roseville
Appendix:E
Effective Date:08/24/2024
Salary Schedule: Management-B
Grade Code Grade Name Step Name Hourly Bi-Weekly Monthly Annual 1110B Transit Operations Supervisor-B Step A 45.9171 3673.37 7958.96 95507.57 Step B 48.5750 3886.00 8419.67 101036.00
Step C 50.0322 4002.58 8672.25 104066.98
Step D 51.5332 4122.66 8932.42 107189.06
Step E 53.0791 4246.33 9200.38 110404.53
Step F 54.6715 4373.72 9476.39 113716.72
Step G 56.3117 4504.94 9760.69 117128.34
Step H 58.0010 4640.08 10053.51 120642.08
Step I 59.7411 4779.29 10355.12 124261.49
Step J 61.5332 4922.66 10665.75 127989.06
MGMT Management
City of Roseville
Appendix:E
Effective Date:08/24/2024
Salary Schedule: Management-B
Grade Code Grade Name Step Name Hourly Bi-Weekly Monthly Annual 8762B Urban Forester-B Step A 41.8236 3345.89 7249.42 86993.09 Step B 44.2442 3539.54 7668.99 92027.94
Step C 45.5715 3645.72 7899.06 94788.72
Step D 46.9388 3755.10 8136.06 97632.70
Step E 48.3470 3867.76 8380.15 100561.76
Step F 49.7972 3983.78 8631.51 103578.18
Step G 51.2913 4103.30 8890.49 106685.90
Step H 52.8301 4226.41 9157.22 109886.61
Step I 54.4150 4353.20 9431.93 113183.20
Step J 56.0473 4483.78 9714.87 116578.38
MGMT Management
City of Roseville
Appendix:E
Effective Date:08/24/2024
Salary Schedule: Management-B
Grade Code Grade Name Step Name Hourly Bi-Weekly Monthly Annual 1041B Utility Billing and Field Services
Supervisor-B
Step A 47.3681 3789.45 8210.47 98525.65
Step B 50.1099 4008.79 8685.72 104228.59
Step C 51.6131 4129.05 8946.27 107355.25
Step D 53.1616 4252.93 9214.68 110576.13
Step E 54.7564 4380.51 9491.11 113893.31
Step F 56.3991 4511.93 9775.84 117310.13
Step G 58.0911 4647.29 10069.12 120829.49
Step H 59.8338 4786.70 10371.19 124454.30
Step I 61.6288 4930.30 10682.33 128187.90
Step J 63.4777 5078.22 11002.80 132033.62
MGMT Management
City of Roseville
Appendix:E
Effective Date:08/24/2024
Salary Schedule: Management-B
Grade Code Grade Name Step Name Hourly Bi-Weekly Monthly Annual 1042B Utility Customer Service Supervisor-B Step A 34.0428 2723.42 5900.75 70809.02 Step B 36.0132 2881.06 6242.29 74907.46
Step C 37.0936 2967.49 6429.56 77154.69
Step D 38.2064 3056.51 6622.44 79469.31
Step E 39.3527 3148.22 6821.13 81853.62
Step F 40.5332 3242.66 7025.75 84309.06
Step G 41.7493 3339.94 7236.55 86838.54
Step H 43.0017 3440.14 7453.63 89443.54
Step I 44.2918 3543.34 7677.25 92126.94
Step J 45.6205 3649.64 7907.55 94890.64
MGMT Management
City of Roseville
Appendix:E
Effective Date:08/24/2024
Salary Schedule: Management-B
Grade Code Grade Name Step Name Hourly Bi-Weekly Monthly Annual 1102B Utility Exploration Center SupervisorB Step A 39.7899 3183.19 6896.92 82762.99 Step B 42.0925 3367.40 7296.03 87552.40
Step C 43.3553 3468.42 7514.92 90179.02
Step D 44.6559 3572.47 7740.36 92884.27
Step E 45.9957 3679.66 7972.59 95671.06
Step F 47.3755 3790.04 8211.75 98541.04
Step G 48.7968 3903.74 8458.11 101497.34
Step H 50.2606 4020.85 8711.84 104542.05
Step I 51.7685 4141.48 8973.21 107678.48
Step J 53.3220 4265.76 9242.48 110909.76
MGMT Management
City of Roseville
Appendix:E
Effective Date:08/24/2024
Salary Schedule: Management-B
Grade Code Grade Name Step Name Hourly Bi-Weekly Monthly Annual 1646B Utility Government Relations
Administrator-B
Step A 50.0899 4007.19 8682.25 104186.99
Step B 52.9891 4239.13 9184.78 110217.33
Step C 54.5788 4366.30 9460.33 113523.90
Step D 56.2162 4497.30 9744.14 116929.70
Step E 57.9026 4632.21 10036.45 120437.41
Step F 59.6397 4771.18 10337.55 124050.58
Step G 61.4289 4914.31 10647.68 127772.11
Step H 63.2717 5061.74 10967.09 131605.14
Step I 65.1699 5213.59 11296.12 135553.39
Step J 67.1251 5370.01 11635.02 139620.21
MGMT Management
City of Roseville
Appendix:E
Effective Date:08/24/2024
Salary Schedule: Management-B
Grade Code Grade Name Step Name Hourly Bi-Weekly Monthly Annual 8980B Wastewater Collection
Superintendent-B
Step A 49.7828 3982.62 8629.02 103548.22
Step B 52.6644 4213.15 9128.50 109541.95
Step C 54.2443 4339.54 9402.35 112828.14
Step D 55.8716 4469.73 9684.41 116212.93
Step E 57.5479 4603.83 9974.97 119699.63
Step F 59.2743 4741.94 10274.21 123290.54
Step G 61.0525 4884.20 10582.43 126989.20
Step H 62.8840 5030.72 10899.89 130798.72
Step I 64.7705 5181.64 11226.89 134722.64
Step J 66.7137 5337.10 11563.71 138764.50
MGMT Management
City of Roseville
Appendix:E
Effective Date:08/24/2024
Salary Schedule: Management-B
Grade Code Grade Name Step Name Hourly Bi-Weekly Monthly Annual 8978B Wastewater Collection Supervisor-B Step A 41.4841 3318.73 7190.58 86286.93 Step B 43.8850 3510.80 7606.73 91280.80
Step C 45.2016 3616.13 7834.94 94019.33
Step D 46.5576 3724.61 8069.98 96839.81
Step E 47.9542 3836.34 8312.06 99744.74
Step F 49.3929 3951.43 8561.44 102737.23
Step G 50.8747 4069.98 8818.28 105819.38
Step H 52.4010 4192.08 9082.84 108994.08
Step I 53.9730 4317.84 9355.32 112263.84
Step J 55.5922 4447.38 9635.98 115631.78
MGMT Management
City of Roseville
Appendix:E
Effective Date:08/24/2024
Salary Schedule: Management-B
Grade Code Grade Name Step Name Hourly Bi-Weekly Monthly Annual 9040B Wastewater Treatment Plant Chief
Operator-B
Step A 54.7564 4380.51 9491.11 113893.31
Step B 57.9257 4634.06 10040.45 120485.46
Step C 59.6636 4773.09 10341.69 124100.29
Step D 61.4534 4916.27 10651.92 127823.07
Step E 63.2970 5063.76 10971.48 131657.76
Step F 65.1959 5215.67 11300.62 135607.47
Step G 67.1519 5372.15 11639.66 139675.95
Step H 69.1665 5533.32 11988.86 143866.32
Step I 71.2414 5699.31 12348.51 148182.11
Step J 73.3786 5870.29 12718.96 152627.49
MGMT Management
City of Roseville
Appendix:E
Effective Date:08/24/2024
Salary Schedule: Management-B
Grade Code Grade Name Step Name Hourly Bi-Weekly Monthly Annual 9045B Wastewater Utility Manager-B Step A 66.8492 5347.94 11587.19 139046.34 Step B 70.7182 5657.46 12257.82 147093.86
Step C 72.8398 5827.18 12625.57 151506.78
Step D 75.0251 6002.01 13004.35 156052.21
Step E 77.2759 6182.07 13394.49 160733.87
Step F 79.5942 6367.54 13796.33 165555.94
Step G 81.9819 6558.55 14210.20 170522.35
Step H 84.4414 6755.31 14636.51 175638.11
Step I 86.9746 6957.97 15075.60 180907.17
Step J 89.5838 7166.70 15527.86 186334.30
MGMT Management
City of Roseville
Appendix:E
Effective Date:08/24/2024
Salary Schedule: Management-B
Grade Code Grade Name Step Name Hourly Bi-Weekly Monthly Annual 9047B Water Conservation Administrator-B Step A 45.6340 3650.72 7909.89 94918.72 Step B 48.2757 3862.06 8367.79 100413.46
Step C 49.7239 3977.91 8618.81 103425.71
Step D 51.2157 4097.26 8877.39 106528.66
Step E 52.7521 4220.17 9143.70 109724.37
Step F 54.3347 4346.78 9418.01 113016.18
Step G 55.9647 4477.18 9700.55 116406.58
Step H 57.6437 4611.50 9991.57 119898.90
Step I 59.3729 4749.83 10291.30 123495.63
Step J 61.1541 4892.33 10600.04 127200.53
MGMT Management
City of Roseville
Appendix:E
Effective Date:08/24/2024
Salary Schedule: Management-B
Grade Code Grade Name Step Name Hourly Bi-Weekly Monthly Annual 9085B Water Distribution Superintendent-B Step A 49.0486 3923.89 8501.76 102021.09 Step B 52.6644 4213.15 9128.50 109541.95
Step C 54.2443 4339.54 9402.35 112828.14
Step D 55.8716 4469.73 9684.41 116212.93
Step E 57.5479 4603.83 9974.97 119699.63
Step F 59.2743 4741.94 10274.21 123290.54
Step G 61.0525 4884.20 10582.43 126989.20
Step H 62.8840 5030.72 10899.89 130798.72
Step I 64.7705 5181.64 11226.89 134722.64
Step J 66.7137 5337.10 11563.71 138764.50
MGMT Management
City of Roseville
Appendix:E
Effective Date:08/24/2024
Salary Schedule: Management-B
Grade Code Grade Name Step Name Hourly Bi-Weekly Monthly Annual 9084B Water Distribution Supervisor-B Step A 41.4840 3318.72 7190.56 86286.72 Step B 43.8850 3510.80 7606.73 91280.80
Step C 45.2016 3616.13 7834.94 94019.33
Step D 46.5576 3724.61 8069.98 96839.81
Step E 47.9542 3836.34 8312.06 99744.74
Step F 49.3929 3951.43 8561.44 102737.23
Step G 50.8747 4069.98 8818.28 105819.38
Step H 52.4010 4192.08 9082.84 108994.08
Step I 53.9730 4317.84 9355.32 112263.84
Step J 55.5922 4447.38 9635.98 115631.78
MGMT Management
City of Roseville
Appendix:E
Effective Date:08/24/2024
Salary Schedule: Management-B
Grade Code Grade Name Step Name Hourly Bi-Weekly Monthly Annual 9101B Water Quality Lab Supervisor-B Step A 43.5565 3484.52 7549.79 90597.52 Step B 46.0775 3686.20 7986.77 95841.20
Step C 47.4599 3796.79 8226.38 98716.59
Step D 48.8836 3910.69 8473.16 101677.89
Step E 50.3501 4028.01 8727.35 104728.21
Step F 51.8607 4148.86 8989.19 107870.26
Step G 53.4165 4273.32 9258.86 111106.32
Step H 55.0190 4401.52 9536.63 114439.52
Step I 56.6695 4533.56 9822.71 117872.56
Step J 58.3697 4669.58 10117.41 121408.98
MGMT Management
City of Roseville
Appendix:E
Effective Date:08/24/2024
Salary Schedule: Management-B
Grade Code Grade Name Step Name Hourly Bi-Weekly Monthly Annual 9175B Water Treatment Plant Chief
Operator-B
Step A 49.7784 3982.27 8628.26 103539.07
Step B 52.6599 4212.79 9127.72 109532.59
Step C 54.2397 4339.18 9401.55 112818.58
Step D 55.8669 4469.35 9683.60 116203.15
Step E 57.5428 4603.42 9974.09 119689.02
Step F 59.2691 4741.53 10273.31 123279.73
Step G 61.0472 4883.78 10581.51 126978.18
Step H 62.8785 5030.28 10898.94 130787.28
Step I 64.7649 5181.19 11225.92 134710.99
Step J 66.7080 5336.64 11562.72 138752.64
MGMT Management
City of Roseville
Appendix:E
Effective Date:08/24/2024
Salary Schedule: Management-B
Grade Code Grade Name Step Name Hourly Bi-Weekly Monthly Annual 9244B Water Utility Manager-B Step A 66.8492 5347.94 11587.19 139046.34 Step B 70.7182 5657.46 12257.82 147093.86
Step C 72.8398 5827.18 12625.57 151506.78
Step D 75.0251 6002.01 13004.35 156052.21
Step E 77.2759 6182.07 13394.49 160733.87
Step F 79.5942 6367.54 13796.33 165555.94
Step G 81.9819 6558.55 14210.20 170522.35
Step H 84.4414 6755.31 14636.51 175638.11
Step I 86.9746 6957.97 15075.60 180907.17
Step J 89.5838 7166.70 15527.86 186334.30
Report as of Date:
8/24/2024
Position Code Position Title Allocated FTE
CAO220245001 Assistant City Attorney 1.00
CAO221200001 City Attorney 1.00
CAO221658001 Deputy City Attorney I/II 1.00
CAO221658002 Deputy City Attorney I/II 1.00
CAO221132001 Legal Assistant I/II 1.00
CAO221132002 Legal Assistant I/II 1.00
CAO225015001 Paralegal 1.00
CAO227123001 Senior Deputy City Attorney 1.00
CAO227123002 Senior Deputy City Attorney 1.00
CAO227123003 Senior Deputy City Attorney 1.00
Total for Department: CAO City Attorney 10.00
Position Code Position Title Allocated FTE
CCD360250001 Assistant City Clerk 1.00
CCD361220001 City Clerk 1.00
CCD361227001 City Clerk Technician I/II 1.00
CCD361227002 City Clerk Technician I/II 1.00
CCD361227003 City Clerk Technician I/II 1.00
CCD361227004 City Clerk Technician I/II 1.00
CCD361227005 City Clerk Technician I/II 1.00
CCD361665001 Deputy City Clerk I/ll 1.00
CCD361665002 Deputy City Clerk I/ll 1.00
CCD369548001 Passport Agent 1.00
CCD369548002 Passport Agent 1.00
CCD369548004 Passport Agent 0.50
CCD369548006 Passport Agent 0.50
Total for Department: CCD City Clerk Department 12.00
Position Code Position Title Allocated FTE
CMO140325001 Assistant City Manager 1.00
CMO140325002 Assistant City Manager 1.00
CMO141240001 City Manager 1.00
CMO142551001 Executive Assistant 1.00
CMO142551002 Executive Assistant 1.00
CMO1414449001 Management Analyst - City Manager 1.00
CMO144457001 Management Assistant I/II 1.00
Total for Department: CMO City Manager 7.00
Position Allocation Control Report
Position Code Position Title Allocated FTE
DSD660071001 Administrative Assistant 1.00
DSD660084001 Administrative Technician 1.00
DSD661017001 Assistant Building Official 1.00
DSD661005001 Associate (PE)/Assistant/Junior Engineer 1.00 DSD661005002 Associate (PE)/Assistant/Junior Engineer 1.00 DSD661005003 Associate (PE)/Assistant/Junior Engineer 1.00 DSD661005004 Associate (PE)/Assistant/Junior Engineer 1.00 DSD661005005 Associate (PE)/Assistant/Junior Engineer 1.00 DSD661005006 Associate (PE)/Assistant/Junior Engineer 1.00 DSD660820001 Associate Engineer 1.00
DSD660900001 Associate/Assistant Planner 1.00
DSD660900002 Associate/Assistant Planner 1.00
DSD660900003 Associate/Assistant Planner 1.00
DSD660900004 Associate/Assistant Planner 1.00
DSD660900005 Associate/Assistant Planner 1.00
DSD661019002 Building Inspector I/II 1.00
DSD661019003 Building Inspector I/II 1.00
DSD661019004 Building Inspector I/II 1.00
DSD661019005 Building Inspector I/II 1.00
DSD661019006 Building Inspector I/II 1.00
DSD661019007 Building Inspector I/II 1.00
DSD661019008 Building Inspector I/II 1.00
DSD661043001 Building Official 1.00
DSD661047001 Building Plans Examiner I/II 1.00
DSD661047002 Building Plans Examiner I/II 1.00
DSD661047003 Building Plans Examiner I/II 1.00
DSD661047004 Building Plans Examiner I/II 1.00
DSD661047005 Building Plans Examiner I/II 1.00
DSD661141001 Building Plans Examiner Supervisor 1.00
DSD661369001 Code Enforcement Inspector I/II 1.00
DSD661369002 Code Enforcement Inspector I/II 1.00
DSD661369003 Code Enforcement Inspector I/II 1.00
DSD661369004 Code Enforcement Inspector I/II 1.00
DSD661369005 Code Enforcement Inspector I/II 1.00
DSD661368001 Code Enforcement Supervisor 1.00
DSD661027001 Construction Inspection Superintendent 1.00 DSD661248001 Construction Inspection Supervisor 1.00
DSD661434001 Construction Inspector I/II 1.00
DSD661434002 Construction Inspector I/II 1.00
DSD661434003 Construction Inspector I/II 1.00
DSD661434004 Construction Inspector I/II 1.00
DSD661434005 Construction Inspector I/II 1.00
DSD661280001 Development Services Administrator 1.00
DSD661096001 Development Services Business Analyst I/II 1.00 DSD661096002 Development Services Business Analyst I/II 1.00 DSD661676001 Development Services Director 1.00
DSD661695001 Development Services Manager 1.00
DSD661672001 Development Technician I/II 1.00
DSD661672002 Development Technician I/II 1.00
DSD661672003 Development Technician I/II 1.00
DSD661672004 Development Technician I/II 1.00
DSD661672005 Development Technician I/II 1.00
DSD661277001 Engineering Manager 1.00
DSD662540001 Environmental Coordinator 1.00
DSD663412001 GIS Analyst I/II 1.00
DSD662214001 GIS Technician I/II 1.00
DSD660050001 Management Analyst I/II 1.00
DSD664957001 Office Assistant I/II 1.00
DSD664957002 Office Assistant I/II 1.00
DSD665279001 Permit Technician I/II 1.00
DSD665279002 Permit Technician I/II 1.00
DSD665279003 Permit Technician I/II 1.00
DSD665279004 Permit Technician I/II 1.00
DSD661501001 Permits Supervisor 1.00
DSD665309001 Planning Manager 1.00
DSD665514001 Principal Engineer 1.00
DSD661017002 Senior Building Inspector 1.00
DSD667117001 Senior Building Inspector 1.00
DSD667195002 Senior Building Plans Examiner 1.00
DSD667121001 Senior Construction Inspector 1.00
DSD667121002 Senior Construction Inspector 1.00
DSD661097001 Senior Development Services Business Analyst 1.00 DSD667142002 Senior Engineer 1.00
DSD667142003 Senior Engineer 1.00
DSD661502001 Senior Permits Technician 1.00
DSD667180001 Senior Planner 1.00
DSD667180002 Senior Planner 1.00
Total for Department: DSD Development Services Department 77.00 Position Code Position Title Allocated FTE
EDD541675001 Economic Development Analyst I/II 1.00
EDD541710001 Economic Development Director 1.00
EDD541118001 Economic Development Manager 1.00
EDD541001001 Economic Development Project Manager 1.00
EDD541001002 Economic Development Project Manager 1.00
EDD543402001 Housing Analyst I/II 1.00
EDD543402002 Housing Analyst I/II 1.00
EDD543402003 Housing Analyst I/II 1.00
EDD543402004 Housing Analyst I/II 1.00
EDD543589001 Housing Manager 1.00
EDD543590001 Housing Supervisor 1.00
EDD543592001 Housing Technician I/II 1.00
EDD543592002 Housing Technician I/II 1.00
EDD543592003 Housing Technician I/II 1.00
EDD543592004 Housing Technician I/II 1.00
EDD540050001 Management Analyst I/II 1.00
EDD544957001 Office Assistant I/II 1.00
EDD547148001 Senior Housing Technician 1.00
Total for Department: EDD Economic Development Department 18.00 Position Code Position Title Allocated FTE
ELE700071001 Administrative Assistant 1.00
ELE700084001 Administrative Technician 1.00
ELE700084002 Administrative Technician 1.00
ELE700084003 Administrative Technician 1.00
ELE700084005 Administrative Technician 1.00
ELE701505001 AMI Project Manager 1.00
ELE700395001 Assistant Electric Utility Director 1.00
ELE700395002 Assistant Electric Utility Director 1.00
ELE700395003 Assistant Electric Utility Director 1.00
ELE700395004 Assistant Electric Utility Director 1.00
ELE701067003 Associate/Assistant Electric Analyst 1.00
ELE701067004 Associate/Assistant Electric Analyst 1.00
ELE701067005 Associate/Assistant Electric Analyst 1.00
ELE701067006 Associate/Assistant Electric Analyst 1.00
ELE701067007 Associate/Assistant Electric Analyst 1.00
ELE701067008 Associate/Assistant Electric Analyst 1.00
ELE701067009 Associate/Assistant Electric Analyst 1.00
ELE701067001 Associate/Assistant Electric Analyst 1.00
ELE701067002 Associate/Assistant Electric Analyst 1.00
ELE701067010 Associate/Assistant Electric Analyst 1.00
ELE709200001 Customer Care Manager 1.00
ELE701548002 Data Management Specialist I/II 1.00
ELE701645001 Department Public Information Officer 1.00 ELE701312001 Electric Business Analyst I/II 1.00
ELE701312002 Electric Business Analyst I/II 1.00
ELE701312003 Electric Business Analyst I/II 1.00
ELE701312004 Electric Business Analyst I/II 1.00
ELE701312006 Electric Business Analyst I/II 1.00
ELE701312007 Electric Business Analyst I/II 1.00
ELE702335001 Electric Compliance Analyst I/II 1.00
ELE702335002 Electric Compliance Analyst I/II 1.00
ELE706285001 Electric Customer Programs and Public Affairs Supervisor 1.00 ELE702330002 Electric Drafting Technician I/II 1.00
ELE701117001 Electric Economic Development and Partnership Manager 1.00 ELE702345001 Electric Engineering Technician I/II 1.00
ELE702345003 Electric Engineering Technician I/II 1.00
ELE702345004 Electric Engineering Technician I/II 1.00
ELE702345005 Electric Engineering Technician I/II 1.00
ELE702284001 Electric Engineering Technician Supervisor 1.00 ELE702286001 Electric Line Troubleshooter 1.00
ELE702286002 Electric Line Troubleshooter 1.00
ELE702286003 Electric Line Troubleshooter 1.00
ELE702286004 Electric Line Troubleshooter 1.00
ELE702212001 Electric Materials Technician I/II 1.00
ELE702212002 Electric Materials Technician I/II 1.00
ELE702212003 Electric Materials Technician I/II 1.00
ELE702212004 Electric Materials Technician I/II 1.00
ELE702338001 Electric Operations Manager 1.00
ELE701130001 Electric Operations Safety Technician 1.00 ELE702339001 Electric Operations Supervisor 1.00
ELE702339002 Electric Operations Supervisor 1.00
ELE702254001 Electric Preventive Data System Technician 1.00 ELE702316001 Electric Resources Planner I/II 1.00
ELE702316002 Electric Resources Planner I/II 1.00
ELE702316003 Electric Resources Planner I/II 1.00
ELE702316005 Electric Resources Planner I/II 1.00
ELE702216001 Electric Risk and Compliance Supervisor 1.00 ELE702319001 Electric Substation Supervisor 1.00
ELE702350001 Electric System Dispatcher 1.00
ELE702350002 Electric System Dispatcher 1.00
ELE702350003 Electric System Dispatcher 1.00
ELE702359001 Electric Technology System Technician 1.00 ELE702359002 Electric Technology System Technician 1.00 ELE702359003 Electric Technology System Technician 1.00 ELE709560001 Electric Technology Systems Administrator 1.00 ELE701116001 Electric Utility Chief Operating Officer 1.00 ELE702320001 Electric Utility Director 1.00
ELE702215001 Electric Utility Financial Administrator 1.00 ELE709250001 Electric Utility Inspection Technician 1.00 ELE709250002 Electric Utility Inspection Technician 1.00 ELE709250003 Electric Utility Inspection Technician 1.00 ELE702285003 Electric/Apprentice Line Technician 1.00
ELE702285004 Electric/Apprentice Line Technician 1.00
ELE702285005 Electric/Apprentice Line Technician 1.00
ELE702285006 Electric/Apprentice Line Technician 1.00
ELE702285007 Electric/Apprentice Line Technician 1.00
ELE702285008 Electric/Apprentice Line Technician 1.00
ELE702285009 Electric/Apprentice Line Technician 1.00
ELE702285010 Electric/Apprentice Line Technician 1.00
ELE702285011 Electric/Apprentice Line Technician 1.00
ELE702285012 Electric/Apprentice Line Technician 1.00
ELE702285013 Electric/Apprentice Line Technician 1.00
ELE702285014 Electric/Apprentice Line Technician 1.00
ELE702285015 Electric/Apprentice Line Technician 1.00
ELE701085001 Electric/Apprentice Metering System Technician 1.00 ELE701085002 Electric/Apprentice Metering System Technician 1.00 ELE701085003 Electric/Apprentice Metering System Technician 1.00 ELE701085004 Electric/Apprentice Metering System Technician 1.00 ELE701085005 Electric/Apprentice Metering System Technician 1.00 ELE701083001 Electric/Apprentice Substation Technician 1.00 ELE701083002 Electric/Apprentice Substation Technician 1.00 ELE701083003 Electric/Apprentice Substation Technician 1.00 ELE701083004 Electric/Apprentice Substation Technician 1.00 ELE701083005 Electric/Apprentice Substation Technician 1.00 ELE701083006 Electric/Apprentice Substation Technician 1.00 ELE701083007 Electric/Apprentice Substation Technician 1.00 ELE701083008 Electric/Apprentice Substation Technician 1.00 ELE701083009 Electric/Apprentice Substation Technician 1.00 ELE701083010 Electric/Apprentice Substation Technician 1.00 ELE701083011 Electric/Apprentice Substation Technician 1.00 ELE701083012 Electric/Apprentice Substation Technician 1.00 ELE702466002 Energy Program Technician 1.00
ELE702466003 Energy Program Technician 1.00
ELE702501001 Energy Services Account Representative I/II 1.00 ELE702501002 Energy Services Account Representative I/II 1.00 ELE702501003 Energy Services Account Representative I/II 1.00 ELE701082001 Generation Maintenance Scheduler-Coordinator 1.00 ELE701648001 Government Relations Representative I/II 1.00 ELE703608001 Instrument and Control Technician 1.00
ELE703608002 Instrument and Control Technician 1.00
ELE703608003 Instrument and Control Technician 1.00
ELE704517001 Marketing and Communication Analyst I/II 1.00 ELE704517002 Marketing and Communication Analyst I/II 1.00 ELE704540001 Meter Reader 1.00
ELE704540002 Meter Reader 1.00
ELE704957001 Office Assistant I/II 1.00
ELE704957002 Office Assistant I/II 1.00
ELE704957003 Office Assistant I/II 1.00
ELE704957004 Office Assistant I/II 1.00
ELE705596001 Power Engineer I/II 1.00
ELE705596003 Power Engineer I/II 1.00
ELE705596004 Power Engineer I/II 1.00
ELE705600001 Power Generation Superintendent 1.00
ELE705591001 Power Plant Engineer I/II 1.00
ELE705591002 Power Plant Engineer I/II 1.00
ELE705526001 Power Plant Mechanic 1.00
ELE705526002 Power Plant Mechanic 1.00
ELE705526003 Power Plant Mechanic 1.00
ELE705530001 Power Plant Operations and Maintenance Supervisor 1.00 ELE705530002 Power Plant Operations and Maintenance Supervisor 1.00 ELE705523001 Power Plant Operator Technician I/II 1.00
ELE705523002 Power Plant Operator Technician I/II 1.00
ELE705523003 Power Plant Operator Technician I/II 1.00
ELE705523004 Power Plant Operator Technician I/II 1.00
ELE705523005 Power Plant Operator Technician I/II 1.00
ELE705523006 Power Plant Operator Technician I/II 1.00
ELE705523007 Power Plant Operator Technician I/II 1.00
ELE705523008 Power Plant Operator Technician I/II 1.00
ELE705523009 Power Plant Operator Technician I/II 1.00
ELE705535001 Power Supply and Portfolio Administrator 1.00 ELE701114001 Principal Power Engineer 1.00
ELE707128001 Senior Electric Business Analyst 1.00
ELE707128002 Senior Electric Business Analyst 1.00
ELE707128003 Senior Electric Business Analyst 1.00
ELE707128004 Senior Electric Business Analyst 1.00
ELE707118001 Senior Electric Line Technician 1.00
ELE707118002 Senior Electric Line Technician 1.00
ELE707118003 Senior Electric Line Technician 1.00
ELE707118004 Senior Electric Line Technician 1.00
ELE707118005 Senior Electric Line Technician 1.00
ELE707169001 Senior Electric Materials Technician 1.00
ELE701036001 Senior Electric Metering Systems Technician 1.00 ELE707126001 Senior Electric Substation Technician 1.00 ELE707126002 Senior Electric Substation Technician 1.00 ELE707126003 Senior Electric Substation Technician 1.00 ELE707168001 Senior Electric System Dispatcher 1.00
ELE701023001 Senior Electric Technology Systems Analyst 1.00 ELE707163001 Senior Energy Services Account Representative 1.00 ELE707163002 Senior Energy Services Account Representative 1.00 ELE707151001 Senior Power Engineer 1.00
ELE707151002 Senior Power Engineer 1.00
ELE705555001 Senior Power Plant Engineer 1.00
ELE707152001 Senior Power Plant Operator Technician 1.00 ELE707152002 Senior Power Plant Operator Technician 1.00 ELE707152003 Senior Power Plant Operator Technician 1.00 ELE707152004 Senior Power Plant Operator Technician 1.00 ELE701029001 Senior Utility Billing Analyst 1.00
ELE701029002 Senior Utility Billing Analyst 1.00
ELE701103001 Senior Utility Customer Service Field Representative 1.00 ELE701044001 Senior Utility Customer Service Specialist 1.00 ELE701044002 Senior Utility Customer Service Specialist 1.00 ELE701044003 Senior Utility Customer Service Specialist 1.00 ELE703315001 Utility Billing Analyst I/II 1.00
ELE703315002 Utility Billing Analyst I/II 1.00
ELE703315003 Utility Billing Analyst I/II 1.00
ELE703315004 Utility Billing Analyst I/II 1.00
ELE703315005 Utility Billing Analyst I/II 1.00
ELE701041001 Utility Billing and Field Services Supervisor 1.00 ELE701104001 Utility Customer Service Field Rep I/II 1.00 ELE701049001 Utility Customer Service Representative I/II 1.00 ELE701049004 Utility Customer Service Representative I/II 1.00 ELE701049005 Utility Customer Service Representative I/II 1.00 ELE701049006 Utility Customer Service Representative I/II 1.00 ELE701049007 Utility Customer Service Representative I/II 1.00 ELE701049008 Utility Customer Service Representative I/II 0.50 ELE701049009 Utility Customer Service Representative I/II 1.00 ELE701049010 Utility Customer Service Representative I/II 0.50 ELE701049011 Utility Customer Service Representative I/II 0.75 ELE701049012 Utility Customer Service Representative I/II 1.00 ELE701049013 Utility Customer Service Representative I/II 1.00 ELE701049014 Utility Customer Service Representative I/II 1.00 ELE701049015 Utility Customer Service Representative I/II 1.00 ELE701046001 Utility Customer Service Specialist I/II 1.00 ELE701046002 Utility Customer Service Specialist I/II 1.00 ELE701046003 Utility Customer Service Specialist I/II 1.00 ELE701046004 Utility Customer Service Specialist I/II 1.00 ELE701046005 Utility Customer Service Specialist I/II 1.00 ELE701042001 Utility Customer Service Supervisor 1.00
Total for Department: ELE Electric Department 196.75
Position Code Position Title Allocated FTE
EUD740071001 Administrative Assistant 1.00
EUD740084005 Administrative Technician 1.00
EUD740084004 Administrative Technician 1.00
EUD740084003 Administrative Technician 1.00
EUD740084002 Administrative Technician 1.00
EUD740084001 Administrative Technician 1.00
EUD740411003 Assistant Environmental Utilities Director 1.00 EUD740411001 Assistant Environmental Utilities Director 1.00 EUD741005002 Associate (PE)/Assistant/Junior Engineer 1.00 EUD741005001 Associate (PE)/Assistant/Junior Engineer 1.00 EUD740820003 Associate Engineer 1.00
EUD740820002 Associate Engineer 1.00
EUD740820001 Associate Engineer 1.00
EUD741548003 Data Management Specialist I/II 1.00
EUD741548002 Data Management Specialist I/II 1.00
EUD741548001 Data Management Specialist I/II 1.00
EUD741645001 Department Public Information Officer 1.00 EUD741277001 Engineering Manager 1.00
EUD741350001 Engineering Technician I/II 1.00
EUD742544002 Environmental Compliance Specialist I/II 1.00 EUD742544001 Environmental Compliance Specialist I/II 1.00 EUD742547005 Environmental Utilities Business Analyst I/II 1.00 EUD742547004 Environmental Utilities Business Analyst I/II 1.00 EUD742547003 Environmental Utilities Business Analyst I/II 1.00 EUD742547002 Environmental Utilities Business Analyst I/II 1.00 EUD742547001 Environmental Utilities Business Analyst I/II 1.00 EUD742548002 Environmental Utilities Business Services Manager 1.00 EUD742541004 Environmental Utilities Compliance Administrator 1.00 EUD742541003 Environmental Utilities Compliance Administrator 1.00 EUD742541002 Environmental Utilities Compliance Administrator 1.00 EUD742541001 Environmental Utilities Compliance Administrator 1.00 EUD741684001 Environmental Utilities Director 1.00
EUD741038006 Environmental Utilities Instrument and Control Technician I/II 1.00 EUD741038005 Environmental Utilities Instrument and Control Technician I/II 1.00 EUD741038004 Environmental Utilities Instrument and Control Technician I/II 1.00 EUD741038003 Environmental Utilities Instrument and Control Technician I/II 1.00 EUD741038002 Environmental Utilities Instrument and Control Technician I/II 1.00 EUD741024001 Environmental Utilities Maintenance Superintendent 1.00 EUD741147001 Environmental Utilities Operations Superintendent 1.00 EUD749550001 ERP Business Analyst I/II 1.00
EUD743412003 GIS Analyst I/II 1.00
EUD743412002 GIS Analyst I/II 1.00
EUD743412001 GIS Analyst I/II 1.00
EUD741648001 Government Relations Representative I/II 1.00 EUD741136001 Industrial Waste Analyst 1.00
EUD743610002 Industrial Waste Technician 1.00
EUD743732002 Interpretive Services Specialist I/II 1.00 EUD743732001 Interpretive Services Specialist I/II 1.00 EUD741135004 Laboratory Analyst I/II 1.00
EUD741135003 Laboratory Analyst I/II 1.00
EUD741135002 Laboratory Analyst I/II 1.00
EUD741135001 Laboratory Analyst I/II 1.00
EUD740050002 Management Analyst I/II 1.00
EUD740050001 Management Analyst I/II 1.00
EUD744517003 Marketing and Communication Analyst I/II 1.00 EUD744517002 Marketing and Communication Analyst I/II 1.00 EUD744520002 Materials Technician 1.00
EUD744520001 Materials Technician 1.00
EUD744957012 Office Assistant I/II 1.00
EUD744957011 Office Assistant I/II 1.00
EUD744957010 Office Assistant I/II 1.00
EUD744957009 Office Assistant I/II 1.00
EUD744957008 Office Assistant I/II 1.00
EUD744957006 Office Assistant I/II 1.00
EUD744957005 Office Assistant I/II 1.00
EUD744957004 Office Assistant I/II 1.00
EUD744957003 Office Assistant I/II 1.00
EUD744957002 Office Assistant I/II 1.00
EUD741028001 Organics Truck Driver 1.00
EUD745319003 Plant and Equipment Maintenance Worker I/II 1.00 EUD745319002 Plant and Equipment Maintenance Worker I/II 1.00 EUD745319001 Plant and Equipment Maintenance Worker I/II 1.00 EUD745328006 Plant and Equipment Mechanic I/II 1.00
EUD745328005 Plant and Equipment Mechanic I/II 1.00
EUD745328004 Plant and Equipment Mechanic I/II 1.00
EUD745328003 Plant and Equipment Mechanic I/II 1.00
EUD745328002 Plant and Equipment Mechanic I/II 1.00
EUD745328001 Plant and Equipment Mechanic I/II 1.00
EUD745402001 Predictive Maintenance Technician I/II 1.00 EUD745533002 Preventative Maintenance Coordinator 1.00
EUD745533001 Preventative Maintenance Coordinator 1.00
EUD745519003 Preventative Maintenance Supervisor 1.00
EUD745519002 Preventative Maintenance Supervisor 1.00
EUD745519001 Preventative Maintenance Supervisor 1.00
EUD745502005 Preventative Maintenance Technician I/II 1.00 EUD745502004 Preventative Maintenance Technician I/II 1.00 EUD745502003 Preventative Maintenance Technician I/II 1.00 EUD745502002 Preventative Maintenance Technician I/II 1.00 EUD745502001 Preventative Maintenance Technician I/II 1.00 EUD745514002 Principal Engineer 1.00
EUD745514001 Principal Engineer 1.00
EUD741004001 Process Engineer 1.00
EUD746150001 Recycling and Organics Coordinator 1.00
EUD746244001 Refuse and Stormwater Manager 1.00
EUD746226005 Refuse Maintenance Worker I/II 1.00
EUD746226004 Refuse Maintenance Worker I/II 1.00
EUD746226003 Refuse Maintenance Worker I/II 1.00
EUD746226002 Refuse Maintenance Worker I/II 1.00
EUD746226001 Refuse Maintenance Worker I/II 1.00
EUD746231001 Refuse Superintendent 1.00
EUD746235004 Refuse Supervisor 1.00
EUD746235003 Refuse Supervisor 1.00
EUD746235002 Refuse Supervisor 1.00
EUD746235001 Refuse Supervisor 1.00
EUD746304042 Refuse Truck Driver I/II 1.00
EUD746304040 Refuse Truck Driver I/II 1.00
EUD746304039 Refuse Truck Driver I/II 1.00
EUD746304036 Refuse Truck Driver I/II 1.00
EUD746304035 Refuse Truck Driver I/II 1.00
EUD746304034 Refuse Truck Driver I/II 1.00
EUD746304031 Refuse Truck Driver I/II 1.00
EUD746304030 Refuse Truck Driver I/II 1.00
EUD746304028 Refuse Truck Driver I/II 1.00
EUD746304027 Refuse Truck Driver I/II 1.00
EUD746304026 Refuse Truck Driver I/II 1.00
EUD746304025 Refuse Truck Driver I/II 1.00
EUD746304024 Refuse Truck Driver I/II 1.00
EUD746304023 Refuse Truck Driver I/II 1.00
EUD746304022 Refuse Truck Driver I/II 1.00
EUD746304021 Refuse Truck Driver I/II 1.00
EUD746304020 Refuse Truck Driver I/II 1.00
EUD746304019 Refuse Truck Driver I/II 1.00
EUD746304018 Refuse Truck Driver I/II 1.00
EUD746304017 Refuse Truck Driver I/II 1.00
EUD746304016 Refuse Truck Driver I/II 1.00
EUD746304015 Refuse Truck Driver I/II 1.00
EUD746304014 Refuse Truck Driver I/II 1.00
EUD746304013 Refuse Truck Driver I/II 1.00
EUD746304012 Refuse Truck Driver I/II 1.00
EUD746304011 Refuse Truck Driver I/II 1.00
EUD746304010 Refuse Truck Driver I/II 1.00
EUD746304009 Refuse Truck Driver I/II 1.00
EUD746304008 Refuse Truck Driver I/II 1.00
EUD746304007 Refuse Truck Driver I/II 1.00
EUD746304006 Refuse Truck Driver I/II 1.00
EUD746304005 Refuse Truck Driver I/II 1.00
EUD746304004 Refuse Truck Driver I/II 1.00
EUD746304003 Refuse Truck Driver I/II 1.00
EUD746304002 Refuse Truck Driver I/II 1.00
EUD746304001 Refuse Truck Driver I/II 1.00
EUD746500002 Safety Coordinator 1.00
EUD746500001 Safety Coordinator 1.00
EUD747020002 SCADA System Technician 1.00
EUD747020001 SCADA System Technician 1.00
EUD747142005 Senior Engineer 1.00
EUD747142004 Senior Engineer 1.00
EUD747142003 Senior Engineer 1.00
EUD747142002 Senior Engineer 1.00
EUD747142001 Senior Engineer 1.00
EUD747162001 Senior Engineering Technician 1.00
EUD741065001 Senior Environmental Utilities Business Analyst 1.00 EUD741123001 Senior Environmental Utilities Instrument & Control Technician 1.00 EUD747161001 Senior GIS Analyst 1.00
EUD743733001 Senior Interpretive Services Specialist 1.00 EUD741133002 Senior Laboratory Analyst 1.00
EUD741133001 Senior Laboratory Analyst 1.00
EUD747284003 Senior Preventative Maintenance Technician 1.00 EUD747284002 Senior Preventative Maintenance Technician 1.00 EUD747284001 Senior Preventative Maintenance Technician 1.00 EUD747129007 Senior Refuse Truck Driver 1.00
EUD747129006 Senior Refuse Truck Driver 1.00
EUD747129005 Senior Refuse Truck Driver 1.00
EUD747129004 Senior Refuse Truck Driver 1.00
EUD747129003 Senior Refuse Truck Driver 1.00
EUD747129002 Senior Refuse Truck Driver 1.00
EUD747129001 Senior Refuse Truck Driver 1.00
EUD749559001 Senior SCADA System Technician 1.00
EUD741279001 Senior Solid Waste Billing Technician 1.00 EUD747202006 Senior Wastewater Utility Maintenance Worker 1.00 EUD747202004 Senior Wastewater Utility Maintenance Worker 1.00 EUD747202003 Senior Wastewater Utility Maintenance Worker 1.00 EUD747202002 Senior Wastewater Utility Maintenance Worker 1.00 EUD747202001 Senior Wastewater Utility Maintenance Worker 1.00 EUD747202005 Senior Wastewater Utility Maintenance Worker 1.00 EUD747204008 Senior Water Distribution Worker 1.00
EUD747204007 Senior Water Distribution Worker 1.00
EUD747204006 Senior Water Distribution Worker 1.00
EUD747204005 Senior Water Distribution Worker 1.00
EUD747204004 Senior Water Distribution Worker 1.00
EUD747204003 Senior Water Distribution Worker 1.00
EUD747204002 Senior Water Distribution Worker 1.00
EUD747204001 Senior Water Distribution Worker 1.00
EUD747324001 Solid Waste Billing Technician 1.00
EUD741102001 Utility Exploration Center Supervisor 1.00 EUD741646001 Utility Government Relations Administrator 1.00 EUD741099002 Waste Services Clerk I/II 1.00
EUD741099001 Waste Services Clerk I/II 1.00
EUD741128001 Waste Services Field Enforcement Inspector 1.00 EUD748980001 Wastewater Collection Superintendent 1.00
EUD748978003 Wastewater Collection Supervisor 1.00
EUD748978002 Wastewater Collection Supervisor 1.00
EUD748978001 Wastewater Collection Supervisor 1.00
EUD749040001 Wastewater Treatment Plant Chief Operator 1.00 EUD749025009 Wastewater Treatment Plant Operator Grade I/II/III 8Hr 1.00 EUD749025006 Wastewater Treatment Plant Operator Grade I/II/III 8Hr 1.00 EUD749025005 Wastewater Treatment Plant Operator Grade I/II/III 8Hr 1.00 EUD749025004 Wastewater Treatment Plant Operator Grade I/II/III 8Hr 1.00 EUD749025003 Wastewater Treatment Plant Operator Grade I/II/III 8Hr 1.00 EUD749025002 Wastewater Treatment Plant Operator Grade I/II/III 8Hr 1.00 EUD749025001 Wastewater Treatment Plant Operator Grade I/II/III 8Hr 1.00 EUD749025010 Wastewater Treatment Plant Operator Grade III 24Hr 1.00 EUD749025007 Wastewater Treatment Plant Operator Grade III 24Hr 1.00 EUD749020004 Wastewater Treatment Plant Operator Grade III 24Hr 1.00 EUD749020003 Wastewater Treatment Plant Operator Grade III 24Hr 1.00 EUD749020002 Wastewater Treatment Plant Operator Grade III 24Hr 1.00 EUD749020001 Wastewater Treatment Plant Operator Grade III 24Hr 1.00 EUD749030002 Wastewater Treatment Plant Operator Grade IV 1.00 EUD749030001 Wastewater Treatment Plant Operator Grade IV 1.00 EUD749029027 Wastewater Utility Maintenance Worker I/II 1.00 EUD749029026 Wastewater Utility Maintenance Worker I/II 1.00 EUD749029025 Wastewater Utility Maintenance Worker I/II 1.00 EUD749029024 Wastewater Utility Maintenance Worker I/II 1.00 EUD749029022 Wastewater Utility Maintenance Worker I/II 1.00 EUD749029021 Wastewater Utility Maintenance Worker I/II 1.00 EUD749029020 Wastewater Utility Maintenance Worker I/II 1.00 EUD749029019 Wastewater Utility Maintenance Worker I/II 1.00 EUD749029018 Wastewater Utility Maintenance Worker I/II 1.00 EUD749029017 Wastewater Utility Maintenance Worker I/II 1.00 EUD749029016 Wastewater Utility Maintenance Worker I/II 1.00 EUD749029015 Wastewater Utility Maintenance Worker I/II 1.00 EUD749029014 Wastewater Utility Maintenance Worker I/II 1.00 EUD749029013 Wastewater Utility Maintenance Worker I/II 1.00 EUD749029012 Wastewater Utility Maintenance Worker I/II 1.00 EUD749029011 Wastewater Utility Maintenance Worker I/II 1.00 EUD749029010 Wastewater Utility Maintenance Worker I/II 1.00 EUD749029009 Wastewater Utility Maintenance Worker I/II 1.00 EUD749029008 Wastewater Utility Maintenance Worker I/II 1.00 EUD749029007 Wastewater Utility Maintenance Worker I/II 1.00 EUD749029006 Wastewater Utility Maintenance Worker I/II 1.00 EUD749029005 Wastewater Utility Maintenance Worker I/II 1.00 EUD749029004 Wastewater Utility Maintenance Worker I/II 1.00 EUD749029003 Wastewater Utility Maintenance Worker I/II 1.00 EUD749029002 Wastewater Utility Maintenance Worker I/II 1.00 EUD749029001 Wastewater Utility Maintenance Worker I/II 1.00 EUD749029023 Wastewater Utility Maintenance Worker I/II 1.00 EUD749045001 Wastewater Utility Manager 1.00
EUD749047001 Water Conservation Administrator 1.00
EUD749078001 Water Conservation Specialist 1.00
EUD749051005 Water Conservation Worker I/II 1.00
EUD749051004 Water Conservation Worker I/II 1.00
EUD749051003 Water Conservation Worker I/II 1.00
EUD749051002 Water Conservation Worker I/II 1.00
EUD749051001 Water Conservation Worker I/II 1.00
EUD749085001 Water Distribution Superintendent 1.00
EUD749084004 Water Distribution Supervisor 1.00
EUD749084003 Water Distribution Supervisor 1.00
EUD749084002 Water Distribution Supervisor 1.00
EUD749084001 Water Distribution Supervisor 1.00
EUD749248026 Water Distribution Worker I/II 1.00
EUD749248025 Water Distribution Worker I/II 1.00
EUD749248001 Water Distribution Worker I/II 1.00
EUD749248002 Water Distribution Worker I/II 1.00
EUD749248003 Water Distribution Worker I/II 1.00
EUD749248004 Water Distribution Worker I/II 1.00
EUD749248005 Water Distribution Worker I/II 1.00
EUD749248006 Water Distribution Worker I/II 1.00
EUD749248007 Water Distribution Worker I/II 1.00
EUD749248008 Water Distribution Worker I/II 1.00
EUD749248009 Water Distribution Worker I/II 1.00
EUD749248010 Water Distribution Worker I/II 1.00
EUD749248011 Water Distribution Worker I/II 1.00
EUD749248012 Water Distribution Worker I/II 1.00
EUD749248013 Water Distribution Worker I/II 1.00
EUD749248014 Water Distribution Worker I/II 1.00
EUD749248015 Water Distribution Worker I/II 1.00
EUD749248016 Water Distribution Worker I/II 1.00
EUD749248017 Water Distribution Worker I/II 1.00
EUD749248018 Water Distribution Worker I/II 1.00
EUD749248019 Water Distribution Worker I/II 1.00
EUD749248020 Water Distribution Worker I/II 1.00
EUD749248021 Water Distribution Worker I/II 1.00
EUD749248022 Water Distribution Worker I/II 1.00
EUD749248023 Water Distribution Worker I/II 1.00
EUD749248024 Water Distribution Worker I/II 1.00
EUD749101001 Water Quality Lab Supervisor 1.00
EUD749101002 Water Quality Lab Supervisor 1.00
EUD741053001 Water Quality Technician 1.00
EUD749175001 Water Treatment Plant Chief Operator 1.00
EUD749230006 Water Treatment Plant Operator Grade I/II/III 24Hr 1.00 EUD749230005 Water Treatment Plant Operator Grade I/II/III 24Hr 1.00 EUD749230004 Water Treatment Plant Operator Grade I/II/III 24Hr 1.00 EUD749230003 Water Treatment Plant Operator Grade I/II/III 24Hr 1.00 EUD749230002 Water Treatment Plant Operator Grade I/II/III 24Hr 1.00 EUD749230001 Water Treatment Plant Operator Grade I/II/III 24Hr 1.00 EUD749244001 Water Utility Manager 1.00
Total for Department: EUD Environmental Utilities Department 285.00 Position Code Position Title Allocated FTE
FIR480071001 Administrative Assistant 1.00
FIR480084001 Administrative Technician 1.00
FIR480480001 Assistant Fire Chief 1.00
FIR481645001 Department Public Information Officer 1.00 FIR482415001 EMS Quality Assurance Coordinator 1.00
FIR481022001 Fire and Environmental Inspection Supervisor 1.00 FIR483377005 Fire and Environmental Safety Inspector I/II 1.00 FIR483377004 Fire and Environmental Safety Inspector I/II 1.00 FIR483377003 Fire and Environmental Safety Inspector I/II 1.00 FIR483377002 Fire and Environmental Safety Inspector I/II 1.00 FIR483377001 Fire and Environmental Safety Inspector I/II 1.00 FIR480905007 Fire Battalion Chief 1.00
FIR480905006 Fire Battalion Chief 1.00
FIR480905004 Fire Battalion Chief 1.00
FIR480905003 Fire Battalion Chief 1.00
FIR480905002 Fire Battalion Chief 1.00
FIR480905001 Fire Battalion Chief 1.00
FIR480905005 Fire Battalion Chief 1.00
FIR483320034 Fire Captain 1.00
FIR483320033 Fire Captain 1.00
FIR483320032 Fire Captain 1.00
FIR483320030 Fire Captain 1.00
FIR483320029 Fire Captain 1.00
FIR483320028 Fire Captain 1.00
FIR483320027 Fire Captain 1.00
FIR483320026 Fire Captain 1.00
FIR483320025 Fire Captain 1.00
FIR483320024 Fire Captain 1.00
FIR483320023 Fire Captain 1.00
FIR483320022 Fire Captain 1.00
FIR483320021 Fire Captain 1.00
FIR483320020 Fire Captain 1.00
FIR483320019 Fire Captain 1.00
FIR483320018 Fire Captain 1.00
FIR483320017 Fire Captain 1.00
FIR483320016 Fire Captain 1.00
FIR483320015 Fire Captain 1.00
FIR483320014 Fire Captain 1.00
FIR483320013 Fire Captain 1.00
FIR483320012 Fire Captain 1.00
FIR483320011 Fire Captain 1.00
FIR483320010 Fire Captain 1.00
FIR483320009 Fire Captain 1.00
FIR483320008 Fire Captain 1.00
FIR483320007 Fire Captain 1.00
FIR483320006 Fire Captain 1.00
FIR483320005 Fire Captain 1.00
FIR483320004 Fire Captain 1.00
FIR483320003 Fire Captain 1.00
FIR483320002 Fire Captain 1.00
FIR483320001 Fire Captain 1.00
FIR483320031 Fire Captain (8 Hr) 1.00
FIR483330001 Fire Chief 1.00
FIR483332002 Fire Division Chief 1.00
FIR483332001 Fire Division Chief 1.00
FIR483340033 Fire Engineer 1.00
FIR483340032 Fire Engineer 1.00
FIR483340031 Fire Engineer 1.00
FIR483340030 Fire Engineer 1.00
FIR483340029 Fire Engineer 1.00
FIR483340028 Fire Engineer 1.00
FIR483340027 Fire Engineer 1.00
FIR483340026 Fire Engineer 1.00
FIR483340025 Fire Engineer 1.00
FIR483340024 Fire Engineer 1.00
FIR483340023 Fire Engineer 1.00
FIR483340022 Fire Engineer 1.00
FIR483340021 Fire Engineer 1.00
FIR483340020 Fire Engineer 1.00
FIR483340019 Fire Engineer 1.00
FIR483340018 Fire Engineer 1.00
FIR483340017 Fire Engineer 1.00
FIR483340016 Fire Engineer 1.00
FIR483340015 Fire Engineer 1.00
FIR483340014 Fire Engineer 1.00
FIR483340013 Fire Engineer 1.00
FIR483340012 Fire Engineer 1.00
FIR483340011 Fire Engineer 1.00
FIR483340010 Fire Engineer 1.00
FIR483340009 Fire Engineer 1.00
FIR483340008 Fire Engineer 1.00
FIR483340007 Fire Engineer 1.00
FIR483340006 Fire Engineer 1.00
FIR483340005 Fire Engineer 1.00
FIR483340004 Fire Engineer 1.00
FIR483340003 Fire Engineer 1.00
FIR483340002 Fire Engineer 1.00
FIR483340001 Fire Engineer 1.00
FIR483355039 Firefighter Paramedic I/II 1.00
FIR483355038 Firefighter Paramedic I/II 1.00
FIR483355037 Firefighter Paramedic I/II 1.00
FIR483355036 Firefighter Paramedic I/II 1.00
FIR483355035 Firefighter Paramedic I/II 1.00
FIR483355034 Firefighter Paramedic I/II 1.00
FIR483355033 Firefighter Paramedic I/II 1.00
FIR483355032 Firefighter Paramedic I/II 1.00
FIR483355031 Firefighter Paramedic I/II 1.00
FIR483355030 Firefighter Paramedic I/II 1.00
FIR483355029 Firefighter Paramedic I/II 1.00
FIR483355028 Firefighter Paramedic I/II 1.00
FIR483355027 Firefighter Paramedic I/II 1.00
FIR483355026 Firefighter Paramedic I/II 1.00
FIR483355025 Firefighter Paramedic I/II 1.00
FIR483355024 Firefighter Paramedic I/II 1.00
FIR483355023 Firefighter Paramedic I/II 1.00
FIR483355022 Firefighter Paramedic I/II 1.00
FIR483355021 Firefighter Paramedic I/II 1.00
FIR483355020 Firefighter Paramedic I/II 1.00
FIR483355019 Firefighter Paramedic I/II 1.00
FIR483355018 Firefighter Paramedic I/II 1.00
FIR483355017 Firefighter Paramedic I/II 1.00
FIR483355016 Firefighter Paramedic I/II 1.00
FIR483355015 Firefighter Paramedic I/II 1.00
FIR483355014 Firefighter Paramedic I/II 1.00
FIR483355013 Firefighter Paramedic I/II 1.00
FIR483355012 Firefighter Paramedic I/II 1.00
FIR483355011 Firefighter Paramedic I/II 1.00
FIR483355010 Firefighter Paramedic I/II 1.00
FIR483355009 Firefighter Paramedic I/II 1.00
FIR483355008 Firefighter Paramedic I/II 1.00
FIR483355007 Firefighter Paramedic I/II 1.00
FIR483355006 Firefighter Paramedic I/II 1.00
FIR483355005 Firefighter Paramedic I/II 1.00
FIR483355004 Firefighter Paramedic I/II 1.00
FIR483355003 Firefighter Paramedic I/II 1.00
FIR483355002 Firefighter Paramedic I/II 1.00
FIR483355001 Firefighter Paramedic I/II 1.00
FIR483412001 GIS Analyst I/II 1.00
FIR480050001 Management Analyst I/II 1.00
FIR484957001 Office Assistant I/II 1.00
Total for Department: FIR Fire Department 130.00
Position Code Position Title Allocated FTE
FIN240040003 Accountant I/II 1.00
FIN240040002 Accountant I/II 1.00
FIN240040001 Accountant I/II 1.00
FIN241370001 Accounting Manager 1.00
FIN240043001 Accounting Supervisor 1.00
FIN249427001 Accounts Payable Supervisor 1.00
FIN240084002 Administrative Technician 1.00
FIN240084001 Administrative Technician 1.00
FIN241021001 Assistant City Manager/Chief Financial Officer 1.00 FIN2421026001 Assistant Finance Director 1.00
FIN240915004 Budget Analyst I/II 1.00
FIN240915003 Budget Analyst I/II 1.00
FIN240915002 Budget Analyst I/II 1.00
FIN240915001 Budget Analyst I/II 1.00
FIN240930001 Budget Manager 1.00
FIN241060004 Buyer I/II 1.00
FIN241060003 Buyer I/II 1.00
FIN241060002 Buyer I/II 1.00
FIN241060001 Buyer I/II 1.00
FIN249550004 ERP Business Analyst I/II 1.00
FIN249550003 ERP Business Analyst I/II 1.00
FIN249550002 ERP Business Analyst I/II 1.00
FIN249550001 ERP Business Analyst I/II 1.00
FIN246520001 ERP Program Manager 1.00
FIN242900001 Finance Manager 1.00
FIN243326007 Finance Technician I/II 1.00
FIN243326006 Finance Technician I/II 1.00
FIN243326005 Finance Technician I/II 1.00
FIN243326004 Finance Technician I/II 1.00
FIN243326003 Finance Technician I/II 1.00
FIN243326002 Finance Technician I/II 1.00
FIN243326001 Finance Technician I/II 1.00
FIN240050002 Management Analyst I/II 1.00
FIN240050001 Management Analyst I/II 1.00
FIN244457001 Management Assistant I/II 1.00
FIN241124002 Payroll Analyst I/II 1.00
FIN241124001 Payroll Analyst I/II 1.00
FIN249428001 Payroll Supervisor 1.00
FIN245101004 Payroll Technician I/II 0.60
FIN245101003 Payroll Technician I/II 1.00
FIN245101002 Payroll Technician I/II 1.00
FIN245101001 Payroll Technician I/II 1.00
FIN245652001 Purchasing and Warehouse Manager 1.00
FIN241129004 Purchasing Supervisor 1.00
FIN241051003 Senior Accountant 1.00
FIN241051002 Senior Accountant 1.00
FIN241051001 Senior Accountant 1.00
FIN247139001 Senior Buyer 1.00
FIN247147001 Senior Finance Technician 1.00
FIN247141001 Senior Payroll Technician 1.00
FIN247203001 Inventory Supply and Control Technician 1.00 FIN248952002 Inventory Supply and Control Worker I/II 1.00 FIN248952001 Inventory Supply and Control Worker I/II 1.00 Total for Department: FIN Finance Department 52.60
Position Code Position Title Allocated FTE
HRD280071001 Administrative Assistant 1.000
HRD280484001 Assistant Human Resources Director 1.000
HRD283596004 Human Resources Analyst I/II 1.000
HRD283596003 Human Resources Analyst I/II 1.000
HRD283596002 Human Resources Analyst I/II 1.000
HRD283596001 Human Resources Analyst I/II 1.000
HRD283598001 Human Resources Director 1.000
HRD283599001 Human Resources Manager 1.000
HRD285235008 Human Resources Technician 1.000
HRD285235007 Human Resources Technician 1.000
HRD285235006 Human Resources Technician 1.000
HRD285235005 Human Resources Technician 1.000
HRD285235004 Human Resources Technician 1.000
HRD285235003 Human Resources Technician 1.000
HRD285235002 Human Resources Technician 1.000
HRD285235001 Human Resources Technician 1.000
HRD286450001 Risk Manager 1.000
HRD287178002 Senior Human Resources Technician 1.000
HRD287178001 Senior Human Resources Technician 1.000
Total for Department: HRD Human Resources Department 19.000 Position Code Position Title Allocated FTE
ITD320084001 Administrative Technician 1.00
ITD329558002 Assistant Information Technology Director 1.00 ITD329558001 Assistant Information Technology Director 1.00 ITD321362013 Business Systems Analyst I/II 1.00
ITD321362012 Business Systems Analyst I/II 1.00
ITD321362011 Business Systems Analyst I/II 1.00
ITD321362010 Business Systems Analyst I/II 1.00
ITD321362009 Business Systems Analyst I/II 1.00
ITD321362007 Business Systems Analyst I/II 1.00
ITD321362005 Business Systems Analyst I/II 1.00
ITD321362004 Business Systems Analyst I/II 1.00
ITD321362003 Business Systems Analyst I/II 1.00
ITD321362002 Business Systems Analyst I/II 1.00
ITD321362001 Business Systems Analyst I/II 1.00
ITD321180001 Chief Information Officer 1.00
ITD321552007 Database Analyst I/II 1.00
ITD321552006 Database Analyst I/II 1.00
ITD321552004 Database Analyst I/II 1.00
ITD321552003 Database Analyst I/II 1.00
ITD321552002 Database Analyst I/II 1.00
ITD321552001 Database Analyst I/II 1.00
ITD323625001 Information Security Administrator 1.00
ITD323794013 Information Technology Analyst I/II 1.00
ITD323794012 Information Technology Analyst I/II 1.00
ITD323794010 Information Technology Analyst I/II 1.00
ITD323794009 Information Technology Analyst I/II 1.00
ITD323794007 Information Technology Analyst I/II 1.00
ITD323794006 Information Technology Analyst I/II 1.00
ITD323794002 Information Technology Analyst I/II 1.00
ITD323794001 Information Technology Analyst I/II 1.00
ITD329542001 Information Technology Client Services Supervisor 1.00 ITD323602005 Information Technology Program Manager 1.00 ITD323602004 Information Technology Program Manager 1.00 ITD323602003 Information Technology Program Manager 1.00 ITD323602002 Information Technology Program Manager 1.00 ITD323602001 Information Technology Program Manager 1.00 ITD323618004 Information Technology Technician I/II 1.00 ITD323618003 Information Technology Technician I/II 1.00 ITD323618001 Information Technology Technician I/II 1.00 ITD320050001 Management Analyst I/II 1.00
ITD321089003 Security Analyst I/II 1.00
ITD321089002 Security Analyst I/II 1.00
ITD321090001 Security Architect 1.00
ITD327130003 Senior Business Systems Analyst 1.00
ITD327130002 Senior Business Systems Analyst 1.00
ITD327130001 Senior Business Systems Analyst 1.00
ITD327145001 Senior Database Analyst 1.00
ITD327194001 Senior Information Technology Analyst 1.00 ITD327149003 Senior Information Technology Technician 1.00 ITD327149001 Senior Information Technology Technician 1.00 ITD321091008 Systems Architect 1.00
ITD321091007 Systems Architect 1.00
ITD321091006 Systems Architect 1.00
ITD321091005 Systems Architect 1.00
ITD321091004 Systems Architect 1.00
ITD321091003 Systems Architect 1.00
ITD321091002 Systems Architect 1.00
ITD321091001 Systems Architect 1.00
Total for Department: ITD Information Technology Department 58.00 Position Code Position Title Allocated FTE
PAC181645002 Department Public Information Officer 1.00 PAC181645001 Department Public Information Officer 1.00 PAC181659001 Deputy City Manager 1.00
PAC181109001 Digital Content Analyst 1.00
CMO143451001 Government Relations Administrator 1.00
PAC184517002 Marketing and Communication Analyst I/II 1.00 PAC184517001 Marketing and Communication Analyst I/II 1.00 PAC181108001 Public Affairs and Communication Manager 1.00 PAC188426001 Video and Multimedia Technician 1.00
Total for Department: PAC Public Affairs and Communications 9.00 Position Code Position Title Allocated FTE
POL440071001 Administrative Assistant 1.00
POL440100003 Animal Control Officer 1.00
POL440100002 Animal Control Officer 1.00
POL440100001 Animal Control Officer 1.00
POL440110001 Animal Control Supervisor 1.00
POL441430004 Communications Supervisor 1.00
POL441430003 Communications Supervisor 1.00
POL441430002 Communications Supervisor 1.00
POL441430001 Communications Supervisor 1.00
POL441380011 Community Services Officer I/II 1.00
POL441380010 Community Services Officer I/II 1.00
POL441380009 Community Services Officer I/II 1.00
POL441380008 Community Services Officer I/II 1.00
POL441380007 Community Services Officer I/II 1.00
POL441380006 Community Services Officer I/II 1.00
POL441380005 Community Services Officer I/II 1.00
POL441380004 Community Services Officer I/II 1.00
POL441380003 Community Services Officer I/II 1.00
POL441380002 Community Services Officer I/II 1.00
POL441380001 Community Services Officer I/II 1.00
POL441146001 Crime Analysis Supervisor 1.00
POL441475002 Crime Analyst 1.00
POL441700021 Dispatcher I/II 1.00
POL441700020 Dispatcher I/II 1.00
POL441700019 Dispatcher I/II 1.00
POL441700018 Dispatcher I/II 1.00
POL441700017 Dispatcher I/II 1.00
POL441700016 Dispatcher I/II 1.00
POL441700015 Dispatcher I/II 1.00
POL441700014 Dispatcher I/II 1.00
POL441700013 Dispatcher I/II 1.00
POL441700012 Dispatcher I/II 1.00
POL441700011 Dispatcher I/II 1.00
POL441700010 Dispatcher I/II 1.00
POL441700009 Dispatcher I/II 1.00
POL441700008 Dispatcher I/II 1.00
POL441700007 Dispatcher I/II 1.00
POL441700006 Dispatcher I/II 1.00
POL441700005 Dispatcher I/II 1.00
POL441700004 Dispatcher I/II 1.00
POL441700003 Dispatcher I/II 1.00
POL441700002 Dispatcher I/II 1.00
POL441700001 Dispatcher I/II 1.00
POL440050001 Management Analyst I/II 1.00
POL445400003 Police Captain 1.00
POL445400002 Police Captain 1.00
POL445400001 Police Captain 1.00
POL445410001 Police Chief 1.00
POL445420008 Police Lieutenant 1.00
POL445420007 Police Lieutenant 1.00
POL445420006 Police Lieutenant 1.00
POL445420005 Police Lieutenant 1.00
POL445420004 Police Lieutenant 1.00
POL445420003 Police Lieutenant 1.00
POL445420002 Police Lieutenant 1.00
POL445420001 Police Lieutenant 1.00
POL445430126 Police Officer/Police Trainee 1.00
POL445430125 Police Officer/Police Trainee 1.00
POL445430124 Police Officer/Police Trainee 1.00
POL445430123 Police Officer/Police Trainee 1.00
POL445430122 Police Officer/Police Trainee 1.00
POL445430121 Police Officer/Police Trainee 1.00
POL445430120 Police Officer/Police Trainee 1.00
POL445430119 Police Officer/Police Trainee 1.00
POL445430118 Police Officer/Police Trainee 1.00
POL445430117 Police Officer/Police Trainee 1.00
POL445430116 Police Officer/Police Trainee 1.00
POL445430115 Police Officer/Police Trainee 1.00
POL445430114 Police Officer/Police Trainee 1.00
POL445430113 Police Officer/Police Trainee 1.00
POL445430112 Police Officer/Police Trainee 1.00
POL445430111 Police Officer/Police Trainee 1.00
POL445430110 Police Officer/Police Trainee 1.00
POL445430109 Police Officer/Police Trainee 1.00
POL445430108 Police Officer/Police Trainee 1.00
POL445430107 Police Officer/Police Trainee 1.00
POL445430106 Police Officer/Police Trainee 1.00
POL445430105 Police Officer/Police Trainee 1.00
POL445430104 Police Officer/Police Trainee 1.00
POL445430103 Police Officer/Police Trainee 1.00
POL445430102 Police Officer/Police Trainee 1.00
POL445430101 Police Officer/Police Trainee 1.00
POL445430100 Police Officer/Police Trainee 1.00
POL445430099 Police Officer/Police Trainee 1.00
POL445430098 Police Officer/Police Trainee 1.00
POL445430097 Police Officer/Police Trainee 1.00
POL445430096 Police Officer/Police Trainee 1.00
POL445430095 Police Officer/Police Trainee 1.00
POL445430094 Police Officer/Police Trainee 1.00
POL445430093 Police Officer/Police Trainee 1.00
POL445430092 Police Officer/Police Trainee 1.00
POL445430091 Police Officer/Police Trainee 1.00
POL445430090 Police Officer/Police Trainee 1.00
POL445430089 Police Officer/Police Trainee 1.00
POL445430088 Police Officer/Police Trainee 1.00
POL445430087 Police Officer/Police Trainee 1.00
POL445430086 Police Officer/Police Trainee 1.00
POL445430085 Police Officer/Police Trainee 1.00
POL445430084 Police Officer/Police Trainee 1.00
POL445430083 Police Officer/Police Trainee 1.00
POL445430082 Police Officer/Police Trainee 1.00
POL445430081 Police Officer/Police Trainee 1.00
POL445430080 Police Officer/Police Trainee 1.00
POL445430079 Police Officer/Police Trainee 1.00
POL445430078 Police Officer/Police Trainee 1.00
POL445430077 Police Officer/Police Trainee 1.00
POL445430076 Police Officer/Police Trainee 1.00
POL445430075 Police Officer/Police Trainee 1.00
POL445430074 Police Officer/Police Trainee 1.00
POL445430073 Police Officer/Police Trainee 1.00
POL445430072 Police Officer/Police Trainee 1.00
POL445430071 Police Officer/Police Trainee 1.00
POL445430070 Police Officer/Police Trainee 1.00
POL445430069 Police Officer/Police Trainee 1.00
POL445430068 Police Officer/Police Trainee 1.00
POL445430067 Police Officer/Police Trainee 1.00
POL445430066 Police Officer/Police Trainee 1.00
POL445430065 Police Officer/Police Trainee 1.00
POL445430064 Police Officer/Police Trainee 1.00
POL445430063 Police Officer/Police Trainee 1.00
POL445430062 Police Officer/Police Trainee 1.00
POL445430061 Police Officer/Police Trainee 1.00
POL445430060 Police Officer/Police Trainee 1.00
POL445430059 Police Officer/Police Trainee 1.00
POL445430058 Police Officer/Police Trainee 1.00
POL445430057 Police Officer/Police Trainee 1.00
POL445430056 Police Officer/Police Trainee 1.00
POL445430055 Police Officer/Police Trainee 1.00
POL445430054 Police Officer/Police Trainee 1.00
POL445430053 Police Officer/Police Trainee 1.00
POL445430052 Police Officer/Police Trainee 1.00
POL445430051 Police Officer/Police Trainee 1.00
POL445430050 Police Officer/Police Trainee 1.00
POL445430049 Police Officer/Police Trainee 1.00
POL445430048 Police Officer/Police Trainee 1.00
POL445430047 Police Officer/Police Trainee 1.00
POL445430046 Police Officer/Police Trainee 1.00
POL445430045 Police Officer/Police Trainee 1.00
POL445430044 Police Officer/Police Trainee 1.00
POL445430043 Police Officer/Police Trainee 1.00
POL445430042 Police Officer/Police Trainee 1.00
POL445430041 Police Officer/Police Trainee 1.00
POL445430040 Police Officer/Police Trainee 1.00
POL445430039 Police Officer/Police Trainee 1.00
POL445430038 Police Officer/Police Trainee 1.00
POL445430037 Police Officer/Police Trainee 1.00
POL445430036 Police Officer/Police Trainee 1.00
POL445430035 Police Officer/Police Trainee 1.00
POL445430034 Police Officer/Police Trainee 1.00
POL445430033 Police Officer/Police Trainee 1.00
POL445430032 Police Officer/Police Trainee 1.00
POL445430031 Police Officer/Police Trainee 1.00
POL445430030 Police Officer/Police Trainee 1.00
POL445430029 Police Officer/Police Trainee 1.00
POL445430028 Police Officer/Police Trainee 1.00
POL445430027 Police Officer/Police Trainee 1.00
POL445430026 Police Officer/Police Trainee 1.00
POL445430025 Police Officer/Police Trainee 1.00
POL445430024 Police Officer/Police Trainee 1.00
POL445430023 Police Officer/Police Trainee 1.00
POL445430022 Police Officer/Police Trainee 1.00
POL445430021 Police Officer/Police Trainee 1.00
POL445430020 Police Officer/Police Trainee 1.00
POL445430019 Police Officer/Police Trainee 1.00
POL445430018 Police Officer/Police Trainee 1.00
POL445430017 Police Officer/Police Trainee 1.00
POL445430016 Police Officer/Police Trainee 1.00
POL445430015 Police Officer/Police Trainee 1.00
POL445430014 Police Officer/Police Trainee 1.00
POL445430013 Police Officer/Police Trainee 1.00
POL445430012 Police Officer/Police Trainee 1.00
POL445430011 Police Officer/Police Trainee 1.00
POL445430010 Police Officer/Police Trainee 1.00
POL445430009 Police Officer/Police Trainee 1.00
POL445430008 Police Officer/Police Trainee 1.00
POL445430007 Police Officer/Police Trainee 1.00
POL445430006 Police Officer/Police Trainee 1.00
POL445430005 Police Officer/Police Trainee 1.00
POL445430004 Police Officer/Police Trainee 1.00
POL445430003 Police Officer/Police Trainee 1.00
POL445430002 Police Officer/Police Trainee 1.00
POL445430001 Police Officer/Police Trainee 1.00
POL445429001 Police Property and Evidence Supervisor 1.00 POL441094004 Police Property and Evidence Technician I/II 1.00 POL441094003 Police Property and Evidence Technician I/II 1.00 POL441094002 Police Property and Evidence Technician I/II 1.00 POL441094001 Police Property and Evidence Technician I/II 1.00 POL445440010 Police Records Clerk I/II 1.00
POL445440009 Police Records Clerk I/II 1.00
POL445440008 Police Records Clerk I/II 1.00
POL445440007 Police Records Clerk I/II 1.00
POL445440005 Police Records Clerk I/II 1.00
POL445440004 Police Records Clerk I/II 1.00
POL445440003 Police Records Clerk I/II 1.00
POL445440002 Police Records Clerk I/II 1.00
POL445440001 Police Records Clerk I/II 1.00
POL445494004 Police Scene Technician I/II 1.00
POL445494003 Police Scene Technician I/II 1.00
POL445494002 Police Scene Technician I/II 1.00
POL445494001 Police Scene Technician I/II 1.00
POL445470017 Police Sergeant 1.00
POL445470016 Police Sergeant 1.00
POL445470015 Police Sergeant 1.00
POL445470014 Police Sergeant 1.00
POL445470013 Police Sergeant 1.00
POL445470012 Police Sergeant 1.00
POL445470011 Police Sergeant 1.00
POL445470010 Police Sergeant 1.00
POL445470009 Police Sergeant 1.00
POL445470008 Police Sergeant 1.00
POL445470007 Police Sergeant 1.00
POL445470006 Police Sergeant 1.00
POL445470005 Police Sergeant 1.00
POL445470004 Police Sergeant 1.00
POL445470003 Police Sergeant 1.00
POL445470002 Police Sergeant 1.00
POL445470001 Police Sergeant 1.00
POL445489002 Police Services Administrator 1.00
POL445489001 Police Services Administrator 1.00
POL441138001 Police Social Services Practitioner I 1.00 POL441126001 Police Social Services Supervisor 1.00
POL445657001 Public Safety Program Coordinator 1.00
POL445748002 Records Supervisor 1.00
POL445748001 Records Supervisor 1.00
POL441092003 Senior Police Records Clerk 1.00
POL441092002 Senior Police Records Clerk 1.00
POL441092001 Senior Police Records Clerk 1.00
Total for Department: POL Police Department 227.00
Position Code Position Title Allocated FTE
PRL580071001 Administrative Assistant 1.00
PRL580084008 Administrative Technician 1.00
PRL580084007 Administrative Technician 1.00
PRL580084006 Administrative Technician 1.00
PRL580084005 Administrative Technician 1.00
PRL580084004 Administrative Technician 1.00
PRL580084003 Administrative Technician 1.00
PRL580084002 Administrative Technician 1.00
PRL580084001 Administrative Technician 1.00
PRL588302002 Aquatics Maintenance Technician 1.00
PRL588302001 Aquatics Maintenance Technician 1.00
PRL588300001 Arborist Technician 1.00
PRL581225014 Child Care Site Coordinator 1.00
PRL581225013 Child Care Site Coordinator 1.00
PRL581225012 Child Care Site Coordinator 1.00
PRL581225011 Child Care Site Coordinator 1.00
PRL581225010 Child Care Site Coordinator 1.00
PRL581225009 Child Care Site Coordinator 1.00
PRL581225008 Child Care Site Coordinator 1.00
PRL581225007 Child Care Site Coordinator 1.00
PRL581225006 Child Care Site Coordinator 1.00
PRL581225005 Child Care Site Coordinator 1.00
PRL581225004 Child Care Site Coordinator 1.00
PRL581225003 Child Care Site Coordinator 1.00
PRL581225002 Child Care Site Coordinator 1.00
PRL581225001 Child Care Site Coordinator 1.00
PRL581142001 City Librarian 1.00
PRL583740001 Cultural Arts Supervisor 1.00
PRL581645002 Department Public Information Officer 1.00 PRL581101001 Graphic Designer 1.00
PRL585075002 Irrigation Technician 1.00
PRL584152007 Librarian I/II 0.50
PRL584152005 Librarian I/II 1.00
PRL584152004 Librarian I/II 1.00
PRL584152003 Librarian I/II 1.00
PRL584152002 Librarian I/II 1.00
PRL584152001 Librarian I/II 1.00
PRL584210005 Library Assistant I/II 1.00
PRL584210003 Library Assistant I/II 1.00
PRL584210002 Library Assistant I/II 1.00
PRL584210001 Library Assistant I/II 1.00
PRL589544009 Library Supervisor 1.00
PRL589544005 Library Supervisor 1.00
PRL589544001 Library Supervisor 1.00
PRL584250003 Library Technician 1.00
PRL584250002 Library Technician 1.00
PRL584250001 Library Technician 1.00
PRL580050003 Management Analyst I/II 1.00
PRL580050002 Management Analyst I/II 1.00
PRL580050001 Management Analyst I/II 1.00
PRL584517002 Marketing and Communication Analyst I/II 1.00 PRL584517001 Marketing and Communication Analyst I/II 1.00 PRL581121001 Museum Assistant 1.00
PRL589545001 Natural Resources Specialist I/II 1.00
PRL584872003 Natural Resources Worker I/II 1.00
PRL584872002 Natural Resources Worker I/II 1.00
PRL584872001 Natural Resources Worker I/II 1.00
PRL584872006 Natural Resources Worker I/II 1.00
PRL584872005 Natural Resources Worker I/II 1.00
PRL584872004 Natural Resources Worker I/II 1.00
PRL584957009 Office Assistant I/II 1.00
PRL584957006 Office Assistant I/II 1.00
PRL584957003 Office Assistant I/II 1.00
PRL584957002 Office Assistant I/II 1.00
PRL585022002 Park Development Project Manager I/II 1.00 PRL585022001 Park Development Project Manager I/II 1.00 PRL581106001 Park Planning and Development Manager 1.00 PRL589546003 Parks and Open Space Superintendent 1.00
PRL589546001 Parks and Open Space Superintendent 1.00
PRL585069004 Parks and Open Space Supervisor 1.00
PRL585069003 Parks and Open Space Supervisor 1.00
PRL585069002 Parks and Open Space Supervisor 1.00
PRL585069001 Parks and Open Space Supervisor 1.00
PRL585080030 Parks Maintenance Worker I/II 1.00
PRL585080029 Parks Maintenance Worker I/II 1.00
PRL585080028 Parks Maintenance Worker I/II 1.00
PRL585080027 Parks Maintenance Worker I/II 1.00
PRL585080026 Parks Maintenance Worker I/II 1.00
PRL585080025 Parks Maintenance Worker I/II 1.00
PRL585080024 Parks Maintenance Worker I/II 1.00
PRL585080023 Parks Maintenance Worker I/II 1.00
PRL585080022 Parks Maintenance Worker I/II 1.00
PRL585080021 Parks Maintenance Worker I/II 1.00
PRL585080020 Parks Maintenance Worker I/II 1.00
PRL585080019 Parks Maintenance Worker I/II 1.00
PRL585080018 Parks Maintenance Worker I/II 1.00
PRL585080017 Parks Maintenance Worker I/II 1.00
PRL585080016 Parks Maintenance Worker I/II 1.00
PRL585080015 Parks Maintenance Worker I/II 1.00
PRL585080014 Parks Maintenance Worker I/II 1.00
PRL585080013 Parks Maintenance Worker I/II 1.00
PRL585080012 Parks Maintenance Worker I/II 1.00
PRL585080011 Parks Maintenance Worker I/II 1.00
PRL585080010 Parks Maintenance Worker I/II 1.00
PRL585080009 Parks Maintenance Worker I/II 1.00
PRL585080008 Parks Maintenance Worker I/II 1.00
PRL585080007 Parks Maintenance Worker I/II 1.00
PRL585080006 Parks Maintenance Worker I/II 1.00
PRL585080005 Parks Maintenance Worker I/II 1.00
PRL585080004 Parks Maintenance Worker I/II 1.00
PRL585080003 Parks Maintenance Worker I/II 1.00
PRL585080002 Parks Maintenance Worker I/II 1.00
PRL585080001 Parks Maintenance Worker I/II 1.00
PRL581278006 Parks Project Technician 1.00
PRL581278005 Parks Project Technician 1.00
PRL581278004 Parks Project Technician 1.00
PRL581278003 Parks Project Technician 1.00
PRL581278002 Parks Project Technician 1.00
PRL581278001 Parks Project Technician 1.00
PRL585082001 Parks Recreation and Libraries Director 1.00 PRL589547004 Parks Recreation and Libraries Manager 1.00 PRL589547003 Parks Recreation and Libraries Manager 1.00 PRL589547002 Parks Recreation and Libraries Manager 1.00 PRL589543011 Recreation Coordinator I/II 1.00
PRL589543010 Recreation Coordinator I/II 1.00
PRL589543009 Recreation Coordinator I/II 1.00
PRL589543007 Recreation Coordinator I/II 1.00
PRL589543006 Recreation Coordinator I/II 1.00
PRL589543004 Recreation Coordinator I/II 1.00
PRL589543003 Recreation Coordinator I/II 1.00
PRL589543002 Recreation Coordinator I/II 1.00
PRL589543001 Recreation Coordinator I/II 1.00
PRL589543008 Recreation Coordinator I/II 1.00
PRL588304005 Recreation Leader 1.00
PRL588304004 Recreation Leader 1.00
PRL588304003 Recreation Leader 1.00
PRL588304002 Recreation Leader 1.00
PRL588304001 Recreation Leader 1.00
PRL581143005 Recreation Superintendent 1.00
PRL581143004 Recreation Superintendent 1.00
PRL581143002 Recreation Superintendent 1.00
PRL581144008 Recreation Supervisor 1.00
PRL581144007 Recreation Supervisor 1.00
PRL581144006 Recreation Supervisor 1.00
PRL581144004 Recreation Supervisor 1.00
PRL581144003 Recreation Supervisor 1.00
PRL581144002 Recreation Supervisor 1.00
PRL581144001 Recreation Supervisor 1.00
PRL583733001 Senior Interpretive Services Specialist 1.00 PRL587154001 Senior Natural Resources Worker 1.00
PRL581119001 Senior Park Development Project Manager 1.00 PRL587192006 Senior Parks Maintenance Worker 1.00
PRL587192005 Senior Parks Maintenance Worker 1.00
PRL587192004 Senior Parks Maintenance Worker 1.00
PRL587192003 Senior Parks Maintenance Worker 1.00
PRL587192002 Senior Parks Maintenance Worker 1.00
PRL587201001 Senior Tree Trimmer 1.00
PRL581504002 Tree Trimmer I/II 1.00
PRL581504001 Tree Trimmer I/II 1.00
PRL581107001 Turf and Sports Field Technician 1.00
PRL588762001 Urban Forester 1.00
PRL581641004 Youth Development Program Coordinator 1.00 PRL581641003 Youth Development Program Coordinator 1.00 PRL581641001 Youth Development Program Coordinator 1.00 Total for Department: PRL Parks Recreation and Libraries 153.50 Position Code Position Title Allocated FTE
PWD620088001 Associate/Assistant Transportation Planner 1.00 PWD620071001 Administrative Assistant 1.00
PWD620084006 Administrative Technician 0.75
PWD620084005 Administrative Technician 1.00
PWD620084004 Administrative Technician 1.00
PWD620084003 Administrative Technician 1.00
PWD620084002 Administrative Technician 1.00
PWD620084001 Administrative Technician 1.00
PWD620090001 Alternative Transportation Manager 1.00
PWD621148001 Assistant Public Works Director 1.00
PWD621005012 Associate (PE)/Assistant/Junior Engineer 1.00 PWD621005011 Associate (PE)/Assistant/Junior Engineer 1.00 PWD621005010 Associate (PE)/Assistant/Junior Engineer 1.00 PWD621005009 Associate (PE)/Assistant/Junior Engineer 1.00 PWD621005008 Associate (PE)/Assistant/Junior Engineer 1.00 PWD621005007 Associate (PE)/Assistant/Junior Engineer 1.00 PWD621005006 Associate (PE)/Assistant/Junior Engineer 1.00 PWD621005005 Associate (PE)/Assistant/Junior Engineer 1.00 PWD621005004 Associate (PE)/Assistant/Junior Engineer 1.00 PWD621005003 Associate (PE)/Assistant/Junior Engineer 1.00 PWD621005002 Associate (PE)/Assistant/Junior Engineer 1.00 PWD621005001 Associate (PE)/Assistant/Junior Engineer 1.00 PWD620088003 Associate/Assistant Transportation Planner 1.00 PWD621032006 Building Maintenance Worker I/II 1.00
PWD621032005 Building Maintenance Worker I/II 1.00
PWD621032004 Building Maintenance Worker I/II 1.00
PWD621032003 Building Maintenance Worker I/II 1.00
PWD621032002 Building Maintenance Worker I/II 1.00
PWD621032001 Building Maintenance Worker I/II 1.00
PWD621401001 Community Relations Analyst 1.00
PWD621485006 Custodian 1.00
PWD621485005 Custodian 1.00
PWD621485004 Custodian 1.00
PWD621485003 Custodian 1.00
PWD621485002 Custodian 1.00
PWD621485001 Custodian 1.00
PWD621025001 Custodian Supervisor 1.00
PWD622385005 Electronics Technician I/II/III 1.00
PWD622385004 Electronics Technician I/II/III 1.00
PWD622385003 Electronics Technician I/II/III 1.00
PWD622385002 Electronics Technician I/II/III 1.00
PWD622385001 Electronics Technician I/II/III 1.00
PWD621350001 Engineering Technician I/II 1.00
PWD621300002 Engineering Technician I/II 1.00
PWD622560005 Equipment Serviceworker 1.00
PWD622560004 Equipment Serviceworker 1.00
PWD622560003 Equipment Serviceworker 1.00
PWD622560002 Equipment Serviceworker 1.00
PWD622560001 Equipment Serviceworker 1.00
PWD624321001 Facilities Supervisor 1.00
PWD623319001 Fleet Management Technician 1.00
PWD621113001 Fleet Services Parts Buyer 1.00
PWD622565001 Fleet Services Supervisor 1.00
PWD622214001 GIS Technician I/II 1.00
PWD621140001 Intelligent Transportation Systems Maintenance Supervisor 1.00 PWD628952001 Inventory Supply and Control Worker I/II 1.00 PWD620050002 Management Analyst I/II 1.00
PWD620050001 Management Analyst I/II 1.00
PWD624501010 Mechanic I/II 1.00
PWD624501009 Mechanic I/II 1.00
PWD624501008 Mechanic I/II 1.00
PWD624501007 Mechanic I/II 1.00
PWD624501006 Mechanic I/II 1.00
PWD624501005 Mechanic I/II 1.00
PWD624501004 Mechanic I/II 1.00
PWD624501003 Mechanic I/II 1.00
PWD624501002 Mechanic I/II 1.00
PWD624501001 Mechanic I/II 1.00
PWD624957008 Office Assistant I/II 1.00
PWD624957007 Office Assistant I/II 0.50
PWD624957006 Office Assistant I/II 1.00
PWD624957005 Office Assistant I/II 1.00
PWD624957003 Office Assistant I/II 1.00
PWD624957002 Office Assistant I/II 1.00
PWD624957001 Office Assistant I/II 1.00
PWD625514001 Principal Engineer 1.00
PWD625560003 Project Coordinator 1.00
PWD625560002 Project Coordinator 1.00
PWD625560001 Project Coordinator 1.00
PWD621069001 Project Supervisor 1.00
PWD625635001 Public Works Director 1.00
PWD621087002 Public Works Manager 1.00
PWD621087001 Public Works Manager 1.00
PWD627119001 Senior Building Maintenance Worker 1.00
PWD627144001 Senior Custodian 1.00
PWD627170001 Senior Electronic Technician 1.00
PWD627142003 Senior Engineer 1.00
PWD627142002 Senior Engineer 1.00
PWD627142001 Senior Engineer 1.00
PWD627189002 Senior Mechanic 1.00
PWD627189001 Senior Mechanic 1.00
PWD627187006 Senior Street Maintenance Worker 1.00
PWD627187005 Senior Street Maintenance Worker 1.00
PWD627187004 Senior Street Maintenance Worker 1.00
PWD627187003 Senior Street Maintenance Worker 1.00
PWD627187002 Senior Street Maintenance Worker 1.00
PWD627187001 Senior Street Maintenance Worker 1.00
PWD621073001 Street Maintenance Manager 1.00
PWD627522003 Street Maintenance Supervisor 1.00
PWD627522002 Street Maintenance Supervisor 1.00
PWD627522001 Street Maintenance Supervisor 1.00
PWD627530020 Street Maintenance Worker I/II 1.00
PWD627530019 Street Maintenance Worker I/II 1.00
PWD627530018 Street Maintenance Worker I/II 1.00
PWD627530017 Street Maintenance Worker I/II 1.00
PWD627530016 Street Maintenance Worker I/II 1.00
PWD627530015 Street Maintenance Worker I/II 1.00
PWD627530014 Street Maintenance Worker I/II 1.00
PWD627530013 Street Maintenance Worker I/II 1.00
PWD627530012 Street Maintenance Worker I/II 1.00
PWD627530011 Street Maintenance Worker I/II 1.00
PWD627530010 Street Maintenance Worker I/II 1.00
PWD627530009 Street Maintenance Worker I/II 1.00
PWD627530008 Street Maintenance Worker I/II 1.00
PWD627530007 Street Maintenance Worker I/II 1.00
PWD627530006 Street Maintenance Worker I/II 1.00
PWD627530005 Street Maintenance Worker I/II 1.00
PWD627530004 Street Maintenance Worker I/II 1.00
PWD627530003 Street Maintenance Worker I/II 1.00
PWD627530002 Street Maintenance Worker I/II 1.00
PWD627530001 Street Maintenance Worker I/II 1.00
PWD627540005 Street Sweeper Operator 1.00
PWD627540004 Street Sweeper Operator 1.00
PWD627540003 Street Sweeper Operator 1.00
PWD627540002 Street Sweeper Operator 1.00
PWD627540001 Street Sweeper Operator 1.00
PWD622376002 Traffic Signal Maintenance Worker I/II 1.00 PWD622376001 Traffic Signal Maintenance Worker I/II 1.00 PWD621110001 Transit Operations Supervisor 1.00
PWD621052001 Transportation Grants Analyst 1.00
PWD621111001 Transportation Technician I/II 1.00
PWD628940001 Vehicle Maintenance Servicewriter 1.00
Total for Department: PWD Public Works 132.25
Allocated FTE
1,387.10
Report : Position Allocation by Department , No Names
Total for All Departments
COUNCIL COMMUNICATION
CC #: 3502
File #: 0709-03 & 0201-01
Title:
Sierra Vista Parcel Acquisition Project - Community Development Block Grant Loan Agreement and Budget Adjustment
Contact: Kristine Faelz 916-774-5451 [email protected] Claudia Carreno 916-774-5476 [email protected]
Meeting Date: 8/21/2024
Item #: 7.22.
RECOMMENDATION TO COUNCIL
Staff requests that the City Council:
1) Adopt a resolution approving a loan agreement between the City and Greek Orthodox Housing Corporation, funded by the Community Development Block Grant, to fund the Sierra Vista Parcel Acquisition Project for affordable housing development and authorizing the City Manager to execute necessary documents on behalf of the City of Roseville; and 2) Adopt an ordinance authorizing a budget adjustment to increase the Grants Deferred Loans expenditure budget by $571,850 in the Community Development Block Grant Fund.
BACKGROUND
As an entitlement jurisdiction, the City of Roseville receives an annual allocation of Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD) to promote affordable housing and community development programs for low-income residents. Each year, the City must produce an Annual Action Plan outlining how CDBG funds will be used to address the goals of the five year Consolidated Plan. On May 3, 2023, Council approved the Annual Action Plan for the 2023/24 program year, which included a proposed project to allocate $412,987 toward affordable rental housing development to benefit low-income households and individuals.
In August of 2023, staff released a Notification of Funding Availability (NOFA) in pursuit of a qualified affordable housing developer or project sponsor to award funds to be used for proposed affordable housing development, requesting interested parties to submit proposals for planned projects. The amount of financial assistance allocated to eligible acquisitions under the NOFA was a minimum of $412,987 and up to a maximum of $598,000. No proposals were received in response to the NOFA. In September 2023, staff re-released the NOFA, providing an extended deadline for submissions and two proposals were submitted. Both applications received were deemed incomplete due to lack of sufficient information to determine an award. The NOFA was re-opened for a third time in December 2023. A single application was received from the nonprofit organization Greek Orthodox Housing Corporation (GOHC), requesting assistance with acquiring vacant land known as Sierra Vista parcel JM-30, located at 4950 Upland Drive, Roseville (Sierra Vista Parcel Acquisition Project). The project site is already designated for affordable housing in the Sierra Vista Specific Plan.
The developer anticipates acquiring the land by late summer 2024 for development of the Sierra Vista Apartments. The proposed Sierra Vista Apartments is a 176-unit rental project, with a mix of 50 one-bedroom units (approximately 615 SF), 81 two-bedroom units (approximately 840 SF), and 45 three-bedroom units (approximately 1,060 SF). The Sierra Vista Apartments is expected to be completed by 2026 and will be 100% affordable and provide housing for families earning up to 80% of the area median income (AMI) for Placer County. The purchase price for the acquisition of Sierra Vista parcel JM-30 will total $2,000,000 in addition to closing costs. The GOHC’s request to the City is for a $571,850 loan to be used toward the purchase costs. The loan will be funded with CDBG funds from 2023, along with carryover funds from prior year (2020, 2021, and 2022) grants. The GOHC will provide the remaining funds necessary for the Sierra Vista Parcel Acquisition Project.
Staff is requesting approval of the loan agreement and the attached budget adjustment, as well as authority to finalize and sign the Promissory Note, Deed of Trust, and any other documents necessary to fund and issue a CDBG loan to the GOHC for the Sierra Vista Parcel Acquisition Project. A Regulatory Agreement will be required to establish 176 units for lower-income households and restrict the occupancy, operation, ownership, and management of the project.
Once finalized, staff will bring forward the necessary Regulatory Agreement for Council review and consideration. The recommended agreement before Council will continue to support the City's Regional Housing Needs Assessment (RHNA) goals and General Plan.
FISCAL IMPACT
CDBG funding is provided as a federal grant to the City. These grants are used to offset potential costs to the General Fund and to serve the low-income community. The recommended budget adjustment will increase the Grants Deferred Loans expenditure budget in the Community Development Block Grant Fund by $571,850 to fund the Sierra Vista Parcel Acquisition Project for affordable housing development. This item does not impact the City's General Fund.
ENVIRONMENTAL REVIEW
Development of the Sierra Vista Apartments was previously evaluated in the Sierra Vista Specific Plan EIR (certified May 5, 2010 and SCH# 2008032115), and identified in the associated Sierra Vista Specific Plan. Construction of the Sierra Vista Apartments is found to be within the scope of the project covered by the Sierra Vista Specific Plan Final EIR, and is therefore exempt from CEQA pursuant to Section 15182. As discussed in the Specific Plan EIR, the EIR provides environmental analyses of community infrastructure and facilities, including residential subdivisions. Because the project is consistent with the Sierra Vista Specific Plan Final EIR and Specific Plan, no new effects would be expected to occur and all applicable mitigation measures from the Sierra Vista Specific Plan EIR will be implemented during the design and construction of the Sierra Vista Apartments. Because the proposed project meets the requirements identified in the State CEQA Guidelines Section 15183, no additional CEQA review is required.
Staff has also completed the necessary National Environmental Protection Act (NEPA) review, as implemented by the Department of Housing and Urban Development (HUD) for the use of CDBG funds at 24 CFR Part 58. As a result of the NEPA review, staff has concluded a finding of no significant impact, as the project will not result in a significant impact on the quality of the human environment.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal C - Maintain a safe and healthy community
Respectfully Submitted,
Kristine Faelz, Housing Analyst
Melissa Anguiano, Economic Development Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 24-300
LoanAgreement
Ordinance 6853
RESOLUTION NO. 24-300
APPROVING A LOAN AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE
AND GREEK ORTHODOX HOUSING CORPORATION, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE IT, THE PROMISSORY NOTE, DEED OF TRUST AND ANY
DOCUMENTS NECESSARY TO FUND AND ISSUE THE COMMUNITY DEVELOPMENT
BLOCK GRANT LOAN, ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, as an entitlement jurisdiction, the City of Roseville receives an annual allocation of Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development to promote affordable housing and community development programs for low-income residents; and
WHEREAS, in August of 2023, staff released a Notification of Funding Availability (NOFA) in pursuit of a qualified affordable housing developer or project sponsor to award funds to be used for proposed affordable housing development, requesting interested parties to submit proposals for planned projects; and
WHEREAS, a single application was received from the non-profit organization Greek Orthodox Housing Corporation (GOHC), requesting assistance with acquiring vacant land known as Sierra Vista parcel JM-30, located at 4950 Upland Drive, Roseville (Sierra Vista Parcel Acquisition Project); and
WHEREAS, the proposed Sierra Vista Apartments is a 176-unit rental project and is expected to be completed by 2026; and
WHEREAS, staff is requesting approval of a loan agreement with Greek Orthodox Housing Corporation, as well as the associated Promissory Note, Deed of Trust, and any other documents necessary to fund and issue a CDBG loan to the GOHC for the Sierra Vista Parcel Acquisition project; and
WHEREAS, the Loan Agreement for Greek Orthodox Housing Corporation located at 4950 Upland Drive, Roseville, CA, has been reviewed by the City Council; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that the Loan Agreement with Greek Orthodox Housing Corporation is hereby approved and the City Manager is authorized to execute it as well as the associated Promissory Note, Deed of Trust and other documents necessary to fund and issue a CDBG loan, on behalf of the City of Roseville.
PASSED AND ADOPTED by the Council of the City of Roseville this day of , 20 , by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
B:\Economic Development\Housing\CDBG\2023 Activities\2 - Affordable Rental and Transitional Housing Development\Loan docs\GOHC Loan Agreement.docx07/25/2024
LOAN AGREEMENT FOR 4950 UPLAND DRIVE PROPERTY ACQUISITION (COMMUNITY DEVELOPMENT BLOCK GRANT)
THIS AGREEMENT is made and entered into this ___ day of ___________, 20__, by and between the City of Roseville, a municipal corporation ("CITY") and Greek Orthodox Housing Corporation, a California nonprofit corporation ("SUBRECIPIENT”).
W I T N E S S E T H:
WHEREAS, SUBRECIPIENT is a nonprofit corporation organized under the laws of the State of California and qualifying for federal tax exempt status; and WHEREAS, CITY has allocated Community Development Block Grant (CDBG) funds for SUBRECIPIENT’s acquisition of vacant land located at 4950 Upland Drive (the “Property”); and
NOW, THEREFORE, the parties agree as follows:
1. Loan. CITY hereby agrees to loan CDBG funds to SUBRECIPIENT in an amount not to exceed five hundred seventy-one thousand eight hundred fifty dollars ($571,850.00) (the “Loan”). The amount of the Loan will be determined during the escrow process and made on the terms set forth in this Agreement and in the Promissory Note and Deed of Trust, copies of which are attached hereto as Exhibits “A” and “B,” respectively. Subsequent to the execution of this Agreement, the parties agree to execute the Promissory Note and Deed of Trust in substantially the same forms as Exhibits “A” and “B,” respectively.
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2 2. Term. The term of this Agreement shall commence upon disbursement of the loan funds (Commencement Date) and shall terminate on the fifty fifth (55th) anniversary of the Commencement Date, if not terminated earlier by reason of default or repayment of the loan.
3. Regulatory Agreement. In consideration for the Loan, SUBRECIPIENT agrees to execute a Regulatory Agreement substantially in the form of that attached hereto as Exhibit “C,” and consents to the recordation of the Regulatory Agreement against the Property. The Regulatory Agreement shall be executed and recorded in concurrence with the Loan.
4. Use of Funds. Use of funds allocated hereunder to SUBRECIPIENT shall be subject to the following express terms and conditions:
A. SUBRECIPIENT shall use all funds provided pursuant to this Agreement exclusively for purchase money financing for acquisition of the real property located at 4950 Upland Drive.
B. SUBRECIPIENT shall continue to use the facility at 4950 Upland Drive to render services only to recipients meeting appropriate income eligibility criteria as provided in the Regulatory Agreement.
C. No funds paid by CITY hereunder shall be used directly or indirectly by SUBRECIPIENT for any lobbying or political activity whatsoever.
D. SUBRECIPIENT shall use all moneys received pursuant to this Agreement in conformity with the applicable provisions of 24 CFR Part 570, issued by the United States Department of Housing and Urban Development (HUD) (Administrative Regulations for Community Block Grants).
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3 E. SUBRECIPIENT shall use all moneys received pursuant to this Agreement to meet one of the national objectives identified in 24 CFR Section 570.208 for so long as the Regulatory Agreement is in effect.
6. Funds to be Expended During Current Fiscal Year. The loan shall be funded only from the Community Development Block Grant fund during the current fiscal year. All funds borrowed by SUBRECIPIENT under this Agreement shall be disbursed directly into escrow and spent prior to the end of the current fiscal year. All funds not spent within the current fiscal year shall be returned to CITY within thirty (30) days after the conclusion of the current fiscal year.
No other funds of CITY, including without limitation its general fund, shall be liable for any payment under this Loan Agreement, nor is the taxing power of CITY pledged in any manner.
7. SUBRECIPIENT as Independent Entity. SUBRECIPIENT and the agents or employees of SUBRECIPIENT shall act in an independent capacity and not as officers, employees or agents of CITY in performance of this Loan Agreement.
8. Termination:
A. Prior to disbursement of the loan funds, either party shall have the right to terminate this Agreement upon thirty (30) days written notice thereof being served on the other party.
B. In the event that CITY receives communication from the federal government prior to disbursement of the loan funds that funds available to CITY under the Community Development Block Grant Program are to be reduced or withdrawn by the federal government, CITY may at its option terminate this Agreement immediately and Subrecipient shall be released from any obligations under or associated with this Agreement.
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4 C. Subject to the terms and conditions contained in the Deed of Trust, Promissory Note and Regulatory Agreement, if, through any cause, SUBRECIPIENT shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if SUBRECIPIENT shall violate any of the covenants, requirements or stipulations of this Agreement, CITY shall thereupon have the right to terminate this Agreement by giving at least five (5) days written notice to SUBRECIPIENT of such termination, specifying the effective date of such termination. Notwithstanding the above, SUBRECIPIENT shall not be relieved of liability to CITY for damages sustained by CITY or others by virtue of any breach of this Agreement by SUBRECIPIENT.
D. Borrower may prepay the Loan at any time prior to the expiration of the term of the Regulatory Agreement.
9. No Assignment. This Agreement is not assignable by SUBRECIPIENT either in whole or part, without the express written authorization of City.
10. Time is of the Essence. Time is of the essence of this Agreement.
11. All Terms to be in Writing. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on either of the parties hereto.
12. Records:
A. SUBRECIPIENT shall maintain all necessary books and records, including property, personnel and financial records, in accordance with requirements prescribed by HUD or CITY with respect to all matters covered by this Agreement. Except as otherwise B:\Economic Development\Housing\CDBG\2023 Activities\2 - Affordable Rental and Transitional Housing Development\Loan docs\GOHC Loan Agreement.docx07/25/2024
5 authorized by HUD, such records shall be maintained for a period of three (3) years after receipt of the final payment under this Agreement.
B. Upon request for examination by CITY, SUBRECIPIENT shall, at any time during normal business hours, make available all of its records with respect to all matters covered by this Agreement. SUBRECIPIENT shall permit CITY to audit, examine and make excerpts or transcripts from these records.
13. Conflict of Interest: No member, officer, or employee of SUBRECIPIENT or its designees or agents, who exercises any function or responsibility with respect to the program during his or her tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for activities performed in connection with the program assisted under this Agreement. SUBRECIPIENT shall incorporate, or cause to be incorporated, in all subcontracts a provision prohibiting such interest pursuant to the purposes of this Section.
14. Compliance with Governmental Regulations: SUBRECIPIENT shall, at its sole cost and expense, comply with all applicable municipal, county, state and federal requirements now in force, or which may hereafter be in force pertaining to any and all activities contemplated under this Agreement. Notwithstanding the foregoing, nothing contained in this Agreement, or any other documents associated with the Loan shall be interpreted to require Subrecipient to comply with the Build America, Buy America Act (41 U.S. Code Chapter 83) or similar or related rules, regulations or orders, including, without limitation 2 CFR 184 and Presidential Executive Order 14005.
SUBRECIPIENT shall comply with any applicable provisions of 24 CFR 570, which is available for review in the CITY Economic and Community Services Office.
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6 15. Fair Employment. SUBRECIPIENT shall comply with the provisions of the Fair Employment and Housing Act (Government Code §12900, et seq.), the regulations promulgated thereunder (2 CCR §7285.0, et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (§§11135-11139.5) and the regulations or standards adopted by the State of California to implement such article.
SUBRECIPIENT shall give advice of its obligation under this Grant Agreement to labor organizations or contractors with which it has collective bargaining or other agreements.
SUBRECIPIENT shall include nondiscrimination compliance provisions similar to those of this Agreement in all subcontracts to perform work under this Agreement.
16. Discrimination Prohibited: SUBRECIPIENT shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, color, religion, sex, national origin, ancestry, age, or physical or mental disability, as more specifically set forth in Sections 570.602 and 570.601 of the aforesaid HUD Regulations. During the performance of this Agreement SUBRECIPIENT agrees as follows:
A. No person in the United States shall, on the grounds of race, color, religion, national origin, sex, age or disability, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement.
B. SUBRECIPIENT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, age or physical or mental disability. SUBRECIPIENT shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, ancestry, age or physical or mental disability. Such action shall B:\Economic Development\Housing\CDBG\2023 Activities\2 - Affordable Rental and Transitional Housing Development\Loan docs\GOHC Loan Agreement.docx07/25/2024
7 include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause:
C. SUBRECIPIENT will in all solicitations or advertisements for employees placed by or on behalf of SUBRECIPIENT, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, ancestry, age or physical or mental disability.
17. OMB Circulars:
A. This Agreement is subject to the requirements of the Office of Management and Budget, Circular A-122, “Cost Principles for Nonprofit Organizations,” a copy of which is available for review in CITY’s Housing Division Office.
B. This Agreement is subject to the requirements of the Office of Management and Budget, Circular A-110, “Grants and Agreements with Institutions,” a copy of which is available for review in CITY’s Housing Division Office.
18. Property Ownership and Procurement:A. In the event this Agreement is not fully performed to the satisfaction of CITY, any and all non-expendable furnishings, equipment or other personal property purchased pursuant to this Agreement and having a useful life or more than one (1) year and a purchase price of three hundred ($300) dollars or more and not consumed in the performance of this Agreement shall become the property of CITY. Such property shall be delivered to CITY upon written notification by CITY to SUBRECIPIENT.
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8 B. Property acquired in whole or in part with funds provided pursuant to this Agreement shall be managed in accordance with the provisions of OMB A-110 (Revised).
C. Upon termination of this Agreement, SUBRECIPIENT shall transfer to CITY any CDBG funds on hand at the time of termination and any accounts receivable attributable to the use of CDBG funds.
19. Indemnification. To the fullest extent allowed by law, SUBRECIPIENT shall defend, indemnify, and save and hold harmless CITY, its officers, agents, employees and volunteers from any claims, suits or actions of every name, kind and description brought forth, or on account of, injuries to or death of any person (including but not limited to workers and the public), or damage to property, resulting from or arising out of SUBRECIPIENT’s negligence or willful misconduct in the performance of this Agreement, save and except those matters arising from CITY's sole negligence or willful misconduct. The parties intend that this provision shall be broadly construed.
SUBRECIPIENT’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnity obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.
20. Insurance. During the term of this Agreement SUBRECIPIENT shall maintain in full force and effect the following policies of insurance:
COVERAGE LIMITS OF LIABILITY
Workers’ Compensation Statutory
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9 Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate
Personal Injury:
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability $1,000,000 combined single limit
a. Form. SUBRECIPIENT shall submit a certificate evidencing such coverage for the period covered by this Agreement in a form satisfactory to Risk Management and the City Attorney, prior to undertaking any work hereunder. Any insurance written on a claims made basis is subject to the approval of Risk Management and the City Attorney. b. Additional Insureds. SUBRECIPIENT shall also provide a separate endorsement form or section of the policy showing CITY, its officers, agents, employees and volunteers as additional insureds for each type of coverage, except for Workers’ Compensation and Professional Liability. Such insurance shall specifically cover the contractual liability of SUBRECIPIENT. The additional insured coverage under the SUBRECIPIENT’s policy shall be primary and noncontributory, as evidenced by a separate endorsement or section of the policy, and shall not seek contribution from CITY’s insurance or self-insurance. In addition, the additional insured coverage shall be at least as broad as the Insurance Services Office (“ISO”) CG 20 01 Endorsement. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds.
Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds..
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10 c. Cancellation/Modification. SUBRECIPIENT shall provide ten (10) days written notice to CITY prior to cancellation or modification of any insurance required by this Agreement.
d. Umbrella/Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and excess insurance. Any excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract) before CITY’s own insurance shall be called upon to protect it as a named insured. e. Reserved.
f. Self-Insured Retentions. Any self-insured retentions (“SIR”) of SUBRECIPIENT must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. The failure to exercise this right shall not constitute a waiver of such right. g. Waiver of Subrogation. SUBRECIPIENT hereby agrees to waive subrogation which any insurer of SUBRECIPIENT may acquire from SUBRECIPIENT by virtue of the payment of any loss under a Workers Compensation, Commercial General Liability or Automobile Liability policy. All Workers Compensation, Commercial General Liability and Automobile Liability policies shall be endorsed with a waiver of subrogation in favor of CITY, its officers, agents, employees and volunteers for all worked performed by SUBRECIPIENT, its employees, agents and subcontractors.
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11 h. Liability/Remedies. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve SUBRECIPIENT of liability in excess of such coverage, nor shall it preclude CITY from taking such other actions as are available to it under any other provisions of this Agreement or law.
21. Notice. Any notice required by this Agreement shall be delivered or sent by first class mail, United States postage prepaid, addressed as follows:
CITY SUBRECIPIENT
City of Roseville Makis Stathopoulos
City Manager Greek Orthodox Housing Corporation
311 Vernon Street 4120 Douglas Blvd #306-511
Roseville, CA 95678 Granite Bay, CA 95746
Either party may amend its address for notice by giving notice to the other party.
22. Successors in Interest. This Agreement shall be binding upon the heirs, successors, executors, administrators and assigns of the respective parties hereto.
23. Attorney’s Fees; Venue; Governing Law. If either party commences any legal action against the other party arising out of this Agreement or the performance hereof, the prevailing party in such action shall be entitled to recover its reasonable litigation expenses, including but not limited to, court costs, expert witness fees, discovery expenses, and attorney’s fees. Any action arising out of this Agreement shall be brought in Placer County, California, regardless of where else venue may lie. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
24. Modification. This Agreement and each provision contained herein may be waived, amended, supplemented or eliminated only by mutual written agreement of the parties.
Secretary
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City Attorney
APPROVED AS TO SUBSTANCE:
BY: ________________________
MELISSA ANGUIANO
Economic Development Director
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14 EXHIBIT A
FORM OF PROMISSORY NOTE
PROMISSORY NOTE SECURED BY DEED OF TRUST
$____________ Date:__________________
1. FOR VALUE RECEIVED, the undersigned, GREEK ORTHODOX HOUSING CORPORATION, a California nonprofit corporation ("Maker"), promises to pay to the order of the CITY OF ROSEVILLE, a municipal corporation ("Lender"), the principal sum of five hundred seventy-one thousand eight hundred fifty dollars ($571,850.00) (the "Loan"), together with interest thereon in the manner provided for below.
2. Maker and Lender have entered into that certain Loan Agreement dated ______________, 20__ (the "Loan Agreement"). Capitalized terms not defined in this Note shall have the meanings ascribed in the Loan Agreement. Pursuant to the Loan Agreement and the exhibits thereto, Lender is loaning to Maker certain funds in the amount of the Loan for acquisition of the Property. The Loan shall be due and payable on the terms contained in Section
3.2 of this Note.
3. Loan.
3.1 The Loan shall bear 3% simple interest.
3.2 This Note is forgivable, upon expiration of the term, or payable upon default of the Deed of Trust and Assignment of Rents Containing Covenants and Restrictions (the "Deed of Trust") of even date herewith and recorded against the Property; provided, however, that upon default of the Loan Agreement, the Deed of Trust or this Note the holder shall be entitled to exercise any remedies to which it may be entitled, including the imposition of the default rate of interest provided for in Section 5 herein.
3.3. The term of this Note is fifty-five (55) years.
4. This Note is secured by the Deed of Trust, which creates a lien upon the Property.
5. The Deed of Trust requires that the Property be used in the manner specified by the Deed of Trust for a period of thirty (30) years from the date thereof. In the event of any default of the Deed of Trust or this Note, simple interest shall accrue at the rate of ten percent (10%) (the "Default Rate") from the date of default. The portion of the principal amount of this Note subject to accrual of interest shall be computed by multiplying 1 /360 times the number of unexpired months of the term of this Note as of the date of default, times the total principal amount disbursed under this Note.
2 6. Maker shall have the right to prepay the principal amount of this Note, in whole or in part, at any time, together with interest at the Default Rate, computed as if in the event of default as set forth in Section 5 above.
7. Upon any default, the holder of this Note may apply payments received on any amounts due hereunder or under the terms of any instrument now or hereafter evidencing or securing the indebtedness as said holder may determine and, if the holder of this Note so elects, notice of election being expressly waived by Maker, the principal remaining unpaid with accrued interest shall at once become due and payable.
8. The Maker waives presentment, protest and demand, notice of protest, demand and dishonor and nonpayment of this Note and agrees to pay all costs of collection when incurred, including reasonable attorneys fees, and to perform and comply with each of the covenants, conditions, provisions and agreements of any of the undersigned contained in every instrument now evidencing or securing said indebtedness. No extension of the time for the payment of this Note or any installment hereof made by agreement with any person now or hereafter liable for the payment of this Note shall operate to release, discharge, modify, change or affect the original liability under this Note, either in whole or in part, of any of the undersigned not a party to such agreement.
9. Notwithstanding anything to the contrary herein, except as expressly permitted under the Loan Agreement, this Note shall be due in full upon the sale, transfer or encumbrance of the Property encumbered by the Deed of Trust, as provided in the Deed of Trust, subject to the provisions of Section 16 of the Deed of Trust, which is incorporated herein by reference.
10. At the election of Lender, any material default by Maker of the terms of the Loan Agreement or the Deed of Trust shall be a default of this Note.
11. Nothing in this Note shall create any relationship between Maker and Lender, other than a debtor-creditor relationship. Maker and Lender shall not be partners, joint venturers, equity venturers, or any other form of partnership or venture.
12. The provisions of this Promissory Note shall inure to the benefit of and be binding on the successors and assigns of the parties.
3 MAKER:
GREEK ORTHODOX HOUSING CORPORATION,
a California nonprofit corporation
By:
Its:
By:
Its:
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15 EXHIBIT B
FORM OF DEED OF TRUST
RECORDING REQUESTED BY AND WHEN
RECORDED, PLEASE RETURN TO:
City Clerk
CITY OF ROSEVILLE
311 Vernon Street
Roseville, CA 95678
Exempt from recording fees
Pursuant to Gov’t Code § 27383
Deed of Trust and Assignment of Rents
Containing Covenants and Restrictions
THIS DEED OF TRUST is made as of , 20 , by and between the Trustor, GREEK ORTHODOX HOUSING CORPORATION, a California nonprofit corporation ("Borrower"), whose address is 4120 Douglas Boulevard Suite 306511, Granite Bay, CA 95746- 5936; the Trustee, ________________, whose address is _______________________________; and the Beneficiary, THE CITY OF ROSEVILLE, whose address is 311 Vernon Street, Roseville, CA 95678 ("Lender").
Borrower, in consideration of the indebtedness described below and the trust created by this Deed of Trust, irrevocably grants and conveys to Trustee, in trust with power of sale, the property ("Property") located in the City of Roseville, County of Placer, State of California and described in Exhibit "A", attached to and made a part of this Deed of Trust.
Together with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents (subject, however, to the rights and authorities given to Lender to collect and apply such rents), royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, and all fixtures, including but not limited to all gas and electric fixtures, engines and machinery, radiators, heaters, furnaces, heating equipment, steam and hot water boilers, stoves, ranges, elevators and motors, bathtubs, sinks, water closets, basins, pipes, faucets and other plumbing and heating equipment, cabinets, mantels, refrigerating plant and refrigerators, whether mechanical or otherwise, cooking apparatus and appurtenances, furniture, shades, awnings, screens, blinds and other furnishings, now or hereafter attached to the property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the property covered by this Deed of Trust; and all of the foregoing, together with said property (or the leasehold estate if this Deed of Trust is on a leasehold) are herein referred to as the “Property;”
To secure to Lender (a) the repayment of the indebtedness evidenced by Borrower's note of even date herewith ("Note"), in the principal sum of five hundred seventy-one thousand eight hundred fifty dollars ($571,850.00), or such lesser amount as shall equal the aggregate amount disbursed to Borrower or for Borrower's account by Lender, in accordance with the Note; and (b) the performance of the covenants and agreements of Borrower contained in this Deed of Trust, the 2 Note and the Loan Agreement for 4950 Upland Drive Property Acquisition (Community Development Block Grant) ("Loan Agreement").
Borrower represents and covenants that Borrower is lawfully seized of the estate conveyed by this Deed of Trust and has the right to grant and convey the Property, and that Borrower will warrant and defend generally the title of the Property against all claims and demands, subject to any declarations, easements or restrictions listed in a schedule of exceptions to coverage in any title insurance policy insuring Lender's interest in the Property.
Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest, if any, on the indebtedness evidenced by the Note. All payments received by Lender under the Note shall be applied by Lender first to interest payable on the Note, if any, and thereafter to the unpaid principal of the Note.
2. Charges; Liens. Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable to the Property and leasehold payments or ground rents, if any, by Borrower making payment, when due, directly to the appropriate payee. Borrower shall promptly furnish to Lender all notices of amounts due under this paragraph, and in the event Borrower shall make payment directly, Borrower shall promptly furnish to Lender receipts evidencing such payments. Borrower shall pay when due any encumbrance, charge and lien, with interest in accordance with its terms, on the Property or any portion which are inferior or superior to this Deed of Trust.
3. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire or hazards under a policy approved by Lender and which provides "special form" coverage in an amount at least equal to the replacement value of the structure. In addition, Borrower shall insure against loss of all furniture, equipment and other personal property owned by Borrower related to Borrower's operation of the Property.
The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All premiums on insurance policies shall be paid by Borrower making payment, when due, directly to the insurance carrier, or in a manner agreed to by the Lender.
All insurance policies and policy renewals shall be written with loss payable to the Lender. Lender shall have the right to hold the policies and policy renewals, and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, provided such restoration or repair is economically feasible and the security of this Deed of Trust is not hereby 3 impaired. If such restoration or repair is not economically feasible or if the security of this Deed of Trust would be impaired, the insurance proceeds shall be applied to repay the sums secured by this Deed of Trust.
Unless Lender and Borrower otherwise agree in writing, any such application of insurance proceeds to principal shall not extend or postpone the due date of any payment or change the amount of such payment. If under Section 17, the Property is acquired by Lender, all right, title and interest of Borrower in and to any insurance policies and proceeds of such policies resulting from damage to the Property prior to the sale of acquisition shall pass to Lender to the extent of the sums secured by this Deed of Trust immediately prior to such sale or acquisition.
4. Liability Insurance. Borrower shall maintain premises liability insurance for the Property in a form and coverage approved by Lender. The insurance carrier shall be chosen by the Borrower subject to approval by the Lender; provided, that such approval shall not be unreasonably withheld. All premiums shall be paid by Borrower. Lender shall be named as an additional insured.
5. Preservation and Maintenance of Property. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment, demolition, or deterioration of the Property.
6. Protection of Lender's Security. Borrower shall appear in and defend any action or proceeding purporting to affect the security under this Deed of Trust or the rights of the Lender. If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, including, but not limited to, foreclosure, involuntary sale, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums and take such action as is necessary to protect Lender's interest, including, but not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs.
Any amounts disbursed by Lender pursuant to this Section, with interest, shall become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment, and shall bear interest from the date of disbursement at the highest rate permissible under applicable law. Nothing contained in this Section shall require Lender to incur any expense or take any action.
7. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower and occupants notice prior to any such inspection.
8. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of all or any part of 4 the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a taking of all of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust, subject to any claims of prior lienholders, with the excess, if any, paid to junior lienholders and Borrower, as they may determine. In the event of the partial taking of the Property, unless Borrower and Lender otherwise agree in writing, and subject to any claims of prior lienholders, there shall be applied to the sums secured by this Deed of Trust such proportion of the proceeds as is equal to that proportion which the amount of the sums secured by this Deed of Trust immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds paid to junior lienholders and Borrower, as they may determine.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is mailed, Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust.
Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due date of any payment or change the amount of such payment.
9. Borrower Not Released. Extension of the time for payment of the sums secured by this Deed of Trust granted by Lender to Borrower or any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment by reason of any demand made by the original Borrower or Borrower's successors in interest.
10. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust.
11. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trust, the Note, the Loan Agreement or afforded by law or equity, and may be exercised concurrently, independently or successively.
12. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements contained in this Deed of Trust shall bind, and the rights under this Deed of Trust shall inure to, the respective successors and assigns of Lender and Borrower. All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret or to define its provisions.
5 13. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at the address above, or at such other address as Borrower may designate by notice to Lender and (b) any notice to Lender shall be given by certified mail, return receipt requested, to Lender's address stated above or to such other address as Lender may designate by notice to Borrower.
Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated.
14. Governing Law; Severability. This Deed of Trust shall be governed by the laws of the State of California. In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, unless expressly stated otherwise, and to this end the provisions of the Deed of Trust and the Note are declared to be severable.
15. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note, the Loan Agreement and this Deed of Trust at the time of execution or after recordation hereof.
16. Transfer or Refinancing of the Property; Assumption. If all or any part of the Property or an interest in the Property is sold or transferred or refinanced by Borrower without Lender's prior written consent, Lender may, at Lender's option, declare all the sums secured by this Deed of Trust to be immediately due and payable. Lender shall have waived such option to accelerate if, prior to the refinancing, sale or transfer, Lender and the person to whom the Property is to be sold or transferred reach agreement in writing that the loan may be assumed. If Lender has waived the option to accelerate provided in this Section and if Borrower's successor in interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under this Deed of Trust, the Note and the Loan Agreement.
If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration. Such notice shall provide a period of not less than 30 days from the date the notice is mailed, within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by Section l7.
17. Acceleration; Remedies. Except as provided in Section 16, upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, the Note or the Loan Agreement (including the covenants to pay when due any sums secured by this Deed of Trust and restricting transfer of the Property), Lender shall mail notice to Borrower specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, no less than 30 days from the date the notice is mailed to Borrower, by which the breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the 6 Property. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect from the Borrower, or sale proceeds, if any, all reasonable costs and expenses incurred in pursuing the remedies provided in this Section, including, but not limited to, reasonable attorney's fees.·
If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of Lender's election to cause the Property to be sold and shall cause such notice to be recorded in each county in which any portion of the Property is located. Lender or Trustee shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale, in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or Lender's designee may purchase the Property at any sale.
Trustee shall deliver to the purchaser a Trustee's deed conveying the Property so sold without any covenant or warranty, express or implied. The recitals in the Trustee's deed shall be conclusive evidence of the truth of the statements contained in the recitals.
Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorney's fees and costs of title evidence; (b) to all sums secured by this Deed of Trust and (c) the excess, if any, to the person or persons legally entitled thereto as determined by Lender. In the event of a dispute regarding the excess funds, either Lender or Trustee may file an action in interpleader to determine who shall receive the funds and may then deposit the excess funds with the court.
18. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security, Borrower assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under Section 16 or Section 17 or abandonment of the Property, have the right to collect such rents as they become due.
Upon acceleration under Section 16 or Section 1 7 or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property, including those past due. All rents collected by Lender or the Receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to receiver's fees, premiums on receiver's bonds and reasonable attorney's fees, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account only for those rents actually received. The 7 provisions of this Section, Section 16 and Section 17 shall operate subject to the claims of prior lienholders.
19. Operational Covenants and Permitted Use Restrictions. The permitted use of the Property under this Deed of Trust shall be only for Borrower's operation of a transitional housing facility providing housing and support services for six adults transitioning from homelessness to self-sufficiency. Borrower shall cooperate with Lender in entering into and adhering to the terms of a memorandum of understanding or similar agreement with Lender, a neighborhood association or similar neighborhood or municipal entity designated by Lender, in order to facilitate continued positive relationships between Borrower and its neighbors and to support the continuing success of the program operated by Borrower at the Property. Any change in use or cessation of such transitional housing and support services or other failure of compliance with the requirements of this paragraph will constitute a material default of this Deed of Trust and shall give rise to Lender's right to invoke any and all remedies available at law or in equity, including but not limited to the remedies provided in Section 17 or Section 18 above.
20. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled to such reconveyance. Such person or persons shall pay all costs of recordation, if any. The recitals, in the reconveyance, of any matters or facts shall be conclusive evidence of the truth of the statements contained in the recitals.
21. Substitute Trustee. Lender, at Lender's option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed under this Deed of Trust.
Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon the Trustee by this Deed of Trust and applicable law.
22. Request for Notice. Borrower requests that copies of the notice of default and notice of sale be sent to Borrower's address.
23. Statement of Obligation. Lender may collect a reasonable fee for furnishing the statement of obligation as provided by Section 2943 of the Civil Code of California, as it may be amended from time to time.
24. Use of Property. Borrower shall not permit or suffer the use of any of the Property for any purpose other than the use for which the same was intended at the time this Deed of Trust was executed.
8 IN WITNESS WHEREOF, Borrower has executed this Deed of Trust.
BORROWER:
GREEK ORTHODOX HOUSING
CORPORATION, a California nonprofit
corporation
BY:
Its:
and
BY:
Its:
9 10
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16 EXHIBIT C
FORM OF REGULATORY AGREEMENT
1 AFFORDABLE HOUSING REGULATORY AGREEMENT
(Project: 4950 Upland Drive, Roseville)
This Affordable Housing Regulatory Agreement (“Regulatory Agreement”) is made this day of , 2024 (“Effective Date”), by and between the City of Roseville, a municipal corporation (“CITY”), and Greek Orthodox Housing Corporation (“DEVELOPER”).
RECITALS
A. WHEREAS, DEVELOPER proposes to purchase real property located at 4950 Upland Drive in Roseville, California as more particularly described in Exhibit A, attached hereto and incorporated herein by this reference.
B. WHEREAS, DEVELOPER specifically proposes to develop a one hundred seventy six (176) unit multi-family apartment project on the Property, eighty-eight (88) of which shall be rented at rents that are affordable to low income (80% of Area Median Income (AMI)), and eighteight (88) of which shall be rented at rents that are affordable to very low (50% AMI) income households (collectively, the “Regulated Units”), with up to one manager’s unit.
C. WHEREAS, the Project is intended to serve as a community resource by providing decent, safe, and sanitary housing for households which would otherwise be unable to afford such housing.
D. WHEREAS, the CITY has agreed to provide DEVELOPER with financial assistance in the form of a loan in the combined principal amount of five hundred seventy one thousand eight hundred fifty dollars ($571,850) to assist DEVELOPER in the construction and permanent financing of the Project (the “Loan”).
E. Reserved.
F. DEVELOPER is simultaneously: (1) executing one Loan Agreement, one Promissory Note and one Deed of Trust evidencing and regulating certain aspects the Loan; (2) recording the Deed of Trust to secure the Loan; and (3) as further consideration for the Loan, and to further the public interests of the CITY in seeing the Project maintained as affordable housing, DEVELOPER is executing and recording this Regulatory Agreement. The Loan Agreement, the Promissory Note, the Deed of Trust and this Regulatory Agreement are collectively referred to herein as the “Loan Documents.”
G. The Loan is being made to DEVELOPER at an interest rate below the market rate in order to help achieve financial stability for the Project and to increase the supply of affordable rental housing in the CITY. In consideration for the Loan, DEVELOPER has agreed to observe all the terms and conditions set forth below.
2 NOW, THEREFORE, DEVELOPER and the CITY hereby agree as follows:
DEFINITIONS
The following terms have the meanings set forth herein wherever used in this Regulatory Agreement or attached exhibits.
1. “CITY” means the City of Roseville, a municipal corporation.
2. “AREA MEDIAN INCOME” (referred to herein as “AMI”) means the median income for the Metropolitan Statistical Area which includes the City of Roseville (“MSA”), with adjustments for household size, as determined from time to time by the U.S. Department of Housing and Urban Development (“HUD”) pursuant to Section 8(f)(3) of the United States Housing Act of 1937 as amended, or such other method of median income calculation applicable to the City of Roseville that HUD may hereafter adopt in connection with said Act. If HUD should cease making such determination, the CITY may designate another method of calculation of area median income used by any federal or state agency and applicable to the City of Roseville.
3. Intentionally deleted.
4. “DEED OF TRUST” means the Deed of Trust executed contemporaneously with this Regulatory Agreement and recorded against the Property as security for the Loan and other obligations by DEVELOPER, as trustor and the CITY as beneficiary, as well as any amendments to, modifications of, and restatements of said Deed of Trust.
5. “DEVELOPER” means Greek Orthodox Housing Corporation, together with its permitted successors and assigns.
6. “LOAN” means the loan of funds provided by the CITY to DEVELOPER for the Project.
7. “LOAN DOCUMENTS” means, collectively, the Promissory Notes, the Deedsof Trust and this Regulatory Agreement for the Project, as they may be amended, modified, or restated from time to time, along with all exhibits and attachments to these documents.
8. “NOTES” mean the promissory notes executed contemporaneously with this Regulatory Agreement by DEVELOPER in favor of the CITY evidencing the Loans, which are secured by the Deeds of Trust, as well as any amendments to, modifications of, or restatements of said promissory note(s). The Notes are on file with the City of Roseville.
9. “PROJECT” means the development, construction and operation of a no fewer than 176 unit residential, multi-family rental apartment project on the Property to be rented at rents that are affordable to Low, and Very Low income households, up to one (1) unregulated manager’s unit and any additional improvements, landscaping, roads, and parking spaces existing thereon, as the same may from time to time exist.
10. “PROPERTY” means the real property located at 4950 Upland Drive, Roseville, California, 95678 identified and described in Exhibit A, attached hereto and incorporated into this Regulatory Agreement by this reference, and any buildings or improvements now or hereafter situated on such real property. 3 11. “QUALIFYING HOUSEHOLD” means a household in which household income does not exceed the percentage of Area Median Income prescribed for the applicable housing unit by the terms of this Regulatory Agreement.
12. “QUALIFYING RENT” means the maximum monthly rent allowed under Exhibit B “adjusted for family size appropriate to the unit” (as such term is defined by California Health and Safety Code Sections 50052.5 and 50053) including a reasonable allowance for tenant-paid utilities (also known as Utility Allowance). During the period a regulatory agreement governing the allocation and award of any federal tax credits is in effect, Qualifying Rent may be determined in accordance with such regulatory agreement and 26 U.S.C., Section 42, for initial and ongoing occupancy of tenants.
13. “REGULATED UNITS” means ( ) rental dwelling units of the ( ) rental dwelling units on the Property constructed for the Project that shall be rented at rents that are affordable Low and Extremely Low income households and having the following composition: ( ) (1) bedroom units, ( ) two (2) bedroom units, and ( ) ( ) bedroom units.
DEVELOPER’S OBLIGATIONS
14. COMPLIANCE WITH LOAN DOCUMENTS. DEVELOPER’s actions with respect to the Property and the use of Loan funds shall at all times be in full conformity with the requirements of the Loan Documents.
15. TERM OF AGREEMENT. This Regulatory Agreement shall commence upon the Effective Date and shall remain in full force for a period of fifty-five (55) years from the date of recordation of the first Certificate of Occupancy, whether permanent, temporary or conditional, or, in the event the Project has multiple buildings or structures, a Certificate of Occupancy for the last habitable building or structure for the Project. The obligations in this Regulatory Agreement shall remain effective and fully binding on DEVELOPER for the term of this Regulatory Agreement regardless of any expiration of the term of any loan, any payment, or prepayment of any loan, any assignment of a note, any reconveyance of a deed of trust, or any sale, assignment, transfer, or conveyance of the Property (other than certain transfers by foreclosure, deed in lieu of foreclosure, exercise of the power of sale or other similar transfer), unless terminated earlier by the CITY in a recorded writing.
PROJECT OCCUPANCY AND RENTS
16. OCCUPANCY OF PROJECT. DEVELOPER shall limit, for the full term of this Regulatory Agreement the rental of Regulated Units to Qualifying Households according to the schedule contained in Exhibit B herein, which is hereby incorporated by reference into this Regulatory Agreement. The income levels and other qualifications of applicants shall be certified prior to initial occupancy in conformance with the Final Management Plan and the City of Roseville’s rules governing income certification, as these rules may be amended from time to time by California law or as required in order to comply with California law. Specifically, DEVELOPER covenants and agrees that for the full term of this Regulatory Agreement it shall reserve for occupancy: (i) _ _ ( ) one-bedroom, ( ) two-bedroom, and ( ) threebedroom Regulated Units for households whose income does not exceed thirty percent (30%) of AMI; and ( iv) ( ) two-bedroom, and ( ) three-bedroom Regulated Units for households whose income does not exceed sixty percent (60%) of AMI. The remaining two (2) unregulated units shall include at least one two bedroom unit reserved for use by on-site Project management staff.
4 Preference shall be given to prospective tenants who are elderly, disabled, veterans (persons who served in the active military, naval, or air service and who were discharged or released from such service under conditions other than dishonorable), and persons who are residents and/or who are employed within the City of Roseville at the time of rental application to the extent permitted under applicable law, regulations and state and federal affordable housing guidelines.
The Project shall be owned, managed and operated as a single, multi-family residential rental project, which may be comprised of several buildings and structures, each consisting of more than one residential dwelling unit, together with facilities functionally related and subordinate thereto, in accordance with the applicable provisions of the Internal Revenue Code and applicable California law, as the same may be amended from time to time. All of the residential dwelling units in the Project will be similarly constructed and shall contain separate and complete facilities for living, sleeping, eating, cooking and sanitation for a single person or family, including sleeping area, bathing and sanitation facilities and cooking facilities equipped with a cooking range, refrigerator and sink. None of the residential dwelling units shall be utilized, at any time, on a transient basis. Neither the Project, nor any portion thereof, shall ever be used as a hotel, motel, hostel, vacation rental, dormitory, fraternity house, sorority house, rooming house, hospital, nursing home, sanitarium, rest home or trailer park, or court.
DEVELOPER shall further ensure that reasonable support services for the residents of this Project are provided, such as, but not limited to, life skills training, social and recreational programs, educational, health and nutritional programs, and computer training.
17. PROJECT RENTS. Rents for Regulated Units shall be limited to Qualifying Rents as set forth in Exhibit B as the same may be revised from time to time in accordance with this Regulatory Agreement and applicable federal or state laws and regulations. Rent shall be no greater than considered “affordable rent” for the applicable household pursuant to Sections 50052.5 and 50053 of the California Health and Safety Code, as amended, or any successor statute thereto, including the use of a CITY-approved utility allowance. Nothing in this Regulatory Agreement shall prevent DEVELOPER from charging lower rents.
18. SECURITY DEPOSITS. Any security deposits collected by DEVELOPER or DEVELOPER’s agent shall be kept separate and apart from all other funds in a trust account with a depository insured by the Federal Deposit Insurance Corporation or other comparable federal deposit insurance program and shall be held and disbursed in accordance with California law. The balance in the trust account shall at all times equal or exceed the aggregate of all outstanding obligations, plus accrued interest thereon.
19. RENTAL INCREASES FOR EXISTING TENANTS ON THE PROPERTY.
Irrespective of when income limits are published under applicable tax credit law, rents for Regulated Units may be adjusted no more frequently than: (a) after the initial twelve (12) months following the date of initial occupancy or (b) every twelve (12) months following the last permissible date of recorded rental adjustment. Additionally, in no event shall the amount of annual rent increase result in a total rent amount that is in excess of that allowed by the Tax Credit Law. Rents for Regulated Units may be adjusted annually to the then current California Tax Credit Allocation Committee Rent Limits.
20. CONDOMINIUM CONVERSION PROHIBITED. DEVELOPER shall not convert Project units, including Regulated Units and/or any unregulated units, to condominium or cooperative ownership or sell condominium or cooperative conversion rights to the Project units, during the term of this Regulatory Agreement.
5 21. NONDISCRIMINATION.
A. DEVELOPER herein covenants by and for itself, its subcontractors, its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, nor denial of the benefits of this Regulatory Agreement to, any person or group of persons, on the basis of race, color, ancestry, national origin or ethnic group identification, religion or religious creed, sex, gender or self-identified gender, gender expression, sexual orientation, marital status, age, mental disability, physical disability or medical condition (including cancer, HIV and AIDS), genetic information, military or veteran status, familial status, source of income, or political affiliation or belief, nor any unlawful discrimination against any employee or applicant for employment because of race, color, ancestry, national origin or ethnic group identification, religion or religious creed, sex, gender or self-identified gender, gender expression, sexual orientation, marital status, age (over 40), mental disability, physical disability or medical condition (including cancer, HIV and AIDS), use of family care leave, genetic information, military or veteran status, familial status, source of income, or political affiliation or belief. DEVELOPER shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination or harassment. In addition to the foregoing general obligations, DEVELOPER shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900, et seq.), the regulations promulgated thereunder (Title 2, California Code of Regulations, Section 10000, et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Sections 11135-11139.5) and any state or local regulations adopted to implement any of the foregoing, as such statutes and regulations may be amended from time to time. To the extent this Regulatory Agreement subcontracts to DEVELOPER services or works required of the CITY by the State of California pursuant to agreement between the CITY and the State, the applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a) through (f), set forth in Subchapter 5 of Division 4.1 of Title 2 of the California Code of Regulations are expressly incorporated into this Regulatory Agreement by reference and made a part hereof as if set forth in full, and DEVELOPER and any of its subcontractors shall give written notice of their obligations thereunder to labor organizations with which they have collective bargaining or other agreements.
B. The provisions of paragraph (A) shall further apply to the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the Project, and DEVELOPER and any person claiming under or through the DEVELOPER, shall not establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the Project.
C. DEVELOPER shall include the provisions contained in this section inall contracts and subcontracts related to the Project.
D. The requirements in this section shall survive the repayment of the Loan, and the reconveyance of the Deeds of Trust.
22. MANAGEMENT RESPONSIBILITIES. DEVELOPER is specifically responsible, subject to its obligations herein, for all management functions with respect to the Property, including, without limitation, the selection of tenants, certification and recertification of household size and income, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. The CITY shall have no responsibility over management of the Property. A resident manager or an alternative designated contact shall be required to reside on-site. 6 23. INTENTIONALLY DELETED.
24. DRAFT AND FINAL MANAGEMENT PLANS.
A. DRAFT MANAGEMENT PLAN. DEVELOPER shall prepare and submit to the CITY a Draft Management Plan for the CITY’s review and approval. The Draft Management Plan shall be submitted to the CITY at least one hundred eighty (180) calendar days prior to the anticipated date for completion of construction of the Project. The Draft Management Plan shall contain, but is not limited to, specific statement as to (1) the identity, experience and duties of all employees of the Management Agency who intend to manage the Project; (2) marketing policies and strategies; (3) tenancy occupancy rules and regulations; (4) rental procedures and tenant income limitation; (5) eviction procedures; (6) operating policies and guidelines; (7) reserve account policies; (8) maintenance and capital improvement policies; and (9) shall provide as an exhibit thereto a sample form of lease agreement. Upon transfer of OWNER/ DEVELOPER’s interest in the Project, the party to whom the Project is transferred shall, as a condition of such transfer, provide the CITY with a copy of such party’s Management Plan for the Project, which plan shall provide statements as called for herein.
B. CITY REVIEW OF DRAFT MANAGEMENT PLAN. Upon submittal of the Draft Management Plan by DEVELOPER to the CITY, the CITY shall review the Draft Management Plan and provide written comments to DEVELOPER within ninety (90) calendar days or as soon thereafter as is practicable.
C. FINAL MANAGEMENT PLAN. Prior to issuance of any Certificate of Occupancy for the Project, DEVELOPER shall submit a Final Management Plan to the CITY for its review and final approval no later than thirty (30) calendar days prior to the anticipated date for completion of construction of the Project.
Notwithstanding the foregoing, the CITY shall have the right to review and approve any proposed amendments to DEVELOPER’s contract with its management firm, or any new management contracts, during the term of this Regulatory Agreement; provided, however, that the CITY’s approval shall not be required for a renewal of the initial management contract.
25. MANAGEMENT AGENCY. The Project shall at all times be managed by an experienced Management Agency reasonably acceptable to the CITY, with demonstrated ability to operate residential facilities like the Project in a manner that will provide decent, safe and sanitary housing. The City shall have the right to require a change in the Management Agency or the on-site manager for reasonable cause at any time during the term of this Regulatory Agreement, subject to the prior written consent of any senior lenders and the tax credit investor.
During the monitoring, the CITY will assess the Management Agency’s ability to operate the Project in a decent, safe and sanitary manner. Calls for police and fire services at a significantly greater number or with a significantly greater frequency of serious calls and frequent fair housing complaints by tenants or applicants may be among criteria considered by the CITY in determining whether any management change shall be required.
DEVELOPER shall submit for the CITY’s approval the identity of any proposed Management Agency. DEVELOPER shall also submit such additional information about the background, experience, and financial condition of any proposed Management Agency as is reasonably necessary for the CITY to determine whether the proposed Management Agency meets the standards for a qualified Management Agency set forth above. 7 If the proposed Management Agency meets the standards for a qualified Management Agency set forth above, the CITY shall approve the proposed Management Agency by notifying OWNER/DEVELPER in writing. Unless the proposed Management Agency is disapproved by the CITY within thirty (30) calendar days of said submission of identity and qualifications of proposed Management Agency, which disapproval shall state reasonable specificity the basis for disapproval, it shall be deemed approved. The CITY hereby approves of the use of FPI Management, Inc., a Nevada Corporation, engaged in the provision of multi-family residential and commercial property management services, as the designated initial Management Agency for the Project.
26. DISMISSAL OF MANAGEMENT AGENCY. Within thirty-five (35) calendar days from DEVELOPER’s receipt of any recommendation by CITY staff to dismiss the Management Agency, DEVELOPER shall either dismiss the Management Agency or request a meeting with CITY staff representatives to discuss further. If an agreement cannot be reached with CITY staff representatives, DEVELOPER may request a public meeting to discuss the CITY recommendation. If, after conducting a requested public meeting, the CITY Council supports said recommendation of CITY staff, DEVELOPER shall promptly dismiss the Management Agency and shall appoint as the new Management Agency a person or entity which meets the standards for Management Agency and is approved by the CITY.
27. MAINTENANCE AND SECURITY. DEVELOPER shall at its own cost and expense maintain the Property in good condition, in good repair, and in decent, safe, sanitary, habitable, and tenantable living condition for the benefit of Project occupants. DEVELOPER shall not commit or permit any waste on or to the Property, and shall prevent and/or rectify any physical deterioration of the Property. DEVELOPER shall provide adequate security for the safety of Project occupants and to minimize the need for public safety calls. DEVELOPER shall maintain the Property in conformance with all applicable state, federal, and local laws, ordinances, codes, and regulations and the Management Plan; but DEVELOPER’s maintenance obligations shall not be limited only to the standards contained in these laws or the Management Plan.
In the event the DEVELOPER fails to maintain the Property in accordance with the foregoing standards, and after at least ten (10) calendar days’ prior written notice to DEVELOPER and the Senior Lenders, the CITY or its agent may, but shall be under no obligation to, enter upon the Property, make such repairs or replacements as are deemed necessary in the CITY’s reasonable discretion (with the prior written consent of the Senior Lenders), and provide for payment thereof. Any amount advanced by the CITY to make such repairs, together with interest thereon from the date of such advance at the same rate of interest as specified in the Notes for the Project (unless payment of such an interest rate would be contrary to applicable law, in which case interest shall accrue at the highest rate then allowed by applicable law), shall become an additional obligation of DEVELOPER to the CITY, and shall be secured by the Deeds of Trust.
28. UNIT VACANCIES. DEVELOPER shall use its best efforts to fill vacancies in Regulated Units as quickly as possible.
29. INSPECTIONS AND RECORDS. DEVELOPER shall maintain complete, accurate and current records which clearly document DEVELOPER’s performance of its obligations to operate the Property and the Project under the terms of this Regulatory Agreement. DEVELOPER shall submit any records reasonably requested by the CITY in connection with the Project to the CITY within ten (10) business days of the CITY’s request.
DEVELOPER shall also permit the CITY or its duly authorized representatives to enter and 8 inspect the Property and the Project for compliance with obligations under this Regulatory Agreement upon seventy-two (72) hours advance notice of such visit by the CITY to DEVELOPER or DEVELOPER’s Management Agency and to tenants of any inspected Project units, subject to the provisions of the leases regarding inspection and entry rights, which provisions must otherwise be consistent with state law.
All tenant lists, applications and waiting lists relating to the Regulated Units shall at all times be kept separate and identifiable from any other business of the DEVELOPER and shall be maintained as required by the CITY, in a reasonable condition for proper audit and subject to examination during business hours by representatives of the CITY. DEVELOPER shall retain copies of all materials obtained or produced with respect to occupancy of the Regulated Units for a period of at least five (5) years.
The CITY shall also have the right to perform on-site inspections of the Project, including the Regulated Units, as is reasonably required to ensure compliance with the Loan Documents, but in any case at least once per year. DEVELOPER agrees to cooperate in such inspection(s).
If the CITY desires to inspect the interior of the Regulated Units, the CITY shall give DEVELOPER sufficient notice to allow DEVELOPER to give seventy-two (72) hours’ notice to tenants.
30. ANNUAL REPORTS. DEVELOPER shall provide any information reasonably requested by the CITY in connection with the Project. In particular, upon request and reasonable notice by CITY, DEVELOPER shall provide the CITY with annual reports required by the Regulatory Agreement, including but not limited to reports regarding the Project’s rent and occupancy levels, as well as the annual operating budget. Without limitation, DEVELOPER shall provide the CITY no later than the one hundred twentieth (120th) day after the close of each calendar year following the date of this Regulatory Agreement, hardcopies or PDF copies of the following documents:
A. Insurance certificates detailing all coverage required under the Deeds of Trust.
B. Evidence of payment of property taxes or property tax exemption for the Project, as applicable.
C. Financial statements for the Project.
D. An occupancy report including: (i) the verified income of each tenant or household; (ii) the number and demographic information of tenants in each household; (iii)the current rents charged each tenant or household and whether these rents include utilities; (iv) the date tenancy commenced for each Unit; and (v) any additional information required by California Health and Safety Code Section 33418.
E. Certifications of eligibility for all tenants of Regulated Units at the time of initial occupancy. Such certification shall include verified income statements on a form provided by the CITY. DEVELOPER shall retain in the tenant’s file all verifications of tenant’s initial certification income (paycheck stubs, benefit statements, etc.).
Within fifteen (15) calendar days after receipt of a written request, DEVELOPER shall provide any other information or completed forms requested by the CITY to ensure compliance with the Loan Documents or this Regulatory Agreement.
If similar reports on some or all of the Regulated Units are required for regulatory 9 compliance with other financing programs, those reports may be deemed satisfactory for the purpose of this section by the CITY, with respect to the portion of the requirements of this section covered by such reports, provided that copies are provided on an annual basis to the CITY with an owner certification addressed to the CITY certifying that the DEVELOPER has complied with this Regulatory Agreement.
31. MONITORING/NON-COMPLIANCE/CURE. DEVELOPER’s compliance with the provisions of this Regulatory Agreement shall be reviewed at least annually, and at such other times as the CITY may require, upon thirty (30) calendar days prior written notice from the CITY.
During any such review, DEVELOPER shall bear the burden of proof to demonstrate good faith compliance with the terms of this Regulatory Agreement. If, as a result of such review, the CITY finds and determines that DEVELOPER has not complied in good faith with the terms and conditions of this Regulatory Agreement, the CITY shall give written notice to DEVELOPER of its findings and of the exact nature of DEVELOPER’s non-compliance. DEVELOPER shall be given a period of sixty (60) calendar days after delivery of any such notice in which to cure, to the reasonable satisfaction of the CITY, any non-compliance; provided that, if the noncompliance cannot be cured within sixty (60) calendar days, DEVELOPER shall not be in breach so long as DEVELOPER is diligently undertaking to cure such non-compliance. In the event the CITY fails to give DEVELOPER notice of any non-compliance at or before the annual review, DEVELOPER shall not be held responsible for any failure to comply with the terms and conditions of this Regulatory Agreement during the year covered by the annual review.
32. CITY REMEDIES FOR BREACH. If DEVELOPER is unable or otherwise fails to cure any non-compliance within sixty (60) calendar days (or longer as provided herein) after the CITY delivers notice of non-compliance, the CITY may, in addition to any other remedy provided by law or equity, modify or terminate this Regulatory Agreement, revoke the Project approval, or take any other action available to it under this Regulatory Agreement.
In particular, and without limitation by reason of enumeration, DEVELOPER acknowledges and agrees that failure to cure any non-compliance under this Regulatory Agreement, whether by DEVELOPER or any successor, shall, at the option of the CITY, constitute a breach and default under this Regulatory Agreement as to all other property within the Project. In addition, and without limitation by reason of enumeration, OWNER/DEVLOPER acknowledges and agrees that the CITY shall have the right to withhold issuance of all building permits within the Project until such breach is cured.
Any partners of DEVELOPER shall have the right to cure any default. The CITY agrees that any cure of a default by any partners of DEVELOPER shall be deemed to be a cure by DEVELOPER, and shall be accepted or rejected on the same basis as if made or tendered by DEVELOPER.
In the event of any breach/default or violation of any agreement, obligation, or warranty under this Regulatory Agreement, the CITY shall give written notice to DEVELOPER, with copies to the Senior Lenders, specifying: (a) the nature of the breach or violation; (b) the action required to cure the breach or violation; and (c) a date, which shall not be less than thirty (30) calendar days from the date of the notice, by which such action to cure must be taken. (provided that, if the non- compliance cannot be cured within thirty (30) calendar days, DEVELOPER shall not be in breach so long as DEVELOPER is diligently undertaking to cure such non-compliance.) If DEVELOPER fails to cure the breach or violation as provided above, the CITY additionally has the right, at its sole election, to:
A. Declare a default under the Notes, accelerate the indebtedness evidenced by the Notes, and with respect to the Loan, proceed with foreclosure underthe 10 Deeds of Trust;
B. Bring an action for equitable relief seeking the specific performanceby DEVELOPER of the terms and conditions of this Regulatory Agreement, and/or enjoining, abating, or preventing any violation of said terms and conditions, and/or seeking declaratory relief;
C. Upon lawful order of a court with proper jurisdiction, enter upon, take possession of, and manage the Property and the Project, either in person, by agent, or by a receiver appointed by a court, and collect any rents, income, deposits, or reserves and apply them to operate the Property and the Project, and continue in possession until such time as the court determines that DEVELOPER is in a position to operate the Property and the Project in compliance with this Regulatory Agreement;
D. After notice provided for herein, make such repairs or replacements to the Property as are necessary and provide for payment thereof; E. Declare an event of default under the Loan Documents and pursue the remedies described therein; and/or
F. Pursue any other remedy allowed at law or in equity.
The CITY’s rights hereunder shall be in addition to, and not in lieu of, every other right or remedy provided for herein or now or hereafter existing at law or in equity by statute or otherwise, including, but not limited to injunctive relief, specific performance and damages. The exercise or beginning of exercise by the CITY of any one or more rights or remedies, provided herein or now or hereafter existing at law or in equity by statute or otherwise, shall not preclude the simultaneous or later exercise by the CITY of any or all other rights or remedies provided for in this Regulatory Agreement or now or hereafter existing at law or in equity or by statute or otherwise. All such rights and remedies shall be considered cumulative and nonexclusive.
33. FEES, TAXES, AND OTHER LEVIES. DEVELOPER shall be responsible for payment of all fees, assessments, taxes, charges, and levies imposed by any public authority or utility company with respect to the Property and the Project, and shall pay such charges prior to delinquency in order to prevent any penalty from accruing or any lien or charge from attaching to the Property or the Project. However, DEVELOPER shall not be required to pay any such charge so long as (a) the legality thereof is being contested in good faith and by appropriate proceedings; and (b) DEVELOPER maintains reserves adequate to pay any contestedliabilities.
In the event DEVELOPER exercises its right to contest any tax, assessment, or charge against it, DEVELOPER, on final determination of the proceeding or contest, shall immediately payor discharge any decision or judgment rendered against it, together with all costs, charges and interest.
34. INSURANCE COVERAGE. DEVELOPER shall cause to have in full force and effect during the term of this Regulatory Agreement continuous insurance coverage as required by the Loan Agreement.
35. PROPERTY DAMAGE OR DESTRUCTION. Subject to the requirements of Senior Lenders, and if economically feasible in the CITY's reasonable judgment after consultation with the DEVELOPER, if any improvement now or in the future on the Property is damaged or destroyed, then the DEVELOPER shall, at its cost and expense, diligently undertake to repair or restore such improvement consistent with the plans and specifications for the Development. Such work or repair shall be commenced no later than the later of one 11 hundred twenty (120) calendar days after receiving requisite permits from the City, or such longer period approved by the CITY in writing, after the damage or loss occurs and sixty (60) calendar days following receipt of the insurance proceeds, and shall be complete within one year thereafter or such reasonable time as may be required. Any insurance proceeds collected for such damage or destruction shall be applied to the cost of such repairs or restoration and, if such insurance proceeds shall be insufficient for such purpose, then the DEVELOPER shall make up the deficiency. If the DEVELOPER does not make repairs, then any insurance proceeds collected for such damage or destruction shall be promptly delivered to the CITY as a special repayment of the Loan, subject to the rights of the Senior Lenders, if any.
GENERAL PROVISIONS
36. SUBORDINATION. Except as expressly set forth herein or in the Loan Agreement, this Regulatory Agreement shall not be subordinated in priority to any other interest in the Property that was not recorded on or prior to the date of recordation of this Regulatory Agreement, unless the CITY expressly consents, in writing, to the subordination or junior priority of this Regulatory Agreement. Such consent, if any, shall be within the CITY’s sole discretion, and may only be permitted, if at all, for purposes that conform with the circumstances authorized by California Health and Safety Code Section 33334.14(a), and to the extent the proposed subordination does not jeopardize the CITY’s security interest in the property and is otherwise consistent and compliant with all legal standards, including eligibility requirements and other conditions imposed by funding sources for the Project and any Loan. Notwithstanding the foregoing, consent is expressly given herein to subordinate this Regulatory Agreement as reasonably required for Property financing, including, without limitation, any required subordination based on construction or permanent loan financing and tax credits financing.
37. TRANSFER AND ENCUMBRANCE OF PROPERTY. During the term of this Regulatory Agreement, DEVELOPER shall not make or permit any sale, agreement to sell, assignment, conveyance, lease (other than the rental of Project units to eligible residential tenant occupants), or transfer of the Property or any part thereof, including the sale of any general or limited partnership interests, the removal of any general partner, or any substantial change in operational or management control over the Property (collectively referred to as “Transfers”), without the prior written consent of the CITY, which consent shall not be unreasonably withheld The limitations on DEVELOPER’s right of assignment or other transfer shall not apply to any foreclosure, deed in lieu of foreclosure, or other remedial action lawfully taken by any Senior Lender holding a security interest in the Property with priority over the CITY’s interests; nor shall they apply to: (i) the transfer of limited partner interests in DEVELOPER, (ii) the removal of a general partner or a limited partner pursuant to the terms and conditions of DEVELOPER’s organizational document; and/or (iii) transfers to a tax-exempt entity under the direct control of or under common control with DEVELOPER.
The CITY shall give its consent to a Transfer provided that it determines all of the following conditions are met: (a) DEVELOPER is in compliance with this Regulatory Agreement and the Loan Documents, or the Transfer will cure existing violations of this Regulatory Agreement or the Loan Documents; (b) the transferee agrees to assume all obligations of DEVELOPER imposed by this Regulatory Agreement and the Loan Documents; (c) the transferee demonstrates to the CITY’s satisfaction that it is capable of owning and/or operating the Property and the Project in full compliance with this Regulatory Agreement and the Loan Documents; (d) the terms of the Transfer shall not jeopardize the CITY’s security interest in the Property and is otherwise in full compliance with all legal standards, including eligibility requirements and other conditions imposed by funding sources for the Project and any Loan; and (e) the Transfer has been approved by the CITY’s governing body, if such approval is 12 required.
During the term of this Regulatory Agreement, DEVELOPER shall not engage in any financing or other transaction creating any mortgage or other encumbrance or lien upon the Property and/or the Project (except for any financing provided by the CITY), without the prior written consent of the CITY, which consent may be withheld in the CITY’s reasonable discretion.
The CITY may give its consent to such financing if and only to the extent necessary to maintain or improve the affordability or condition of the Property and/or the Project. The term “financing” in this section shall not include the refinancing of an existing loan.
38. NONLIABILITY OF OFFICIALS, EMPLOYEES, AND AGENTS. No member, official, officer, director, employee, agent, or independent contractor of the CITY shall be personally liable to DEVELOPER or third-party beneficiaries for any obligation created under the terms of this Regulatory Agreement.
39. INDEMNITY AND WAIVER. Notwithstanding the insurance coverage required herein and to the fullest extent allowed by law, DEVELOPER shall defend, indemnify and save and hold the CITY, its members, officials, officers, directors, employees, agents, and independent contractors (collectively “Indemnitees”), harmless against any losses, damages, liabilities, claims, demands, judgments, actions, court costs, and legal or other expenses (including attorneys’ fees) which Indemnitees may incur as a result of (1) DEVELOPER’s failure to perform any obligations as and when required by this Regulatory Agreement; (2) any failure of DEVELOPER’s representations or warranties to be true and complete in any material respect; or (3) any act or omission by DEVELOPER or any contractor, subcontractor, management agent, or supplier with respect to the Project or the Property, except to the extent that such losses are caused solely by the negligence or willful misconduct of Indemnitees. The duty of the DEVELOPER to indemnify includes the duty to defend Indemnitees in any court action, administrative action, or other proceeding brought by any third party arising from the Project or the Property. DEVELOPER’s duty to defend and indemnify Indemnitees shallsurvive the term of this Regulatory Agreement, the reconveyance of the Deeds of Trust, and any release of part or all of the Property from the burdens of this Regulatory Agreement. The parties intend that this provision shall be broadly construed.
The parties hereby acknowledge and agree that, without limitation, the Loan and any Project entitlements, permits, or approvals have conferred upon the DEVELOPER and/or the Project either a direct financial contribution or other form of assistance pursuant to Section 1954.52(b) of the CHRHA.
40. GOVERNING LAW AND VENUE. This Regulatory Agreement shall be interpreted under and be governed by the laws of the State of California, except for those provisions relating to choice of law and those provisions preempted by federal law. Any action arising out of this Regulatory Agreement shall be brought in Placer County, California, regardless of where else venue may lie.
41. CONFLICTS. In the event of any conflict among the Loan Documents, the most restrictive requirements shall apply. In addition, the Project may be subject to the terms of other governmental subsidy programs. This Regulatory Agreement and the agreements entered into by DEVELOPER pursuant to these subsidy programs independently regulate the Regulated Units in the Project. If any provision of another regulatory agreement is found in conflict or in contradiction with the terms of this Regulatory Agreement in relation to the Regulated Units, the most restrictive requirement, providing the greatest affordability to the most tenants for the longest term, shall apply to those Regulated Units, except as otherwise specified. 13 42. ATTORNEYS’ FEES AND COSTS. In the event that a legal or administrative action is brought to interpret or enforce the terms of this Regulatory Agreement, the prevailing party in such action shall be entitled to recover its reasonable litigation expenses, including but not limited to, court costs, expert witness fees, discovery expenses, and attorneys’ fees.
43. TIME. Time is of the essence in this Regulatory Agreement.
44. CONSENTS AND APPROVALS. Except as otherwise expressly provided in this Regulatory Agreement, any consent or approval required under the Regulatory Agreement shall not be unreasonably withheld or delayed.
45. NOTICES, DEMANDS, AND COMMUNICATIONS. Formal notices, demands, and communications between DEVELOPER and the CITY shall be given by registered or certified mail, return receipt requested, postage prepaid or delivered personally, to DEVELOPER and the CITY as follows, or at such other address as a party may designate by written notice to the other party:
CITY OF ROSEVILLE DEVELOPER
Economic Development Director Koroni, LLC
City of Roseville 3007 Douglas Blvd.
311 Vernon Street Suite 170
Roseville, CA 95678 Roseville, CA 95661
with a copy to:
Greek Orthodox Housing Corporation
4120 Douglas Blvd.
#306-511
Granite Bay, CA 95746
46. BINDING UPON SUCCESSORS. All provisions of this Regulatory Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, transferees, and assigns of DEVELOPER and the CITY, and shall run with the land for the full term of this Regulatory Agreement, regardless of any assignment, payment, prepayment, expiration, extinguishment of the Loan or Notes, any reconveyance of the Deeds of Trust, or any conveyance or transfer of the Property. Any successor in interest to DEVELOPER and any purchaser or transferee of the Property shall be subject to all of the duties and obligations imposed on DEVELOPER under this Regulatory Agreement for the full term of this Regulatory Agreement. The term “DEVELOPER” as used in this Regulatory Agreement shall include all such assigns, successors-in-interest, and transferees.
47. RELATIONSHIP OF PARTIES. The relationship of DEVELOPER and the CITY for this Project during the term of this Regulatory Agreement shall not be construed as a joint venture, equity venture, or partnership. The CITY neither undertakes nor assumes any responsibility or duty to DEVELOPER or to any third party with respect to the operation of the Property or the actions of DEVELOPER. Except as the CITY may specify in writing, DEVELOPER shall have no authority to act as an agent of the CITY or to bind the CITY to any obligation.
14 48. WAIVER. Any waiver by the CITY of any obligation in this Regulatory Agreement must be in writing. No waiver shall be implied from any delay or failure by the CITY to take action on any breach or default of DEVELOPER or to pursue any remedy allowed under this Regulatory Agreement or applicable law. Any extension of time granted to DEVELOPER to perform any obligation under this Regulatory Agreement shall not operate as a waiver or release from any of its obligations under this Regulatory Agreement. Consent by the CITY to any act or omission by DEVELOPER shall not be construed as the consent to any other or subsequent act or omission or to waive the requirement for the CITY’s written consent to future waivers.
49. OTHER AGREEMENTS. DEVELOPER represents that it has not entered into any agreements that would restrict or compromise its ability to comply with the terms of this Regulatory Agreement. DEVELOPER shall not enter into any agreements that are inconsistent with the terms of this Regulatory Agreement without an express written waiver by theCITY.
50. AMENDMENTS AND MODIFICATIONS. Any amendments or modifications to this Regulatory Agreement must be in writing, and shall be effective only if executed by both DEVELOPER and the CITY, following receipt of all required approvals, and only with the consent of the Senior Lenders.
51. SEVERABILITY. Every provision of this Regulatory Agreement is intended tobe severable. If any provision of this Regulatory Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.
SPECIAL PROVISIONS
52. ADMINISTRATIVE FEE. In the event of DEVELOPER’s breach or violation of any agreement, obligation or warranty under the Regulatory Agreement that is uncured within the cure periods provided herein, or in the event the Property is transferred in violation of this Regulatory Agreement, DEVELOPER shall pay annually, not later than April 15 of each year, a $10,000 fee (“Administrative Fee”) until the breach is cured. The CITY shall provide the DEVELOPER with notice and the right to cure, as set forth in above, any event which the CITY believes give rise to an obligation to pay the Administrative Fee. Such fee shall remain in effect during any period of breach or violation. The payment of such Administrative Fee shall be in addition to, and not to the exclusion of, the CITY’s other remedies contemplated in this Regulatory Agreement; provided however that this provision shall be subject to the nonrecourse provisions set forth in the Notes.
53. REFINANCING/RESYNDICATION REVIEW FEE. In the event that the Property and/or the Project is a tax credit project and is refinanced or resyndicated during the term of this Regulatory Agreement, DEVELOPER shall provide the CITY a prepayment in amount to be determined by the CITY, upon request by DEVELOPER, for CITY’s staff actual and documented costs in reviewing any refinancing or resyndication documentation submitted to the CITY for the CITY’s review and approval. Such prepayment shall be submitted by DEVELOPER prior to the CITY commencing any review and shall not exceed five thousand dollars ($5,000.00).
DEVELOPER shall not be entitled to receive a refund of any such fee in the event that DEVELOPER fails to complete such refinancing or resyndication.
54. TENANT MONITORING FEE. Commencing one (1) year after the date of the final Certificate of Occupancy for the Project and annually thereafter, DEVELOPER shall pay to the CITY, not later than March 31 of each year, a tenant monitoring fee equal to FORTY 15 DOLLARS ($40) for each occupied, rent restricted, apartment unit within the Project. penalty of ten percent (10%) per month shall be assessed against any fee not paid when due.
55. PARTICIPATION IN HOUSING CHOICE VOUCHER PROGRAM. DEVELOPER agrees to accept tenants who qualify under the Housing Choice Voucher (“HCV”) program administered by the Roseville Housing Authority (the “Authority”) or its successor.
56. CHECKLIST FOR REGULATED UNITS. DEVELOPER agrees that each prospective tenant, prior to rental of a Regulated Unit, shall be required to complete forms required by Exhibit C, or DEVELOPER's equivalent as approved in writing by theCITY. [Signatures Next Page]
16 IN WITNESS WHEREOF, the City of Roseville, a municipal corporation, has authorized the execution of this Regulatory Agreement in duplicate by its City Manager and attested to by its City Clerk under the authority of Resolution No. , adopted by the Council of the City of Roseville on the day of , 2024, and DEVELOPER has caused this Regulatory Agreement to be executed.
CITY OF ROSEVILLE, a municipal corporation: GREEK ORTHODOX HOUSING CORPORATION, a California nonprofit
corporation:
BY: BY:
DOMINICK CASEY NAME
City Manager Title
ATTEST: and
BY: BY:
CARMEN AVALOS NAME
City Clerk Title
APPROVED AS TO FORM:
BY:
MICHELLE SHEIDENBERGER
City Attorney
APPROVED AS TO SUBSTANCE:
BY:
MELISSA ANGUIANO
Economic Development Director
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
The land described herein is situated in the State of California, County of Placer, City of Roseville, and is described as follows:
Maximum Household Income 40% AMI
Maximum Household Income 50% AMI
Maximum Household Income 60% AMI
EXHIBIT B
UNIT CONFIGURATION AND INITIAL RENT RESTRICTIONS
Maximum Household Income 30% AMI
Bedroo
m size
Number
of Units
Gross
Rent
Less
TCAC
approved
CUAC*
Allowable
Contract
Rent
1 $ $ $
2 $ $ $
3 $ $ $
Bedroo
m size
Number
of Units
Gross
Rent
Less
TCAC
approved
CUAC*
Allowable
Contract
Rent
1 $ $ $
2 $ $ $
3 $ $ $
Bedroo
m size
Number
of Units
Gross
Rent
Less
TCAC
approved
CUAC*
Allowable
Contract
Rent
1 $ $ $
2 $ $ $
3 $ $ $
Bedroo
m size
Number
of Units
Gross
Rent
Less
TCAC
approved
CUAC*
Allowable
Contract
Rent
1 $ $ $
2 $ $ $
3 $ $ $
* California Utility Allowance Calculator (CUAC) is California’s energy consumption model for calculating utility allowance estimates. These estimates are approved by California’s Tax Credit Allocation Committee (TCAC) and are limited to new construction projects in the designphase.
EXHIBIT C
CHECKLIST FOR AFFORDABLE RENTAL UNITS
The following documentation must be present in the Tenant’s file (in a form approved by the Housing Manager) for an “affordable renter.”
Certification of Affordable Rental Unit Eligibility
Calculation of Tenant Eligibility Form
Record of Rental Increases
Written, third party verification of all income sources, including:
Employment
Self-employment (tax return and profit & loss statement for current year)
Unemployment
AFDC (Welfare) Benefits
Child Support
Alimony
Social Security Benefits
Supplemental Security Income (SSK)
VA or Military Benefits
Pensions and/or Annuities
Retirement Funds
Savings Accounts (Interest Income)
Checking Accounts
Government Grants
Trust Funds
Stocks & Bonds (Cash Value)
Life Insurance (Cash Value)
Name Complex
Title Date
CERTIFICATION OF AFFORDABLE RENTAL UNIT ELIGIBILITY
Re:
Apartment Complex
Apt. #
I/we have read and answered truthfully, fully frankly and personally each of the following questions for all persons who are to occupy the unit being applied for in the above apartment project. Listed below are the names of all persons who intend to reside in the unit:
1) Name of Members of
the Household
2) Relationship
to head of
Household 3) Age
4) Social
Security No.
5) Place of
Employment
CERTIFICATION OF AFFORDABLE RENTAL UNIT ELIGIBILITY (CONT.)
INCOME COMPUTATION
6) The total anticipated income calculated in accordance with this paragraph 6,of all persons (except children under the age of 18 years) listed above for the 12- month period beginning the date that I/we plan to move into a unit is $ .
Included in the total anticipated income listed above are:
a. All wages and salaries, overtime pay, commissions, fees and other compensation for personal services, before payroll deductions.
Excluded from such anticipated income are:
a. Casual, sporadic or irregular gifts;
b. Amounts which are specifically for or in reimbursement of medical expenses; c. Lump sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker’s compensation), capital gains and settlements for personal or property losses;
d. Amounts of educational scholarships paid directly to the student or the educational institution and amounts paid by the government to a veteran for use in meeting the costs of tuition, fees, books, and equipment. Any amounts of such scholarships or payments to veterans not used for the above purposes are to be included in income;
e. Hazardous duty pay to a family member in the Armed Forces who is away from home and exposed to hostile fire;
f. Relocation payments under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970;
g. Foster child care payments;
h. The value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of 1977.
7) This certificate is made with the knowledge that it will be relied upon by the Owner to determine maximum income for eligibility to occupy the unit; and I/we declare that all information set forth herein is true, correct and complete and based upon information I/we deem reliable and that the statement of total anticipated income contained in paragraph 6 is reasonable and based upon such investigation as the undersigned deemed necessary.
8) I/We will assist the Owner in obtaining any information or documents required to verify the statement made herein, including either an income verification from my/our present employer(s) or copies of federal tax returns for the immediately preceding calendar year.
Applicant
[All persons listed in number 2 above, except children under the age of 18 must sign this form]
9) I/We acknowledge that I/we have been advised that the making of any misrepresentation or misstatement in this declaration will constitute a material breach of my/our agreement with the Owner to lease the unit and will entitle the Owner to prevent or terminate my/our occupancy of the unit by institution of an action for eviction or other appropriate proceedings.
I/We declare under penalty of perjury that the foregoing is true and correct.
Executed this day of in the City of
California.
Applicant
Applicant
Applicant
Applicant
CALCULATION OF TENANT ELIGIBILITY FORM
(FORM COMPLETION BY APARTMENT OWNER OR AGENT)
NAME: UNIT #
SOURCE MONTHLY ANNUAL
Social Security $ $
Social Security $ $
Civil Service $ $
Pension $ $ Interest
$ $ Wages
$ $ Tips
$ $ Wages
$ $ Tips
$ $
Child Support $ $
Welfare $ $
Stocks/Bonds $ $
Other
Other
$ $
$ $
TOTAL INCOME $ $
Monthly base rent $
Move-in date
BY
TITLE
DATE
AFFORDABLE TENANT
RECORD OF RENTAL INCREASES
(FORM COMPLETION BY APARTMENT OWNER OR AGENT)
NAME APT. NO.
MOVE-IN DATE INITIAL BASE RENT $
ANNUAL INCOME $
DATE OF
INCREASE
CURRENT
RENT
ANNUAL
ADJUSTMENT
FACTORS NEW RENT
$ X 1. = $
$ X 1. = $
$ X 1. = $
$ X 1. = $
$ X 1. = $
$ X 1. = $
$ X 1. = $
$ X 1. = $
$ X 1. = $
$ X 1. = $
$ X 1. = $
$ X 1. = $
$ X 1. = $
$ X 1. = $
$ X 1. = $
AFFORDABLE TENANT
RECORD OF RENTAL INCREASES (For Tax Credit Projects Only) (FOR COMPLETION BY APARTMENT DEVELOPER OR AGENT)
NAME: APT. #
MOVE-IN DATE:
ANNUAL INCOME:
INITIAL BASE RENT:
DATE OF
INCREASE
CURRENT RENT
NEW RENT
ACKNOWLEDGMENTS
State of California
County of
On before me, ,
(here insert name and title of the officer)
personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
ACKNOWLEDGMENTS
State of California
County of
On before me, ,
(here insert name and title of the officer)
personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
ORDINANCE NO. 6853
ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE
AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2024-25
BUDGET AND DECLARING THIS ORDINANCE TO BE IMMEDIATELY
EFFECTIVE AS AN APPROPRIATION MEASURE
THE CITY OF ROSEVILLE ORDAINS:
SECTION 1. The City of Roseville Annual Budget, Fiscal Year 2024-25, is hereby amended as listed on the attached budget adjustment for the Sierra Vista Parcel Acquisition project for affordable housing development.
SECTION 2. This ordinance is hereby declared to be an appropriation measure, immediately effective pursuant to the provisions of Section 5.03 of the Charter.
SECTION 3. The City Clerk is hereby authorized and directed to post a true copy of the foregoing ordinance in each of three (3) conspicuous locations in the City and she shall immediately after such posting enter in the ordinance book, under the record of the ordinance, a certificate under her hand stating the time and place of such publication by posting.
PASSED AND ADOPTED by the Council of the City of Roseville, this day of , 2024, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
EXPENDITURES/EXPENSES/TRANSFERS OUT
REQUEST FOR BUDGET ADJUSTMENT
Updated 5/24/2024
ACCOUNT STRING BUDGET ($) DESCRIPTION
Fund Account Center Project Adjustment
2201 5573 54101 571,850 Increase CDBG Grants Deferred Loans Affordable Housing Development
EXPENDITURES/EXPENSES/TRANSFERS OUT TOTAL 571,850
REVENUES/TRANSFERS IN
ACCOUNT STRING BUDGET ($) DESCRIPTION
Fund Account Center Project Adjustment
2201 4401 54101 571,850 Increase CDBG Federal Grants Revenue for Affordable Housing Development
REVENUES/TRANSFERS IN TOTAL 571,850
NET ADJUSTMENT -
FUND BALANCE
ACCOUNT STRING BUDGET ($) DESCRIPTION
Fund Account Center Project Adjustment
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
FUND BALANCE TOTAL -
Justification for Budget Adjustment:
Staff recommends this budget adjustment to increase the Grants Deferred Loans expenditure budget in the Community Development Block Grant (CDBG) fund by $571,850 to fund the Sierra Vista Parcel Acquisition for an affordable housing development. This budget adjustment will increase the existing Grants Deferred Loans budget of $350,000 to $921,850. This budget adjustment will also increase Federal Grants CDBG revenue by $571,850 which will increase the existing revenue budget of $700,000 to $1,271,850 funded by CDBG carryover grants from prior years (2020, 2021, 2022, and 2023).
REQUESTER NAME & TITLE: Claudia Carreno Management Analyst FISCAL YEAR: 2024-25 PREPARER NAME & TITLE: Claudia Carreno Management Analyst COUNCIL DATE (if applicable): 08/21/24 DEPARTMENT/DIVISION: Economic Development - Housing ORDINANCE:
COUNCIL COMMUNICATION
CC #: 3504
File #: 0114
Title:
State Ballot Measure - Proposition 36: The Drug and Theft Crime Penalties and Treatment-Mandated Felonies Initiative
Contact: Mark Wolinski 916-774-5179 [email protected] Meeting Date: 8/21/2024
Item #: 8.1.
RECOMMENDATION TO COUNCIL
Staff requests the City Council’s consideration to adopt a resolution in support of Proposition 36– The Drug and Theft Crime Penalties and Treatment-Mandated Felonies Initiative.
BACKGROUND
Californians statewide will be asked to vote on Proposition 36 – The Drug and Theft Crime Penalties and Treatment-Mandated Felonies Initiative as an initiated state statute on November 5, 2024.
The bipartisan measure is focused on improving safety in every community and neighborhood in California. It focuses narrowly on accountability measures for repeat offenders of theft and drug traffickers of serious drugs like fentanyl, while incentivizing and encouraging more individuals to participate in and complete drug treatment programs. The measure creates a deterrent for repeat offenders and redirects addicts towards treatment rather than incarceration.
The initiative has garnered support from small business owners, victims of fentanyl, social justice leaders, community organizations, and elected officials, and aims to address the rising issues of drug addiction and theft exacerbated by the 2014 voter-backed initiative Prop. 47, which lowered penalties for these crimes. Prop. 47 more than doubled the amount a person could steal before facing a felony charge from $400 to $950, by requiring that thefts under $950 be charged as misdemeanors.
Proposition 36 would increase penalties for crimes where money or property worth $950 or less is stolen. The initiative would make the crime punishable as a felony for individuals who have two or more prior theft-related convictions. The initiative would make the punishment up to three years in jail or prison depending on their criminal history. Currently, it is punishable by up to six months in jail. The initiative would also increase sentences based on the amount of property stolen.
The initiative introduces "treatment-mandated felonies," which combine judicial discretion with mandatory treatment programs to effectively curb the cycle of drug use and criminal behavior.
Key Proposals of Prop 36:
• Drug and Mental Health Treatment: This proposal mandates treatment for drug addiction with enforceable legal consequences for non-compliance, aiming to support recovery. • Tougher Laws on Drug Dealing: It proposes increased penalties for drug dealers, especially those involved with fentanyl and other hard drugs, with provisions for murder charges if trafficking leads to death.
• Revising Theft Penalties: The initiative seeks to reintroduce harsher penalties for repeat theft offenses, target "smash and grab" crimes, and allow for the aggregation of theft values to elevate charges to felonies.
The initiative would also increase penalties for certain drug crimes by increasing sentence lengths and level of crime. The initiative would add fentanyl to the list of drugs (cocaine, heroin, and methamphetamine) that would warrant a felony charge if an individual possessed one of the listed drugs and a loaded firearm. The punishment for this crime is up to four years in prison. Currently, possessing fentanyl and a loaded firearm is punishable by up to one year in jail.
Furthermore, the initiative would increase sentences based on the quantity of certain drugs sold illegally. The initiative would require individuals who receive increased sentences because of this to serve their entire sentence in state prison instead of county jail regardless of their criminal history.
In addition, the proposed ballot measure will:
• Hold those who are committing repeated retail theft and fentanyl sales crimes accountable, for the safety and health of our communities.
• Create accountability for repeat smash and grab offenders who are driving up costs for all Californians and chasing retailers out of the state.
• Bring back incentives and accountability that are needed for individuals to get into necessary drug treatment and job training programs — helping them begin new lives. Currently those arrested multiple times for hard drug use currently have no incentive to choose treatment, with no consequences.
A "yes" vote supports making changes to Proposition 47 approved in 2014, including:
• Classifying certain drug offenses as treatment-mandated felonies. • Increasing penalties for certain drug crimes by increasing sentence lengths and level of crime. • Requiring courts to warn individuals convicted of distributing illegal drugs of their potential future criminal liability if they distribute deadly drugs like fentanyl, heroin, cocaine, and methamphetamine; and
• Increasing sentences for theft based on the value of the property stolen.
A "no" vote opposes this initiative that makes changes to Proposition 47 (2014), thereby maintaining the status quo with certain drug and theft crimes as misdemeanors.
Conclusion
This measure would amend state laws to (1) create a new court process for certain drug possession crimes, (2) require a warning of future criminal liability for people convicted of drug distribution, (3) increase penalties for certain drug crimes, and (4) increase penalties for certain theft crimes. Some of these changes would undo certain reductions in punishment enacted by Proposition 47. Ultimately the measure would make changes to current laws when it comes to addressing rampant retail theft or the growing epidemic of fentanyl overdoses.
FISCAL IMPACT
The costs of these activities are contained within the City’s current budget.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. The action of reviewing legislation meets the above criteria and is not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal B - Support community engagement and advocacy
Goal C - Maintain a safe and healthy community
Respectfully Submitted,
Mark Wolinski, Government Relations Administrator
Megan MacPherson Scheid, Deputy City Manager, Public Affairs and Communications Director _____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 24-301
Proposition 36:DrugAddiction Theft Reform
RESOLUTION NO. 24-301
SUPPORTING STATE BALLOT MEASURE PROPOSITION 36 – THE DRUG AND THEFT
CRIME PENALTIES AND TREATMENT-MANDATED FELONIES
WHEREAS, Californians statewide will be asked to vote on Proposition 36 – The Drug and Theft Crime Penalties and Treatment-Mandated Felonies Initiative as an initiated state statute on November 5, 2024; and
WHEREAS, the bipartisan measure is focused on improving safety in every community and neighborhood in California and focuses narrowly on accountability measures for repeat offenders of theft and drug traffickers of serious drugs like fentanyl, while incentivizing and encouraging more individuals to participate in and complete drug treatment programs; and WHEREAS, the initiative has garnered support from small business owners, victims of fentanyl, social justice leaders, community organizations, and elected officials, and aims to address the rising issues of drug addiction and theft; and WHEREAS, Proposition 36 would increase penalties for crimes where money or property worth $950 or less is stolen and would also increase sentences based on the amount of property stolen; and
WHEREAS, the initiative would also increase penalties for certain drug crimes by increasing sentence lengths and level of crime; and
WHEREAS, in addition, the proposed ballot measure will:
• Hold those who are committing repeated retail theft and fentanyl sales crimes accountable, for the safety and health of our communities. • Create accountability for repeat smash and grab offenders who are driving up costs for all Californians and chasing retailers out of the state. • Bring back incentives and accountability that are needed for individuals to get into necessary drug treatment and job training programs — helping them begin new lives.
WHEREAS, this measure would amend state laws to (1) create a new court process for certain drug possession crimes, (2) require a warning of future criminal liability for people convicted of drug distribution, (3) increase penalties for certain drug crimes, and (4) increase penalties for certain theft crimes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Roseville that the City of Roseville is in support of Proposition 36 – The Drug and Theft Crime Penalties and Treatment-Mandated Felonies.
PASSED AND ADOPTED by the Council of the City of Roseville this day of , 20 , by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT SECTION 1. Title
This Act shall be known as The Homelessness, Drug Addiction, and Theft Reduction Act.
SECTION 2. Purposes and Intent
This measure will reform laws that have dramatically increased homelessness, drug addiction, and theft throughout California.
This measure will:
A. Provide drug and mental health treatment for people who are addicted to hard drugs such as fentanyl, cocaine, heroin, and methamphetamine.
B. Add fentanyl to existing laws that prohibit the possession of hard drugs while armed with a loaded firearm.
C. Add fentanyl to existing laws that prohibit the trafficking of large quantities of hard drugs.
D. Permit judges to use their discretion to _sentence drug dealers to state prison instead of county jail when they are convicted of trafficking hard drugs in large quantities or are armed with a firearm while engaging in drug trafficking.
E. W am convicted hard drug dealers and manufacturers that they can be charged with murder if they continue to traffic in hard drugs and someone dies as a result.
F. Reinstate penalties for hard drug dealers whose trafficking kills or seriously injures a drug user.
G. Increase penalties for people who repeatedly engage in theft.
H. Add new laws to address the increasing problem of "smash and grab" thefts that result in significant losses and damage, or that are committed by multiple thieves working together.
1 23-0017 A1
SECTION 3. Findings and Declarations
The People of the State of California find and declare as follows:
A. Reducing Homelessness Through Drug and Mental Health Treatment
1. California has reached a tipping point in its homelessness, drug, mental health, and theft crises. Our state has the highest rate of_homelessness per capita of any state in the. country. And drug overdoses now kill two to three times the number of people in California as car accidents.
2. Since the passage of Proposition 4 7 in 2014, homelessness in California has increased by 51 %, while during the same time period in the rest of the country, it has declined by 11 %. Proposition 4 7 reduced the legal consequences of both possession of hard drugs (fentanyl, cocaine, heroin, methamphetamine, and phencyclidine), and theft. The result has been massive increases in drug addiction, mental illness, and property crimes, including retail theft, committed by addicts to support their addiction. At the same time, California has seen a dramatic decrease in mental health and drug treatment for homeless people due to reduced incentives to participate in treatment. Our homelessness problem is directly connected to these unintended consequences of Proposition 4 7, which the voters now desire to correct.
3. Progressive states such as New Jersey, Maryland, Illinois, and Michigan have significantly stronger hard drug laws than California, and their homeless rate is 4 to 5 times lower than California's.
4. This proposal takes a modest step in the direction of these states by enacting a new class of crime called a "treatment-mandated felony." Under this new "treatmentmandated felony," prosecutors would have the discretion to charge a felony for hard drug possession after two previous drug convictions. If charged with this "treatment-mandated felony" for a third or subsequent drug offense, the offender would be given the option of participating in drug and mental health treatment. If the offender successfully completes drug and mental health treatment, the charge would be fully expunged, and the offender would receive no jail time. If the offender refuses drug and mental health treatment, they would serve jail time for hard drug possession. For a second conviction of the treatmentmandated felony (the 4th total conviction for hard drug possession), a judge would have the option of imposing time in jail or state prison. Along with hard drug and mental health treatment, offenders charged with a treatment-mandated felony would be offered shelter, job training, and other services designed to break the cycle of addiction and homelessness.
B. Cracking Down on Hard Drug Dealers
1. Fentanyl is the most dangerous drug that our nation has ever seen. Because it is largely produced synthetically, fentanyl is typically cheaper than other hard drugs. As a result, drug dealers now regularly include fentanyl in other drugs such as diet, anxiety, and 2 sleeping pills, cocaine, and heroin. Further, fentanyl is up to 50 times stronger than heroin. Therefore, a very tiny amount offentanyl can prove deadly. One kilogram (2.2 pounds) of fentanyl provides enough of the drug to manufacture four to ten million doses, or enough to kill 500,000 people. Finally, because such a small amount of fentanyl is necessary to create addiction, it is easier to smuggle across the border in smaller, yet much more deadly quantities.
2. This Act would authorize greater consequences for hard drug dealers whose trafficking kills or seriously injures a person who uses those drugs, and it would provide a mechanism to warn convicted hard drug dealers and manufacturers that they can be charged with murder if they continue to traffic in hard drugs and someone dies as a result.
3. This Act would add non-prescription fentanyl to an existing list of hard drugs such as heroin, cocaine, and methamphetamine, for which it is illegal to possess the drug while armed with a loaded firearm.
4. This Act would also add non-prescription fentanyl to an existing list of hard drugs such as heroin, cocaine, and methamphetamine that authorizes greater consequences for drug dealers who sell large quantities of hard drugs.
5. This Act also permits judges to sentence drug dealers who traffic in large quantities of hard drugs or who are armed with a firearm while trafficking in hard drugs to state prison instead of local county jails. Only our state prisons are equipped to manage security for hardened drug dealers and to provide them the rehabilitation services they need to safely re-enter society.
C. Accountability for Repeat Theft and Smash and Grab Thefts
1. Prior to Proposition 4 7, individuals who repeatedly engaged in theft could be charged with a felony. Prop 4 7 eliminated this repeat offender felony and instead provided that any theft up to $950 in value is now a misdemeanor - regardless of how many times the offender has committed theft. In practice, this means that an offender who repeatedly steals up to $950 in value faces virtually no legal consequences.
2. The result has been an explosion in retail and cargo theft causing stores throughout California to close to protect employees and customers from criminal activity that disrupts the efficient delivery of products directly to consumers and creates billions of dollars in economic losses to our local communities and state. This rapid increase in retail and cargo theft has also contributed to rising inflation, as businesses have been forced to raise prices to account for their economic losses. This retail and cargo theft explosion has collided with the fentany 1 epidemic, as hard drug users have engaged in brazen theft to support their drug habits, knowing that there will be no consequences for either their theft or their hard drug use.
3. Under this Act, an offender with two prior convictions for theft can be charged with a felony, regardless of the value of the stolen property. Diversion programs will continue to 3 exist, meaning that judges will retain discretion not to incarcerate an off ender even for more than two theft convictions. But prosecutors will have the ability to bring felony charges against hardened, repeat offenders who continue to engage in theft. Judges will have the discretion to sentence a repeat offender to jail in appropriate cases, or to state prison if an off ender is convicted four or more times of theft.
4. This Act also authorizes judges to exercise their discretion to impose an enhanced penalty when an offender steals, damages, or destroys property by acting together with two or more offenders or by causing losses of $50,000 or more. By permitting discretion in these scenarios, judges will be able to fashion sentences that are appropriate for the crime committed, including so-called "smash and grabs" committed by mobs or large groups of people working together.
5. The value of property stolen in multiple thefts will be permitted to be added together so that in appropriate cases an offender may be charged with felony theft instead of petty theft. This provision addresses the problem of offenders who commit a series of thefts in which the property stolen during each theft has a value under the $950 felony theft threshold, in order to insulate themselves from felony charges.
6. Along with the hard drug provisions in this Act, these theft law changes will stop the vicious cycle of hard drug users stealing to support their habits without legal consequences for their actions.
SECTION 4. Section 11369 is added to the Health & Safety Code to read:
11369. (a) This section shall be known, and may be cited, as Alexandra's Law. (b) The court shall advise a person who is convicted of, or who pleads guilty or no contest to, a violation of Section 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, or 11379.6 involving a hard drug, of the following:
"You are hereby advised that it is extremely dangerous and deadly to human life to illicitly manufacture, distribute, sell, furnish, administer, or give away any drugs in any form, including real or counterfeit drugs or pills. You can kill someone by engaging in such conduct. All drugs and counterfeit pills are dangerous to human life. These substances alone, or mixed, kill human beings in ve1y small doses. If you illicitly manufacture, distribute, sell, furnish administer, or give away any real or counterfeit drugs or pills, and that conduct results in the death of a human being, you could be charged with homicide, up to and including the crime of murder, within the meaning of Section 187 of the Penal Code. "
(c) The advisory statement shall be provided to the defendant in writing, either on a plea form if used, as an addendum to a plea form, or at sentencing, and the fact that the advisory was given shall be specified on the record and recorded in the abstract of the conviction. 4 (d) (1) Except as provided in paragraph (2), as used in this section, "hard drug" means a substance listed in Sections 11054 or 11055, including a substance containingfentanyl; heroin, cocaine, cocaine base, methamphetamine, or phencyclidine, and the analogs of any of these substances as defined in Sections 11400 and 11401.
(2) As used in this section "hard drug'' does not include cannabis, cannabis products, peyote, lysergic acid diethylamide (LSD) or other psychedelic drugs such as mescaline and psilocybin (mushrooms), or any other substance listed in subdivisions (d) and (e) of Section 11054, or, with the exception of methamphetamine, any other substance listed in subdivision (d) of Section 11055.
SECTION 5. Section 11370.1 of the Health & Safety Code is amended to read:
11370.1. (a) Notwithstanding Section 11350 or 11377 or any other provision oflaw, every person who unlawfully possesses any amount of a substance containing cocaine base, a substance containing cocaine, a substance containing heroin, a substance containing methamphetamine, a substance containing fentanyl, a crystalline substance containing phencyclidine, a liquid substance containing phencyclidine, plant material containing phencyclidine, or a hand-rolled cigarette treated with phencyclidine while armed with a loaded, operable firearm is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years.
(k) Subdivision {a) does not apply to any person lawfully possessing fentanyl, including with a valid prescription.
1£1 As used in this-subdivision {gJ_,_ "armed with" means having available for immediate offensive or defensive use.
-fat-( d) Any person who is convicted under this section shall be ineligible for diversion or deferred entry of judgment under Chapter 2.5 ( commencing with Section 1000) of Title 6 of Part 2 of the Penal Code.
SECTION 6. Section 11370.4 of the Health & Safety Code is amended to read:
11370.4. (a)--Afly- {1JA person convicted of a violation of, or of a conspiracy to violate, Section 11351, 11351.5, or 11352 with respect to a substance containing heroin, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, or cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 shall receive an additional state prison term as follows:
(l)\l/here
5 {A,lJfthe substance exceeds one kilogram by weight, the person shall receive an additional term of three years.
(2)Vlhere
(ll)_Jfthe substance exceeds four kilograms by weight, the person shall receive an additional term of five years.
(3)\Vhere
{{;l]f.the substance exceeds 10 kilograms by weight, the person shall receive an additional term of 10 years.
(4)'Nhere
{l2)_Jfthe substance exceeds 20 kilograms by weight, the person shall receive an additional term of 15 years.
(5)\Vhere
(Jj;)_Jfthe substance exceeds 40 kilograms by weight, the person shall receive an additional term of20 years.
(6)Where
{EJ.Jfthe substance exceeds 80 kilograms by weight, the person shall receive an additional term of25 years .
.Ql_ The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (b) Aey-{J_)_A_ person convicted of a violation of, or of conspiracy to violate, Section 11378, 11378.5, 11379, or 11379.5 with respect to a substance containing methamphetamine, amphetamine, phencyclidine (PCP) and its analogs shall receive an additional state prison term as follows:
(l)\\7here
{A,lJfthe substance exceeds one kilogram by weight, or 30 liters by liquid volume, the person shall receive an additional term of three years.
6 {JJ)_jf the substance exceeds four kilograms by weight, or 100 liters by liquid volume, the person shall receive an additional term of five years.
(3)Where
{QJf the substance exceeds 10 kilograms by weight, or 200 liters by liquid volume, the person shall receive an additional term of 10 years.
(4)\1/here
(J])_Jfthe substance exceeds 20 kilograms by weight, or 400 liters by liquid volume, the person shall receive an additional term of 15 years.
Ql In computing the quantities involved in this subdivision, plant or vegetable material seized shall not be included.
ill The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (c) (1) A person convicted ofa violation of or ofa conspiracy to violate. Section 11351 or 11352 with respect to a substance containing fentanyl shall receive an additional state prison term as .follo-ws:
(A) Jfthe substance exceeds 28.35 grams (one ounce) by weight. the person shall receive an additional term of three years.
(B) If the substance exceeds 100 grams by weight, the person shall receive an additional term of five years.
(C) Jfthe substance exceeds 500 grams by weight, the person shall receive an additional term of seven years.
(D) Jfthe substance exceeds one kilogram by weight. the person shall receive an additional term ofJ0 years.
(E) If the substance exceeds four kilograms by weight. the person shall receive an additional term of] 3 years.
(F) If the substance exceeds 10 kilograms by weight. the person shall receive an additional term ofJ6 years.
(G) Jfthe substance exceeds 20 kilograms by weight. the person shall receive an additional term ofl9 years.
7 (H) If the substance exceeds 40 kilograms by weight. the person shall receive an additional term of22 years.
(I) If the substance exceeds 80 kilograms by weight. the person shall receive an additional term of25 years.
(2) The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier olfact finds that the defendant conspirator was substantially involved in the planning, direction. execution. or financing of the underlying offense. fej @.The additional terms provided in this section shall not be imposed unless the allegation that the weight of the substance containing heroin, fentanyl, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, methamphetamine, amphetamine, or phencyclidine (PCP) and its analogs exceeds the amounts provided in this section is charged in the accusatory pleading and admitted or found to be true by the trier of fact.
(e)Notwithstandingparagraph (9) o(subdivision (h) of Section 1170 of the Penal Code. a defendant convicted of an underlying violation specified in this section who admits an enhancement pursuant to this section or for whom an enhancement pursuant to this section is .found true. is punishable by imprisonment in the state prison and not pursuant to subdivision (h) o{Section 1170 ofthe Penal Code.
fdj {tlThe additional terms provided in this section shall be in addition to any other punishment provided by law.
W ..(g2Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment.
SECTION 7. Article 8 (commencing with Section 11395) is added to Chapter 6 of Division 10 of the Health & Safety Code, to read:
11395. (a) This section shall be known as the "Treatment-Mandated Felony. " (b) (1) Notwithstanding any other law, and except as provided in subdivision (d), a person described in subdivision (c) who possesses a hard drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code. A second or subsequent conviction of this section, is punishable by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison.
8 (2) A person shall not be sentenced to jail or prison pursuant to this section unless a court determines that the person is not eligible or suitable for treatment or that any other circumstance described in paragraph (4) of subdivision (d) applies to that person. (c) Subdivision (b) applies to a person who has two or more prior convictions for a felony or misdemeanor violation of Sections 11350, 11351, 11351.5, 11352, 11353, 11353.5, 11353. 7, 11370.1, 11377, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, or 11395, including a conviction that occurred before the effective date of this section. Prior convictions shall be alleged in the accusatory pleading, and either admitted by the defendant in open court or found to be true by the trier of fact.
(d) (l)(i) In lieu of a jail or prison sentence, or a grant of probation with jail as a condition of probation, a defendant charged with a violation of this section may elect treatment by pleading guilty or no contest to a violation of this section and admitting the alleged prior convictions, waiving time for sentencing and the pronouncement of judgment, and agreeing to participate in, and complete, a detailed treatment program developed by a drug addiction expert and approved by the court. A defendant's plea of guilty or no contest shall not constitute a conviction for any purpose unless judgment is entered pursuant to paragraph ( 4) for a violation of this section. (ii) Upon or subsequent to arraignment for a violation of this section, and at the request or with the consent of the defendant or their attorney, the court shall order a drug addiction expert to conduct a substance abuse and mental health evaluation of the defendant. The expert shall submit a report of the evaluation to the court and parties. The evaluation may be based on an interview of the defendant and/or other individuals with relevant knowledge and review of records the expert deems appropriate, such as medical records, criminal history, prior treatment history, and records pertaining to the current offense. If the defendant participates in the interview, neither the defendants interview nor evidence derived from the interview may be used against the defendant at any subsequent trial for the instant offense except for the purposes of impeachment should the defendant testify inconsistently. The evaluation shall detail the defendants drug abuse and/or mental health issues, if any, so the court and parties may better determine appropriate handling of the defendants case.
(iii) Concurrent with the order for a substance abuse and mental health evaluation of the defendant, and with the defendants consent, the court shall also order that a case worker or other qualified individual determine whether the defendant is eligible to receive Medi-Cal, Medicare, or any other relevant benefits for any programs or evaluations under this section. If the defendant did not previously consent to an eligibility determination at arraignment, the court shall order the eligibility determination upon and as a condition of the defendants agreement to participate in and complete a treatment program as described in this subdivision. (2) A treatment program may include, but is not limited to, drug treatment, mental health treatment, job training, and any other conditions related to treatment or a successful outcome for the defendant that the court finds appropriate. The court must hold regular hearings to review the progress of the defendant. The court shall make referrals to programs that provide services at no cost to the participant and have been deemed by the court, the drug addiction expert, and 9 the parties to be credible and effective. A defendant may also choose to pay for a program that is approved by the court.
(3) Upon the defendant's successful completion of the treatment program as specified in paragraph (2), the positive recommendation of the treatment program, and the motion of the defendant, prosecuting attorney, the court, or the probation department, the court shall dismiss this charge against the defendant and the provisions of Section 1000. 4 of the Penal Code, as it read on the effective date of this section, shall apply, including the provision that the arrest upon which the defendant was deferred shall be deemed to have never occurred A dismissal based on the successful completion of treatment shall not count as a conviction for any purpose, including for determining punishment pursuant to subdivision (b ). (4) If at any time it appears that the defendant is performing unsatisfactorily in the program, is not benefiting.from treatment, is not amenable to treatment, has refused treatment, or has been convicted of a crime that was committed since starting treatment, the prosecuting attorney, the court on its own, or the probation department may make a motion for entry of judgment and sentencing. After notice to the defendant, the court shall hold a hearing to determine whether judgment should be entered and the defendant sentenced Judgment shall be imposed and the defendant sentenced if the court finds true one or more of the foregoing circumstances. However, except when the defendant has been found to have been convicted of a crime that was committed since starting treatment, the court may re-refer the defendant to treatment if the court finds that it is in the interest of justice to do so, that the defendant is currently amenable to treatment, and if the defendant agrees to participate in, and complete, a treatment program as described in this section.
(5) For time spent in residential treatment, a defendant may earn only actual credits pursuant to Section 2900.5 of the Penal Code and shall not earn conduct credits pursuant to Section 4019 of the Penal Code or any other provision. Time spent in any other type of program or counseling is not eligible for any credits.
(e) (I) Except as provided in paragraph (2), as used in this section, "hard drug" means a substance listed in Sections 11054 or 11055, including a substance containingfentanyl, heroin, cocaine, cocaine base, methamphetamine, or phencyclidine, and the analogs of any of these substances as defined in Sections 11400 and 11401.
(2) As used in this section ''hard drug" does not include cannabis, cannabis products, peyote, lysergic acid diethylamide (LSD) or other psychedelic drugs such as mescaline and psilocybin (mushrooms), or any other substance listed in subdivisions (d) and (e) of Section 11054, or, with the exception of methamphetamine, any other substance listed in subdivision ( d) of Section 11055.
(I) Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public safety and likelihood to return to court.
10 (g) This section shall not be construed to preclude prosecution or punishment pursuant to any other law.
SECTION 8. Section 490.3 is added to the Penal Code to read:
490. 3. Notwithstanding any other law, in any case involving one or more acts of theft or shoplifting, including but not limited to, violations of Sections 459.5, 484, 488, and 490.2, the value of property or merchandise stolen may be aggregated into a single count or charge, with the sum of the value of all property or merchandise being the values considered in determining the degree of theft.
SECTION 9. Section 666.1 is added to the Penal Code to read:
666.1. (a)(]) Norn.Jithstanding any other law, a person who has two or more prior convictions for any of the offenses listed in paragraph (2), and who is convicted of petty theft or shoplifting, is punishable by imprisonment in the county jail not exceeding one year or pursuant to subdivision (h) of Section 1170. A second or subsequent conviction of this section is punishable by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison.
(2) This section applies to the following offenses, including a conviction that occurred before the effective date of this section:
(A) Petty theft, as described in Section 488 or 490.2.
(B) Grand theft, as described in Section 487, 487h, and in Chapter 5 of Title 13 of Part 1 of the Penal Code (commencing with Section 484).
(C) Theft from an elder or dependent adult, as described in Section 368. (D) The theft or unauthorized use of a vehicle, as described in Section 10851 of the Vehicle Code.
(E) Burglary, as described in Section 459.
(F) Ca17·acking, as described in Section 215.
(G) Robbery, as described in Section 211.
(H) Receiving stolen property, as described in Section 496. (I) Shoplifting, as described in Section 459.5.
11 (J) Identity theft and mail theft, as described in Section 530.5. (b) A person subject to charging under this section or actually charged with this section may be referred by a prosecuting attorney's office or by a county probation department to a theft diversion or deferred entry ofjudgment program pursuant to Section 1001.81. lf appropriate, a person admitted to such a program may also be referred to a substance abuse treatment program.
(c) Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public safety and likelihood to return to court.
(d}This section shall not be construed to preclude prosecution or punishment pursuant to any other law.
SECTION 10. Section 12022 of the Penal Code is amended to read:
12022. (a) (1) Except as provided in subdivisions (c) and (d), a person who is armed with a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one year, unless the arming is an element of that offense. This additional term shall apply to a person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with a firearm, whether or not the person is personally armed with a firearm. (2) Except as provided in subdivision (c), and notwithstanding subdivision (d), if the firearm is an assault weapon, as defined in Section 30510 or 30515, or a machinegun, as defined in Section 16880, or a .50 BMG rifle, as defined in Section 30530, the additional and consecutive term described in this subdivision shall be three years imprisonment pursuant to subdivision (h) of Section 1170 whether or not the arming is an element of the offense of which the person was convicted. The additional term provided in this paragraph shall apply to any person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with an assault weapon, machinegun, or a .50 BMG rifle, whether or not the person is personally armed with an assault weapon, machinegun, or a .50 BMG rifle. (b) (1) A person who personally uses a deadly or dangerous weapon in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for one year, unless use of a deadly or dangerous weapon is an element of that offense.
(2) If the person described in paragraph (1) has been convicted of carjacking or attempted carjacking, the additional term shall be in the state prison for one, two, or three years. (3) When a person is found to have personally used a deadly or dangerous weapon in the commission of a felony or attempted felony as provided in this subdivision and the weapon is 12 owned by that person, the court shall order that the weapon be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005. (c) ill Notwithstanding the enhancement set forth in subdivision (a), a person who is personally armed with a firearm in the commission of a violation or attempted violation of Section 11351, 11351.5, 11352, 11366.5, 11366.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code shall be punished by an additional and consecutive term of imprisonment in the state prison pursuant to subdivision (h) of Section 1170 for three, four, or five years. (2) Notwithstanding paragraph (9) of subdivision (h) of Section 1170 of the Penal Code. a defendant convicted of an underlying violation specified in this subdivision who admits an enhancement pursuant to this subdivision or for whom an enhancement pursuant to this subdivision is found true, is punishable by imprisonment in the state prison and not pursuant to subdivision (h) ofSection 1170 ofthe Penal Code.
(d) Notwithstanding the enhancement set forth in subdivision (a), a person who is not personally armed with a firearm who, knowing that another principal is personally armed with a firearm, is a principal in the commission of an offense or attempted offense specified in subdivision ( c ), shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years.
( e) For purposes of imposing an enhancement under Section 1170.1, the enhancements under this section shall count as a single enhancement.
(t) Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in subdivision ( c) or ( d) in an unusual case where the interests of justice would best be served, if the court specifies on the record and enters into the minutes the circumstances indicating that the interests of justice would best be served by that disposition.
SECTION 11. Section 12022.6 is added to the Penal Code to read:
12022. 6. (a) When any person takes, damages, or destroys any property in the commission or attempted commission of a felony, or commits a felony violation of Section 496, the court shall impose a term in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, as follows:
(1) Jfthe loss or property value exceeds fifty thousand dollars ($50,000), the court shall impose an additional term of one year.
(2) If the loss or property value exceeds two hundred thousand dollars ($200,000), the court shall impose an additional term of two years.
(3) If the loss or property value exceeds one million dollars ($1,000,000), the court shall impose an additional term of three years.
13 (4) If the loss or property value exceeds three million dollars ($3,000,000), the court shall impose an additional term of four years.
(5) For every additional loss or property value of three million dollars ($3,000,000), the court shall impose a term of one year in addition to the term specified in paragraph (4). (b) In any accusatory pleading involving multiple charges of taking, damage, or destruction, or multiple violations of Section 4 96, the additional terms provided in this section may be imposed if the aggregate losses to the victims or aggregate property values from all felonies exceed the amounts specified in this section and arise from a common scheme or plan. All pleadings under this section shall remain subject to the rules of joinder and severance stated in Section 954.
(c) The additional terms provided in this section shall not be imposed unless the facts relating to the amounts provided in this section are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. ( d) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count, including an enhancement pursuant to Section 12022.65.
SECTION 12. Section 12022.65 is added to the Penal Code to read:
12022. 65. (a) Any person who acts in concert with two or more persons to take, attempt to take, damage, or destroy any property, in the commission or attempted commission of a felony shall be punished by an additional and consecutive term of imprisonment of one, two, or three years. (b) The additional term provided in this section shall not be imposed unless the existence of the facts required in subdivision (a) are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.
(c) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count, including an enhancement pursuant to Section 12022. 6.
SECTION 13. Section 12022.7 of the Penal Code is amended to read:
12022.7. (a) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three years. (b) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony which causes the victim to 14 become comatose due to brain injury or to suffer paralysis of a permanent nature shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. As used in this subdivision, "paralysis" means a major or complete loss of motor function resulting from injury to the nervous system or to a muscular mechanism. ( c) Any person who personally inflicts great bodily injury on a person who is 70 years of age or older, other than an accomplice, in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for five years.
( d) Any person who personally inflicts great bodily injury on a child under the age of five years in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for four, five, or six years. ( e) Any person who personally inflicts great bodily injury under circumstances involving domestic violence in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three, four, or five years.
As used in this subdivision, "domestic violence" has the meaning provided in subdivision (b) of Section 13700.
(f) ill As used in this section, "great bodily injury" means a significant or substantial physical lllJUry.
(2) As used in this section. a person who sells. furnishes. administers. or gives away a controlled substance is deemed to have personally inflicted great bodily in;ury when the person to whom the substance was sold. furnished. administered. or given suffers a significant or substantial physical in;ury ftom using the substance.
(g) This section shall not apply to murder or manslaughter or a violation of Section 451 or 452.
Subdivisions (a), (b ), ( c ), and ( d) shall not apply if infliction of great bodily injury is an element of the offense.
(h) The court shall impose the additional terms of imprisonment under ei-thef subdivision (a), (b), (c), or (d), but may not impose more than one of those terms for the same offense.
SECTION 14. Chapter 36 (commencing with Section 7599.200) is added to Division 7 of Title 1 of the Government Code, to read:
7599.200. (a) This section shall be known as "Fundingfor the Homelessness, Drug Addiction, and Theft Reduction Act. "
15 (b) From monies disbursed to the Board of State and Community Corrections pursuant to paragraph (3) of subdivision (a) of Section 7599.2 of the Government Code and Section 6046.2 of the Penal Code, the Board of State and Community Corrections may allocate appropriate funds to counties and local governments for programs specified in Section 11395 of the Health and Safety Code. This provision shall not preclude funding for this Act from any other source, including but not limited to the Local Revenue Fund 2011 established under Government Code Section 30025 and other such funds designated for substance abuse and mental health treatment.
(c) A defendant charged with a treatment-mandated felony is eligible for any appropriate MediCal or Medicare programs or services, including but not limited to those described in Government Code Section 30025 (f)(l 6)(B)(iii)-(v ), for the defendant's programs specified in Section 113 9 5 of the Health and Safety Code. A county or local government may contract directly with the State Department of Healthcare Services or any other applicable State agency to provide for the provision or administration of any applicable Medi-Cal or Medicare treatment programs.
SECTION 15. Amendments
(a) Except as provided in subdivision (b), this Act shall not be amended by the Legislature except by a statute that furthers the purposes, intent, findings, and declarations of the Act and is passed in each house by roll call vote entered in the journal, two-thirds of the membership of each house concurring, or by a statute that becomes effective only when approved by the voters. (b) The Legislature may, by majority vote, amend Section 11369 of the Health & Safety Code only to expand the list of drugs that qualify as a "hard drug" and to expand the list of convictions to which it applies, and may, by majority vote, amend Section 11395 of the Health & Safety Code only to expand the list of drugs that qualify as a "hard drug" and to expand the list of applicable prior convictions , and may, by majority vote, amend Section 666.1 of the Penal Code only to expand the list of applicable prior convictions.
SECTION 16. Severability
If any provision of this Act, or any part of any provision, or the application of any provision or part to any person or circumstance is for any reason held to be invalid or unconstitutional, the remaining provisions and applications of provisions shall not be affected, but shall remain in full force and effect, and to this end the provisions of this Act are severable.
SECTION 17. Conflicting Initiatives
(a) This Act creates a new drug treatment statute and changes the penalties for career and serial thieves. In the event that this Act and another initiative measure or measures relating to the same subject appear on the same statewide ballot, the provisions of the other measure or measures 16 shall be deemed to be in conflict with this measure. In the event this measure receives a greater number of affirmative votes than a measure deemed to be in conflict with it, the provisions of this measure shall prevail in their entirety, and the provisions of the other measure or measures shall be null and void.
(b) If this measure is approved by voters but superseded by law by any other conflicting measure approved by the voters at the same election, and the conflicting ballot measure is later held invalid, this measure shall be self-executing and given full force and effect. 17 COUNCIL COMMUNICATION
CC #: 3495
File #: 0103-34-02
Title:
Grants Advisory Commission - Policy Manual Updates and Direction on Voting Status of Youth Commissioner
Contact: Tobi Thomas 916-746-1368 [email protected] Meeting Date: 8/21/2024
Item #: 9.1.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council:
1) Approve the Youth Commissioner to become a voting member of the Grants Advisory Commission; and
2) Adopt a resolution to approve the Grants Advisory Commission (GAC) recommendations to update the Citizens’ Benefit Fund (CBF) Policy Manual regarding eligibility of applicants.
BACKGROUND
Each year, the Grants Advisory Commission (GAC) reviews the past year's grant funding cycle process and documents and updates them, as needed, for the upcoming year. There are two items the GAC is recommending the City Council considers and adopts and approves:
1) Update the Citizens’ Benefit Fund Policy Manual regarding eligibility of applicants, and 2) Allow the Youth Commissioner to become a voting member of the GAC Citizens’ Benefit Fund Policy Manual Update
During the FY2024-25 grant application process, another city reached out to the City Attorney’s Office to learn about our long-standing success with the Grants Advisory Commission as they considered establishing a similar program. In sharing resources and discussing grant program insights with this city, staff discovered a California Constitutional provision from 1879 barring the use of public funds to directly aid private schools. It states:
No public money shall ever be appropriated for the support of any sectarian or denominational school, or any school not under the exclusive control of the officers of the public schools; nor shall any sectarian or denominational doctrine be taught, or instruction thereon be permitted, directly or indirectly, in any of the common schools of this State. (Cal. Const., art. IX, § 8.)
In an effort to clarify this for our GAC applicants going forward, staff and the Commissioners reviewed the grant documents and recommended revising the Citizens’ Benefit Fund Policy Manual under the Grant Request from Schools (page 16) section as follows:
Funds will not be awarded directly for private schools (a private school is any school not under the exclusive control of the officers of the public schools; public charter schools are generally not private schools), unless it is clear that any benefit to a private school is, at most, merely an “incidental” or “indirect” effect, and the direct benefit is improving the quality of life for the citizens of Roseville. For example, a private school passing through funds to provide food security to its students who are citizens of Roseville has no direct benefit to the private school itself, providing direct benefit, though, to our citizens.
Youth Commissioner Voting Status
The City’s Boards and Commissions currently have four youth commissioners who serve on the Grants Advisory Commission, Transportation Commission, Parks and Recreation Commission, and the Library Board. The GAC Youth Commissioner is the only youth commissioner without voting rights.
When the GAC was formed, the Commissioners at that time felt the voting responsibility required more life experience than a high school student would have, given the competitive nature and the large dollar amounts given to the nonprofit organizations through the grants. Time has revealed that the Youth Commissioners’ dedication, contributions, scoring and feedback have proven to be very valuable information to the Commissioners when making their decisions and recommendations to City Council. Notably, their scoring, though it hasn’t counted toward final recommendations, has been highly consistent with the scoring of the rest of the commissioners.
Given the exceptional quality and maturity of the high school students who serve on this commission, the GAC recommends changing the status of the youth commissioner to a voting member of the GAC, consistent with the status of the youth commissioners serving on the City’s other boards and commissions. If approved by Council, staff will incorporate this change in a forthcoming version of the City of Roseville City Council/Boards, Commissions, and Committees Administrative Standards.
FISCAL IMPACT
This will have no fiscal impact to the General Fund.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. Approval of the Grants Advisory Commission recommendations meet the above criteria and are not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal B - Support community engagement and advocacy
Goal E - Deliver exceptional city services
Respectfully Submitted,
Tobi Thomas, Management Analyst
Megan Scheid, Deputy City Manager
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 24-294
CBF Policy Manual Updates - Redline
RESOLUTION NO. 24-294
APPROVING REVISIONS TO THE CITIZENS’ BENEFIT FUND POLICY MANUAL WHEREAS, the Grants Advisory Commission reviews policies and procedures annually in an effort to improve efficiencies and streamline processes; and WHEREAS, this year, staff recommends the following policy revisions to the Citizens’ Benefit Fund Policy Manual for the upcoming 2024/2025 funding cycle:
Applicant Eligibility
Updates policy to exclude private schools from receiving funds per California Constitutional provision.
WHEREAS, City Council has reviewed staff recommendations; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said recommendations are hereby approved.
PASSED AND ADOPTED by the Council of the City of Roseville this day of , 2024, by the following vote on roll call:
AYES – COUNCILMEMBERS:
NOES – COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
City of Roseville
Citizens’ Benefit Fund
Policy Manual
adopted by the
Roseville Grants Advisory Commission
September 12, 2000
amended
November 12, 2002
December 3, 2003
November 9, 2004
November 8, 2005
November 18, 2008
December 19, 2012
October 8, 2013
February 17, 2016
June 21, 2017
November 18, 2020
October 18, 2023
August 21, 2024
Citizens’ Benefit Fund Policy Manual 1 Amendments October August 20234 Policy Manual
Table of Contents
Purpose ………………………………………………………………………………………….. 2
Chronology of Citizens’ Benefit Fund.……………………………………………………… 3 Adopted Policies of the Grants Advisory Commission & Roseville City Council….. 6 Criteria for Grant Applicants……………………………………………………………… 7 Original Criteria and Application Submittal Requirements……………………….….. 7 Americans with Disabilities Act Compliance…………………………………………. 7 Bids for Capital Items………………..……………………………………………... …. 7 Funding for Religious or Sectarian Activities Prohibited………………………....…. 8 Grant recipients located in Roseville …………………………………………….…… 8 Ownership or Long-term Lease of Property Improved with Grant Funds…………. 8 Compliance with California Prevailing Wage Law – SB 975/AB 2690…………….. 8 Tax Status………………………………………………………………………………... 9
Process-Related Policies…………………………………………………………….……. 10
Annual Review ……………………………………………………………………………
Recipient Reporting ……………………………………………………………………...
10 10
Appeal of Grant Advisory Commission Decision …………………………………….. 10 Funds Expended within One Year …………………………………………………….. 10 Line Item Review.………………………………………………………………………… 10
Applicant Workshop……………………………………………………………………… 11
Process to Amend or Extend Timeframe of Approved Grants……………...………. 11 Site Visits………………………………………………………………………………….. 11
Application Review and Process…………………….…………………………………. 12 Funding Policies……………………………………………………………………….…… 13
City Projects..………………………………………………………………………….….. 13
Categories and Target Maximum Amount……………………………..….…………... 13 Funding Priorities……………………….………………………………………………... 13
Matching Funds Not Required…………………………………………………………... 14 Multiple Applications from One Agency………………………………………………... 14 Multiple Year Grants …………………………………………………………………….. 14
Perpetual Funding ……………………………………………………………………….. 15
Fund Investing & Funding Source………………………………………………………. 15 Grant requests from Schools …………………………………………………………… 15
Appendices………………………………………………………………………………………. 16
A: Ordinance 3388
B: Application Guidelines
C: Application
D: Finance Department Audit Form (Request for Funds and Report of Expenditures) – form retired after 2007/08 funding cycle
E: Grant Agreement
F: Request for Amendment to Grant Application
G: Memorandum from Deputy City Attorney Bob Schmitt to Assistant to the City Manager Julia Burrows dated September 20, 2002 regarding SB 975 and the Citizens’ Benefit Fund
H: Memorandum from Associate City Attorney Michele Sheidenberger dated August 31, 2004 regarding AB 2690 and the Citizens’ Benefit Fund
I: 2013 Historical Assessment of the Roseville Grant Program Citizens’ Benefit Fund Policy Manual 2 Amendments October August 20234 J: Implementation Strategies for 2019/20 Kone’ Consulting’s Community Needs Assessment (CNA)
Citizens’ Benefit Fund Policy Manual 3 Amendments October August 20234 City of Roseville
Citizens’ Benefit Fund
Policy Manual
Purpose
The purpose of the Citizens’ Benefit Fund Policy Manual is to:
Document the policy decisions of the Grants Advisory Commission and Roseville City Council regarding the Citizens’ Benefit Fund by year and by topic; Serve as a reference for new Grants Advisory Commissioners and Roseville City Councilmembers as to program implementation; and
Answer questions from the public regarding the grants process, including questions from potential grant applicants, and current grant recipients.
Citizens’ Benefit Fund Policy Manual 4 Amendments October August 20234 Chronology of Citizens’ Benefit Fund
Jun 1, 1994 Grants Advisory Commission established by Ordinance 2774.
Hospital Proceeds Fund Established by Ordinance number 2788. Chapter
4.06 is added to the Roseville Municipal Code to establish the Hospital Proceeds Fund.
Jul 12, 1994 City Council approves criteria and first grant application.
Jan 25, 1995 Joint City Council/Grants Advisory Commission Workshop to discuss Grant application process, including estimated timeframe for processing grant applications and restricting grant funds to benefit Roseville residents only for specific project, rather than general funding; no funding for administrative costs, audit procedures following Grant awards; procedures to notice Commission meetings and interviews with applicants.
Sep 10, 1997 Joint City Council/Grants Advisory Commission Workshop to discuss grant consideration process, appeal opportunities, award process, stewardship of funds, application form changes, multiple year funding, auditing, collaboration of organizations, grant requests for capital projects, city projects or from agencies outside the city.
Dec 16, 1998 City Council approves formal process to consider modifications to approved grants and adoption of marketing program for the Citizens’ Benefit Fund.
Aug 18, 1999 Ordinance 3388 adopted by the Roseville City Council amending Chapter
4.06 of the Roseville Municipal Code. Amendments include:
1. Name change from Hospital Proceeds Fund to Citizens’ Benefit Fund to reflect opportunity for donations to the fund from the community rather than limited principal amount from sale of municipal hospital.
2. Amendment to Section 4.04.040, Expenditures of Money, to indicate unappropriated amounts may be carried forward to subsequent fiscal years, or at the discretion of the City, may be added to the principal.
Jul 10, 1999 Joint City Council/Grants Advisory Commission Workshop to discuss policies related to requirement for matching funds, grant funding for leased vs. owned property, perpetual funding, monitoring/annual reports, and Ad Hoc Committee.
Nov 3, 1999 City Council adopts policies related to issues from joint Commission/Council workshop.
Dec 3, 2003 City Council approves Grants Advisory Commission recommendations for funding criteria and process improvements following three workshops by the Commission and the first REACH/Enron funding cycle.
Citizens’ Benefit Fund Policy Manual 5 Amendments October August 20234 Dec 15, 2004 City Council approved Grants Advisory Commission recommendations for revisions as a result of AB 2690 – repealing the requirement that volunteers be paid prevailing wages and eliminating the mandatory workshop.
December 19, 2012 The City Council approved a financial report on the Citizens’ Benefit Fund (CBF) and a work plan for a comprehensive grants policy review.
May 29, 2014 GIM to the City Council regarding completion of phase 1 in the Comprehensive Grants Review Process – Historical Assessment Report of the Roseville Grants program.
April 20, 2015 Joint City Council/Grants Advisory Commission Workshop to discuss policies relating to administration of the Fund and Fund investment and program options.
December 16, 2015 City Council considered and reaffirmed:
1. Retention of the Citizens’ Benefit Fund (CBF) with the City to be invested and administered by the City.
2. Retention of the Grants Program and Commission with administration by the City.
3. Revision of the Citizens’ Benefit Fund (CBF) Policy Manual and Guidelines, as follows:
a) Accept investment strategy revisions expanding strategy consistent with Government Codes.
b) Reaffirm smoothing strategy to hold back proceeds in excess of $500K and establish new policy for annually utilizing proceeds in excess of $500K for smoothing or special projects or community benefits.
c) Reaffirm the nine (9) funding program categories.
d) Retain limits on school districts and schools, as approved by the Grants Commission.
e) Continue policy that the City Manager, or his designee, approve grants submitted for City requests.
f) Confirm no giving priorities with each funding request to be evaluated on its own merits.
g) Establish a policy for an annual needs assessment for Council to consider and establish priorities for the coming funding cycle.
June 17, 2017 City Council approved revisions to Grants Policy Documents to streamline program procedures relating to administration of Grants program.
Additionally, Grants have been focused and aligned to solely private schools and non-profits entities.
Citizens’ Benefit Fund Policy Manual 6 Amendments October August 20234 November 18, 2020. City Council approved new Implementation Strategies provided by the Grants Advisory Commission based on findings from the Community Needs Assessment by Kone Consulting. Changes include:
1.) Service Categories
2.) Funding priorities
3.) Collaboration
4.) Promoting Outcomes
5.) Measuring Success
6.) Scoring Methodologies
October 18, 2023 City Council approved revisions to clarify policies relating to bid requirements and site visits by the Grants Commissioners.
Citizens’ Benefit Fund Policy Manual 7 Amendments October August 20234 Adopted Policies of the Grants Advisory Commission and Roseville City Council 1994-2023
Criteria for Grant Applicants
Original Criteria and Application Submittal Requirements (6/94, 2/16) Americans with Disabilities Act Compliance (1/99)
Bids Required for Capital Expenditures to be Included (1/96, 10/99) revised 10/23 Funding for Religious or Sectarian Activities Prohibited (1/99) Grant recipients located in Roseville (9/97)
Ownership or Long-term Lease of Property Improved by Grant Funds (11/99) Compliance with State of California Prevailing Wage Law – SB 975 (11/02) & AB 2690 (12/04) Tax Status (12/03)
Process-Related Policies
Annual Review (10/13, 6/17)
Recipient Reporting (11/99)
Appeal of Grant Advisory Commission Decision (9/97, 6/17) Funds Expended within One Year (8/97)
Line Item Review (11/99)
Applicant Workshop (9/97)
Process to Amend or Extend Timeframe of Approved Grants (12/98) Site Visits (12/03, clarified 10/23)
Application Review and Process (12/03, 2/16, 6/17)
Funding Policies
Categories and Target Maximum Amount (9/97, 12/03, 2/16, 6/17, 11/20) Priority Areas (11/20)
Matching Funds Not Required (11/99)
Multiple Applications from One Agency (12/03, 6/17)
Multiple Year Grants (9/97, 12/03)
Perpetual Funding (11/99)
Fund Investing and Funding Source (11/05, 2/16)
Funding for Schools (11/08, 6/17, 8/24)
Citizens’ Benefit Fund Policy Manual 8 Amendments October August 20234 Criteria for Grant Applicants
Original Criteria and Application Submittal Requirements Adopted July 1994 Revised February 2016
The original criteria and application form were established by the Grant Evaluation Criteria Subcommittee in 1994. The subcommittee conducted public meetings on May 24, June 14, and June 27 to discuss and revise the guidelines and presented their draft, adopted by the Commission on June 27th to the City Council on July 6, 1994.
The criteria included a points/rating system that was not adopted by the Commission. A majority of the questions in the current application were as originally drafted. New policies that have amended the application over time are discussed in this manual.
In January 2014, the Grants Advisory Commission approved, and made a requirement that all, Grant Applications be submitted via an online web-based program.
Americans with Disabilities Act Compliance Adopted January 1999 The Commission added a question to the application form requesting specific information regarding compliance with the Americans with Disabilities Act. The City is not allowed to fund programs or services by agencies that do not comply with ADA. Applicants are also required to comply with state disability laws, which in many cases are more stringent than the federal ADA law.
Bids Required for Capital Expenditures Adopted January 1996 Revised October 1999
Revised February 2016
Revised October 2023
In January 1996, the Commission adopted a requirement for applicants to submit bids for ”capital expenditures.”
Capital expenditures for individual items and projects less than $500 do not require documented bids. Capital expenditures for individual items and projects costing $3,999 and under must have at least three (3) telephone or written bids documented/included with the submitted application.
Capital expenditures for individual items and projects costing $4,000 and above must have three (3) written bids included with the submitted application. Bids do not have to be awarded to the lowest bidder; bids should be awarded to the most responsible bidder.
If, in the rare case, the capital expenditure item or project is not conducive to bidding, an explanation in lieu of bid information should be attached to the application, e.g., in some instances, three bids are not available for specialized equipment that may be manufactured by only one or two companies. Additionally, in some cases, bids are only valid for 30 to 60 days or less, while the grant application process runs from approximately December through June for final approval, which may extend beyond the expiration date for the bids. The bids are still to be included in the application, but with notations if less than three (3) bids are included.
Citizens’ Benefit Fund Policy Manual 9 Amendments October August 20234 Bid Requirements Summary: Individual items and projects costing $500 - $3,999 require three (3) documented telephone, online or written cost estimates. Individual items and projects $4,000 or greater require three (3) written cost estimates. Individual items or projects less than $500 do not require an estimate.
Capital expenditure – An expenditure that results in the acquisition of fixed assets or additions to fixed assets that have benefits for more than one (1) year. Examples include: the acquisition of land; existing buildings; land improvements; construction of buildings; additions and remodeling of buildings; initial, additional, and replacement of equipment, furniture and fixtures, machinery, vehicles, and media materials.
Funding for Religious or Sectarian Activities Prohibited Adopted January 1999 In January 1999, the Commission added a question to the application form asking if funding would be used to support any religious or sectarian activities. The City is allowed to fund religious organizations, but the activity, project or program cannot include the promotion a particular religious belief. The City is prohibited from funding religious activities based on laws governing the separation of church and state.
____________________________________________________________________________ Grant Recipients Located in Roseville Adopted September 1997 The Commission and Council specified that grant recipients are to be located in Roseville rather than previous wording stating that grant recipients are to be “local.” In practice, this has been interpreted by the Commission to mean that grant recipients that provide service in Roseville, but may have headquarters or offices in other locations, are eligible for funding.
Ownership or Long-Term Lease for Properties Adopted November 1999 Improved by Grant Funds Revised February 2016
Concerns were raised during the 1999-2000 grant funding cycle regarding the investment in properties by grant applicants who do not own the property. The public funds are therefore making the property of a private citizen more valuable. Grant applicants are required to submit ownership documents and/or copies of lease agreements that reveal how long the property will be leased by the applicant. With long-term leases, the value of any capital improvements will depreciate over time and benefit the grant recipients directly. The Commission recommended and the Council adopted a policy to review the applicants with long-term leases on a case-bycase basis. Staff is to look at the amount of grant funding requested and the use of the funds in particular.
Compliance with California Prevailing Wage Law – SB 975 Adopted November 2002 Revised December 2004
Revised February 2016
The California Labor Code as amended by SB 975 in 2000 affects applicants to the Citizens’ Benefit Fund in two ways: the requirement to pay prevailing wages for public or private works of improvement that receive public funds and the use of volunteer labor.
Citizens’ Benefit Fund Policy Manual 10 Amendments October August 20234 By Interoffice Memorandum from the City Attorney’s Office to the City Manager’s Office dated September 20, 2002, the attorney clearly states applicants must comply with the SB 975. The memo details the policy for the State Prevailing Wage Laws and the Applicability to Volunteer Labor. The memorandum is attached as Appendix G to the Policy Manual.
By Interoffice Memorandum from the City Attorney’s office to the City Manager’s office dated August 31, 2004, the requirement that prevailing wages be paid to volunteers on public works projects was repealed by urgency legislation signed by the Governor.
Under the new law, AB 2690, the requirement to pay prevailing wages does not apply to volunteers, volunteer coordinators, or members of the California Conservation Corps or Community Conservation Corps. Although a volunteer cannot be paid, the volunteer may receive reasonable meals, lodging, transportation, and incidental expenses or nominal nonmonetary awards without losing volunteer status if those benefits and payments are not a substitute form of compensation for work performed. The Memorandum is attached as Appendix H to the Policy Manual.
State Prevailing Wage Laws. Any grant applicant receiving $1,000 or greater in public monies, in this case, Citizens’ Benefit Fund, must pay prevailing wages to all workers employed on public works. Public works actually includes any public or private work of improvement, and is defined as “construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds.” (Labor Code Section 1720 (a)(1)).
Exceptions to the law include public utility improvements, carpet installation, transportation projects, and certain residential and low-income housing projects. (Labor Code Section 1720(a)).
An applicant or their advisor may request the Director of Industrial Relations to provide an opinion as to the applicability of SB 975 to their project. Previous opinions and current prevailing wages can be found at the state agency’s web-site: www.dir.ca.gov.
Tax Status Adopted December 2003
June 2017
The Grants Advisory Commission is recommending that only agencies with the following tax status be eligible for funding.
▪ 501(C) 3
▪ 501(C) 4
▪ Private schools
Applications from agencies that are not within one of these categories will be ineligible. For example, 501 (C) (6) are not eligible because 1) by definition they exist primarily to serve their members rather than the community at large and 2) they can lobby and take political positions on issues, thus creating potential for conflict of interest.
Citizens’ Benefit Fund Policy Manual 11 Amendments October August 20234 Process-Related Policies
Annual Review Adopted October 2013
Revised February 2016
Revised June 2017
The Grants Staff Liaison will annually review the Grant Application and Guidelines, and make revisions to improve efficiencies. The Grant Application and Guidelines shall reflect, but is not limited to: 1) current funds available; and 2) Council priorities, if identified. ____________________________________________________________________________ Recipient Reporting Adopted November 1999
Revised November 2005, 2008
Revised February 2016
Beginning with the 2009-10 funding cycle, applicants who fail to submit a Final Report for a grant received from the preceding funding year are not eligible to apply during the subsequent funding year, or any future funding cycle until at least one year after the Final Report has been submitted.
Beginning with the 2006-2007 funding cycle, each recipient is required to submit a report describing the expenditures and accomplishments achieved with the grant funds. The report is due within 30 days of the end of the grant period. In addition, the Commission at its discretion may also require a grant recipient to submit a “mid-year” report due six months from the grantee’s initial receipt of funds.
Appeal of Grant Advisory Commission Decision Adopted September 1997 Revised June 2017
There is no appeal of Grant eligibility made by the Grants Staff Liaison or allocation recommendation made by the Commission. Final allocation decisions are made by the City Council.
Funds Expended within One Year Adopted August 1997
Based upon several requests from agencies that funds be carried over to another fiscal year, or be used for additional purposes, the Commission voted to revise all forms stating that funds must be expended during the fiscal year for which the grant was included in the City budget.
The Citizens’ Benefit Fund contract was also amended to state that all funds must be spent with one year.
Line Item Review Adopted November 1999
The City Council reaffirmed a standing practice that individual grant applications may be reviewed by the City Council following the recommendations being forwarded by the Grants Advisory Commission. The City Council reviews the recommendations as part of the annual Citizens’ Benefit Fund Policy Manual 12 Amendments October August 20234 budget adoption in June of each year. Councilmembers may “pull” individual grant applications for discussion, questions, and separate action.
____________________________________________________________________________ Applicant Workshop Adopted September 1997
Revised November 2004
Revised February 2016
The Grants Advisory Commission strongly encourages that a representative from each applying agency attend the applicant workshop, held on the 2nd Tuesday of January.
Process to Amend or Extend Timeframe of Adopted December 1998 Approved Grants
In September 1998, the Commission determined that a formal process should be established to clearly define the requirements in the event a change to an approved grant was requested by a grant recipient. Through the work of Policy Subcommittee members, Sylvia Besana, Carol Garcia, and Susan Rohan, guidelines and a standard form were drafted for use by future applicants. Appendix F includes the Guidelines and Form approved by the City Council on December 16, 1998. As stated in the Guidelines, the City does not encourage amendments to approved grants. Circumstances may warrant flexibility by the Grants Commission and the City Council; however, only if the criteria established by the Policy Subcommittee are met and the amendment process is followed.
Site Visits Adopted December 2003
Revised February 2016
Revised October 2023
The Commission reached consensus to NOT conduct site visits during the application period - beginning when applications become available to applicants until City Council takes action on funding recommendations (approximately, December through June— and to limit visits to other times during the year.
If individual Grants Commissioners visit applicants during the process of reviewing grants, they may receive information in addition to that contained in the written application that is not received by the other Commissioners (in addition to general Brown Act considerations). The City’s criteria specifically states the grant will be awarded based upon the written materials provided to the Commission for its consideration.
For clarity, “site visits” includes visiting the physical location(s) or site(s) of an applicant or anticipated applicant (collectively, “applicant”) of grant funding, as well as attending, participating, or visiting, a location where an applicant(s) is hosting, co-hosting, sponsoring, or otherwise engaged in carrying out an event, program, open house, or activity.
Citizens’ Benefit Fund Policy Manual 13 Amendments October August 20234 Application Review and Process Adopted December 2003
Modified October 2013
Revised February 2016
Revised June 2017
The Grants Commission Staff Liaison shall review and either approve or disqualify each grant application. Staff will make their decisions based upon the materials submitted by the agency and/or organization. Grant applications submitted without required and/or complete documents will be disqualified. Grant applicants do not have the right to appeal disqualifications.
The Grants Advisory Commission will meet in the Council Chambers on the second Tuesday of April to review and recommend final funding for each grant application.
Citizens’ Benefit Fund Policy Manual 14 Amendments October August 20234 Funding Policies
City Projects Adopted September 1997
Reaffirmed October 1999
Revised February 2016
Due to the limited amount of funding in the community and the high level of local need for qualifying projects, City projects and programs will no longer qualify for funding.
Categories and Target Maximum Amount Adopted September 1997 Revised December 2003
Revised February 2016
Revised June 2017
Revised November 2020
In keeping with the original intent of the sale of the Roseville hospital to “Improve the Quality of Life for the Citizens of Roseville”, Service Categories have been aligned with Social Determinants of Health as interpreted in the Kone Consulting community workshops with the goal of making Roseville a healthier community. The City Council approved updated funding Service Categories as follows:
• Neighborhood and Physical Environment – Improved access to safe and affordable housing for all
• Food – Increased access to healthier food options for lower income communities • Health and Wellness – Improved physical, mental, and behavioral health and wellness • Community and Social Context – Improved access to arts and cultural resources for all and a kinder, more inclusive and connected community • Education – More vocational training and educational opportunities for all ages For a more detailed definition of previously approved CBF Categories, please refer to the 2013 Historical Assessment of the Roseville Grant Program (Appendix I). At its discretion, the Grants Advisory Commission, with action by the City Council, may wish to prioritize the above-stated categories for CBF funding for a given application year.
Funding Priorities Adopted November 2020
The target goal is to divide the grants awards among the three areas described below. The Commission will work to fund grant requests to the extent it is reasonable based on funds available, the applications received and the consensus on merit of the proposals in a given year.
The City Council approved the addition of the following funding priorities:
Citizens’ Benefit Fund Policy Manual 15 Amendments October August 20234
1. Strategic, one-time grants for innovative projects or programs, capital improvements or new initiatives. Examples of these “special” grants may be:
o • New Initiatives – Applicant identifies a need, service, or opportunity in the community that could offer an enhanced and improved quality of life or experience in Roseville.
o • Innovative Ideas – Based on models from other areas or agencies and attempting to take a new approach in providing opportunity to enhance or improve quality of life or experience in Roseville.
o • One-time requests – If applicants need special consideration on a single request basis.
2. Operational/Mission support grants for programs or projects that demonstrate effectiveness addressing a community need. Grant recipient can reapply in future years for this priority area.
3. Smaller requests of up to $10,000 which can go towards either new programs/projects or support existing operations which have demonstrated effectiveness at meeting community needs.
____________________________________________________________________________ Matching Funds Not Required Adopted November 1999
The City Council approved the Grants Advisory Commission recommendation that matching funds not be required of grant applicants. Mandating that matching funds be required would limit the application numbers and the flexibility of the Commission and Council to award grants to worthy applicants. Matching funds will be a component of the evaluation by Commissioners and Council in determining which applicants have demonstrated their commitment to a project, but will not be mandatory.
Multiple Applications from One Agency Affirmed December 2003 Revised November 2004
Revised June 2017
The Commission agreed that the practice of allowing multiple grant applications from a single agency should not be continued. The City Council has directed the Commission to issue fewer larger grants.
Multiple Year Grants Adopted September 1997
Reaffirmed November 2020
The Grants Advisory Commission and City Council discussed, but voted against allowing grant applicants to apply for funding beyond one fiscal year. Funding is only available for the fiscal year in which the grant is approved.
The Commission and Council affirmed this policy after discussion in 2020.
Citizens’ Benefit Fund Policy Manual 16 Amendments October August 20234 Perpetual Funding Adopted November 1999
Reaffirmed December 2003
The City Council approved the Grants Advisory Commission recommendation that no limit be set on the number of years a grant applicant may receive funding. Grant applicants will be judged on their individual merit each year.
The Commission and Council affirmed this policy after discussion in 2003. There are several agencies that receive repetitive funding from the Citizens’ Benefit Fund. In fact, five organizations have received funding in all of the past ten funding cycles, and six organizations have received funding in eight of the last ten funding cycles. The Commission agreed that because the agencies provide worthy services to the community and Commissioners do an independent evaluation each year, there should not be a limit on repetitive funding.
Fund Investing & Funding Source Adopted November 2005
Revised February 2016
Grant Funds shall be invested in accordance with the Government Code §53601, as determined by the City’s Chief Financial Officer or his designee.
Grant Fund proceeds in excess of $500,000 shall be retained for smoothing during lean years and/or special project or community benefits, as approved by the City Council.
The Grants Advisory Commission may award grants from multiple funding sources. In the event that an applicant meets funding criteria for more than one funding source, the Commission has the discretion to make awards from any or all funds for which any individual applicant is eligible.
Grant Requests from Schools Adopted November 2008
Revised June 2017
Revised August 2024
Private School and non-profit Parent-Teacher Clubs, Booster Clubs and non-profit school-based programs are eligible to apply and are limited to one grant request per site.
Funds will not be awarded directly for private schools (a private school is any school not under the exclusive control of the officers of the public schools; public charter schools are generally not private schools), unless it is clear that any benefit to a private school is, at most, merely an “incidental” or “indirect” effect, and the direct benefit is improving the quality of life for the citizens of Roseville. For example, a private school passing through funds to provide food security to its students who are citizens of Roseville has no direct benefit to the private school itself, providing direct benefit, though, to our citizens.
Citizens’ Benefit Fund Policy Manual 17 Amendments October August 20234 Appendices (to be replaced/updated annually by City staff as needed) Related Ordinances - Appendix A
Funding Guidelines for Current Year - Appendix B
Grant Application for Current Year - Appendix C
Request for Funds & Report of Expenditures - Appendix D Sample Grant Agreement - Appendix E
Request for Amendment to CBF Grant - Appendix F
Memorandum re: SB975 and Citizens’ Benefit Fund - Appendix G Memorandum re: AB 2690 and Citizens’ Benefit Fund - Appendix H 2013 Historical Assessment of the Roseville Grant Program – Appendix I Implementation Strategy 2019/20 Kone’ Consulting’s CNA - Appendix J
COUNCIL COMMUNICATION
CC #: 3483
File #: 0102
Title: Council Discretionary Funds - Latino Leadership Council Contact: Heather Blanco 916-746-1171 [email protected] Meeting Date: 8/21/2024
Item #: 9.2.
RECOMMENDATION TO COUNCIL
Recommend that the City Council consider a sponsorship of $1,500 from Council Discretionary Funds for the Latino Leadership Council for their 10th annual forum on the Latino Community on September 11, 2024, would be greatly appreciated. This year's theme is "Celebrating 10 Years of Bringing our Communities Together: Latinos Thrive when Partnerships Work". There is no fiscal impact to the City’s General Fund.
BACKGROUND
The Citizens’ Benefit Fund was established in 1993 with the net proceeds from the sale of the Roseville Hospital. The City Council may, after receiving the recommendation of the Roseville Grants Advisory Commission, annually appropriate up to 90 percent of the annual earnings of the Citizens’ Benefit Fund for the purpose of improving the quality of life for the citizens of the City of Roseville. The City Council, without the recommendation of the Roseville Grants Advisory Commission, may annually appropriate a minor amount up to $15,000 of the annual earnings for the purpose of improving the quality of life in Roseville.
The Latino Leadership Council (LLC) is the only Latino-focused nonprofit 501(c)(3) in the South Placer region that has been serving the underserved Latino communities, connecting them to health, education and youth development services and supporting agencies and organizations to build their capacity to serve this population.
The LLC has been an active partner with Roseville staff in community engagement in core neighborhoods and beyond and specifically with the Roseville Police Department. For the past seven years, LLC has been housed in a Roseville office complex to serve as its staff-only office.
From there, LLC conducts home visits during the day, evenings and weekends to mitigate transportation and childcare barriers and serves all ages of Roseville residents from 0 -100.
Roseville staff from Police, Economic Development, City Clerk, and Public Affairs and Communications are planning to attend the Forum, which is free to attend and will be held at the Rocklin Event Center. This sponsorship is to help underwrite event costs.
LLC supporters include County of Placer Health and Human Services, Placer County Office of Education, Placer Community Foundation, First 5 Placer, Kaiser Permanente, and Sutter Health.
FISCAL IMPACT
There is no fiscal impact to the City’s General Fund. Annually, the Assistant City Manager/Chief Financial Officer allocates $15,000 of the annual earnings on the Citizens’ Benefit Fund per section 4.06.040 in the Municipal Code and includes it in the annual budget along with the Citizens’ Benefit Fund resources available for appropriation each year. These earnings are restricted for the purpose of improving the quality of life for Roseville residents and appropriated by the City Council. The balance remaining in the Council’s Discretionary Funds for FY2024-25 after rolling over unspent funds from last fiscal year is $18,321.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. The award of funds meets the above criteria and is not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal B - Support community engagement and advocacy
Respectfully Submitted,
Heather Blanco, Executive Assistant
Carmen Avalos, City Clerk
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Latino Leadership Council
COUNCIL COMMUNICATION
CC #: 3498
File #: 0102
Title: Council Discretionary Funds - The Gathering Inn
Contact: Heather Blanco 916-746-1171 [email protected] Meeting Date: 8/21/2024
Item #: 9.3.
RECOMMENDATION TO COUNCIL
Recommend City Council consider a request for sponsorship from Council Discretionary Funds for The Gathering Inn’s annual Gathering for Hope 2024 event. This year’s theme is a Roaring 20’s Gala in honor of the Gathering Inn’s 20 Year Anniversary. The event is taking place at the Rocklin Event Center on November 15, 2024.
BACKGROUND
The Gathering Inn, a 501 (c) (3) Non-Profit Organization is requesting sponsorship but did not specify an amount. For reference the City Council approved a $3,000 sponsorship in 2023 for this same event. The Gathering Inn organization is partnering with Robert Craig Films for the annual Gathering for Hope 2024 event. Robert Craig Films’ dedicated efforts to confront the pressing challenge of homelessness through their “Big 5” initiative. This project is anchored by the compelling film “No Address,” slated for a Summer 2024 release, which thoughtfully explores the complexities of homelessness, weaving narratives of adversity and resilience.
The Gathering Inn applied for funding from the Grants Advisory Commission during the Funding Cycle 2024-25 for their Mental Wellness Program but was not awarded any funds this cycle.
The Citizens’ Benefit Fund was established in 1993 with the net proceeds from the sale of the Roseville Hospital. The City Council may, after receiving the recommendation of the Roseville Grants Advisory Commission, annually appropriate up to 90 percent of the annual earnings of the Citizens’ Benefit Fund for the purpose of improving the quality of life for the citizens of the City of Roseville. The City Council, without the recommendation of the Roseville Grants Advisory Commission, may annually appropriate a minor amount up to $15,000 of the annual earnings for the purpose of improving the quality of life in Roseville.
FISCAL IMPACT
There is no fiscal impact to the City’s General Fund. Annually, the Assistant City Manager/Chief Financial Officer allocates $15,000 of the annual earnings on the Citizens’ Benefit Fund per section 4.06.040 in the Municipal Code and includes it in the annual budget along with the Citizens’ Benefit Fund resources available for appropriation each year. These earnings are restricted for the purpose of improving the quality of life for Roseville residents and appropriated by the City Council. The balance remaining in the Council’s Discretionary Funds for FY2024-25 is $18,321.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. The award of funds meets the above criteria and is not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal B - Support community engagement and advocacy
Respectfully Submitted,
Heather Blanco, Executive Assistant
Carmen Avalos, City Clerk
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
The Gathering Inn
COUNCIL COMMUNICATION
CC #: 3509
File #: 0502-01
Title:
General Municipal Election November 5, 2024 - Consideration and Direction on Elections and/or Appointments for Vacancies in Districts 1 and 3 Contact: Carmen Avalos 916-774-5269 [email protected] Meeting Date: 8/21/2024
Item #: 9.4.
RECOMMENDATION TO COUNCIL
Receive the City Clerk’s Certification of Facts that there are not more candidates than offices to be filled and choose one of the following options:
1. Adopt a resolution providing for the appointment to the office of Members of the City Council for District 1 and District 3, that were to be elected on Tuesday, November 5, 2024, and authorize canceling the election for Districts 1 and 3; or
2. Provide other direction, as determined appropriate, pursuant to California Elections Code Section 10229.
BACKGROUND
The City Council adopted Resolution No. 24-234 on June 19, 2024, Declaring, Calling, and Ordering a General Municipal Election to be held on Tuesday, November 5, 2024, to fill three (3) Council vacancies for Members of the City Council for Districts 1, 3 and 5 for four-year terms.
The nomination period began on Monday, July 15, 2024, and ended on Friday, August 9, 2024.
At the close of the nomination period on August 9, 2024, only one person was nominated for each of District 1 and District 3. Tracy Mendonsa was nominated to serve a four-year term for District 1 and Bruce Houdesheldt was nominated to serve a four-year term for District 3. The City Clerk is required to submit a certificate of these facts to the City Council and inform the Council of available options as well as posting a notice of the facts and courses of action available.
Pursuant to California Elections Code Section 10229, the City Council may take one of the following courses of action:
1. Appoint to the office(s) the person(s) who have been nominated.
2. Appoint to the offices(s) any eligible voter if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
The City Council may appoint the two nominated candidates and cancel the General Municipal Election for Districts 1 and 3, thereby saving the City of Roseville from the costs of conducting those elections. The election for office for Member of the City Council in District 5, receiving more than one nominated candidate, shall continue to be conducted as previously declared, called for, and ordered.
If by August 22, 2024, the 75
th day before the municipal election, the City Council fails to act and no person has been appointed to each of the offices in District 1 and District 3, respectively, then the election shall be held for all offices.
The required posting was satisfied and completed after the close of nomination on August 9, 2024, at 5:05 pm. The publication in the Sacramento Bee, a paper of general circulation was satisfied on August 15, 2024, as required by Government Code Section 6061.
FISCAL IMPACT
The FY2024-25 budget included an allocation of $190,000 for the 2024 Roseville Municipal Election. By canceling the November 5, 2024 election of Districts 1 and 3 with an appointment of the two nominated candidates, there would be a cost savings of approximately $50,000 dollars to the City’s General Fund.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. The adoption of a resolution and other activities described herein relating to municipal elections meets the above criteria and is not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal B - Support community engagement and advocacy
Respectfully Submitted,
Carmen Avalos, City Clerk
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 24-305
Certification of Facts
RESOLUTION 24-305
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEVILLE, COUNTY OF PLACER, STATE
OF CALIFORNIA, PROVIDING FOR APPOINTMENT TO THE OFFICES OF MEMBERS OF THE CITY COUNCIL, DISTRICT 1 AND DISTRICT 3, THAT WERE TO BE ELECTED ON TUESDAY, NOVEMBER 5, 2024, AND CANCELING THE ELECTION FOR DISTRICTS 1 AND 3 WHEREAS, the City of Roseville has scheduled a General Municipal Election on November 5, 2024, to elect three (3) Members of the Roseville City Council for one (1) seat in each of three (3) districts, and a Notice of Election was published on June 28, 2024, in the Sacramento Bee and on July 12, 2024, in the Roseville Press Tribune, with notices also posted at all designated locations; and
WHEREAS, pursuant to California Elections Code Section 10229, a Certification of Facts was submitted to the City Council, informing that as of the close of the nomination period on August 9 th, 2024, there were not more candidates than offices to be elected as only one (1) person was nominated to each of District 1 and District 3 and a Notice was posted at all designated locations, the City website and published on August 15, 2024, in the Sacramento Bee, a newspaper of general circulation, pursuant to law; and
WHEREAS, California Elections Code Section 10229 allows for one of the following courses of action to be taken by the City Council:
1. Appoint to the office the person who has been nominated.
2. Appoint to the office any eligible voter if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEVILLE, CALIFORNIA, HEREBY RESOLVES, DETERMINES AND ORDERS AS FOLLOWS:
SECTION 1. That pursuant to California Elections Code Section 10229, the following action is being taken:
The following persons being the only candidates for the offices for which they were nominated, are being appointed to those offices and shall qualify and take office and serve exactly as if elected at a municipal election for the office:
NAME OFFICE TERM
Tracy Mendonsa Member of the City Council – District 1 4 years Bruce Houdesheldt Member of the City Council – District 3 4 years SECTION 2. The City Clerk/Elections Official or designee shall not accept for filing any statement of write-in candidacy which is submitted after the appointments are made.
SECTION 3. That if an appointment to the office is made in a particular legislative district pursuant to California Elections Code Section 10229, that appointment shall not affect the conduct of the municipal election in other legislative districts of the City of Roseville.
SECTION 4. The Municipal Election scheduled to be held on Tuesday, November 5, 2024, for Districts 1 and 3 to elect a Member of the City Council in each of those districts is therefore canceled and removed from the ballot.
SECTION 5. The Municipal Election scheduled to be held on Tuesday, November 5, 2024, to elect a Member of the City Council for District 5 shall be conducted.
SECTION 6. This resolution will become effective immediately upon adoption.
SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and forward a certified copy to the Placer County Clerk/Elections Office. The City Clerk of the City of Roseville is hereby authorized, in the discretion of the City Clerk, to do all other things determined to be necessary to carry out the purposes of this Resolution and to facilitate the election(s) and appointment(s) as described herein. The City Clerk is hereby empowered and authorized to execute, submit, file, sign, communicate, and otherwise do whatever else is necessary to effectuate the intent hereof; and the City Clerk is further directed to take all other administrative actions necessary to accomplish the orders set forth in this Resolution.
PASSED AND ADOPTED by the Council of the City of Roseville this 21st day of August 2024.
Krista Bernasconi, Vice Mayor
ATTEST:
Carmen Avalos, City Clerk
COUNCIL COMMUNICATION
CC #: 3507
File #: 0800-02
Title: Roseville Municipal Code - Regional Sewer Connection Fee Adjustments Contact: Shane Whittington 916-774-5557 [email protected] Meeting Date: 8/21/2024
Item #: 10.1.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council:
1. Conduct the scheduled public hearing to receive public comment and respond to questions regarding the proposed regional sewer connection fee adjustments; and
2. Introduce for first reading an ordinance amending the Roseville Municipal Code section pertaining to the regional sewer connection fee (§14.16.080). The proposed changes are to update the regional sewer connection fee from $9,852 (after inflation adjustments pursuant to §14.16.080C) per sewer unit to $9,802 per sewer unit for new connections to the wastewater system.
BACKGROUND
Regional sewer connection fees are impact fees assessed to new developments to cover the costs associated with the additional wastewater treatment capacity necessary to support those new developments. These fees are administered by sewer units (or equivalent dwelling units) as specified in Roseville Municipal Code §14.16.100-§14.16.100.4. While South Placer Wastewater Authority (SPWA) is responsible for reevaluating and recommending the minimum Regional Connection Fee not less than once every five years, it is the responsibility of the City of Roseville to enact and enforce the minimum Regional Connection Fee.
Roseville Municipal Code §14.16.080B was last updated in May 2019 as part of Ordinance No. 6100. In April 2022, the City of Roseville contracted with IB Consulting LLC on behalf of the SPWA to conduct the Regional Wastewater Capacity Fee Study. On January 25, 2024, staff presented the initial findings to the SPWA Board (Attachment 2). Staff intended to present proposed fee adjustments on April 22, 2024, but the corresponding Board Meeting was cancelled. On June 27, 2024, the SPWA Board approved the regional sewer connection fee calculated by IB Consulting LLC (Attachment 3).
Approval of the recommended amendments to §14.16.080 accomplishes primarily three things.
First, it fulfills the legal requirement to update the study at least every eight years (California Government Code §66016.5). Second, it aligns with the City’s General Plan and the appropriate level of funding necessary to support current and future wastewater treatment capacity demands.
And lastly, it fulfills the City’s obligation to enact and enforce the minimum Regional Connection Fee.
FISCAL IMPACT
The reduction of the Regional Sewer Connection fee will align with the projected new residential and nonresidential development in the City. Sufficient funds will be available to support capital improvement projects needed to serve new development. There is no impact to the City's utility enterprise funds or utility rates as a result of this action.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) only applies to projects which have the potential to cause a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. (CEQA Guidelines §15061(b)(3)).
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A - Remain fiscally responsible in a changing world Goal F - Invest in well-planned infrastructure and growth Respectfully Submitted,
Shane Whittington, Environmental Utilities Business Services Manager Richard Plecker, Environmental Utilities Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Attachment 1 - redlined ordinance
Attachment 2 - South Placer Wastewater Authority Regional Wastewater Capacity Fee Study - April 24, 2024 Attachment 3 - South Placer Wastewater Authority Resolution No. 2024-15- Final and Signed ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE AMENDING SECTION
14.16.080 OF CHAPTER 14.16 OF TITLE 14 OF THE ROSEVILLE MUNICIPAL CODE
REGARDING REGIONAL SEWER CONNECTION FEE
THE CITY OF ROSEVILLE ORDAINS:
SECTION 1. The section of the Roseville Municipal Code listed above is hereby amended to read as shown on Attachment “A”.
SECTION 2. This ordinance shall be effective at the expiration of sixty (60) days from the date of adoption.
SECTION 3. The City Clerk is hereby directed to cause this ordinance to be published in full at least once within fourteen (14) days after it is adopted in a newspaper of general circulation in the City, or shall within fourteen (14) days after its adoption cause this ordinance to be posted in full in at least three (3) public places in the City and enter in the Ordinance Book a certificate stating the time and place of said publication by posting.
PASSED AND ADOPTED by the Council of the City of Roseville this day of , 20 , by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
ATTACHMENT "A"
§ 14.16.080. Regional sewer connection fee.
A. A regional sewer connection fee shall be charged in accordance with Section 14.16.010 for each sewer unit connected to the city-owned public sewer.
B. The regional sewer connection fee shall be $9,802.007,854.00.
C. The fee established by this chapter shall be adjusted annually on July 1st by a percentage equal to the adjustment rate for the prior year for construction costs as determined by the director in the preceding June. The director's determination shall be based upon averaging the Construction Cost Index (CCI) for 20 cities and for San Francisco, as published in the Engineering News Record publication for the preceding 12 months ending in May. The resultant fee shall be rounded to the nearest dollar figure.
IB Consulting, LLC
31938 Temecula Parkway, Suite A #350
Temecula, CA. 92592
April 24, 2024
South Placer Wastewater Authority
Regional Wastewater Capacity Fee Study
South Placer Wastewater Authority – Regional Wastewater Capacity Fee Study
Page | 2
TABLE OF CONTENTS
Executive Summary .............................................................................................................. 3 Overview ............................................................................................................................... 4 Capacity Fee Methodology ................................................................................................... 5 Capacity Fee Analysis .......................................................................................................... 7 Updated Capacity Fee ........................................................................................................ 12 Appendix A ......................................................................................................................... 13 Appendix B ......................................................................................................................... 16 TABLES
Table 1 – Debt Service Paid-to-Date of Existing Debt Obligations ..................................................... 7 Table 2 – Outstanding Principal of Debt Obligations .......................................................................... 8 Table 3 – NPV of Outstanding Interest of Debt Obligations ................................................................ 8 Table 4 – Reserves and Debt Proceeds Adjustments ........................................................................ 9 Table 5 – Capacity of Pleasant Grove WTP and Expansions ........................................................... 10 Table 6 – Buy-In Component ($ per EDU) ....................................................................................... 10 Table 7 – Incremental Costs ............................................................................................................ 11 Table 8 – Incremental Cost Component ($ per EDU) ....................................................................... 11 Table 9 – Proposed Regional Wastewater Capacity Fee ................................................................. 12 Table 10 – Cashflow Pro forma – 100% of Projected EDUs ............................................................. 13 Table 11 – Cashflow Pro forma – 90% of Projected EDUs ............................................................... 16
FIGURES
Figure 1 – Capacity Fee Analysis ..................................................................................................... 5 Figure 2 – Buy-In Method ................................................................................................................. 6 Figure 3 – Formula for Incremental-Cost Method .............................................................................. 6 South Placer Wastewater Authority – Regional Wastewater Capacity Fee Study
Page | 3
Executive Summary
The South Placer Wastewater Authority (SPWA) engaged IB Consulting to complete a capacity fee nexus study for its regional wastewater treatment plants and expansions located in the City of Roseville. SPWA was formed in October 2000 as a Joint Powers Authority between the City of Roseville (Roseville), Placer County (County), and South Placer Municipal Utility District (SPMUD). The regional system includes two wastewater treatment plants known as Pleasant Grove Wastewater Treatment Plant (Pleasant Grove WTP) and Dry Creek Wastewater Treatment Plant (Dry Creek WTP).
SPWA completed a Master Regional Wastewater Systems Evaluation Report in 2020 (2020 System Evaluation) that identified the current capacity of each treatment plant and expansions required to accommodate future demand through Fiscal Year 2059-2060 (FY 2060) (Planning Period). Both treatment plants require expansions, identified as Pleasant Grove WTP – Phase 1 and Phase 2, and Dry Creek WTP – Phase 1 and Phase 2. Pleasant Grove WTP – Phase 1 is under construction and will be completed in 2024, and Dry Creek WTP – Phase 1 is expected to be completed in 2025. The Phase 2 expansions are expected to be completed in FY 2042 for the Pleasant Grove WTP and FY 2046 for the Dry Creek WTP.
SPWA was initially formed to build the Pleasant Grove WTP, which was necessary to accommodate future growth. Treatment plants are built in advance of growth, therefore, the Pleasant Grove WTP was debtfinanced through the issuance of bonds and secured by capacity fees. Capacity fee revenue is dependent on the level of development occurring and can vary substantially each year. Therefore, the SPWA established a Rate Stabilization Reserve (RSR) equal to $50M through contributions from each member agency. The RSR provides security for the bonds and covers any shortage related to the annual debt service payments caused by development volatility. Each member agency’s contribution to the RSR was proportionate to its share of future growth over the planning period. In addition, future debt is anticipated to fund Dry Creek WTP – Phase
2. This Report captures previously funded facilities financed through debt, the future expansions to each treatment plant, costs related to any debt financing, and revenues from other sources, such as grants and remaining debt proceeds.
The existing regional wastewater capacity fee is $9,852 for a single-family residential connection, defined as one Equivalent Dwelling Unit (1 EDU)1. Based on our analysis, the updated regional wastewater capacity fee is $9,802 per EDU ($50 reduction). The updated fee recovers each new EDU’s proportionate share of facility costs. This Capacity Fee Study Report (Report) describes the approach, methodology, and technical analysis used to derive the updated capacity fee per EDU in compliance with California State Government Code, Section 66013 (GC 66013). GC 66013 allows an agency to charge the estimated reasonable cost to serve a new connection for which the charge is imposed. IB Consulting recommends adjusting the capacity fee yearly to keep pace with inflation by applying the Engineering News-Record Construction Cost Index (ENR). SPWA should also review its capacity charges every three to five years to capture any significant changes and ensure capacity fees remain equitable.
1 1 EDU = 190 gallons of flow per day
South Placer Wastewater Authority – Regional Wastewater Capacity Fee Study
Page | 4
Overview
Background
SPWA was formed in October 2000 as a joint power authority between Roseville, Placer County, and SPMUD for the purpose of funding regional treatment plant facilities needed to accommodate future growth within the SPWA service area. The City, on behalf of the regional partners, owns and operates two regional wastewater treatment facilities, of which, Pleasant Grove WTP was built and financed through SPWA. Additionally, Roseville owns and operates the network of gravity sewers, pump stations, and force mains that serve customers within the City’s limits, including the joint (regional) facilities that convey flow from SPWA member agencies. SPMUD owns and operates gravity sewers, pump stations, and force mains in Rocklin, Loomis, and portions of southern Placer County. Placer County owns and operates gravity sewers, pump stations, and force mains in unincorporated areas of Placer County that other agencies do not serve. SPWA completed the 2020 System Evaluation to determine updated wastewater collection and treatment capacity needs. Based on the 2020 System Evaluation, multiple expansions are required over the Planning Period for both regional treatment plants.
The Phase 1 expansions for Pleasant Grove WTP and Dry Creek WTP are underway and expected to be completed in 2024 and 2025, respectively. Each of these expansions will add three million gallons per day (3 mgd) of capacity. The Phase 2 expansions for Pleasant Grove WTP and Dry Creek WTP are expected to be required in 2040 and 2044, respectively. Pleasant Grove WTP – Phase 2 is expected to add 5.6M gpd, and Dry Creek WTP – Phase 2 is expected to add 3.5M gpd of capacity. Dry Creek WTP – Phase 2 is anticipated to be debt-financed, which is incorporated into this analysis.
Capacity Fee
A "Capacity Fee" is defined as a charge for public facilities in existence when a charge is imposed or for new facilities to be constructed in the future that benefit the person or property being charged. Capacity fees ensure new development or existing users requiring increased system capacity pay their fair share of the costs associated with the wastewater facilities.
Based on the requirements of GC 66013, capacity fees must be based on the "reasonable cost" to accommodate additional demand from new development or the expansion of existing connections. In addition, Proposition 26 amended the State Constitution in 2010, which redefined a "tax" as any levy, charge, or exaction of any kind imposed by a local government. However, there were seven exemptions within Proposition 26, including cost-based charges imposed as a requirement for service (i.e., capacity fees) so long as a reasonable relationship exists between the fees and cost of facilities. Therefore, the nexus study summarized in this Report connects the costs of facilities, the capacity of the Pleasant Grove WTP treatment plant, the increased capacity gained from the expansions, and the updated proposed fee in compliance with the Proposition 26 exemption.
South Placer Wastewater Authority – Regional Wastewater Capacity Fee Study
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Capacity Fee Methodology
There are four primary steps in calculating capacity fees: (1) determine the cost of facilities and assets recoverable through capacity fees, (2) incorporate any credits or adjustments to apply towards the total infrastructure costs such as grants, existing debt obligations, unspent debt proceeds, and available funding through previously collected capacity fees, (3) identify demand or capacity related to the facilities and define the baseline requirements for a connection or equivalent dwelling unit based on planning documents, and (4) apportion the net infrastructure costs in connection to the capacity available to accommodate growth on an EDU basis, reflecting the demand placed on the system.
Figure 1 – Capacity Fee Analysis
In addition to the four steps above, there are two primary approaches for calculating capacity fees: the "BuyIn Method" and "Incremental-Cost Method." Selecting the best method depends on the unique circumstances of the utility, existing facilities funded in advance of development, current and future capacity planned to be built in the system, available funding, whether future facilities will be debt-financed, expected EDUs, and access to up-to-date planning documents/Master Plans. Careful consideration may be required to allocate costs between existing and new customers and ensure no duplication of costs.
Buy-In Method
The basis of the Buy-In Method is to pay for existing facilities funded in advance of growth. This approach ensures new development and expanded connections buy into the utility system’s existing facilities. For this study, only the debt associated with the Pleasant Grove WTP, which was funded through SPWA, is included.
New development and in-fill connections will pay an amount equal to their fair share of the existing debt.
Once the Buy-In cost is determined, dividing the total cost by the total demand derives the buy-in amount per EDU. Demand is commonly used for system design and planning. It is a primary driver for the system's current configuration and how it expands in the future. For a wastewater treatment plant, the capacity of the existing treatment plant is commonly represented in mgd of influent. With the total Buy-In cost and capacity both known, a cost per gallon per day of capacity is derived. The cost per gallon is then multiplied by the daily flow represented by one EDU (190 gallons per day) to determine the updated Buy-In amount per EDU.
Figure 2 shows the framework for calculating capacity fees using the Buy-In Method.
South Placer Wastewater Authority – Regional Wastewater Capacity Fee Study
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Buy-In Costs
Figure 2 – Buy-In Method
Incremental-Cost Method
The Incremental-Cost Method is based on the principle that new development should pay for improvements required to connect them to the system, including the need for any additional capacity and/or expansions.
This approach is typically used when specific capital improvements are identified within planning documents and required for growth to occur. For this study, the incremental project costs are identified within SPWA’s 2020 System Evaluation. Under the Incremental-Cost Method, growth-related capital improvements are allocated to new development based on their capacity requirements. Figure 3 shows the framework for calculating capacity fees using the Incremental Cost Method.
Figure 3 – Formula for Incremental-Cost Method
Hybrid Method
When the Buy-In Method and Incremental-Cost Method are both used to update capacity fees, this approach is commonly referred to as the Hybrid Method. For this study, the updated regional wastewater capacity fees are based on the Hybrid Method. The Buy-In Method will be used to capture existing facilities that were debtfinanced in advance of growth and the Incremental-Cost Method will be used to capture future expansions required to accommodate future growth.
Growth-Related
Capital Improvement
Incremental
Increase in Capacity
(gpd)
Incremental-Cost
($/gallon x
190 gallons)
Debt Paid Outstanding
Principal
Net
Present
Value of
Interest
Remaining
Debt
Proceeds
Total
Demand
(Capacity)
Buy-In Cost
($/gallon x
190 gallons)
South Placer Wastewater Authority – Regional Wastewater Capacity Fee Study
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Capacity Fee Analysis
Step 1 – Buy-In Costs
For this study, the Buy-In Method is used for existing and proposed debt. The debt has been refinanced and the current outstanding debt obligations include Wastewater Revenue Bonds – Series 2017 (2017 Bonds) and Wastewater Revenue Bonds – Series 2020 (2020 Bonds). In addition, there are two recent State Revolving Fund (SRF) loans with debt payments commencing in FY 2024. The first SRF loan (CWSRF 8215- 110) funded the current Pleasant Grove WTP – Phase 1 expansion and the second SRF loan (CWSRF 8215- 210) funded the Energy Recovery Project (ERP). The ERP includes improvements to the Pleasant Grove WTP – Phase 1 expansion to generate its own onsite power, which also provides energy credits. These debt obligations are directly related to Pleasant Grove WTP and expansions to serve new development. In addition, the debt payments of these obligations are secured by the collections of capacity fees from new development.
Therefore, these debt obligations are incorporated into this updated capacity fee study, as described below.
This approach ensures that new development and expanded connections “Buy In” to the existing Pleasant Grove WTP facilities by paying a proportionate share of the debt obligations. Existing debt was grouped into three separate categories: Debt Paid-to-Date, Outstanding Principal, and Outstanding Interest.
Debt Paid-to-Date: Previously paid debt of the 2017 Bonds and 2020 Bonds prior to FY 2024 Outstanding Principal: Remaining outstanding principal payments of 2017 Bonds and 2020 Bonds Outstanding Interest: Remaining interest payment due from FY 2024 through maturity Existing debts were grouped into these categories to ensure the costs were spread over the correct amount of system capacity. Outstanding Interest requires an additional step to derive the Net Present Value (NPV) of all future interest payments. The capacity fees must cover all future interest payments; however, interest is amortized over multiple years. Paying the total amount of future interest payments in advance without any consideration of the return on investment would overcharge new connections as these future interest payments are not yet incurred. Therefore, the NPV of interest is calculated using a discount factor equal to the average yield since 2000 of the Treasury Securities at a 3-Year Constant Maturity (Treasury Securities), equal to 2.282%. Treasury Securities are a safe and conservative return on investment for public agency investments. The NPV calculation discounts the future interest payments by 2.282%, compounded on an annual basis. The NPV of outstanding principal is not required as the principal portion of the debt is directly related to the cost of the facilities already constructed, plus debt-related issuance costs.
Table 1 identifies the amount of debt (principal and interest) paid to date prior to FY 2024 for the existing debt obligations.
Table 1 – Debt Service Paid-to-Date of Existing Debt Obligations Debt Paid-to-Date FY 2024
Description Value ($) Include ? Included Debt
Paid-to-Date
(+) Principal Paid $79,500,000 Yes $79,500,000
(+) Interest Paid $129,299,624 Yes $129,299,624
Subtotal Debt Paid-to-Date $208,799,624 $208,799,624
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The capital project costs related to the existing SRF debts, and the future debt issuance are captured as part of the Incremental-Cost Component. Therefore, the principal portion of these debts are excluded to not charge new connections twice for the same cost. Table 2 identifies the amount of outstanding principal remaining for the 2017 Bonds and 2020 Bonds.
Table 2 – Outstanding Principal of Debt Obligations
Table 3 shows the amount of outstanding interest and the net present value of the outstanding interest using the 2.282% discount factor.
Table 3 – NPV of Outstanding Interest of Debt Obligations Step 2 - Adjustments
It is important to identify any adjustments or credits to apply to the Buy-In component. An RSR was established with a minimum balance equal to $50M. Each member agency’s contribution to the RSR was based on their proportionate share of future growth over the Planning Period (% of total EDUs). In addition, all capacity fee revenue is deposited into the RSR. The beginning balance of the RSR for FY 2024 was $172,105,105. If the RSR balance dips below the minimum requirement, additional contributions would be required from the SPWA member agencies. Therefore, part of our analysis for this study includes a cashflow pro forma to identify any fiscal years in which the RSR balance is below the $50M requirement. The cashflow pro forma includes the number of EDUs expected to come online based on each member agency’s planning documents, revenue generated by the existing and proposed capacity fee, administration costs, future capital projects, and debt service payments. The cashflow pro forma is included as Appendix A.
In instances where the RSR is below the minimum, SPWA member agencies either need to contribute more to the RSR, or if the use of the RSR is due to planned capital projects, debt may be utilized to maintain the RSR above the minimum requirement. Based on the cashflow pro forma, the RSR would be depleted by FY 2046 when Dry Creek WTP – Phase 2 is completed. However, debt-financing $50M of Dry Creek WTP – Outstanding Principal FY 2024
Description Value ($) Include ?
Included
Outstanding
Principal
Wastewater Revenue Bonds, Series 2017 $63,590,000 Yes $63,590,000 Wastewater Revenue Bonds, Series 2020 $46,920,000 Yes $46,920,000 CWSRF 8215-210 $25,674,755 No $0
CWSRF 8215-110 $78,347,000 No $0
FY 2044 New/Proposed Debt $51,020,408 No $0
Subtotal Outstanding Principal $265,552,163 $110,510,000 NPV of Outstanding Interest FY 2024
Description Total
Interest
NPV of
Interest Include ?
Included NPV of
Outstanding
Interest
Wastewater Revenue Bonds, Series 2017 $21,111,500 $18,565,651 Yes $18,565,651 Wastewater Revenue Bonds, Series 2020 $23,184,000 $20,464,055 Yes $20,464,055 CWSRF 8215-210 $5,495,628 $4,345,057 Yes $4,345,057
CWSRF 8215-110 $16,770,013 $13,259,022 Yes $13,259,022
FY 2044 New/Proposed Debt $30,859,783 $16,087,471 Yes $16,087,471 Subtotal NPV of Outstanding Interest $97,420,924 $72,721,256 $72,721,256 South Placer Wastewater Authority – Regional Wastewater Capacity Fee Study
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Phase 2 would maintain the RSR above the minimum balance, without the need for additional contributions.
Over the Planning Period, the RSR is projected to have an ending balance of approximately $120M. However, if the actual EDUs planned to come online over the Planning Period is 90% of the projected EDUs, the RSR balance would drop to approximately $18M. Therefore, given the sensitivity in cashflow from a slight reduction in EDUs, the RSR will not be applied as a credit towards capital projects at this time. The RSR will continue to be used as a safeguard to cover any shortage in debt service payments. Once all projects are completed, the remaining balance could either be used to retire the debt early or refunded back to the SPWA member agencies, after all debt is retired, proportionate to their original contributions. The cashflow pro forma with reduced EDUs is included as Appendix B.
There is also $30M available in remaining debt proceeds from the 2017 Bonds. These proceeds will be spent on future capital projects and are shown as a credit. Table 4 identifies adjustments applied to the updated capacity fees.
Table 4 – Reserves and Debt Proceeds Adjustments
Step 3 – System Demand/Capacity
The Pleasant Grove WTP has a current maximum capacity of 9 mgd and was originally built to accommodate growth. If the original Pleasant Grove WTP had sufficient capacity to serve the total demand over the Planning Period, the debt obligations would be divided by the 9 mgd to derive the buy-in component of the updated capacity fee. However, with the additional expansion needed to serve growth, the buy-in calculations must account not only for the existing capacity that was built, but also the additional capacity planned from the future expansions. This is necessary to ensure a new EDU is only charged for its proportional share of cost once based on the projected flow of 190 gpd.
The total design capacity of the wastewater treatment plants does not necessarily reflect the safe operating capacity. Once the plant capacity is close to 90% of total capacity, additional upgrades or expansions are required. Therefore, when deriving capacity-related unit rates, the operating capacity is used. Table 5 summarizes the total capacity and operating capacity of the treatment plant and expansions.
Capital-Related Reserv es FY 2024
Description Value ($) Include ? Reserv es and
Debt Proceeds
(+) Rate Stabilization Reserve $172,105,105 No $0
(+) Additional RSR Funding $0 Yes $0
(-) Remaining Debt Proceeds $30,000,000 Yes ($30,000,000) Subtotal Capital-Related Reserves $202,105,105 ($30,000,000) South Placer Wastewater Authority – Regional Wastewater Capacity Fee Study
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Table 5 – Capacity of Pleasant Grove WTP and Expansions
Step 4 – Buy-In Component Calculations
The previous steps identified existing and proposed debt, adjustments, and system capacity. The Buy-In component can be determined by deriving the cost per gallon of debt and adjustments. The remaining proceeds will be used to fund a portion of the planned expansions; therefore, the $30M in proceeds is spread over the total operating capacity of expansions. Debt Paid-to-Date is spread over the operating capacity of Pleasant Grove WTP + All Expansions. As part of the original issuance of bonds, the debt was secured by all future capacity fees at that point in time. Therefore, debt paid-to-date (2017 Bonds and 2020 Bonds) accounts for the original plant capacity plus the capacity of all future expansions, representing the total amount of influent from new development. The NPV of outstanding interest is the future interest payments in today’s dollars covered by future connections. Therefore, the NPV of outstanding interest is spread over the operating capacity of all expansions. Table 6 summarizes the cost per gallon of credits and each debt obligation, the associated cost per EDU, and the total Buy-In amount per EDU.
Table 6 – Buy-In Component ($ per EDU)
Treatment Plant Facilities
Total Capacity
(gpd)
Operating Capacity
(gpd)
[A] [B] = A x 90%
Capacity - Pleasant Grove WTP 9,000,000 8,100,000
Pleasant Grove WTP - Phase 1 3,000,000 2,700,000
Pleasant Grove WTP - Phase 2 5,600,000 5,040,000
Dry Creek WTP - Phase 1 3,000,000 2,700,000
Dry Creek WTP - Phase 2 3,500,000 3,150,000
Capacity - All Expansions 15,100,000 13,590,000
Pleasant Grove WTP + Expansions 24,100,000 21,690,000
Buy-In Component
Buy-In Calculations Value ($) Allocation Basis Units of Serv ice Unit Rate Conv ersion Factor $ per EDU
[A] [B] [C] = A ÷ B [D] [E] = C x D
Adjustments gpd $/gallon EDU Flow (gpd)
(-) Remaining Debt Proceeds ($30,000,000) All Exps @ 90% Ops Capacity 13,590,000 ($2.21) 190 ($420.00) (+) Principal and Interest Paid to Date $208,799,624 PG + All Exps @ 90% Ops Capacity 21,690,000 $9.63 190 $1,830.00 (+) Outstanding Debt Principal $110,510,000 PG + All Exps @ 90% Ops Capacity 21,690,000 $5.09 190 $969.00 (+) Net Present Value of Outstanding Interest
Wastewater Revenue Bonds, Series 2017 $18,565,651 PG + All Exps @ 90% Ops Capacity 21,690,000 $0.86 190 $163.00 Wastewater Revenue Bonds, Series 2020 $20,464,055 PG + All Exps @ 90% Ops Capacity 21,690,000 $0.94 190 $180.00 CWSRF 8215-210 $4,345,057 All Exps @ 90% Ops Capacity 13,590,000 $0.32 190 $61.00 CWSRF 8215-110 $13,259,022 All Exps @ 90% Ops Capacity 13,590,000 $0.98 190 $186.00 FY 2044 New/Proposed Debt $16,087,471 All Exps @ 90% Ops Capacity 13,590,000 $1.18 190 $225.00 Buy-In Component per EDU $3,194.00
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Step 5 – Incremental Costs
As part of the Hybrid Method, the capacity fee includes planned capital projects required to accommodate new development based on the 2020 System Evaluation. These projects include the four treatment plant expansions, the ERP improvements, capacity-related improvements, and new buildings. The total cost of the planned capital projects equals approximately $472M, as shown in Table 7.
Table 7 – Incremental Costs
Step 6 – Incremental Component Calculations
All the incremental costs are associated with the construction of additional capacity to serve new development over the Planning Period. Therefore, each incremental project cost is spread over the operating capacity of all future expansions. Table 8 summarizes the cost per gallon of incremental capital projects, the associated cost per EDU, and the total Incremental amount per EDU.
Table 8 – Incremental Cost Component ($ per EDU)
Incremental Costs
Capital Projects Project Cost
Pleasant Grove WWTP - Energy Recovery $34,798,613
Pleasant Grove Electrical Expansion $31,500,000
DCWWTP and PGWWTP Capacity Evaluation $1,500,000
Pleasant Grove UV $5,720,000
Dry Creek Expansion Phase 1 $16,725,000
Dry Creek Expansion Phase 2 $156,401,000
Pleasant Grove Expansion Phase 1 $77,254,600
Pleasant Grove Expansion Follow Up Projects $1,500,000
Pleasant Grove Expansion Phase 2 $98,000,000
Regional Pump Station 26 and Force Main Capacity Improvement $4,597,071 PGWWTP Maintenance Adminstration and Shop Building $25,350,000 Corridors Capacity Addition $5,400,000
Dry Creek Operations and Lab Building $13,500,000
Total Incremental Capital Projects $472,246,283
Incremental Component
Capital Projects Project Cost Allocation Basis Units of Serv ice Unit Rate Conversion Factor $ per EDU
[A] [B] [C] = A ÷ B [D] [E] = C x D
gpd $/gallon EDU Flow (gpd)
Pleasant Grove WWTP - Energy Recovery $34,798,613 All Exps @ 90% Ops Capacity 13,590,000 $2.56 190 $487.00 Pleasant Grove Electrical Expansion $31,500,000 All Exps @ 90% Ops Capacity 13,590,000 $2.32 190 $441.00 DCWWTP and PGWWTP Capacity Evaluation $1,500,000 All Exps @ 90% Ops Capacity 13,590,000 $0.11 190 $21.00 Pleasant Grove UV $5,720,000 All Exps @ 90% Ops Capacity 13,590,000 $0.42 190 $80.00 Dry Creek Expansion Phase 1 $16,725,000 All Exps @ 90% Ops Capacity 13,590,000 $1.23 190 $234.00 Dry Creek Expansion Phase 2 $156,401,000 All Exps @ 90% Ops Capacity 13,590,000 $11.51 190 $2,187.00 Pleasant Grove Expansion Phase 1 $77,254,600 All Exps @ 90% Ops Capacity 13,590,000 $5.68 190 $1,081.00 Pleasant Grove Expansion Follow Up Projects $1,500,000 All Exps @ 90% Ops Capacity 13,590,000 $0.11 190 $21.00 Pleasant Grove Expansion Phase 2 $98,000,000 All Exps @ 90% Ops Capacity 13,590,000 $7.21 190 $1,371.00 Regional Pump Station 26 and Force Main Capacity Improvement $4,597,071 All Exps @ 90% Ops Capacity 13,590,000 $0.34 190 $65.00 PGWWTP Maintenance Adminstration and Shop Building $25,350,000 All Exps @ 90% Ops Capacity 13,590,000 $1.87 190 $355.00 Corridors Capacity Addition $5,400,000 All Exps @ 90% Ops Capacity 13,590,000 $0.40 190 $76.00 Dry Creek Operations and Lab Building $13,500,000 All Exps @ 90% Ops Capacity 13,590,000 $0.99 190 $189.00 Total Incremental Capital Projects $472,246,283 $6,608.00 South Placer Wastewater Authority – Regional Wastewater Capacity Fee Study
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Updated Capacity Fee
Table 9 summarizes the updated regional wastewater capacity fee per EDU by combining the Buy-In and the Incremental components. The updated regional wastewater capacity fee reflects a $50 reduction per EDU from the current capacity fee. Non-residential connections will be assigned EDUs on a case-by-case basis to account for total flow and strength loading in relation to a single-family residential unit.
Table 9 – Proposed Regional Wastewater Capacity Fee
In conjunction with adopting the updated regional wastewater capacity fee, IB Consulting recommends SPWA adjust the capacity fees each year by applying the annual percentage change in the ENR to keep pace with inflation, coupled with a comprehensive update every five years.
Proposed Regional Wastewater Capacity Fee
System Buy-In Component $ per EDU
Wastewater Infrastructure
(-) Remaining Debt Proceeds ($420)
(+) Principal and Interest Paid to Date $1,830
(+) Outstanding Debt Principal $969
(+) Net Present Value of Outstanding Interest
Wastewater Revenue Bonds, Series 2017 $163
Wastewater Revenue Bonds, Series 2020 $180
CWSRF 8215-210 $61
CWSRF 8215-110 $186
FY 2044 New/Proposed Debt $225
Total System Buy-In Component $3,194
Incremental-Cost Component $ per EDU
Pleasant Grove WWTP - Energy Recovery $487
Pleasant Grove Electrical Expansion $441
DCWWTP and PGWWTP Capacity Evaluation $21
Pleasant Grove UV $80
Dry Creek Expansion Phase 1 $234
Dry Creek Expansion Phase 2 $2,187
Pleasant Grove Expansion Phase 1 $1,081
Pleasant Grove Expansion Follow Up Projects $21
Pleasant Grove Expansion Phase 2 $1,371
Regional Pump Station 26 and Force Main Capacity Improvement $65 PGWWTP Maintenance Adminstration and Shop Building $355 Corridors Capacity Addition $76
Dry Creek Operations and Lab Building $189
Total Incremental Capital Projects $6,608
Total Regional Wastewater Capacity Fee $9,802
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Appendix A
Table 10 – Cashflow Pro forma – 100% of Projected EDUs
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Table 10 – Cashflow Pro forma – 100% of Projected EDUs (Cont.) South Placer Wastewater Authority – Regional Wastewater Capacity Fee Study
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Table 10 – Cashflow Pro forma – 100% of Projected EDUs (Cont.)
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Appendix B
Table 11 – Cashflow Pro forma – 90% of Projected EDUs
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Table 11 – Cashflow Pro forma – 90% of Projected EDUs (Cont.) South Placer Wastewater Authority – Regional Wastewater Capacity Fee Study
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Table 11 – Cashflow Pro forma – 90% of Projected EDUs (Cont.)