210
QUOTATION
QM0000396
BRANDS INCLUDE: ARIA FILTRA™, AQUAFINE®, TROJANUV®, VIQUA®
TROJAN TECHNOLOGIES CORP
4310 44th St SE
Kentwood, MI 49512
USA
T: 1-866-388-0488
www.trojantechnologies.com
Terms and Conditions
All purchases of Trojan products and/or services are expressly and without limitation subject to Trojan's Terms and Conditions of Sale ("Trojan" or "SELLER"), incorporated herein by reference and published on Trojan's website https: www.trojantechnologies.com/sales-terms-conditions/ Trojan TCS are incorporated by reference into each of Trojan's offers or quotations, order acknowledgments, and invoice and shipping documents. The first of the following acts shall constitute an acceptance of Trojan's offer and not a counteroffer and shall create a contract of sale ("Contract") in accordance with the Trojan TCS, subject to Trojan's final credit approval: (i) Buyer's issuance of a purchase order document against Trojan's offer or quotation; (ii) Trojan's acknowledgement of Buyer's order; or (iii) commencement of any performance by Trojan in response to Buyer's order. Provisions contained in Buyer's purchase documents that materially alter, add to or subtract from the provisions of the Trojan’s TCS shall be null and void and not considered part of the Contract.
www.trojantechnologies.com/sales-terms-conditions
211
SUBJECT: Receive Soledad Police Department AB 481 Annual Report and Provide Direction TO: Honorable Mayor Velazquez and City Council
FROM: Mike Rodriquez, City Attorney
COUNCIL COMMUNICATION
THROUGH: Megan Hunter, City Manager
MEETING
DATE: July 2, 2025
Staff has requested this item be continued to the August 6, 2025 Regular City Council Meeting.
AGENDA ITEM NO. 1.
212
SUBJECT: Resolution Nos. 6253, 6254, 6255, 6256 & 6257, Resolutions of the City Council of the City of Soledad Ordering the Levy and Collection of Assessments for Various Districts for Fiscal Year 2025/2026.
TO: Honorable Mayor Velazquez and City Council
FROM: Juan Huerta, Assistant Engineer
MEETING DATE: July 2, 2025
CITY OF SOLEDAD
STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 1.
Recommendation
Staff Report
Open hearing to the public for each Assessment District:
Diamond Ridge (MAD and BAD)
Orchard Villas (MAD and BAD)
Rancho San Vicente (MAD only)
Close hearing to the public for each Assessment District:
Diamond Ridge (MAD and BAD)
Orchard Villas (MAD and BAD)
Rancho San Vicente (MAD only)
Council discussion
Council Action
It is recommended that the City Council consider and adopt the following Resolutions of the City Council of the City of Soledad:
a. Resolution No. 6253, Ordering the Levy and Collection of Assessments in the amount listed below within the Diamond Ridge Benefit Assessment District No. 1 (Diamond Ridge, Phase I) for Fiscal Year 2025/2026.
b. Resolution No. 6254, Ordering the Levy and Collection of Assessments in the amount listed below within the Diamond Ridge Parks and Open Space Maintenance Assessment District No. 1 (Miravale I, Phase I) for Fiscal Year 2025/2026.
c. Resolution No. 6255, Ordering the Levy and Collection of Assessments in the amount listed below within the Parks and Open Space Maintenance Assessment District No. 1, Annexation No. 1 (Orchard Villas/Miravale II) for Fiscal Year 2025/2026. d. Resolution No. 6256, Ordering the Levy and Collection of Assessments in the amount listed below within the Benefit Assessment District No. 2 (Orchard Villas/Miravale II) for Fiscal Year 2025/2026.
213
e. Resolution No. 6257, Ordering the Levy and Collection of Assessments in the amount listed below within the Rancho San Vicente Parks and Open Spaces Maintenance Assessment District for Fiscal Year 2025/2026.
Executive Summary
The City of Soledad has formed five Assessment Districts to levy and collect assessments on the lots or parcels of land within these districts to cover the costs of operating, maintaining, and servicing improvements and facilities located in public areas within the district boundaries. All five Assessment Districts' proposed levies align with the FY 24/25 patterns. Consequently, the proposed assessment increases are due to a 3% annual adjustment for Rancho San Vicente-CHISPA and CPI inflation adjustments for three of the other four districts.
Background
In 2003, the City Council of the City of Soledad formed the Diamond Ridge Benefit Assessment District No. 1 (Diamond Ridge, Phase I); Diamond Ridge Parks and Open Space Maintenance Assessment District No. 1 (Miravale I, Phase I); and the Rancho San Vicente Parks and Open Space Maintenance Assessment District. In 2006 the Council formed the Parks and Open Space Maintenance Assessment District No. 1, and the Annexation No. 1 (Orchard Villas/Miravale II); Benefit Assessment District No. 2 (Orchard Villas/Miravale II). In January 2022 the Council approved the Liberty Court Annexation to the Parks and Open Space Maintenance Assessment District No. 1 (Orchard Villas/Miravale II) and also to the Benefit Assessment District No. 2 (Orchard Villas/Miravale II). All of these Districts were formed to levy and collect assessments against the lots or parcels of land within such districts to pay for the costs and expenses of operating, maintaining, and servicing improvements and facilities located within public places within the boundaries of the Districts.
Each year, the City is required to approve an updated Engineer’s Annual Levy Report for the District that describes the District and the proposed levy and collection of assessments upon eligible parcels of land within the District. This report is presented at a public hearing to give the public an opportunity to comment.
Review & Analysis
With the formation of the various districts, as approved by the property owners pursuant to a mailed ballot election conducted in accordance with Article XIII D of the California Constitution, the City Council in subsequent fiscal years thereafter has the ability to impose the initial maximum assessment rate that was established at the year of formation which can be adjusted on an annual basis by the Consumer Price Index (CPI) of the San Francisco -Oakland-Hayward area. Notwithstanding the fact that the maximum assessment rate is adjusted on an annual basis, the maximum assessment is not always assessed on all or any of the properties within a given district, and in some cases, where a district has been formed prior to the time that all of the involved public improvements have been constructed, properties may be assessed with a minimal assessment simply to cover administrative costs.
The City Council must order, by Resolution, to levy and collect assessments against the assessable lots and parcels of land within each District for that portion of the fiscal year commencing July 1, 2025, and ending June 30, 2026, to pay applicable operating, maintenance and service costs and expenses of identified improvements.
On June 4, 2025, the City Council approved Resolution Nos. 6239 and 6240 setting the public hearing 214
and preliminarily approving the Engineer’s Annual Levy Reports for the Parks and Open Space Maintenance Assessment District No. 1 (Orchard Villas/Miravale II) and Benefit Assessment District No. 2 (Orchard Villas/Miravale II). The public hearing was set for July 2, 2025.
On June 4, 2025, the City Council approved Resolution No. 6241 setting the public hearing and preliminarily approving the Engineer’s Annual Levy Report for the Rancho San Vicente Parks and Open Spaces District. The public hearing was set for July 2, 2025.
June 4, 2025, the City Council approved Resolution Nos. 6237 and 6238 setting the public hearing and preliminarily approving the Engineer’s Annual Levy Reports for the Diamond Ridge Benefit Assessment District No. 1 (Miravale I) and Diamond Ridge Parks and Open Space Maintenance Assessment District No. 1 (Miravale I). The public hearing was set for July 2, 2025.
The attached resolutions, if approved, will provide final approval of the Engineer’s Annual Levy Report for each district, authorize the levy and collection of said assessments and order the maintenance, operating and/or servicing of the improvements identified in each Engineer’s Annual Levy Report. It is worth noting that the Engineer’s Annual Levy Reports establish both a “recommended” Fiscal Year 2025-2026 assessment as well as the “maximum” Fiscal Year 2025-2026 assessment for each parcel in each district.
Consideration and action on the five (5) resolutions should only be taken after public hearings on said matters have been completed. Once the resolutions are approved, Staff will forward the documents to the County so that the assessments can be paid through the property tax roll system.
The table below shows a summary of the maximum allowable assessments, recommended Fiscal Year (“FY”) 2025-2026 assessments and previous year’s assessments. Preliminary Annual Engineer’s Reports for each District are available for review in the City Clerk’s Office. On behalf of the City, DTA reviewed all the City’s maintenance and benefit assessment districts’ fund balances and has recommended the following assessments for each of the districts for Fiscal Year 2025/2026:
City of Soledad
Historical MAD and BADYearlyAssessment per EDU
FUND Description Short Description
FY25/26
Maximum
Assessment
Allowable
RatesApplied Per EDU
1 FY
2 25/26
FY
2 24/25
FY
23/24
FY
22/23
FY
21/22
FY
20/21
FY
19/20
647 Rancho San Vicente-CHISPA San Vicente $844.25 $844.25 $819.66 $795.79 $772.61 $750.11 $728.26 $707.05 649 Diamond RidgeAssessment PH
1 BAD #1 $496.91 $298.17 $255.68 $243.08 $238.10 $223.39 $211.31 $201.24 650 Diamond RidgeAssessment
Parks MAD#1 $481.17 $481.17 $475.14 $457.89 $439.47 $418.56 $403.21 $398.78 651 Miravale Orchard Landscaping
MAD #1,
Annex No. 1
$1,397.46 $610.58 $610.57 $649.76 $676.15 $625.75 $595.95 $567.57 652 Miravale Orchard Benefit BAD #2 $288.72 $288.72 $281.16 $274.66 $260.84 $247.96 $244.13 $237.24 [1] Rates are only applied, and do not reflect approved MaximumAssessment Rates. [2] Levy for FY25/26 isthe Proposed Rate per EDU (Equivalent Dwelling Unit).
All five Assessment Districts' proposed levies are following FY 24/25's patterns; and, as such, the 215
respective increases of the proposed assessments are due to the 3% annual adjustment for Rancho San Vicente - CHISPA and by CPI inflation adjustments for the other four districts.
The total assessment intended to be collected for the Rancho San Vicente Parks and Open Spaces Maintenance Assessment District is $844.25 per lot. Funds collected for this assessment are used for park maintenance, street landscaping, parkway water charges, park water charges, park electrical charges, sound wall maintenance, street lighting electrical and replacement.
The total assessment intended to be collected for the Diamond Ridge Benefit Assessment District No. 1 (Diamond Ridge, Phase I) is $298.17 per lot. Funds collected for this assessment are to be used for routine maintenance and dredging of the percolation pond, street sweeping, storm drain repair and maintenance, engineering plans and specifications, inspection and overhead.
The total assessment intended to be collected for the Diamond Ridge Parks and Open Spaces Maintenance District No. 1 (Miravale I, Phase I) is $481.17 per lot. Funds collected for this assessment are to be used for maintenance of the parks, playgrounds, streets and landscaping, street landscape water charges, park water charges, park electrical charges, planter wall maintenance, sound wall replacement and painting, street lighting electrical and replacement.
The total assessment intended to be collected for the Parks and Open Space Maintenance Assessment District No. 1 (Orchard Villas/Miravale II) is $610.58 per lot, a reduction from last year. Funds collected for this assessment are to be used for maintenance of the parks, streets and landscaping, street landscape water charges, park water charges, park electrical charges, planter wall maintenance, sound wall replacement and painting, street lighting electrical and replacement.
The total assessment intended to be collected for the Benefit Assessment District No. 2 (Orchard Villas/Miravale II) is $288.72 per lot. Funds collected for this assessment are used for routine maintenance such as street sweeping, repairs, replacement, electric current, supervision, debris removal, pest abatement, engineering and inspection, and any other items of work necessary and incidental for the proper maintenance and operation.
DTA has prepared and filed a Final Engineer’s Report (“Report(s)”) for each District and recommends funding each District with the assessments shown in the table above. The Reports are available in the City Clerk’s office for review.
Financial Considerations
All costs incurred by the City in the preparation and administration of the involved assessment districts will be charged against each district and paid by impacted property owners. The costs include all maintenance as well as costs to service the districts, including City administration, required engineers’ reports, contingency reserves, and the County fee. The total collected and anticipated to be expended in the 2025-2026 fiscal year per district is listed below:
$113,129.50 647 - Rancho San Vicente
$103,463.65 649 - Diamond Ridge BAD
$166,965.99 650 - Diamond Ridge MAD
$366,708.87 651 - Miravale Orchard MAD
216
1. Resolution No. 6253
1. Diamond Ridge BAD FER FY25-26
2. Resolution No. 6254
2. Diamond Ridge MAD FER FY25-26
3. Resolution No. 6255
3. Orchard Villas MAD FER FY25-26
4. Resolution No. 6256
4. Orchard Villas BAD FER FY25-26
5. Resolution No. 6257
5. Rancho San Vicente MAD FER FY25-26
$173,399.83 652 - Miravale Orchard BAD
$923,667.84 Total Assessed and Collected
Alternatives
Adopt the recommended resolutions.
Do not approve the attached resolutions; this alternative is not recommended as the City does not have funding to provide the services needed without these Assessments.
Planning/CEQA
The City has determined that ordering to levy and collect annual assessments is exempt from provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) pursuant to State CEQA Guidelines, Sections 15061, subd. (b)(3) and 15273. The amendments adjust District fees that are used to meet District operating expenses and have no possibility of causing significant environmental effects.
Public Notice Requirements
The Public Hearing Notice was published on June 18, 2025 in the Salinas Valley Tribune.
Attachment(s):
217
DRAFT – FOR REVIEW
RESOLUTION NO. 6253
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD
ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE DIAMOND RIDGE BENEFIT ASSESSMENT DISTRICT NO. 1 (DIAMOND RIDGE, PHASE I) FOR FISCAL YEAR 2025/2026
The City Council of the City of Soledad, California (hereinafter referred to as the “City”) does resolve as follows:
WHEREAS, the City Council has by previous Resolutions initiated proceedings and declared its intention to levy assessments for the Diamond Ridge Benefit Assessment District No. 1 (hereafter referred to as the “District”) for the fiscal year commencing July 1, 2025 and ending June 30, 2026 pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 6.4 of Part 1 of Division 2, Article 4 of the Government Code of California, beginning with Section 54703 (hereafter referred to as the "Act") to pay the costs and expenses of operating, maintaining, and servicing improvements and facilities located within public places within the boundaries of the District; and,
WHEREAS, DTA has prepared and filed with the City Clerk, and the City Clerk has presented to the Council, the Engineer’s Annual Levy Report (hereafter referred to as the “Report”) for the District that describes the District and the proposed levy and collection of assessments upon eligible parcels of land within the District, and the Council did by previous Resolution preliminarily approve such Report; and,
WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2025 and ending June 30, 2026 to pay the costs and expenses of operating, maintaining, and servicing improvements and facilities located within the boundaries of the District; and,
WHEREAS, this City and DTA have reviewed the provisions of Section XIIID of the California State Constitution and found that the proposed assessments comply with these provisions.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY
THE CITY COUNCIL OF THE CITY OF SOLEDAD FOR THE DIAMOND RIDGE BENEFIT ASSESSMENT DISTRICT NO. 1 AS FOLLOWS:
Section 1 Following notice duly given, the City Council has held a full and fair Public Hearing regarding the District, the levy and collection of assessments, the Report prepared in connection therewith, and considered all oral and written statements, protests, and communications made or filed by interested persons regarding these matters.
Section 2 Based upon its review (and amendments, as applicable) of the Report, the City Council hereby finds and determines that:
i) the land within the District will receive special benefit by the operation, maintenance, and servicing of improvements and facilities located in public places within the boundaries of the District; and,
218
DRAFT – FOR REVIEW
ii) the District includes all of the lands so benefited; and, iii) the net amount to be assessed upon the lands within the District in accordance with the fee for the fiscal year commencing July 1, 2025 and ending June 30, 2026 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the estimated benefits to be received by each parcel from the improvements and services. This Fiscal Year assessment for the Diamond Ridge Benefit Assessment District No.1 is $298.17 per parcel.
Section 3 The Report and assessments as presented to the City Council and on file in the Office of the City Clerk are hereby confirmed as filed and approved by the City Council.
Section 4 The maintenance, operation, and servicing of the improvements and appurtenant facilities shall be performed pursuant to the Act. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as follows: the maintenance and operation of the following described improvements of a local nature on public lands within said District including street sweeping, storm drain lines, storm retention pond silt removal, bank stabilization and restoring percolation, including necessary cleaning, repairs, replacement, electric current, supervision, debris removal, engineering and supervision and any and all other items of work necessary and incidental for the proper maintenance and operation thereof. The Report describes all new improvements or substantial changes in existing improvements.
Section 5 The County Auditor of the County of Monterey shall enter on the County Assessment Roll opposite each eligible parcel of land the amount of levy so apportioned by the formula and method outlined in the Report, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.
Section 6 The City Finance Director shall deposit all money representing assessments collected by the County for the District to the credit of a fund known as the "Improvement Fund, City of Soledad, Diamond Ridge Benefit Assessment District No. 1” and such monies shall be expended only for the maintenance, operation, and servicing improvements and facilities as described in Section 4.
Section 7 The adoption of this Resolution constitutes the District levy for the fiscal year commencing July 1, 2025 and ending June 30, 2026.
Section 8 The City Clerk or their designate is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution pursuant to Chapter 4, Article 1, Section 22641 of the Act.
219
DRAFT – FOR REVIEW
PASSED, APPROVED and ADOPTED this 2
nd day of July 2025 by the
following vote:
AYES, and in favor thereof, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
______________________________
ANNA M. VELAZQUEZ, Mayor
ATTEST:
___________________________________
MEGAN HUNTER, City Manager
220
Irvine | San Jose | San Francisco | Riverside
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www.FinanceDTA.com
Public Finance
Public-Private Partnerships
Development Economics
Clean Energy Bonds
FINAL ENGINEER’S REPORT
DIAMOND RIDGE
BENEFIT ASSESSMENT DISTRICT NO. 1
FUND #649
CITY OF SOLEDAD | COUNTY OF MONTEREY
Beginning Fiscal Year: 2025-2026
Intent Meeting: June 4, 2025
Public Hearing: July 2, 2025
Resoluton No. 6253
221
www.FinanceDTA.com
99 Almaden Blvd, Suite 875
San Jose, CA 95113
CITY COUNCIL AND STAFF
MAYOR
Anna M. Velazquez
COUNCIL MEMBERS
Fernando Cabrera
Fernando Ansaldo-Sanchez
Benjamin Caldera Garcia
Evarista Banuelos
PUBLIC WORKS DIRECTOR
Donald Wilcox, P.E.
PROFESSIONAL SERVICES
ASSESSMENT ENGINEERING
Stephen A. Runk, P.E.
DTA
222
TABLE
OF CONTENTS
SECTION PAGE
I AFFIDAVIT AND CERTIFICATES.................................... 1 II ENGINEER’S REPORT .................................................. 3 III PLANS AND SPECIFICATIONS ...................................... 5 A Description of the District..................................................5 B District Improvements, Facilities, And Services...................5 IV COST ESTIMATE ......................................................... 7 A Costs of Improvements......................................................7 B Annual Cost Indexing.........................................................8 C Contributions from Other Sources......................................9 D Annual Installments...........................................................9 E Net Assessment.................................................................9 V ASSESSMENT ROLL................................................... 11 VI METHOD OF ASSESSMENT ....................................... 12 A Background.....................................................................12 B Benefits of Improvements ...............................................13 C Categories of Benefit.......................................................13 D Allocation of Special Benefit to Parcels ............................14 E Amount of Assessment....................................................15
VII ASSESSMENT DIAGRAM AND BOUNDARY
MAP ........................................................................ 17
VIII TERMINATION OF DISTRICT/LIMITATIONS OF
REPORT 18
A Termination of District.....................................................18 B Limitations of Report.......................................................18
APPENDICES
APPENDIX A ASSESSMENT ROLL
223
1 SECTION I
AFFIDAVIT AND CERTIFICATES
City of Soledad July 2, 2025
FINAL Engineer’s Report for Diamond Ridge BAD No. 1
www.FinanceDTA.com
I AFFIDAVIT AND CERTIFICATES
CITY OF SOLEDAD DIAMOND RIDGE
BENEFIT ASSESSMENT DISTRICT NO. 1
This Engineer’s Report (“Report”) and the enclosed descriptions, budget, and assessment diagram outlines the District and includes the proposed assessments for each lot, parcel, and subdivision of land within said District to be levied for Fiscal Year 2025-2026 as they existed at the time of the passage of the Resolution of Intention.
Reference is hereby made to the Monterey County Assessor’s Maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed report as directed by the City Council.
Dated this ______ day of ______________, 2025.
DTA
Assessment Engineer
On Behalf of the City of Soledad
By: __________________________________________
Kuda Wekwete
Project Manager
By: __________________________________________
Stephen A. Runk, P.E.
License Number: C23473
224
2 SECTION I
AFFIDAVIT AND CERTIFICATES
City of Soledad July 2, 2025
FINAL Engineer’s Report for Diamond Ridge BAD No. 1
www.FinanceDTA.com
CITY OF SOLEDAD DIAMOND RIDGE
BENEFIT ASSESSMENT DISTRICT NO. 1
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Diagram thereto attached, was filed with me on the ________ day of ____________, 2025.
By: _____________________________
Megan Hunter, City Manager
City of Soledad, Monterey County
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Diagram thereto attached, was approved and confirmed by the City Council of the City of Soledad, California, on the ______ day of _____________, 2025.
By: _____________________________
Megan Hunter, City Manager
City of Soledad, Monterey County
225
3 SECTION II
ENGINEER’S REPORT
City of Soledad July 2, 2025
FINAL Engineer’s Report for Diamond Ridge BAD No. 1
www.FinanceDTA.com
II ENGINEER’S REPORT
WHEREAS, the City Council of the City of Soledad (“City”), pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 64 of Division 2 of the California Government Code (“1982 Act”), adopted its resolution (“Resolution”) initiating proceedings for the levy of Fiscal Year 2025-2026 assessments against properties in the Diamond Ridge Benefit Assessment District No. 1 (the “District”) to fund maintenance and operation of street and storm water improvements that have been determined to specially benefit properties in the District (“Improvements”).
WHEREAS, the Resolution designates DTA as Assessment Engineer and directed the Assessment Engineer to prepare and file a report (“Engineer’s Report” or “Report”) pursuant to the 1982 Act and Article XIIID of the California Constitution (“Proposition 218”).
This Report includes the following sections:
Plans and Specifications – Plans and specifications for services to be provided. Plans and specifications are a part of this Report whether or not separately bound.
Cost Estimate – An estimate of the annual cost of services to be provided. Also included, are administrative and incidental costs that include maintenance, reserve, repairs, and rehabilitation expenses.
Assessment Roll – An assessment roll, showing the amount to be assessed against each parcel of real property within this District and the names and addresses of the property owners. An Assessor’s Parcel number or other designation describes each parcel. Each parcel is also assigned an “assessment number” that links the Assessment Roll to the Assessment Diagram.
Method of Assessment – A statement of the method by which the Assessment Engineer determined the amount to be assessed against each parcel, based on special benefits to be derived by each parcel from the services.
Assessment Diagram – A diagram showing all of the parcels of real property to be assessed within this District. The diagram corresponds with the Assessment Roll by assessment number.
Termination of District/Limitations of Report – A statement as to the duration of the District and the accuracy of the data and information necessary for the development of this annual Report.
NOW THEREFORE, the undersigned, acting as an agent for DTA, Assessment Engineer for the District, by virtue of the power vested under the 1982 Act and the order of the City, hereby submits this Engineer’s Report and makes the following assessment to cover the portion of the estimated costs of the Improvements, including the incidental costs and expenses, to be paid by the District.
The net assessment in Fiscal Year 2025-2026 is summarized in Table 1. 226
4 SECTION II
ENGINEER’S REPORT
City of Soledad July 2, 2025
FINAL Engineer’s Report for Diamond Ridge BAD No. 1
www.FinanceDTA.com
Table 1: Net Assessment for Fiscal Year 2025-2026
Item Amount
Maintenance Costs $26,473
Capital Improvement Costs $70,000
Administration Costs $41,849
Levy Adjustments (Reserve Fund Credit) ($34,859)
Net Assessment* $103,463
*Note: Figures may not sum due to rounding.
DTA does hereby assess the net amount to be assessed upon all assessable lots or parcels of land within the District by apportioning the amount allocable among the several lots or parcels of each in proportion to the estimated special benefits to be received by each such lot or parcel from the Improvements, as more particularly set forth in the list attached as Appendix A (“Assessment Roll”) and by this reference made as part of this Engineer’s Report. The District diagram appearing herein is a representation of the assessment diagram that was approved by resolution of the City Council. Reference is hereby made to the Assessor’s Maps of the County of Monterey for Fiscal Year 2025-2026 for a more particular description of the properties within the District. Each parcel of land assessed is described on the Assessment Roll by reference to its parcel number as shown on the County of Monterey Assessment Roll.
DTA
Kuda Wekwete Date
Project Manager
Stephen A. Runk, P.E. Date
License Number: C23473
227
5 SECTION III
PLANS AND SPECIFICATIONS
City of Soledad July 2, 2025
FINAL Engineer’s Report for Diamond Ridge BAD No. 1
www.FinanceDTA.com
III PLANS AND SPECIFICATIONS
The plans, specifications, and studies of the Improvements for this District are voluminous and will not be bound in this Report, but by this reference are incorporated as if attached to this Report. The plans and specifications are on file with the City of Soledad and/or the County of Monterey, California.
A Description of the District
The District is generally bounded by the northerly boundary of Miravale, Phase I Tract Map to the north, Gabilan Drive to the south, Orchard Lane to the east, and Toledo Street to the west. A District diagram incorporated herein under Section VII of this Report outlines the boundaries of the District. This diagram incorporates all lots, parcels, and subdivisions of land within the District as the same existed at the time this Report was prepared, a complete listing of which is provided in Appendix A of this Report.
B District Improvements, Facilities, and Services
The following descriptions, provided in the formation documents of the District, identify the types of improvements that will be maintained by the District. Detailed maps and descriptions of these improvements are on file with the City and are available for inspection in the office of the City Engineer and have been incorporated into this Report by reference.
B.1 Street Improvements
The maintenance and operation of the improvements located on the streets within the District includes street sweeping, storm drain lines, including necessary cleaning, repairs, replacement, electric current, supervision, debris removal, engineering and inspection, and any and all other items of work necessary and incidental for the proper maintenance and operation thereof.
Additionally, maintenance and operation includes all additions, improvements, and enlargements which may be made on the previously described work within the following streets and on appurtenant improvement plans.
Improvements that are covered under the maintenance and operations of the District are located on the following streets: Toledo Street (East Half), Orchard Lane, Gabilan Drive, San Antonio, Santa Ynez, San Miguel, Los Flores Street, La Colina Street, Estrella Street, San Gabriel, Vista Avenue, Santa Barbara, San Jose, Solano, San Luis Rey, San Juan Bautista, Portola Street, Entrada Drive, San Fernando, Vida Street, Carmelo Street, Santa Cruz, Terraza Street, Dolores, Santa Clara, La Purisima, and San Rafael.
228
6 SECTION III
PLANS AND SPECIFICATIONS
City of Soledad July 2, 2025
FINAL Engineer’s Report for Diamond Ridge BAD No. 1
www.FinanceDTA.com
B.2 Storm Water Improvements
Maintenance and operation includes storm retention pond silt removal, bank stabilization and restoring percolation, including necessary cleaning, repairs, replacement, electric current, supervision, debris removal, pest abatement, engineering and inspection, and any and all other items of work necessary and incidental for the proper maintenance and operation thereof.
Additionally, maintenance and operation includes all additions, improvements, and enlargements which may be made on the previously described work within the following area and on appurtenant improvement plans.
B.3 Incidental and Other Expenses
Incidental costs include contingencies and assessment district incidentals such as engineering, printing, notices to property owners, collection costs, legal fees, administration, and supervision. 229
7 SECTION IV
COST ESTIMATE
City of Soledad July 2, 2025
FINAL Engineer’s Report for Diamond Ridge BAD No. 1
www.FinanceDTA.com
IV COST ESTIMATE
Applicable law requires the Engineer’s Report to contain an estimate of the costs of the Improvements for Fiscal Year 2025-2026, including estimates of (i) the total costs for Improvements for Fiscal Year 2025- 2026, including incidental expenses, (ii) the amount of any surplus in the improvement fund to be carried over from a previous Fiscal Year, (iii) the amount of any contributions to be made from sources other than assessments levied pursuant to this part, (iv) the amount, if any, of the annual installment for the Fiscal Year where the legislative body has ordered an assessment for the estimated cost of any improvements to be levied and collected in annual installments, and (v) the net amount to be assessed upon assessable lands within the District. Estimates of these amounts are provided below.
The following describes the costs that are funded through the District.
A Costs of Improvements
A.1 Projected Annual Maintenance Costs & Capital Improvement Costs Included in the City’s Public Works Department Budget Request are estimated costs for the annual maintenance, servicing and funding of all improvements within the District. District direct maintenance expenses are estimated at $26,473 for Fiscal Year 2025-2026 as shown in Table 2a below. District’s direct capital improvement costs are estimated at $70,000 for Fiscal Year 2025- 2026 as shown in Table 2b below.
Table 2a: Projected Annual Direct Maintenance Costs
Item Description Cost Estimate
Percolation Pond $6,984
Street Sweeping $14,633
Storm Drain Repair/Maintenance $3,459
Engineering $1,397
Total* $26,473
*Note: Figures may not sum due to rounding.
Table 3b: Projected Capital Improvement Costs
Item Description Cost Estimate
Crack Seal / Slurry Seal Project* $70,000
Total $70,000
*Funded by the available funds in the capital reserve account.
A.2 Projected Annual Administration Costs
In addition to the costs listed above, there will be costs attributed to the administration of the District. As shown in Table 3, the District administration costs are estimated to be $41,850 for 230
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Fiscal Year 2025-2026. These costs are summarized below.
Table 4: Projected Annual Administration Costs
Item Description Cost Estimate
City Administration $27,621
Contingency $2,661
District Administration $5,000
Printing and Advertising $1,363
County Collection $5,205
Total* $41,850
*Note: Figures may not sum due to rounding.
A.3 Projected Annual Levy Adjustment
Finally, in addition to the costs listed above, certain levy adjustments will be made to account for any operating or capital reserve credits or required capital collections to the District’s reserve fund. As shown in Table 4, an Operating Reserve Credit of $40,000 and Capital Reserve Credit of $70,000 have been applied to offset the required Capital Reserve Collection of $75,141.
Therefore, a net total of $34,859 Reserve Fund Credit has been applied to the Fiscal Year 2025- 2026 assessment.
Table 5: Projected Annual Levy Adjustment
Item Description Cost Estimate
Capital Reserve Collection $75,141
Operating Reserve Credit ($40,000)
Capital Reserve Credit ($70,000)
Total ($34,859)
B Annual Cost Indexing
B.1 City/District Administration, Printing, and Advertising With the passage of Proposition 218, any proposed increase in assessments must be approved by impacted property owners via a mail ballot and public hearing process, similar to these proceedings. A weighted simple majority of ballots received (weighted according to each parcel’s proportionate assessment obligation) must be affirmative for the City Council to confirm and levy the increased assessments. For small assessment districts or districts with relatively low dollar assessments, the cost of an Engineer’s Report, balloting, and the public hearing process can potentially exceed the total amount of the increase. The incidental costs of these proceedings may be added to the assessments, resulting in even higher assessments.
Therefore, indexing assessments annually to the published “San Francisco Consumer Price Index for Urban Consumers” (“SF CPI”) allows for minor increases in normal maintenance and operating 231
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COST ESTIMATE
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costs, without incurring the costs of ballot proceedings required by Proposition 218. Any other significant changes to the District (e.g., increases in service, modification of the boundary, etc.) would still require Proposition 218 proceedings and, ultimately, property owner approval.
Thus, on each July 1, commencing on July 1, 2003, the maximum authorized unit assessment rates established in these proceedings will be indexed (increased) annually by a factor equal to the published April SF CPI from the preceding Fiscal Year.
The most recent data for the increase in the SF CPI is the increase between April 2024 and April 2025 and shows an increase equal 1.27%. Therefore, on July 1, 2025, the maximum assessment will thus be increased by 1.27%.
Since the maximum assessment is likely sufficient to cover the cost estimates for improvements and other expenses for Fiscal Year 2025-2026, an amount equal to only the total projected costs will be assessed on the property within the District. The assessment levy in future years may be any amount less than or equal to the maximum assessment in that year.
B.2 Collection Fees
The County Auditor/Controller also charges an additional 0.25% of the total amount assessed.
B.3 Reserve Collection/Transfer
The applicable law provides for a District Reserve Fund that provides for the collection of funds to cover District operations between July 1 (beginning of the Fiscal Year) and the date on which the County remits first installment of assessments collected from the property tax bills (typically January or February). Any negative amounts entries for this budget item represent transfers from the Reserve Fund to reduce the assessment in a given fiscal year. A fully funded Reserve enables the District to (i) cover operational expenses incurred in the six (6) months of the fiscal year, without any City funds from non-District accounts; and (ii) address any unforeseen or unusual expenditures that may occur during the year.
C Contributions from Other Sources
Proposition 218 provides that “an agency shall separate the general benefits from the special benefits conferred…” In accordance with that provision, it is determined that there will be no general benefit from the Improvements in Fiscal Year 2025-2026, as explained in Section VI of this Report.
D Annual Installments
The entire amount of the net assessment, as shown in Table 5 below, will be assessed in Fiscal Year 2025- 2026.
E Net Assessment
Pursuant to the foregoing, Table 5 shows the net amount to be assessed upon assessable lands within the District in Fiscal Year 2025-2026.
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Table 6: Net Assessment for Fiscal Year 2025-2026
Item Total Costs Special Benefit
Allocated Net Assessment
Maintenance Costs (Direct)
Percolation Pond $6,984 100% $6,984
Street Sweeping $14,633 100% $14,633
Storm Drain Repair/Maintenance $3,459 100% $3,459
Engineering $1,397 100% $1,397
Capital Improvement Costs (Direct)
Crack Seal / Slurry Seal Project** $70,000 100% $70,000 Administration Costs
City Administration $27,621 100% $27,621
Contingency $2,661 100% $2,661
District Administration $5,000 100% $5,000
Printing and Advertising $1,363 100% $1,363
County Collection $5,205 100% $5,205
Levy Adjustments
Capital Reserve Collection $75,141 100% $75,141
Operating Reserve Credit ($40,000) 100% ($40,000)
Capital Reserve Credit ($70,000) 100% ($70,000)
Net Assessment* $103,463 N/A $103,463
*Note: Figures may not sum due to rounding.
**Funded by the available funds in the capital reserve account. 233
11 SECTION V
ASSESSMENT ROLL
City of Soledad July 2, 2025
FINAL Engineer’s Report for Diamond Ridge BAD No. 1
www.FinanceDTA.com
V ASSESSMENT ROLL
The Assessment Engineer has prepared an Assessment Roll for the District as required by applicable law, based upon the assessment methodology described in this Engineer’s Report. The Assessment Roll includes the net total assessment for Fiscal Year 2025-2026 and shows the Fiscal Year 2025-2026 assessment, assessment number, Assessor’s Parcel Number, and land use designation for each parcel.
The Assessment Roll, as provided in Appendix A, lists the Assessor’s Parcel Numbers within this Assessment District by assessment number. The assessment numbers appearing on the Assessment and the names and addresses of the property owners are as shown on the last equalized assessment roll for taxes or as known to the Assessor of Monterey County.
All parcel information has been provided to DTA by the City Public Works Department, the previous Assessment Engineer, and the County of Monterey.
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12 SECTION VI
METHOD OF ASSESSMENT
City of Soledad July 2, 2025
FINAL Engineer’s Report for Diamond Ridge BAD No. 1
www.FinanceDTA.com
VI METHOD OF ASSESSMENT
A Background
Pursuant to the 1982 Act, the legislative body establishes and determines the “estimated benefit received” by each parcel from the Improvements.
In addition, Article XIIID of the California Constitution, added in November 1996 through the passage of Proposition 218 by voters of the State of California, requires, inter alia, that (i) only special benefits be assessable, (ii) no assessment may exceed the proportional special benefit conferred on the parcel assessed, and (iii) publicly owned parcels shall not be exempt from assessment unless clear and convincing evidence demonstrates that such publicly owned parcels receive no special benefits from the improvements for which the assessment is levied.
“Special benefit” is a particular and distinct benefit over and above general benefits conferred on real property located in the District or to the public at large. Importantly, the general enhancement of property value does not constitute special benefit. As such, this Engineer’s Report has been designed to comply with these requirements, as well as to incorporate recent California court decisions such as: Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (2008), Beutz v. County of Riverside (2010), Golden Hills Neighborhood Association v. City of San Diego (2011), and Concerned Citizens v. West Point Fire Protection District (2011).
Methodologically, it is necessary and essential to identify the special benefit that the improvements, facilities, and services will render to the properties within the District. It is also necessary that the properties receive a special and direct benefit as distinguished from benefit to the general public.
The Assessment Engineer is appointed for the purpose of analyzing the facts and determining the method and formula for apportionment of the assessment obligation to the benefited properties. For these proceedings, the City has retained the firm of DTA as the Assessment Engineer.
The Assessment Engineer makes his or her recommendation for the method of apportionment in this Engineer’s Report for consideration at the public hearing. However, the final authority and action rests with the City Council after hearing all testimony and evidence presented at the public hearing. Upon conclusion of the public hearing, the City Council must make the final action in determining that the assessment has been made in direct proportion to the special benefit received.
In determining the net amount to be assessed upon parcels within the District, Section 22573 of the California Streets and Highways Code states that such amount “may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” Proposition 218 further states that “no assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel,” where “special benefit” means “a particular and distinct benefit over and above general benefits conferred on real property located in the District or to the public at large.” This Section VI describes the methodology used to calculate the net amount to be assessed on each parcel within the District in proportion to the special 235
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METHOD OF ASSESSMENT
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benefit conferred on each such parcel.
B Benefits of Improvements
The benefits associated with the local landscaping improvements are shown in Table 6 below.
Table 7: Benefits from Landscaping Improvements
Landscaping Improvements
Enhanced desirability of properties through association with the improvements.
Improved aesthetic appeal of properties within the District providing a positive representation of the area.
Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping.
Environmental enhancement through improved erosion resistance, and dust and debris control.
Increased sense of pride in ownership of property within the District resulting from well-maintained improvements associated with the properties.
Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities including abatement of graffiti.
Enhanced environmental quality of the parcels within the District by moderating temperatures, providing oxygenation, and attenuating noise.
The special benefits of street lighting are the convenience, safety, and security of property, improvements, and goods as identified in Table 7 below.
Table 8: Benefits from Street Lighting Improvements
Street Lighting Improvements
Enhanced deterrence of crime and the aid to police protection.
Increased nighttime safety on roads and highways.
Improved ability of pedestrians and motorists to see.
Improved ingress and egress to property.
Reduced vandalism and other criminal acts and damage to improvements or property.
Improved traffic circulation and reduced nighttime accidents and personal property loss.
Increased promotion of business during nighttime hours in the case of commercial properties.
C Categories of Benefit
Proposition 218 provides that “an agency shall separate the general benefits from the special benefits conferred on a parcel,” where “Special Benefit means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large.” It is therefore necessary to establish definitions of General Benefit and Special Benefit as such terms relate to the benefit to be derived from the Improvements.
The Improvements to be maintained and operated in the District were within or in areas in close proximity 236
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METHOD OF ASSESSMENT
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to the proposed developed residential lots. As a result, the developed residential lots in the District will receive 100% of the special benefits of the operation and maintenance of the Improvements. These benefits include enhanced neighborhood health and safety, improved quality of life from drainage, flood control and street improvements, protection of improved property, enhanced comfort, and increased desirability of the immediate surroundings of the residential units within the District. Importantly, because of the location of the improvements within or close to the District itself, there is no general benefit to properties outside the District or the community as a whole. Any such general benefit is so incidental and negligible that it cannot be calculated for purposes of assessment.
D Allocation of Special Benefit to Parcels
In accordance with the provisions in the formation documents, the annual maintenance and operation budget is developed for improvements located in the entire Diamond Ridge Subdivision Project. As discussed previously, developed parcels in the District are the only parcels that derive special benefit from maintenance and operations and as such, must bear the cost of these activities. However, it is anticipated that as future subdivisions develop the assessments will be prorated to reflect the District’s proportionate share of the costs of a given operation and maintenance activity.
Importantly, Article XlllD provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. As a result, the following property will be considered exempt from the assessment: areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rightof-way, public greenbelts and public parkways, and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial, and institutional activities.
Factored development unit calculations for residential areas are as follows:
Low Density Single-Family Residential = 1.0 Unit
Future Medium Density Residential = 0.8 Unit
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METHOD OF ASSESSMENT
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E Amount of Assessment
Pursuant to the foregoing, Table 8 below shows the net amount to be assessed upon assessable lands within the District in Fiscal Year 2025-2026.
Table 9: Fiscal Year 2025-2026 Assessment Rates in the District Assessment Per EDU
Fiscal Year 2024-2025
Assessment Per EDU
Fiscal Year 2025-2026
Max Assessment Per EDU
Fiscal Year 2025-2026
$255.68 $298.17 $496.91
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METHOD OF ASSESSMENT
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Table 10: Fiscal Year 2025-2026 Cost Estimate
D escription Total Am ount ($)
Special Benefit
Apportioned to
D istrict
Fiscal Year 2025-2026
Total Budget
(Am ount Funded to D istrict)
(A) Annual M aintenance (D irect C osts)
O perating Expenses
Percolation Pond $6,984.36 $1.00 $6,984.36
Street Sw eeping $14,632.55 $1.00 $14,632.55
Storm D rain Repair/M aintenance $3,458.60 $1.00 $3,458.60 Engineering $1,397.39 $1.00 $1,397.39
C ity Inspection & O verhead $0.00 $1.00 $0.00
Reserve C ollection/ (Transfer) $0.00 $1.00 $0.00
(B) C apital Im provem ents
C rack Seal / Slurry Seal Project* $70,000.00 $1.00 $70,000.00 (C ) Adm inistration
C ity Adm inistration $27,620.65 $1.00 $27,620.65
C ontingency $2,660.71 $1.00 $2,660.71
D istrict Adm inistration $5,000.00 $1.00 $5,000.00
Printing & Advertising $1,362.96 $1.00 $1,362.96
C ounty C ollection $5,205.00 $1.00 $5,205.00
Subtotal (A+B) $138,322.22 NA $138,322.22
(D ) Levy Adjustm ents
C apital Reserve C ollection $75,141.43
O perating Reserve Transfer In/(O ut) -$40,000.00
C apital Reserve Transfer O ut -$70,000.00
Balance to Levy (A+B+C ) NA NA $103,463.65
(E) D istrict Assessm ent
Total ED U s C ount 347
Total Parcels C ount 347
Total Parcels Levied 347
FY 2025-2026 C alculated Assessm ent per EBU $298.17
FY 2025-2026 M axim um Assessm ent per EBU $496.91
FY 2025-2026 M axim um Levy $172,427.77
(F) Fund Balance Inform ation
Beginning Fund Balance FY 2025-2026 $598,519.62
Reserve Fund Adjustm ents ($34,858.57)
Anticipated Ending Balance FY 2025-2026 $563,661.05
*Funded by the available funds in the capital reserve account.
City of Soledad
Engineer's Report
D iam ond Ridge Benefit Assessm ent D istrict N o.1 - FU N D #649 Fiscal Year 2025-2026 Cost Estim ate
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17 SECTION VII
ASSESSMENT DIAGRAM AND BOUNDARY
MAP
City of Soledad July 2, 2025
FINAL Engineer’s Report for Diamond Ridge BAD No. 1
www.FinanceDTA.com
VII ASSESSMENT DIAGRAM AND BOUNDARY MAP
The boundary map for the District has been previously approved and submitted to the City in the format required by the 1982 Act, and is on file in the Office of the City Clerk.
The parcels within the District generally consist of the lots, parcels, and subdivisions of land found within the following District Diagram and are based on the Monterey County Assessor’s Maps and the Monterey County Assessor’s information that existed at the time this Report was prepared.
Figure 1: Assessment Diagram
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18 SECTION VIII
TERMINATION OF DISTRICT/LIMITATIONS
OF REPORT
City of Soledad July 2, 2025
FINAL Engineer’s Report for Diamond Ridge BAD No. 1
www.FinanceDTA.com
VIII TERMINATION OF DISTRICT/LIMITATIONS OF REPORT
A Termination of District
Assessments associated with the District will be levied each Fiscal Year until the District is dissolved by the City Council.
B Limitations of Report
The conclusions, calculations, and recommendations in this Report rely on the substantial data and information provided to DTA at the time of the writing of the Report by the following parties:
1. City of Soledad, specifically the Public Works Department;
2. The previous Assessment Engineer; and
3. The County of Monterey.
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APPENDIX A
City of Soledad
Diamond Ridge Benefit Assessment District No. 1
Fiscal Year 2025-2026
ASSESSMENT ROLL
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RESOLUTION NO. 6254
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD ORDERING
THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE DIAMOND RIDGE PARKS AND OPEN SPACE MAINTENANCE ASSESSMENT DISTRICT NO. 1 (MIRAVALE I, PHASE I) FOR FISCAL YEAR 2025/2026
The City Council of the City of Soledad, California (hereinafter referred to as the “City”) does resolve as follows:
WHEREAS, the City Council has by previous Resolutions initiated proceedings and declared its intention to levy assessments for the Diamond Ridge Parks and Open Space Maintenance Assessment District No. 1 (Miravale I, Phase I) (hereafter referred to as the “District”) for the fiscal year commencing July 1, 2025 and ending June 30, 2026 pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the "Act") to pay the costs and expenses of operating, maintaining, and servicing improvements and facilities located within the boundaries of the District; and,
WHEREAS, DTA has prepared and filed with the City Clerk, and the City Clerk has presented to the Council, the Engineer’s Annual Levy Report (hereafter referred to as the “Report”) for the District that describes the District and the proposed levy and collection of assessments upon eligible parcels of land within the District, and the Council did by previous Resolution preliminarily approve such Report; and,
WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2025 and ending June 30, 2026 to pay the costs and expenses of operating, maintaining, and servicing improvements and facilities located within the boundaries of the District; and,
WHEREAS, this City and DTA have reviewed the provisions of Section XIIID of the California State Constitution and found that the proposed assessments comply with these provisions.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY
THE CITY COUNCIL OF THE CITY OF SOLEDAD FOR THE DIAMOND RIDGE PARKS AND OPEN SPACES MAINTENANCE ASSESSMENT DISTRICT NO. 1 (MIRAVALE I, PHASE I) AS FOLLOWS:
Section 1 Following notice duly given, the City Council has held a full and fair Public Hearing regarding the District, the levy and collection of assessments, the Report prepared in connection therewith, and considered all oral and written statements, protests, and communications made or filed by interested persons regarding these matters.
Section 2 Based upon its review (and amendments, as applicable) of the Report, the City Council hereby finds and determines that:
i) the land within the District will receive special benefit by the operation, maintenance, and servicing of improvements and facilities located within the boundaries of the District; and,
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ii) the District includes all of the lands so benefited; and, iii) the net amount to be assessed upon the lands within the District in accordance with the fee for the fiscal year commencing July 1, 2025 and ending June 30, 2026 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the estimated benefits to be received by each parcel from the improvements and services. This Fiscal Year assessment for the Diamond Ridge Parks and Open Spaces Maintenance Assessment District No. 1 (Miravale I, Phase I) is $481.17 per parcel.
Section 3 The Report and assessments as presented to the City Council and on file in the Office of the City Clerk are hereby confirmed as filed and approved by the City Council.
Section 4 The maintenance, operation, and servicing of the improvements and appurtenant facilities shall be performed pursuant to the Act. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as follows: the maintenance and operation of street lights and any or all public landscaping and irrigation improvements of a local nature on landscaped strips of land adjacent to curbs of the following described streets, including jogging paths, planter walls, grass berms, appurtenant irrigation systems; ornamental plantings including lawns, shrubs, and trees; including necessary repairs, replacements, water, electric current, spraying, care, supervision, debris removal, and any and all other items of work necessary and incidental for the proper maintenance and operation thereof. The Report describes all new improvements or substantial changes in existing improvements.
Section 5 The County Auditor of the County of Monterey shall enter on the County Assessment Roll opposite each eligible parcel of land the amount of levy so apportioned by the formula and method outlined in the Report, and such levies shall be collected at the same time and in the same manner as the County taxes are collected pursuant to Chapter 4, Article 2, Section 22646 of the Act. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.
Section 6 The City Finance Director shall deposit all money representing assessments collected by the County for the District to the credit of a fund known as the "Improvement Fund, City of Soledad, Diamond Ridge Parks and Open Space Maintenance Assessment District No. 1 (Miravale I, Phase I) and such monies shall be expended only for the maintenance, operation, and servicing improvements and facilities as described in Section 4.
Section 7 The adoption of this Resolution constitutes the District levy for the fiscal year commencing July 1, 2025 and ending June 30, 2026.
Section 8 The City Clerk or their designate is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution pursuant to Chapter 4, Article 1, Section 22641 of the Act.
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PASSED, APPROVED and ADOPTED this 2
nd day of July 2025 by the
following vote:
AYES, and in favor thereof, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
______________________________
ANNA M. VELAZQUEZ, Mayor
ATTEST:
____________________________________
MEGAN HUNTER, City Manager
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FINAL ENGINEER’S REPORT
DIAMOND RIDGE
PARKS AND OPEN SPACE MAINTENANCE ASSESSMENT
DISTRICT NO. 1
FUND #650
CITY OF SOLEDAD | COUNTY OF MONTEREY
Beginning Fiscal Year: 2025-2026
Intent Meeting: June 4, 2025
Public Hearing: July 2, 2025
Resolution No. 6254
247
www.FinanceDTA.com
99 Almaden Blvd., Suite 875
San Jose, CA 95113
CITY COUNCIL AND STAFF
MAYOR
Anna M. Velazquez
COUNCIL MEMBERS
Fernando Cabrera
Fernando Ansaldo-Sanchez
Benjamin Caldera Garcia
Evarista Banuelos
PUBLIC WORKS DIRECTOR
Donald Wilcox, P.E.
PROFESSIONAL SERVICES
ASSESSMENT ENGINEERING
Stephen A. Runk, P.E.
DTA
248
TABLE
OF CONTENTS
SECTION PAGE
I AFFIDAVIT AND CERTIFICATES ................................... 1 II ENGINEER’S REPORT.................................................. 3 III PLANS AND SPECIFICATIONS...................................... 5 A Description of the District..................................................5 B District Improvements, Facilities, and Services...................5 IV COST ESTIMATE......................................................... 7 A Costs of Improvements......................................................7 B Annual Cost Indexing.........................................................8 C Contributions from Other Sources......................................9 D Annual Installments...........................................................9 E Net Assessment.................................................................9 V ASSESSMENT ROLL .................................................. 11 VI METHOD OF ASSESSMENT ....................................... 12 A Background.....................................................................12 B Benefits of Improvements ...............................................13 C Categories of Benefit.......................................................13 D Allocation of Special Benefit to Parcels ............................14 E Amount of Assessment....................................................15
VII ASSESSMENT DIAGRAM AND BOUNDARY
MAP....................................................................... 17
VIII TERMINATION OF DISTRICT/LIMITATIONS OF
REPORT.................................................................. 18 A Termination of District.....................................................18 B Limitations of Report.......................................................18
APPENDICES
APPENDIX A ASSESSMENT ROLL
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1 SECTION I
AFFIDAVIT AND CERTIFICATES
City of Soledad
FINAL Engineer’s Report for Diamond Ridge Parks and Open Space MAD No. 1 July 2, 2025 www.FinanceDTA.com
I AFFIDAVIT AND CERTIFICATES
CITY OF SOLEDAD DIAMOND RIDGE PARKS AND OPEN SPACES
MAINTENANCE ASSESSMENT DISTRICT NO. 1
This Engineer’s Report (“Report”) and the enclosed descriptions, budget, and assessment diagram outlines the District and includes the proposed assessments for each lot, parcel, and subdivision of land within said District to be levied for Fiscal Year 2025-2026 as they existed at the time of the passage of the Resolution of Intention.
Reference is hereby made to the Monterey County Assessor’s Maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed report as directed by the City Council.
Dated this ______ day of ______________, 2025.
DTA
Assessment Engineer
On Behalf of the City of Soledad
By: __________________________________________
Kuda Wekwete
Project Manager
By: __________________________________________
Stephen A. Runk, P.E.
License Number: C23473
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2 SECTION I
AFFIDAVIT AND CERTIFICATES
City of Soledad
FINAL Engineer’s Report for Diamond Ridge Parks and Open Space MAD No. 1 July 2, 2025 www.FinanceDTA.com
CITY OF SOLEDAD DIAMOND RIDGE PARKS AND OPEN SPACES
MAINTENANCE ASSESSMENT DISTRICT NO. 1
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Diagram thereto attached, was filed with me on the ________ day of ____________, 2025.
By: _____________________________
Megan Hunter, City Manager
City of Soledad, Monterey County
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Diagram thereto attached, was approved and confirmed by the City Council of the City of Soledad, California, on the ______ day of _____________, 2025.
By: _____________________________
Megan Hunter, City Manager
City of Soledad, Monterey County
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3 SECTION II
ENGINEER’S REPORT
City of Soledad
FINAL Engineer’s Report for Diamond Ridge Parks and Open Space MAD No. 1 July 2, 2025 www.FinanceDTA.com
II ENGINEER’S REPORT
WHEREAS, the City Council of the City of Soledad (“City”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the “1972 Act”), adopted its resolution (“Resolution”) initiating proceedings for the levy of Fiscal Year 2025-2026 assessments against properties in the Diamond Ridge Park and Open Space Maintenance Assessment District No. 1 (the “District”) to fund maintenance and operation of street lights and any or all public landscaping and irrigation improvements that have been determined to specially benefit properties in the District (“Improvements”).
WHEREAS, the Resolution designates DTA as Assessment Engineer and directed the Assessment Engineer to prepare and file a report (“Engineer’s Report” or “Report”) pursuant to the 1972 Act and Article XIIID of the California Constitution (“Proposition 218”).
This Report includes the following sections:
Plans and Specifications – Plans and specifications for services to be provided. Plans and specifications are a part of this Report whether or not separately bound.
Cost Estimate – An estimate of the annual cost of services to be provided. Also included, are administrative and incidental costs that include maintenance, reserve, repairs, and rehabilitation expenses.
Assessment Roll – An assessment roll, showing the amount to be assessed against each parcel of real property within this District and the names and addresses of the property owners. An Assessor’s Parcel number or other designation describes each parcel. Each parcel is also assigned an “assessment number” that links the Assessment Roll to the Assessment Diagram.
Method of Assessment – A statement of the method by which the Assessment Engineer determined the amount to be assessed against each parcel, based on special benefits to be derived by each parcel from the services.
Assessment Diagram – A diagram showing all of the parcels of real property to be assessed within this District. The diagram corresponds with the Assessment Roll by assessment number.
Termination of District/Limitations of Report – A statement as to the duration of the District and the accuracy of the data and information necessary for the development of this annual Report.
NOW THEREFORE, the undersigned, acting as an agent for DTA, Assessment Engineer for the District, by virtue of the power vested under the 1972 Act and the order of the City, hereby submits this Engineer’s Report and makes the following assessment to cover the portion of the estimated costs of the Improvements, including the incidental costs and expenses, to be paid by the District. 252
4 SECTION II
ENGINEER’S REPORT
City of Soledad
FINAL Engineer’s Report for Diamond Ridge Parks and Open Space MAD No. 1 July 2, 2025 www.FinanceDTA.com
The net assessment in Fiscal Year 2025-2026 is summarized in Table 1.
Table 1: Net Assessment for Fiscal Year 2025-2026
Item Amount
Maintenance Costs $32,269
Administration Costs $39,382
Levy Adjustments (Reserve Fund Debit) $95,315
Net Assessment* $166,966
*Note: Figures may not sum due to rounding.
DTA does hereby assess the net amount to be assessed upon all assessable lots or parcels of land within the District by apportioning the amount allocable among the several lots or parcels of each in proportion to the estimated special benefits to be received by each such lot or parcel from the Improvements, as more particularly set forth in the list attached as Appendix A (“Assessment Roll”) and by this reference made as part of this Engineer’s Report. The District diagram appearing herein is a representation of the assessment diagram that was approved by resolution of the City Council. Reference is hereby made to the Assessor’s Maps of the County of Monterey for Fiscal Year 2025-2026 for a more particular description of the properties within the District. Each parcel of land assessed is described on the Assessment Roll by reference to its parcel number as shown on the County of Monterey Assessment Roll.
DTA
Kuda Wekwete Date
Project Manager
Stephen A. Runk, P.E. Date
License Number: C23473
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5 SECTION III
PLANS AND SPECIFICATIONS
City of Soledad
FINAL Engineer’s Report for Diamond Ridge Parks and Open Space MAD No. 1 July 2, 2025 www.FinanceDTA.com
III PLANS AND SPECIFICATIONS
The plans, specifications, and studies of the Improvements for this District are voluminous and will not be bound in this Report, but by this reference are incorporated as if attached to this Report. The plans and specifications are on file with the City of Soledad and/or the County of Monterey, California.
A Description of the District
The District is generally bounded by the northerly boundary of Miravale, Phase I Tract Map (Terraza Street) to the north, Gabilan Drive to the south, Orchard Lane to the east, and Toledo Street to the west. A District diagram incorporated herein under Section VII of this Report outlines the boundaries of the District. This diagram incorporates all lots, parcels, and subdivisions of land within the District as the same existed at the time this Report was prepared, a complete listing of which is provided in Appendix A of this Report.
B District Improvements, Facilities, and Services
The following descriptions, provided in the formation documents of the District, identify the types of improvements that will be maintained by the District. Detailed maps and descriptions of these improvements are on file with the City and are available for inspection in the office of the City Engineer and have been incorporated into this Report by reference.
B.1 Street Light Improvements
The maintenance and operations in the District include all street light improvements within the Miravale, Phase I Subdivision.
B.2 Public Landscaping and Irrigation Improvements
Maintenance and operation of any or all public landscaping and irrigation improvements of a local nature on landscaped strips (of land adjacent to curbs within the District) includes the following:
jogging paths, planter walls, grass berms, appurtenant irrigation systems, ornamental plantings including lawns, shrubs, and trees; including necessary repairs, replacements, water, electric current, spraying, care, supervision, debris removal, engineering and inspection, and any and all other items of work necessary and incidental for the proper maintenance and operation thereof.
Additionally, maintenance and operation includes all additions, improvements, and enlargements which may be made on the previously described work.
Public landscaping and irrigation improvements covered under the maintenance and operations of the District are located on Gabilan Drive and Orchard Lane, and include the strip of land varying in width from face of curb lines (including planter walls) (i) along the north side of Gabilan Drive from Toledo Street to Orchard Lane, and (ii) along the east and west side of Orchard Lane from Gabilan Drive to the north limit of Miravale, Phase I Tract Map.
B.3 Storm Water and Park Improvements
Maintenance and operation includes storm retention pond, appurtenant irrigation system, 254
6 SECTION III
PLANS AND SPECIFICATIONS
City of Soledad
FINAL Engineer’s Report for Diamond Ridge Parks and Open Space MAD No. 1 July 2, 2025 www.FinanceDTA.com
ornamental plantings including lawns, shrubs and trees; including necessary repairs, replacements, water, electric current, spraying, care, supervision, debris removal, and any and all other items of work necessary and incidental for the proper maintenance and operation thereof.
Additionally, maintenance and operation includes all additions, improvements, and enlargements which may be made on the previously described work within the following area and on appurtenant improvement plans.
The following improvements are covered under the maintenance and operations of the District:
Park Parcel “A” (including a storm water retention pond), San Antonio Park, Santa Barbara Park, and Peverini Park.
B.4 Incidental and Other Expenses
Incidental costs include contingencies and District incidentals such as engineering, printing, notices to property owners, collection costs, legal fees, administration, and supervision. 255
7 SECTION IV
COST ESTIMATE
City of Soledad
FINAL Engineer’s Report for Diamond Ridge Parks and Open Space MAD No. 1 July 2, 2025 www.FinanceDTA.com
IV COST ESTIMATE
Applicable law requires the Engineer’s Report to contain an estimate of the costs of the Improvements for Fiscal Year 2025-2026, including estimates of (i) the total costs for Improvements for Fiscal Year 2025- 2026, including incidental expenses, (ii) the amount of any surplus in the improvement fund to be carried over from a previous Fiscal Year, (iii) the amount of any contributions to be made from sources other than assessments levied pursuant to this part, (iv) the amount, if any, of the annual installment for the Fiscal Year where the legislative body has ordered an assessment for the estimated cost of any improvements to be levied and collected in annual installments, and (v) the net amount to be assessed upon assessable lands within the District. Estimates of these amounts are provided below.
The following describes the costs that are funded through the District.
A Costs of Improvements
A.1 Projected Annual Maintenance Costs
Included in the City’s Public Works Department Budget Request are estimated costs for the annual maintenance and servicing of all improvements within the District. District direct maintenance expenses are estimated at $32,269 for Fiscal Year 2025-2026 as shown in Table 2 below.
Table 2: Projected Annual Direct Maintenance Costs
Item Description Cost Estimate
Parks/Street/Percolation Pond/ Landscape
Maintenance $16,056
Street Landscape Water Charges $4,700
Park Water Charges $6,844
Park/Landscape Electrical Charges $672
Planter Wall Maintenance $1,880
Sound Wall Reserve $1,478
Street Lighting Electrical and Replacement $640
Total* $32,269
*Note: Figures may not sum due to rounding.
A.2 Projected Annual Administration Costs
In addition to the costs listed above, there will be costs attributed to the administration of the District. As shown in Table 3, the District administration costs are estimated to be $39,381 for Fiscal Year 2025-2026. These costs are summarized below. 256
8 SECTION IV
COST ESTIMATE
City of Soledad
FINAL Engineer’s Report for Diamond Ridge Parks and Open Space MAD No. 1 July 2, 2025 www.FinanceDTA.com
Table 3: Projected Annual Administration Costs
Item Description Cost Estimate
City Administration $28,492
District Administration $5,000
Printing and Advertising $684
County Collection $5,205
Total* $39,381
*Note: Figures may not sum due to rounding.
A.3 Projected Annual Levy Adjustment
Finally, in addition to the costs listed above, certain levy adjustments will be made to account for any operating reserve credits or required capital collections to the District’s reserve fund. As shown in Table 4, an Operating Reserve Collection of $47,549 and the required Capital Reserve Collection of $47,767, resulting in a total of $95,316 Reserve Fund Debit has been applied to the Fiscal Year 2025-2026 assessment.
Table 4: Projected Annual Levy Adjustment
Item Description Cost Estimate
Capital Reserve Collection $47,767
Operating Reserve Debit/Credit $47,549
Total* $95,316
*Note: Figures may not sum due to rounding.
B Annual Cost Indexing
B.1 City/District Administration, Printing, and Advertising With the passage of Proposition 218, any proposed increase in assessments must be approved by impacted property owners via a mail ballot and public hearing process, similar to these proceedings. A weighted simple majority of ballots received (weighted according to each parcel’s proportionate assessment obligation) must be affirmative for the City Council to confirm and levy the increased assessments. For small assessment districts or districts with relatively low dollar assessments, the cost of an Engineer’s Report, balloting, and the public hearing process can potentially exceed the total amount of the increase. The incidental costs of these proceedings may be added to the assessments, resulting in even higher assessments.
Therefore, indexing assessments annually to the published “San Francisco Consumer Price Index for Urban Consumers” (“SF CPI”) allows for minor increases in normal maintenance and operating costs, without incurring the costs of ballot proceedings required by Proposition 218. Any other significant changes to the District (e.g., increases in service, modification of the boundary, etc.) would still require Proposition 218 proceedings and, ultimately, property owner approval.
Thus, on each July 1, commencing on July 1, 2003, the maximum authorized unit assessment rates 257
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COST ESTIMATE
City of Soledad
FINAL Engineer’s Report for Diamond Ridge Parks and Open Space MAD No. 1 July 2, 2025 www.FinanceDTA.com
established in these proceedings will be indexed (increased) annually by a factor equal to the published April SF CPI from the preceding Fiscal Year.
The most recent data for the increase in the SF CPI is the increase between April 2024 and April 2025 and shows an increase equal to 1.27%. Therefore, on July 1, 2025, the maximum assessment will thus be increased by 1.27%.
Since the maximum assessment is likely sufficient to cover the cost estimates for improvements and other expenses for Fiscal Year 2025-2026, an amount equal to only the total projected costs will be assessed on the property within the District. The assessment levy in future years may be any amount less than or equal to the maximum assessment in that year.
B.2 Collection Fees
The County Auditor/Controller also charges an additional 0.25% of the total amount assessed.
B.3 Reserve Collection/Transfer
The applicable law provides for a District Reserve Fund that provides for the collection of funds to cover District operations between July 1 (beginning of the Fiscal Year) and the date on which the County remits first installment of assessments collected from the property tax bills (typically January or February). Any negative amounts entries for this budget item represent transfers from the Reserve Fund to reduce the assessment in a given fiscal year. A fully funded Reserve enables the District to (i) cover operational expenses incurred in the six (6) months of the fiscal year, without any City funds from non-District accounts; and (ii) address any unforeseen or unusual expenditures that may occur during the year.
C Contributions from Other Sources
Proposition 218 provides that “an agency shall separate the general benefits from the special benefits conferred…” In accordance with that provision, it is determined that there will be no general benefit from the Improvements in Fiscal Year 2025-2026, as explained in Section VI of this Report.
D Annual Installments
The entire amount of the net assessment, as shown in Table 5 below, will be assessed in Fiscal Year 2025- 2026.
E Net Assessment
Pursuant to the foregoing, Table 5 shows the net amount to be assessed upon assessable lands within the District in Fiscal Year 2025-2026.
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COST ESTIMATE
City of Soledad
FINAL Engineer’s Report for Diamond Ridge Parks and Open Space MAD No. 1 July 2, 2025 www.FinanceDTA.com
Table 5: Net Assessment for Fiscal Year 2025-2026
Item Total Costs Special Benefit
Allocated Net Assessment
Maintenance Costs (Direct)
Parks/Street/Percolation Pond/Landscape
Maintenance $16,056 100% $16,056
Street Landscape Water Charges $4,700 100% $4,700
Park Water Charges $6,844 100% $6,844
Park/Landscape Electrical Charges $672 100% $672
Planter Wall Maintenance $1,880 100% $1,880
Sound Wall Reserve $1,478 100% $1,478
Street Lighting Electrical and Replacement $640 100% $640 Administration Costs
City Administration $28,492 100% $28,492
District Administration $5,000 100% $5,000
Printing and Advertising $684 100% $684
County Collection $5,205 100% $5,205
Levy Adjustments
Capital Reserve Collection $47,767 100% $47,767
Operating Reserve Debit/Credit $47,549 100% $47,549
Net Assessment* $166,966 N/A $166,966
*Note: Figures may not sum due to rounding.
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11 SECTION V
ASSESSMENT ROLL
City of Soledad
FINAL Engineer’s Report for Diamond Ridge Parks and Open Space MAD No. 1 July 2, 2025 www.FinanceDTA.com
V ASSESSMENT ROLL
The Assessment Engineer has prepared an Assessment Roll for the District as required by applicable law, based upon the assessment methodology described in this Engineer’s Report. The Assessment Roll includes the net total assessment for Fiscal Year 2025-2026 and shows the Fiscal Year 2025-2026 assessment, assessment number, Assessor’s Parcel Number, and land use designation for each parcel.
The Assessment Roll, as provided in Appendix A, lists the Assessor’s Parcel Numbers within this Assessment District by assessment number. The assessment numbers appearing on the Assessment and the names and addresses of the property owners are as shown on the last equalized assessment roll for taxes or as known to the Assessor of Monterey County.
All parcel information has been provided to DTA by the City Public Works Department, the previous Assessment Engineer, and the County of Monterey.
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12 SECTION VI
METHOD OF ASSESSMENT
City of Soledad
FINAL Engineer’s Report for Diamond Ridge Parks and Open Space MAD No. 1 July 2, 2025 www.FinanceDTA.com
VI METHOD OF ASSESSMENT
A Background
Pursuant to the 1972 Act, the legislative body establishes and determines the “estimated benefit received” by each parcel from the Improvements.
In addition, Article XIIID of the California Constitution, added in November 1996 through the passage of Proposition 218 by voters of the State of California, requires, inter alia, that (i) only special benefits be assessable, (ii) no assessment may exceed the proportional special benefit conferred on the parcel assessed, and (iii) publicly owned parcels shall not be exempt from assessment unless clear and convincing evidence demonstrates that such publicly owned parcels receive no special benefits from the improvements for which the assessment is levied.
“Special benefit” is a particular and distinct benefit over and above general benefits conferred on real property located in the District or to the public at large. Importantly, the general enhancement of property value does not constitute special benefit. As such, this Engineer’s Report has been designed to comply with these requirements, as well as to incorporate recent California court decisions such as: Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (2008), Beutz v. County of Riverside (2010), Golden Hills Neighborhood Association v. City of San Diego (2011), and Concerned Citizens v. West Point Fire Protection District (2011).
Methodologically, it is necessary and essential to identify the special benefit that the improvements, facilities, and services will render to the properties within the District. It is also necessary that the properties receive a special and direct benefit as distinguished from benefit to the general public.
The Assessment Engineer is appointed for the purpose of analyzing the facts and determining the method and formula for apportionment of the assessment obligation to the benefited properties. For these proceedings, the City has retained the firm of DTA as the Assessment Engineer.
The Assessment Engineer makes his or her recommendation for the method of apportionment in this Engineer’s Report for consideration at the public hearing. However, the final authority and action rests with the City Council after hearing all testimony and evidence presented at the public hearing. Upon conclusion of the public hearing, the City Council must make the final action in determining that the assessment has been made in direct proportion to the special benefit received.
In determining the net amount to be assessed upon parcels within the District, Section 22573 of the California Streets and Highways Code states that such amount “may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” Proposition 218 further states that “no assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel,” where “special benefit” means “a particular and distinct benefit over and above general benefits conferred on real property located in the District or to the public at large.” This Section VI describes the methodology used to calculate the net amount to be assessed on each parcel within the District in proportion to the special 261
13 SECTION VI
METHOD OF ASSESSMENT
City of Soledad
FINAL Engineer’s Report for Diamond Ridge Parks and Open Space MAD No. 1 July 2, 2025 www.FinanceDTA.com
benefit conferred on each such parcel.
B Benefits of Improvements
The benefits associated with the local landscaping improvements are shown in the Table 6 below.
Table 6: Benefits from Landscaping Improvements
Landscaping Improvements
Enhanced desirability of properties through association with the improvements.
Improved aesthetic appeal of properties within the District providing a positive representation of the area.
Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping.
Environmental enhancement through improved erosion resistance, and dust and debris control.
Increased sense of pride in ownership of property within the District resulting from well-maintained improvements associated with the properties.
Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities including abatement of graffiti.
Enhanced environmental quality of the parcels within the District by moderating temperatures, providing oxygenation, and attenuating noise.
The special benefits of street lighting are the convenience, safety, and security of property, improvements, and goods as identified in Table 7 below.
Table 7: Benefits from Street Lighting Improvements
Street Lighting Improvements
Enhanced deterrence of crime and the aid to police protection.
Increased nighttime safety on roads and highways.
Improved ability of pedestrians and motorists to see.
Improved ingress and egress to property.
Reduced vandalism and other criminal acts and damage to improvements or property.
Improved traffic circulation and reduced nighttime accidents and personal property loss.
Increased promotion of business during nighttime hours in the case of commercial properties.
C Categories of Benefit
Proposition 218 provides that “an agency shall separate the general benefits from the special benefits conferred on a parcel,” where “Special Benefit means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large.” It is therefore necessary to establish definitions of General Benefit and Special Benefit as such terms relate to the benefit to be derived from the Improvements.
The Improvements to be maintained and operated in the District were within or in areas in close proximity 262
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METHOD OF ASSESSMENT
City of Soledad
FINAL Engineer’s Report for Diamond Ridge Parks and Open Space MAD No. 1 July 2, 2025 www.FinanceDTA.com
to the proposed developed residential lots. As a result, the developed residential lots in the District will receive 100% of the special benefits of the operation and maintenance of the Improvements. These benefits include enhanced neighborhood health and safety, improved quality of life from drainage, flood control and street improvements, protection of improved property, enhanced comfort, and increased desirability of the immediate surroundings of the residential units within the District. Importantly, because of the location of the improvements within or close to the District itself, there is no general benefit to properties outside the District or the community as a whole. Any such general benefit is so incidental and negligible that it cannot be calculated for purposes of assessment.
D Allocation of Special Benefit to Parcels
In accordance with the provisions in the formation documents, the annual maintenance and operation budget is developed for improvements located in the entire Diamond Ridge Subdivision Project. As discussed previously, developed parcels in the District are the only parcels that derive special benefit from maintenance and operations and as such, must bear the cost of these activities. However, it is anticipated that as future subdivisions develop the assessments will be prorated to reflect the District’s proportionate share of the costs of a given operation and maintenance activity.
Importantly, Article XlllD provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. As a result, the following property will be considered exempt from the assessment: areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rightof-way, public greenbelts and public parkways, and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial, and institutional activities.
Factored development unit calculations for residential areas are as follows:
Low Density Single-Family Residential = 1.0 Unit
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METHOD OF ASSESSMENT
City of Soledad
FINAL Engineer’s Report for Diamond Ridge Parks and Open Space MAD No. 1 July 2, 2025 www.FinanceDTA.com
E Amount of Assessment
Pursuant to the foregoing, Table 8 below shows the net amount to be assessed upon assessable lands within the District in Fiscal Year 2025-2026.
Table 8: Fiscal Year 2025-2026 Assessment Rates in the District Assessment Per EDU
Fiscal Year 2024-2025
Assessment Per EDU
Fiscal Year 2025-2026
Max Assessment Per EDU
Fiscal Year 2025-2026
$475.14 $481.17 $481.17
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METHOD OF ASSESSMENT
City of Soledad
FINAL Engineer’s Report for Diamond Ridge Parks and Open Space MAD No. 1 July 2, 2025 www.FinanceDTA.com
Table 9: Fiscal Year 2025-2026 Cost Estimate
D escription Total Am ount ($)
Special Benefit
Apportioned to
D istrict
Fiscal Year 2025-2026
Total Budget
(Am ount Funded to D istrict)
(A) Annual M aintenance (D irect C osts)
O perating Expenses
Parks/Street/Percolation Pond/ Landscape M aintenance $16,055.76 100% $16,055.76 Street Landscape W ater C harges $4,700.27 100% $4,700.27 Park W ater C harges $6,843.64 100% $6,843.64
Park/Landscape Electrical C harges $671.83 100% $671.83 Planter W all M aintenance $1,880.11 100% $1,880.11
Sound W all Reserve (Replacem ent & Painting -$15K every 5 yrs.) $1,477.76 100% $1,477.76 Street Lighting Electrical & Replacem ent $639.53 100% $639.53 Reserve C ollection / (Transfer) $0.00 100% $0.00
(B) Adm inistration
C ity Adm inistration $28,492.20 100% $28,492.20
D istrict Adm inistration $5,000.00 100% $5,000.00
Printing & Advertising $684.49 100% $684.49
C ounty C ollection $5,205.00 100% $5,205.00
Subtotal (A+B) $71,650.59 N /A $71,650.59
(C ) Levy Adjustm ents
C apital Reserve C ollection
Santa Barbara Park ($160,000 Total) $29,671.67
Peverini Park ($105,000 Total) $18,095.17
O ther Im provem ents $0.00
O perating Reserve Transfer In/(O ut) $47,548.56
Balance to Levy (A+B+C ) N /A N /A $166,965.99
(D ) D istrict Assessm ent
Total ED U s C ount 347
Total Parcels C ount 347
Total Parcels Levied 347
FY 2025-2026 C alculated Assessm ent per EBU $481.17
FY 2025-2026 M axim um Assessm ent per EBU $481.17
FY 2025-2026 M axim um Levy $166,965.99
(F) Fund Balance Inform ation
Beginning Fund Balance FY 2025 -2026 $487,725.50
Reserve Fund Adjustm ents $95,315.40
Anticipated Ending Balance FY 2025-2026 $583,040.90
City of Soledad
Engineer's Report
D iam ond Ridge Parks and O pen Space M aintenance Assessm ent D istrict N o.1 - Fund #650 Fiscal Year 2025-2026 Cost Estim ate
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ASSESSMENT DIAGRAM AND BOUNDARY
MAP
City of Soledad
FINAL Engineer’s Report for Diamond Ridge Parks and Open Space MAD No. 1 July 2, 2025 www.FinanceDTA.com
VII ASSESSMENT DIAGRAM AND BOUNDARY MAP
The boundary map for the District has been previously approved and submitted to the City in the format required by the 1972 Act and is on file in the Office of the City Clerk.
The parcels within the District generally consist of the lots, parcels, and subdivisions of land found within the following District Diagram and are based on the Monterey County Assessor’s Maps and the Monterey County Assessor’s information that existed at the time this Report was prepared.
Figure 1: Assessment Diagram
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18 SECTION VIII
TERMINATION OF DISTRICT/LIMITATIONS
OF REPORT
City of Soledad
FINAL Engineer’s Report for Diamond Ridge Parks and Open Space MAD No. 1 July 2, 2025 www.FinanceDTA.com
VIII TERMINATION OF DISTRICT/LIMITATIONS OF REPORT
A Termination of District
Assessments associated with the District will be levied each Fiscal Year until the District is dissolved by the City Council.
B Limitations of Report
The conclusions, calculations, and recommendations in this Report rely on the substantial data and information provided to DTA at the time of the writing of the Report by the following parties:
1. City of Soledad, specifically the Public Works Department;
2. The previous Assessment Engineer; and
3. The County of Monterey.
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APPENDIX A
City of Soledad
Diamond Ridge Parks and Open Space
Maintenance Assessment District No. 1
Fiscal Year 2025-2026
ASSESSMENT ROLL
268
99 ALMADEN BLVD., SUITE 875
SAN JOSE, CA 95113
PHONE: (800) 969-4DTA
Public Finance
Public-Private Partnerships
Development Economics
Clean Energy Bonds
www.FinanceDTA.com
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RESOLUTION NO. 6255
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD ORDERING
THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE PARKS AND OPEN SPACE MAINTENANCE ASSESSMENT DISTRICT NO. 1 ANNEXATION NO. 1 (ORCHARD VILLAS/MIRAVALE II) FOR FISCAL YEAR 2025/2026
The City Council of the City of Soledad, California (hereinafter referred to as the “City”) does resolve as follows:
WHEREAS, the City Council has by previous Resolutions initiated proceedings and declared its intention to levy assessments for the Parks and Open Space Maintenance Assessment District No. 1 as Annexation No. 1, Orchard Villas/Miravale II (hereafter referred to as the “District”) for the fiscal year commencing July 1, 2025 and ending June 30, 2026 pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the "Act") to pay the costs and expenses of operating, maintaining, and servicing improvements and facilities located within the boundaries of the District; and,
WHEREAS, DTA has prepared and filed with the City Clerk, and the City Clerk has presented to the Council, the Engineer’s Annual Levy Report (hereafter referred to as the “Report”) for the District that describes the District and the proposed levy and collection of assessments upon eligible parcels of land within the District, and the Council did by previous Resolution preliminarily approve such Report; and,
WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2025 and ending June 30, 2026 to pay the costs and expenses of operating, maintaining, and servicing improvements and facilities located within the boundaries of the District; and,
WHEREAS, this City and DTA have reviewed the provisions of Section XIIID of the California State Constitution and found that the proposed assessments comply with these provisions.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY
THE CITY COUNCIL OF THE CITY OF SOLEDAD FOR THE PARKS AND OPEN SPACES MAINTENANCE ASSESSMENT DISTRICT NO. 1 AS ANNEXATION NO. 1 (ORCHARD VILLAS/MIRAVALE II) AS FOLLOWS:
Section 1 Following notice duly given, the City Council has held a full and fair Public Hearing regarding the District, the levy and collection of assessments, the Report prepared in connection therewith, and considered all oral and written statements, protests, and communications made or filed by interested persons regarding these matters.
Section 2 Based upon its review (and amendments, as applicable) of the Report, the City Council hereby finds and determines that:
i) the land within the District will receive special benefit by the operation, maintenance, and servicing of improvements and facilities located within the boundaries of the District; and,
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ii) the District includes all of the lands so benefited; and, iii) the net amount to be assessed upon the lands within the District in accordance with the fee for the fiscal year commencing July 1, 2025 and ending June 30, 2026 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the estimated benefits to be received by each parcel from the improvements and services. This Fiscal Year assessment for the Parks and Open Spaces Maintenance Assessment District No. 1 as Annexation No. 1 (Orchard Villas/Miravale II) is $610.58 per parcel.
Section 3 The Report and assessments as presented to the City Council and on file in the Office of the City Clerk are hereby confirmed as filed and approved by the City Council.
Section 4 The maintenance, operation, and servicing of the improvements and appurtenant facilities shall be performed pursuant to the Act. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as follows: the maintenance, servicing, including repair, replacement, removal, and operation of landscape improvements, park maintenance, graffiti removal, water for irrigation and fountains, and associated appurtenances located within the public right-of-way and dedicated landscape easements and parks, including retention pond. Improvements within the District are generally parks, parkways and block walls located throughout the Orchard Villas and Miravale II developments. These improvements include turf, ground cover, shrubs and trees, irrigation systems, graffiti removal, and walkways. Services provided include all necessary service, operations, and maintenance required to keep the improvements in a healthy, vigorous condition and in proper working order. The Report describes all new improvements or substantial changes in existing improvements.
Section 5 The County Auditor of the County of Monterey shall enter on the County Assessment Roll opposite each eligible parcel of land the amount of levy so apportioned by the formula and method outlined in the Report, and such levies shall be collected at the same time and in the same manner as the County taxes are collected pursuant to Chapter 4, Article 2, Section 22646 of the Act. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.
Section 6 The City Finance Director shall deposit all money representing assessments collected by the County for the District to the credit of a fund known as the "Improvement Fund, City of Soledad, Parks and Open Space Maintenance Assessment District No. 1 as Annexation No. 1, as Orchard Villas/Miravale II” and such monies shall be expended only for the maintenance, operation, and servicing improvements and facilities as described in Section 4.
Section 7 The adoption of this Resolution constitutes the District levy for the fiscal year commencing July 1, 2025 and ending June 30, 2026.
Section 8 The City Clerk or their designate is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution pursuant to Chapter 4, Article 1, Section 22641 of the Act.
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DRAFT – FOR REVIEW
PASSED, APPROVED and ADOPTED this 2
nd day of July 2025 by the
following vote:
AYES, and in favor thereof, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
ANNA M. VELAZQUEZ, Mayor
ATTEST:
____________________________________
MEGAN HUNTER, City Manager
272
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FINAL ENGINEER’S REPORT
ORCHARD VILLAS/MIRAVALE II
PARKS AND OPEN SPACE MAINTENANCE ASSESSMENT
DISTRICT NO. 1,
ANNEXATION NO. 1
FUND #651
CITY OF SOLEDAD | COUNTY OF MONTEREY
Beginning Fiscal Year: 2025-2026
Intent Meeting: June 4, 2025
Public Hearing: July 2, 2025
Resolution No. 6255
273
www.FinanceDTA.com
99 Almaden Blvd, Suite 875
San Jose, CA 95113
CITY COUNCIL AND STAFF
MAYOR
Anna M. Velazquez
COUNCIL MEMBERS
Ben Caldera
Fernando Cabrera
Fernando Ansaldo-Sanchez
Evarista Banuelos
PUBLIC WORKS DIRECTOR
Donald Wilcox, P.E.
PROFESSIONAL SERVICES
ASSESSMENT ENGINEERING
Stephen A. Runk, P.E.
DTA
274
TABLE
OF CONTENTS
SECTION PAGE
I AFFIDAVIT AND CERTIFICATES.................................... 1 II ENGINEER’S REPORT .................................................. 3 III PLANS AND SPECIFICATIONS ...................................... 5 A Description of the District..................................................5 B District Improvements, Facilities, and Services...................5 IV COST ESTIMATE ......................................................... 7 A Costs of Improvements......................................................7 B Annual Cost Indexing.........................................................8 C Contributions from Other Sources......................................9 D Annual Installments...........................................................9 E Net Assessment.................................................................9 V ASSESSMENT ROLL................................................... 11 VI METHOD OF ASSESSMENT ....................................... 12 A Background.....................................................................12 B Benefits of Improvements ...............................................13 C Categories of Benefit.......................................................13 D Allocation of Special Benefit to Parcels ............................15 E Amount of Assessment....................................................16
VII ASSESSMENT DIAGRAM AND BOUNDARY
MAP ........................................................................ 18
VIII TERMINATION OF DISTRICT/LIMITATIONS OF
REPORT ................................................................... 19 A Termination of District.....................................................19 B Limitations of Report.......................................................19
APPENDICES
APPENDIX A ASSESSMENT ROLL
275
1 SECTION I
AFFIDAVIT AND CERTIFICATES
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II MAD No. 1, Annexation No. 1 www.FinanceDTA.com
I AFFIDAVIT AND CERTIFICATES
CITY OF SOLEDAD PARKS AND OPEN SPACE
MAINTENANCE ASSESSMENT DISTRICT NO. 1
ANNEXATION NO. 1, ORCHARD VILLAS/MIRAVALE II
This Engineer’s Report (“Report”) and the enclosed descriptions, budget, and assessment diagram outlines the District and includes the proposed assessments for each lot, parcel, and subdivision of land within said District to be levied for Fiscal Year 2025-2026 as they existed at the time of the passage of the Resolution of Intention.
Reference is hereby made to the Monterey County Assessor’s Maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed report as directed by the City Council.
Dated this ______ day of ______________, 2025.
DTA
Assessment Engineer
On Behalf of the City of Soledad
By: __________________________________________
Kuda Wekwete
Project Manager
By: __________________________________________
Stephen A. Runk, P.E.
License Number: C23473
276
2 SECTION I
AFFIDAVIT AND CERTIFICATES
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II MAD No. 1, Annexation No. 1 www.FinanceDTA.com
CITY OF SOLEDAD PARKS AND OPEN SPACE
MAINTENANCE ASSESSMENT DISTRICT NO. 1
ANNEXATION NO. 1, ORCHARD VILLAS/MIRAVALE II
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Diagram thereto attached, was filed with me on the ________ day of ____________, 2025.
By: _____________________________
Megan Hunter, City Manager
City of Soledad, Monterey County
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Diagram thereto attached, was approved and confirmed by the City Council of the City of Soledad, California, on the ______ day of _____________, 2025.
By: _____________________________
Megan Hunter, City Manager
City of Soledad, Monterey County
277
3 SECTION II
ENGINEER’S REPORT
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II MAD No. 1, Annexation No. 1 www.FinanceDTA.com
II ENGINEER’S REPORT
WHEREAS, the City Council of the City of Soledad (“City”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the “1972 Act”), adopted its resolution (“Resolution”) initiating proceedings for the levy of Fiscal Year 2025-2026 assessments against properties in the Orchard Villas/Miravale II Parks and Open Space Maintenance Assessment District No. 1, Annexation No. 1 (the “District”) to fund maintenance and operation of park, landscape, and street light improvements within City streets, that have been determined to specially benefit the District (“Improvements”).
WHEREAS, the Resolution designates DTA as Assessment Engineer and directed the Assessment Engineer to prepare and file a report (“Engineer’s Report” or “Report”) pursuant to the 1972 Act and Article XIIID of the California Constitution (“Proposition 218”).
This Report includes the following sections:
Plans and Specifications – Plans and specifications for services to be provided. Plans and specifications are a part of this Report whether or not separately bound.
Cost Estimate – An estimate of the annual cost of services to be provided. Also included, are administrative and incidental costs that include maintenance, reserve, repairs, and rehabilitation expenses.
Assessment Roll – An assessment roll, showing the amount to be assessed against each parcel of real property within this District and the names and addresses of the property owners. An Assessor’s Parcel number or other designation describes each parcel. Each parcel is also assigned an “assessment number” that links the Assessment Roll to the Assessment Diagram.
Method of Assessment – A statement of the method by which the Assessment Engineer determined the amount to be assessed against each parcel, based on special benefits to be derived by each parcel from the Improvements.
Assessment Diagram – A diagram showing all of the parcels of real property to be assessed within this District. The diagram corresponds with the Assessment Roll by assessment number.
Termination of District/Limitations of Report – A statement as to the duration of the District and the accuracy of the data and information necessary for the development of this annual Report.
NOW THEREFORE, the undersigned, acting as an agent for DTA, Assessment Engineer for the District, by virtue of the power vested under the 1972 Act and the order of the City, hereby submits this Engineer’s Report and makes the following assessment to cover the portion of the estimated costs of the Improvements, including the incidental costs and expenses, to be paid by the District.
The net assessment in Fiscal Year 2025-2026 is summarized in Table 1. 278
4 SECTION II
ENGINEER’S REPORT
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II MAD No. 1, Annexation No. 1 www.FinanceDTA.com
Table 1: Net Assessment for Fiscal Year 2025-2026
Item Amount
Maintenance Costs $352,513
Administration Costs $39,696
Levy Adjustments (Reserve Fund Credit/Debit) ($25,500)
Net Assessment* $366,709
*Note: Figures may not sum due to rounding.
DTA does hereby assess the net amount to be assessed upon all assessable lots or parcels of land within the District by apportioning the amount allocable among the several lots or parcels of each in proportion to the estimated special benefits to be received by each such lot or parcel from the Improvements, as more particularly set forth in the list attached as Appendix A (“Assessment Roll”) and by this reference made as part of this Engineer’s Report. The District diagram appearing herein is a representation of the assessment diagram that was approved by resolution of the City Council. Reference is hereby made to the Assessor’s Maps of the County of Monterey for Fiscal Year 2025-2026 for a more particular description of the properties within the District. Each parcel of land assessed is described on the Assessment Roll by reference to its parcel number as shown on the County of Monterey Assessment Roll.
DTA
Kuda Wekwete Date
Project Manager
Stephen A. Runk, P.E. Date
License Number: C23473
279
5 SECTION III
PLANS AND SPECIFICATIONS
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II MAD No. 1, Annexation No. 1 www.FinanceDTA.com
III PLANS AND SPECIFICATIONS
The plans, specifications, and studies of the Improvements for this District are voluminous and will not be bound in this Report, but by this reference are incorporated as if attached to this Report. The plans and specifications are on file with the City of Soledad and/or the County of Monterey, California.
A Description of the District
The District is generally located between Orchard Lane and Granada Street, south of Gabilan Drive, west of Bryant Canyon Road, and east of Orchard Lane. A District diagram incorporated herein under Section VII of this Report outlines the boundaries of the District. This diagram incorporates all lots, parcels, and subdivisions of land within the District as the same existed at the time this Report was prepared, a complete listing of which is provided in Appendix A of this Report.
B District Improvements, Facilities, and Services
The following descriptions, provided in the formation documents of the District, identify the types of improvements that will be maintained by the District. Detailed maps and descriptions of these improvements are on file with the City and are available for inspection in the office of the City Engineer and have been incorporated into this Report by reference.
B.1 Landscape Improvements
Maintenance and operation includes maintenance, servicing (including repair, replacement, removal), and operation of landscape improvements, park maintenance, graffiti removal, water for irrigation and fountains, and associated appurtenances located within the public right-of-way and dedicated landscape easements.
These maintenance and operation activities are generally performed on parkways and block walls located throughout the Orchard Villas and Miravale II developments. Currently the proposed Improvements to be maintained include:
A total of 13,343 square feet of landscaping, plus a future 61-acre park (parcel “G”), located in Orchard Villas; and
A total of 65,790 square feet of landscaping plus a future 7.91-acre park located in Miravale II.
B.2 Street Light Improvements
Maintenance and operation related to street light improvements includes (i) the maintenance, operation, and servicing of local street lights within approximately 90 feet to certain lots and parcels and therefore provides a direct special benefit to such lots or parcels; and (ii) the maintenance, operation, and servicing of arterial street lights that provide a special benefit to all the assessable parcels within the District whether or not such parcels are in close proximity to such lighting.
Importantly, the improvements that are covered under these maintenance and operation 280
6 SECTION III
PLANS AND SPECIFICATIONS
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II MAD No. 1, Annexation No. 1 www.FinanceDTA.com
activities include:
Within Orchard Villas, street lights along Orchard Lane, Villa Street, Tomasini Trail, Tankersley Street Luchessa Way, Serra Court, Rusconi Court, Camino Arroyo, Davalos Lane, Luna Drive, and Calle Valverde; and
Within Miravale II, street lights along Bryant Canyon Road, Santa Clara, San Rafael, San Gabriel, La Colina Street, San Antonio, Jones, Westcott, Binsacca, Gabilan Drive, Rojos Way, Rusconi Court, Asilomar Street, Orchard Lane, and additional streets within the Miravale II development that are not named at this time.
B.3 Incidental and Other Expenses
Incidental costs include contingencies and assessment district incidentals such as engineering, printing, notices to property owners, collection costs, legal fees, administration, and supervision. 281
7 SECTION IV
COST ESTIMATE
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II MAD No. 1, Annexation No. 1 www.FinanceDTA.com
IV COST ESTIMATE
Applicable law requires the Engineer’s Report to contain an estimate of the costs of the Improvements for Fiscal Year 2025-2026, including estimates of (i) the total costs for Improvements for Fiscal Year 2025- 2026, including incidental expenses, (ii) the amount of any surplus in the improvement fund to be carried over from a previous Fiscal Year, (iii) the amount of any contributions to be made from sources other than assessments levied pursuant to this part, (iv) the amount, if any, of the annual installment for the Fiscal Year where the legislative body has ordered an assessment for the estimated cost of any improvements to be levied and collected in annual installments, and (v) the net amount to be assessed upon assessable lands within the District. Estimates of these amounts are provided below.
The following describes the costs that are funded through the District.
A Costs of Improvements
A.1 Projected Annual Maintenance Costs
Included in the City’s Public Works Department Budget Request are estimated costs for the annual maintenance and servicing of all improvements within the District. District direct maintenance expenses are estimated at $352,513 for Fiscal Year 2025-2026 as shown in Table 2 below.
Table 2: Projected Annual Direct Maintenance Costs
Item Description Cost Estimate
Landscape Maintenance (Easements) $154,573
Park Maintenance $101,100
Street Lights $74,666
Graffiti $22,174
Reserve Collection/(Transfer) $0.00
Total* $352,513
*Note: Figures may not sum due to rounding.
A.2 Projected Annual Administration Costs
In addition to the costs listed above, there will be costs attributed to the administration of the District. As shown in Table 3, the District administration costs are estimated to be $39,696 for Fiscal Year 2025-2026. These costs are summarized below. 282
8 SECTION IV
COST ESTIMATE
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II MAD No. 1, Annexation No. 1 www.FinanceDTA.com
Table 3: Projected Annual Administration Costs
Item Description Cost Estimate
City Administration $30,074
District Administration $5,282
Printing and Advertising $667
County Collection $3,673
Total* $39,696
*Note: Figures may not sum due to rounding.
A.3 Projected Annual Levy Adjustment
Finally, in addition to the costs listed above, certain levy adjustments will be made to account for any operating reserve credits or required capital collections to the District’s reserve fund. As shown in Table 4, an Operating Reserve Credit of $25,500 has been applied to offset the required Capital Reserve Collection. Therefore, a net total of $25,500 Reserve Fund Credit has been applied to the Fiscal Year 2025-2026 assessment.
Table 4: Projected Annual Levy Adjustment
Item Description Cost Estimate
Capital Reserve Collection $0
Operating Reserve Credit ($25,500)
Total ($25,500)
B Annual Cost Indexing
B.1 City/District Administration, Printing, and Advertising With the passage of Proposition 218, any proposed increase in assessments must be approved by impacted property owners via a mail ballot and public hearing process, similar to these proceedings. A weighted simple majority of ballots received (weighted according to each parcel’s proportionate assessment obligation) must be affirmative for the City Council to confirm and levy the increased assessments. For small assessment districts or districts with relatively low dollar assessments, the cost of an Engineer’s Report, balloting, and the public hearing process can potentially exceed the total amount of the increase. The incidental costs of these proceedings may be added to the assessments, resulting in even higher assessments.
Therefore, indexing assessments annually to the published “San Francisco Consumer Price Index for Urban Consumers” (“SF CPI”) allows for minor increases in normal maintenance and operating costs, without incurring the costs of ballot proceedings required by Proposition 218. Any other significant changes to the District (e.g., increases in service, modification of the boundary, etc.) would still require Proposition 218 proceedings and, ultimately, property owner approval.
Thus, on each July 1, commencing on July 1, 2007, the maximum authorized unit assessment rates established in these proceedings will be indexed (increased) annually by a factor equal to the 283
9 SECTION IV
COST ESTIMATE
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II MAD No. 1, Annexation No. 1 www.FinanceDTA.com
published SF CPI from the preceding Fiscal Year.
The most recent data for the increase in the SF CPI is the increase between February 2024 and February 2025 and shows an increase equal to 2.69%. Therefore, on July 1, 2025, the maximum assessment will thus be increased by 2.69%.
Since the maximum assessment is likely sufficient to cover the cost estimates for improvements and other expenses for Fiscal Year 2025-2026, an amount equal to only the total projected costs will be assessed on the property within the District. The assessment levy in future years may be any amount less than or equal to the maximum assessment in that year.
B.2 Collection Fees
The County Auditor/Controller also charges an additional 0.25% of the total amount assessed.
B.3 Reserve Collection/Transfer
The applicable law provides for a District Reserve Fund that provides for the collection of funds to cover District operations between July 1 (beginning of the Fiscal Year) and the date on which the County remits first installment of assessments collected from the property tax bills (typically January or February). Any negative amounts entries for this budget item represent transfers from the Reserve Fund to reduce the assessment in a given fiscal year. A fully funded Reserve enables the District to (i) cover operational expenses incurred in the six (6) months of the fiscal year, without any City funds from non-District accounts; and (ii) address any unforeseen or unusual expenditures that may occur during the year.
C Contributions from Other Sources
Proposition 218 provides that “an agency shall separate the general benefits from the special benefits conferred…” In accordance with that provision, it is determined that there will be no general benefit from the Improvements in Fiscal Year 2025-2026, as explained in Section VI of this Report.
D Annual Installments
The entire amount of the net assessment, as shown in Table 5 below, will be assessed in Fiscal Year 2025- 2026.
E Net Assessment
Pursuant to the foregoing, Table 5 shows the net amount to be assessed upon assessable lands within the District in Fiscal Year 2025-2026.
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10 SECTION IV
COST ESTIMATE
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II MAD No. 1, Annexation No. 1 www.FinanceDTA.com
Table 5: Net Assessment for Fiscal Year 2025-2026
Item Total Costs
Special
Benefit
Allocated
Net Assessment
Maintenance Costs (Direct)
Landscape Maintenance(Easements) $154,573 100% $154,573 Park Maintenance $101,100 100% $101,100
Street Lights $74,666 100% $74,666
Graffiti $22,174 100% $22,174
Administration Costs
City Administration $30,074 100% $30,074
District Administration $5,282 100% $5,282
Printing and Advertising $667 100% $667
County Collection $3,673 100% $3,673
Levy Adjustments
Capital Reserve Collection $0 100% $0
Operating Reserve Credit ($25,500) 100% ($25,500)
Net Assessment* $366,709 N/A $366,709
*Note: Figures may not sum due to rounding.
285
11 SECTION V
ASSESSMENT ROLL
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II MAD No. 1, Annexation No. 1 www.FinanceDTA.com
V ASSESSMENT ROLL
The Assessment Engineer has prepared an Assessment Roll for the District as required by applicable law, based upon the assessment methodology described in this Engineer’s Report. The Assessment Roll includes the net total assessment for Fiscal Year 2025-2026 and shows the Fiscal Year 2025-2026 assessment, assessment number, Assessor’s Parcel Number, and land use designation for each parcel.
The Assessment Roll, as provided in Appendix A, lists the Assessor’s Parcel Numbers within this Assessment District by assessment number. The assessment numbers appearing on the Assessment and the names and addresses of the property owners are as shown on the last equalized assessment roll for taxes or as known to the Assessor of Monterey County.
All parcel information has been provided to DTA by the City Public Works Department, the previous Assessment Engineer, and the County of Monterey.
286
12 SECTION VI
METHOD OF ASSESSMENT
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II MAD No. 1, Annexation No. 1 www.FinanceDTA.com
VI METHOD OF ASSESSMENT
A Background
Pursuant to the 1972 Act, the legislative body establishes and determines the “estimated benefit received” by each parcel from the Improvements.
In addition, Article XIIID of the California Constitution, added in November 1996 through the passage of Proposition 218 by voters of the State of California, requires, inter alia, that (i) only special benefits be assessable, (ii) no assessment may exceed the proportional special benefit conferred on the parcel assessed, and (iii) publicly owned parcels shall not be exempt from assessment unless clear and convincing evidence demonstrates that such publicly owned parcels receive no special benefits from the improvements for which the assessment is levied.
“Special benefit” is a particular and distinct benefit over and above general benefits conferred on real property located in the District or to the public at large. Importantly, the general enhancement of property value does not constitute special benefit. As such, this Engineer’s Report has been designed to comply with these requirements, as well as to incorporate recent California court decisions such as: Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (2008), Beutz v. County of Riverside (2010), Golden Hills Neighborhood Association v. City of San Diego (2011), and Concerned Citizens v. West Point Fire Protection District (2011).
Methodologically, it is necessary and essential to identify the special benefit that the improvements, facilities, and services will render to the properties within the District. It is also necessary that the properties receive a special and direct benefit as distinguished from benefit to the general public.
The Assessment Engineer is appointed for the purpose of analyzing the facts and determining the method and formula for apportionment of the assessment obligation to the benefited properties. For these proceedings, the City has retained the firm of DTA as the Assessment Engineer.
The Assessment Engineer makes his or her recommendation for the method of apportionment in this Engineer’s Report for consideration at the public hearing. However, the final authority and action rests with the City Council after hearing all testimony and evidence presented at the public hearing. Upon conclusion of the public hearing, the City Council must make the final action in determining that the assessment has been made in direct proportion to the special benefit received.
In determining the net amount to be assessed upon parcels within the District, Section 22573 of the California Streets and Highways Code states that such amount “may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” Proposition 218 further states that “no assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel,” where “special benefit” means “a particular and distinct benefit over and above general benefits conferred on real property located in the District or to the public at large.” This Section VI describes the methodology used to calculate the net amount to be assessed on each parcel within the District in proportion to the special 287
13 SECTION VI
METHOD OF ASSESSMENT
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II MAD No. 1, Annexation No. 1 www.FinanceDTA.com
benefit conferred on each such parcel.
B Benefits of Improvements
The special benefits associated with the local landscaping improvements are shown in the Table 6 below.
Table 6: Benefits from Landscaping Improvements
Landscaping Improvements
Enhanced desirability of properties through association with the improvements.
Improved aesthetic appeal of properties within the District providing a positive representation of the area.
Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping.
Environmental enhancement through improved erosion resistance, and dust and debris control.
Increased sense of pride in ownership of property within the District resulting from well-maintained improvements associated with the properties.
Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities including abatement of graffiti.
Enhanced environmental quality of the parcels within the District by moderating temperatures, providing oxygenation, and attenuating noise.
The special benefits of street lighting are the convenience, safety, and security of property, improvements, and goods as identified in Table 7 below.
Table 7: Benefits from Street Lighting Improvements
Street Lighting Improvements
Enhanced deterrence of crime and the aid to police protection.
Increased nighttime safety on roads and highways.
Improved ability of pedestrians and motorists to see.
Improved ingress and egress to property.
Reduced vandalism and other criminal acts and damage to improvements or property.
Improved traffic circulation and reduced nighttime accidents and personal property loss.
Increased promotion of business during nighttime hours in the case of commercial properties.
C Categories of Benefit
Proposition 218 provides that “an agency shall separate the general benefits from the special benefits conferred on a parcel,” where “Special Benefit means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large.” It is therefore necessary to establish definitions of General Benefit and Special Benefit as such terms relate to the benefit to be derived from the Improvements. The following special benefit allocation was determined at the time the District was formed.
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14 SECTION VI
METHOD OF ASSESSMENT
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II MAD No. 1, Annexation No. 1 www.FinanceDTA.com
C.1 Landscaping
Proper maintenance of landscaping and appurtenant facilities specially benefit parcels within the District by moderating temperatures, providing oxygenation, attenuating noise from adjacent streets, and controlling dust for those properties in close proximity to the landscaping, thereby enhancing the environmental quality of the parcels and making them more desirable;
Spraying and treating of landscaping for disease reduces the likelihood of insect infestation and other diseases spreading to landscaping located throughout the properties within the District; and
Proper maintenance of the landscaping, ornamental structures, and appurtenant facilities (i) reduces property-related crimes (especially vandalism) against properties in the District through the abatement of graffiti and the screening of properties within the Annexation from arterial streets; and (ii) improves the attractiveness of properties within the District and provides a positive visual experience.
C.2 Street Lighting
The special benefit from the maintenance, operation, and servicing of street lighting within the District only accrues to parcels within the District located in areas where such lighting is provided.
Therefore, parcels within the District, regardless of location, are considered to benefit from such improvements installed within the District.
C.3 Parks
The special benefit from the maintenance of park improvements is determined based on the potential use by the property owners within the District. Based on City standards, it has been determined that each parcel within the District will benefit from one-tenth (1/10) of each acre of developed parkland within the City. Using this projection, the total number of acres, and future population, only approximately 80% of the proposed parks maintenance within the Annexations will be assessed towards the Annexation parcels.
289
15 SECTION VI
METHOD OF ASSESSMENT
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II MAD No. 1, Annexation No. 1 www.FinanceDTA.com
As a result, properties in the District will receive 100% of the special benefits of the operation and maintenance of the Improvements. Importantly, because of the location of the Improvements within or close to the District itself, there is no general benefit to properties outside the District or the community as a whole. Any such general benefit is so incidental and negligible that it cannot be calculated for purposes of assessment.
D Allocation of Special Benefit to Parcels
Each fiscal year, the Maximum Assessment Rate per EDU plus the cost-of-living adjustment (CPI) will be determined, and be brought before the City Council for approval prior to the start of the fiscal year.
Additionally, improvements within the District will be reviewed to determine the extent of the improvements accepted for maintenance by the City. If it is determined that a portion of the improvements has either not been installed, or is installed but not accepted by the City for maintenance, a credit will be applied to Maximum Assessment rate per EDU. The credit will equal the portion of the annual maintenance costs associated with any improvements that have not been accepted for maintenance, and will be reflected in the final assessments placed on the County tax rolls for the fiscal year. This process will continue until such time that all improvements are complete and fully accepted by the City for maintenance.
As discussed previously, parcels in the District are the only parcels that derive special benefit from maintenance and operations and as such, must bear the cost of these activities. In accordance with the formation documents for the District, for each fiscal year the development status of parcels within the District will be reviewed to determine whether parcels are developed or vacant as described below. Each parcel within the District will then be assigned to one of the following four (4) categories based on that parcel’s development status:
D.1 Developed Accepted
This category includes parcels that have been developed and for which the City has accepted maintenance responsibilities. These parcels will be charged for their proportionate share of Total Direct Maintenance and Administration Expenses, based on each parcel’s share of the Maximum Assessment.
D.2 Developed Not Accepted
This category includes parcels that have been or are in the process of being developed and for which the City is not expecting to accept maintenance responsibilities in the upcoming fiscal year.
These parcels will be charged for their proportionate share of the Administration Expenses and Storm Drain Maintenance Expenses, based on each parcel’s share of the Maximum Assessment. 290
16 SECTION VI
METHOD OF ASSESSMENT
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II MAD No. 1, Annexation No. 1 www.FinanceDTA.com
D.3 No Development
This category includes parcels that have not been developed and the City is not expecting to accept maintenance responsibilities for the upcoming fiscal year. These parcels will be charged for their proportionate share of the Total Administration Expenses based on each parcel’s share of the Maximum Assessment.
D.4 Pending Annexation
This category includes parcels that are within the boundaries of the District but have not been annexed into the City. These parcels will not be charged for any expenses.
Importantly, Article XlllD provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. As a result, the following property will be considered exempt from the assessment: areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rightof-way, public greenbelts and public parkways, and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial, and institutional activities.
Each parcel in the District is assigned a weighting factor known as an Equivalent Dwelling Unit (“EDU”).
The following shows the EDU factors for each property type in the District:
Developed, Single-Family Residential = 1.0 EDU per Parcel Developed, Multi-Family Residential = 1.0 EDU per Unit
Vacant Land, Future Residential = 0.3 EDU per Acre
E Amount of Assessment
Pursuant to the foregoing, Table 8 below shows the net amount to be assessed upon assessable lands within the District in Fiscal Year 2025-2026.
Table 8: Fiscal Year 2025-2026 Assessment Rates in the District Assessment Per EDU
Fiscal Year 2024-2025
Assessment Per EDU
Fiscal Year 2025-2026
Max Assessment Per EDU
Fiscal Year 2025-2026
$610.57 $610.58 $1,397.46
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17 SECTION VI
METHOD OF ASSESSMENT
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II MAD No. 1, Annexation No. 1 www.FinanceDTA.com
Table 9: Fiscal Year 2025-2026 Cost Estimate
Description Total Amount ($)
Special Benefit
Apportioned to
District
Fiscal Year 2025-2026
Total Budget
(Amount Funded to District)
(A) Direct Cost a b c
Operating Expenses
Landscape Maintenance (Easements) $154,573.45 100% $154,573.45 Park Maintenance $101,100.00 100% $101,100.00
Street Lights $74,665.86 100% $74,665.86
Graffiti $22,173.71 100% $22,173.71
Operating Reserve Fund Collection $0.00 100% $0.00
(B) Administration
City Administration $30,074.13 100% $30,074.13
District Administration $5,281.84 100% $5,281.84
Printing and Advertising $666.69 100% $666.69
County Collection $3,673.18 100% $3,673.18
Subtotal (A+B) $392,208.87 NA $392,209
(C) Levy Adjustments
Capital Reserve Collection $0.00
Operating Reserve Credit ($25,500.00)
Balance to Levy (A+B+C) NA NA $366,708.87
(D) District Assessment
Total EDUs Count 600.58
Total Parcels Count 665
Total Parcels Levied 665
FY 2025-2026 Calculated Assessment per EBU $610.58
FY 2025-2026 Maximum Assessment per EBU $1,397.46
FY 2025-2026 Maximum Levy $839,288.31
(E) Fund Balance Information
Beginning Fund Balance FY 2025 -2026 $1,352,861.88
Reserve Fund Adjustments ($25,500.00)
Anticipated Ending Balance FY 2025-2026 $1,327,361.88
City of Soledad
Engineer's Report
Parks and Open Space Maintenance Assessment District No. 1, Annexation No. 1, Orchard Villas/Miravale II - Fund #651 Fiscal Year 2025-2026 Cost Estimate
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18 SECTION VII
ASSESSMENT DIAGRAM AND BOUNDARY
MAP
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II MAD No. 1, Annexation No. 1 www.FinanceDTA.com
VII ASSESSMENT DIAGRAM AND BOUNDARY MAP
The boundary map for the District has been previously approved and submitted to the City in the format required by the 1972 Act and is on file in the Office of the City Clerk.
The parcels within the District generally consist of the lots, parcels, and subdivisions of land found within the following Assessment Diagram and are based on the Monterey County Assessor’s Maps and the Monterey County Assessor’s information that existed at the time this Report was prepared.
Figure 1: Assessment Diagram
293
19 SECTION VIII
TERMINATION OF DISTRICT/LIMITATIONS
OF REPORT
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II MAD No. 1, Annexation No. 1 www.FinanceDTA.com
VIII TERMINATION OF DISTRICT/LIMITATIONS OF REPORT
A Termination of District
Assessments associated with the District will be levied each Fiscal Year until the District is dissolved by the City Council.
B Limitations of Report
The conclusions, calculations, and recommendations in this Report rely on the substantial data and information provided to DTA at the time of the writing of the Report by the following parties:
1. City of Soledad, specifically the Public Works Department;
2. The previous Assessment Engineer; and
3. The County of Monterey.
294
APPENDIX A
City of Soledad
Orchard Villas/Miravale II
Parks and Open Space Maintenance Assessment District No. 1 Annexation No. 1
Fiscal Year 2025-2026
ASSESSMENT ROLL
295
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DRAFT – FOR REVIEW
RESOLUTION NO. 6256
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD ORDERING
THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE BENEFIT ASSESSMENT DISTRICT NO. 2 (ORCHARD VILLAS/MIRAVALE II) FOR FISCAL YEAR 2025/2026
The City Council of the City of Soledad, California (hereinafter referred to as the “City”) does resolve as follows:
WHEREAS, the City Council has by previous Resolutions initiated proceedings and declared its intention to levy assessments for the Benefit Assessment District No. 2, Orchard Villas/Miravale II (hereafter referred to as the “District”) for the fiscal year commencing July 1, 2025 and ending June 30, 2026 pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 6.4 of Part 1 of Division 2, Article 4 of the Government Code of California, beginning with Section 54703 (hereafter referred to as the "Act") to pay the costs and expenses of operating, maintaining, and servicing improvements and facilities located within public places within the boundaries of the District; and,
WHEREAS, DTA has prepared and filed with the City Clerk, and the City Clerk has presented to the Council, the Engineer’s Annual Levy Report (hereafter referred to as the “Report”) for the District that describes the District and the proposed levy and collection of assessments upon eligible parcels of land within the District, and the Council did by previous Resolution preliminarily approve such Report; and,
WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2025 and ending June 30, 2026 to pay the costs and expenses of operating, maintaining, and servicing improvements and facilities located within the boundaries of the District; and,
WHEREAS, this City and DTA have reviewed the provisions of Section XIIID of the California State Constitution and found that the proposed assessments comply with these provisions.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY
THE CITY COUNCIL OF THE CITY OF SOLEDAD FOR THE BENEFIT ASSESSMENT DISTRICT NO. 2 (ORCHARD VILLAS/MIRAVALE II) AS FOLLOWS:
Section 1 Following notice duly given, the City Council has held a full and fair Public Hearing regarding the District, the levy and collection of assessments, the Report prepared in connection therewith, and considered all oral and written statements, protests, and communications made or filed by interested persons regarding these matters.
Section 2 Based upon its review (and amendments, as applicable) of the Report, the City Council hereby finds and determines that:
i) the land within the District will receive special benefit by the operation, maintenance, and servicing of improvements and facilities located in public places within the boundaries of the District; and,
297
DRAFT – FOR REVIEW
ii) the District includes all of the lands so benefited; and, iii) the net amount to be assessed upon the lands within the District in accordance with the fee for the fiscal year commencing July 1, 2025 and ending June 30, 2026 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the estimated benefits to be received by each parcel from the improvements and services. This Fiscal Year assessment for the Benefit Assessment District No. 2 (Orchard Villas/Miravale II) is $288.72 per parcel.
Section 3 The Report and assessments as presented to the City Council and on file in the Office of the City Clerk are hereby confirmed as filed and approved by the City Council.
Section 4 The maintenance, operation, and servicing of the improvements and appurtenant facilities shall be performed pursuant to the Act. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as follows: the maintenance and operation including street sweeping, storm drain lines, Bryant Canyon Storm Drainage Channel as well as the onsite and offsite storm drain system, necessary cleaning, repairs, replacement, electric current, supervision, debris removal, engineering and inspection, and any and all other items of work necessary and incidental for the proper maintenance and operation thereof.
Assessments for the District are also being levied to provide funding for the maintenance, operation, and servicing storm retention pond silt removal, bank stabilization and restoring percolation, including necessary cleaning, repairs, replacement, electric current, supervision, debris removal, engineering and inspection, and any other items of work necessary and incidental for the proper maintenance and operation thereof. The Report describes all new improvements or substantial changes in existing improvements.
Section 5 The County Auditor of the County of Monterey shall enter on the County Assessment Roll opposite each eligible parcel of land the amount of levy so apportioned by the formula and method outlined in the Report, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.
Section 6 The City Finance Director shall deposit all money representing assessments collected by the County for the District to the credit of a fund known as the "Improvement Fund, City of Soledad, Benefit Assessment District No. 2 (Orchard Villas/Miravale II) and such monies shall be expended only for the maintenance, operation, and servicing improvements and facilities as described in Section 4.
Section 7 The adoption of this Resolution constitutes the District levy for the fiscal year commencing July 1, 2025 and ending June 30, 2026.
Section 8 The City Clerk or their designate is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution pursuant to Chapter 4, Article 1, Section 22641 of the Act.
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DRAFT – FOR REVIEW
PASSED, APPROVED and ADOPTED this 2
nd day of July 2025 by the
following vote:
AYES, and in favor thereof, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
___________________________________
ANNA M. VELAZQUEZ, Mayor
ATTEST:
____________________________________
MEGAN HUNTER, City Manager
299
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FINAL ENGINEER’S REPORT
ORCHARD VILLAS/MIRAVALE II
BENEFIT ASSESSMENT DISTRICT NO. 2
FUND #652
CITY OF SOLEDAD | COUNTY OF MONTEREY
Beginning Fiscal Year: 2025-2026
Intent Meeting: June 4, 2025
Public Hearing: July 2, 2025
Resolution No. 6256
300
www.FinanceDTA.com
99 Almaden Blvd., Suite 875
San Jose, CA 95113
CITY COUNCIL AND STAFF
MAYOR
Anna M. Velazquez
COUNCIL MEMBERS
Ben Caldera
Fernando Cabrera
Fernando Ansaldo-Sanchez
Evarista Banuelos
PUBLIC WORKS DIRECTOR
Donald Wilcox, P.E.
PROFESSIONAL SERVICES
ASSESSMENT ENGINEERING
Stephen A. Runk, P.E.
DTA
301
TABLE
OF CONTENTS
SECTION PAGE
I AFFIDAVIT AND CERTIFICATES.................................... 1 II ENGINEER’S REPORT .................................................. 3 III PLANS AND SPECIFICATIONS ...................................... 5 A Description of the District..................................................5 B District Improvements, Facilities, and Services...................5 IV COST ESTIMATE ......................................................... 7 A Costs of Improvements......................................................7 B Annual Cost Indexing.........................................................8 C Contributions from Other Sources......................................9 D Annual Installments.........................................................10 E Net Assessment...............................................................10 V ASSESSMENT ROLL................................................... 11 VI METHOD OF ASSESSMENT ....................................... 12 A Background.....................................................................12 B Benefits of Improvements ...............................................13 C Categories of Benefit.......................................................13 D Allocation of Special Benefit to Parcels ............................13 E Amount of Assessment....................................................14
VII ASSESSMENT DIAGRAM AND BOUNDARY
MAP ........................................................................ 17
VIII TERMINATION OF DISTRICT/LIMITATIONS OF
REPORT ................................................................... 18 A Termination of District.....................................................18 B Limitations of Report.......................................................18
APPENDICES
APPENDIX A ASSESSMENT ROLL
302
1 SECTION I
AFFIDAVIT AND CERTIFICATES
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II BAD No. 2 www.FinanceDTA.com
I AFFIDAVIT AND CERTIFICATES
CITY OF SOLEDAD BENEFIT ASSESSMENT DISTRICT NO. 2
ORCHARD VILLAS/MIRAVALE II
This Engineer’s Report (“Report”) and the enclosed descriptions, budget, and assessment diagram outlines the District and includes the proposed assessments for each lot, parcel, and subdivision of land within said District to be levied for Fiscal Year 2025-2026 as they existed at the time of the passage of the Resolution of Intention.
Reference is hereby made to the Monterey County Assessor’s Maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed report as directed by the City Council.
Dated this ______ day of ______________, 2025.
DTA
Assessment Engineer
On Behalf of the City of Soledad
By: __________________________________________
Kuda Wekwete
Project Manager
By: __________________________________________
Stephen A. Runk, P.E.
License Number: C23473
303
2 SECTION I
AFFIDAVIT AND CERTIFICATES
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II BAD No. 2 www.FinanceDTA.com
CITY OF SOLEDAD BENEFIT ASSESSMENT DISTRICT NO. 2
ORCHARD VILLAS/MIRAVALE II
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Diagram thereto attached, was filed with me on the ________ day of ____________, 2025.
By: _____________________________
Megan Hunter, City Manager
City of Soledad, Monterey County
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Diagram thereto attached, was approved and confirmed by the City Council of the City of Soledad, California, on the ______ day of _____________, 2025.
By: _____________________________
Megan Hunter, City Manager
City of Soledad, Monterey County
304
3 SECTION II
ENGINEER’S REPORT
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II BAD No. 2 www.FinanceDTA.com
II ENGINEER’S REPORT
WHEREAS, the City Council of the City of Soledad (“City”), pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 64 of Division 2 of the California Government Code (“1982 Act”), adopted its resolution (“Resolution”) initiating proceedings for the levy of Fiscal Year 2025-2026 assessments against properties in the City of Soledad Benefit Assessment District No. 2 (the “District”) to fund maintenance and operation street and storm drain improvements that have been determined to specially benefit the District (“Improvements”).
WHEREAS, the Resolution designates DTA as Assessment Engineer and directed the Assessment Engineer to prepare and file a report (“Engineer’s Report” or “Report”) pursuant to the 1982 Act and Article XIIID of the California Constitution (“Proposition 218”).
This Report includes the following sections:
Plans and Specifications – Plans and specifications for services to be provided. Plans and specifications are a part of this Report whether or not separately bound.
Cost Estimate – An estimate of the annual cost of services to be provided. Also included, are administrative and incidental costs that include maintenance, reserve, repairs, and rehabilitation expenses.
Assessment Roll – An assessment roll, showing the amount to be assessed against each parcel of real property within this District and the names and addresses of the property owners. An Assessor’s Parcel number or other designation describes each parcel. Each parcel is also assigned an “assessment number” that links the Assessment Roll to the Assessment Diagram.
Method of Assessment – A statement of the method by which the Assessment Engineer determined the amount to be assessed against each parcel, based on special benefits to be derived by each parcel from the services.
Assessment Diagram – A diagram showing all of the parcels of real property to be assessed within this District. The diagram corresponds with the Assessment Roll by assessment number.
Termination of District/Limitations of Report – A statement as to the duration of the District and the accuracy of the data and information necessary for the development of this annual Report.
NOW THEREFORE, the undersigned, acting as an agent for DTA, Assessment Engineer for the District, by virtue of the power vested under the 1982 Act and the order of the City, hereby submits this Engineer’s Report and makes the following assessment to cover the portion of the estimated costs of the Improvements, including the incidental costs and expenses, to be paid by the District.
The net assessment in Fiscal Year 2025-2026 is summarized in Table 1. 305
4 SECTION II
ENGINEER’S REPORT
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II BAD No. 2 www.FinanceDTA.com
Table 1: Net Assessment for Fiscal Year 2025-2026
Item Amount
Maintenance Costs $27,542
Capital Improvement Costs $30,000
Administration Costs $39,489
Levy Adjustments (Reserve Fund Debit) $76,368
Net Assessment* $173,399
*Note: Figures may not sum due to rounding.
DTA does hereby assess the net amount to be assessed upon all assessable lots or parcels of land within the District by apportioning the amount allocable among the several lots or parcels of each in proportion to the estimated special benefits to be received by each such lot or parcel from the Improvements, as more particularly set forth in the list attached as Appendix A (“Assessment Roll”) and by this reference made as part of this Engineer’s Report. The District diagram appearing herein is a representation of the assessment diagram that was approved by resolution of the City Council. Reference is hereby made to the Assessor’s Maps of the County of Monterey for Fiscal Year 2025-2026 for a more particular description of the properties within the District. Each parcel of land assessed is described on the Assessment Roll by reference to its parcel number as shown on the County of Monterey Assessment Roll.
DTA
Kuda Wekwete Date
Project Manager
Stephen A. Runk, P.E. Date
License Number: C23473
306
5 SECTION III
PLANS AND SPECIFICATIONS
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II BAD No. 2 www.FinanceDTA.com
III PLANS AND SPECIFICATIONS
The plans, specifications, and studies of the Improvements for this District are voluminous and will not be bound in this Report, but by this reference are incorporated as if attached to this Report. The plans and specifications are on file with the City of Soledad and/or the County of Monterey, California.
A Description of the District
The District is generally located between Orchard Lane and Granada Street, south of Gabilan Drive, west of Bryant Canyon Road, and east of Orchard Lane. A District diagram incorporated herein under Section VII of this Report outlines the boundaries of the District. This diagram incorporates all lots, parcels, and subdivisions of land within the District as the same existed at the time this Report was prepared, a complete listing of which is provided in Appendix A of this Report.
B District Improvements, Facilities, and Services
The following descriptions, provided in the formation documents of the District, identify the types of improvements that will be maintained by the District. Detailed maps and descriptions of these improvements are on file with the City and are available for inspection in the office of the City Engineer and have been incorporated into this Report by reference.
B.1 Street and Storm Drain Improvements
The maintenance and operation of the improvements located on the streets within the District includes the following: street sweeping, storm drain lines, including necessary cleaning, repairs, replacement, electric current, supervision, debris removal, engineering and inspection, and any and all other items of work necessary and incidental for the proper maintenance and operation thereof. Additionally, maintenance and operation includes all additions, improvements, and enlargements which may be made on the previously described work within the following streets and on appurtenant improvement plans.
The improvements that are covered under the maintenance and operations of the District are located on the following streets:
Serra Court, Rusconi Court, Villas Street, Camino Arroyo, Luchessa Way, Orchard Lane, Tomasini Trail, Davalos Land, Tankersley Street, Luna Drive, Calle Val Verde, Liberty Court, and Liberty Way located in Orchard Villas; and
Santa Clara, Binsacca, San Rafael, Westcott, San Gabriel, Pura, La Colina Street, Jones, San Antonio Bryant Canyon Road, Gabilan Drive, Rojos Way, Rusconi Court, Asilomar Street, Rusconi Court, Orchard Lane, and currently un-named streets located in Miravale II. 307
6 SECTION III
PLANS AND SPECIFICATIONS
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II BAD No. 2 www.FinanceDTA.com
Additionally, District maintenance and operations include the Bryant Canyon Storm Drainage Channel as well as the onsite and offsite storm drain system.
B.2 Storm Water Improvements
Maintenance and operation includes storm retention pond, necessary cleaning, repairs, replacement, electric current, supervision, debris removal, pest abatement, engineering and inspection, and any and all other items of work necessary and incidental for the proper maintenance and operation thereof. Additionally, maintenance and operation includes all additions, improvements, and enlargements which may be made on the previously described work within the following area and on appurtenant improvement plans.
The improvements that are covered under the maintenance and operations of the District are located in Miravale II, and include an 8-acre underground storm water retention facility, shown on the approved improvement plans for the Miravale II subdivision and any subsequent revisions.
B.3 Incidental and Other Expenses
Incidental costs include contingencies and District incidentals such as engineering, printing, notices to property owners, collection costs, legal fees, administration, and supervision. 308
7 SECTION IV
COST ESTIMATE
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II BAD No. 2 www.FinanceDTA.com
IV COST ESTIMATE
Applicable law requires the Engineer’s Report to contain an estimate of the costs of the Improvements for Fiscal Year 2025-2026, including estimates of (i) the total costs for Improvements for Fiscal Year 2025- 2026, including incidental expenses, (ii) the amount of any surplus in the improvement fund to be carried over from a previous Fiscal Year, (iii) the amount of any contributions to be made from sources other than assessments levied pursuant to this part, (iv) the amount, if any, of the annual installment for the Fiscal Year where the legislative body has ordered an assessment for the estimated cost of any improvements to be levied and collected in annual installments, and (v) the net amount to be assessed upon assessable lands within the District. Estimates of these amounts are provided below.
The following describes the costs that are funded through the District.
A Costs of Improvements
A.1 Projected Annual Maintenance Costs & Capital Improvement Costs Included in the City’s Public Works Department Budget Request are estimated costs for the annual maintenance, servicing, and funding of all improvements within the District. District direct maintenance expenses are estimated at $27,542 for Fiscal Year 2025-2026 as shown in Table 2a below. District’s direct capital improvement costs are estimated at $30,000 for Fiscal Year 2025- 2026 as shown in Table 2b below.
Table 2a: Projected Annual Direct Maintenance Costs
Item Description Cost Estimate
Detention Basin Maintenance $3,978
Storm Drain Maintenance $4,546
Bryant Canyon Channel $5,898
Street Sweeping $11,642
Engineering Inspection $1,478
Total* $27,542
*Note: Figures may not sum due to rounding.
Table 3b: Projected Capital Improvement Costs
Item Description Cost Estimate
Crack Seal / Slurry Seal Project* $30,000
Total* $30,000
*Funded by the available funds in the capital reserve account.
A.2 Projected Annual Administration Costs
In addition to the costs listed above, there will be costs attributed to the administration of the 309
8 SECTION IV
COST ESTIMATE
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II BAD No. 2 www.FinanceDTA.com
District. As shown in Table 3, the District administration costs are estimated to be $39,489 for Fiscal Year 2025-2026. These costs are summarized below.
Table 4: Projected Annual Administration Costs
Item Description Cost Estimate
City Administration $29,866
District Administration $5,282
Printing and Advertising $680
County Collection $3,662
Total* $39,489
*Note: Figures may not sum due to rounding.
A.3 Projected Annual Levy Adjustment
Finally, in addition to the costs listed above, certain levy adjustments will be made to account for any operating reserve credits or required capital collection to the District’s reserve fund. As shown in Table 4, an Operating Reserve Credit of $31,245 and Capital Reserve Credit of $30,000. have been applied to offset the required Capital Reserve Collection of $137,613. Therefore, a net total of $76,368 Reserve Fund collection has been applied to the Fiscal Year 2025-2026 assessment.
Table 5: Projected Annual Levy Adjustment
Item Description Cost Estimate
Capital Reserve Collection $137,613
Operating Reserve Credit ($31,245)
Capital Reserve Credit ($30,000)
Total $76,368
*Note: Figures may not sum due to rounding.
B Annual Cost Indexing
B.1 City/District Administration, Printing, and Advertising With the passage of Proposition 218, any proposed increase in assessments must be approved by impacted property owners via a mail ballot and public hearing process, similar to these proceedings. A weighted simple majority of ballots received (weighted according to each parcel’s proportionate assessment obligation) must be affirmative for the City Council to confirm and levy the increased assessments. For small assessment districts or districts with relatively low dollar assessments, the cost of an Engineer’s Report, balloting, and the public hearing process can potentially exceed the total amount of the increase. The incidental costs of these proceedings may be added to the assessments, resulting in even higher assessments. 310
9 SECTION IV
COST ESTIMATE
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II BAD No. 2 www.FinanceDTA.com
Therefore, indexing assessments annually to the published “San Francisco Consumer Price Index for Urban Consumers” (“SF CPI”) allows for minor increases in normal maintenance and operating costs, without incurring the costs of ballot proceedings required by Proposition 218. Any other significant changes to the District (e.g., increases in service, modification of the boundary, etc.) would still require Proposition 218 proceedings and, ultimately, property owner approval.
Thus, on each July 1, commencing on July 1, 2007, the maximum authorized unit assessment rates established in these proceedings will be indexed (increased) annually by a factor equal to the published SF CPI from the preceding Fiscal Year.
The most recent data for the increase in the SF CPI is the increase between February 2024 and February 2025 and shows an increase equal to 2.69%. Therefore, on July 1, 2025, the maximum assessment will thus be increased by 2.69%.
Since the maximum assessment is likely sufficient to cover the cost estimates for improvements and other expenses for Fiscal Year 2025-2026, an amount equal to only the total projected costs will be assessed on the property within the District. The assessment levy in future years may be any amount less than or equal to the maximum assessment in that year.
B.2 Collection Fees
The County Auditor/Controller also charges an additional 0.25% of the total amount assessed.
B.3 Reserve Collection/Transfer
The applicable law provides for a District Reserve Fund that provides for the collection of funds to cover District operations between July 1 (beginning of the Fiscal Year) and the date on which the County remits first installment of assessments collected from the property tax bills (typically January or February). Any negative amounts entries for this budget item represent transfers from the Reserve Fund to reduce the assessment in a given fiscal year. A fully funded Reserve enables the District to (i) cover operational expenses incurred in the six (6) months of the fiscal year, without any City funds from non-District accounts; and (ii) address any unforeseen or unusual expenditures that may occur during the year.
C Contributions from Other Sources
Proposition 218 provides that “an agency shall separate the general benefits from the special benefits conferred…” In accordance with that provision, it is determined that there will be no general benefit from the Improvements in Fiscal Year 2025-2026, as explained in Section VI of this Report. 311
10 SECTION IV
COST ESTIMATE
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II BAD No. 2 www.FinanceDTA.com
D Annual Installments
The entire amount of the net assessment, as shown in Table 5 below, will be assessed in Fiscal Year 2025- 2026.
E Net Assessment
Pursuant to the foregoing, Table 5 shows the net amount to be assessed upon assessable lands within the District in Fiscal Year 2025-2026.
Table 6: Net Assessment for Fiscal Year 2025-2026
Item Total Costs Special Benefit
Allocated Net Assessment
Maintenance Costs (Direct)
Detention Basin Maintenance $3,978 100% $3,978
Storm Drain Maintenance $4,546 100% $4,546
Bryant Canyon Channel $5,898 100% $5,898
Street Sweeping $11,642 100% $11,642
Engineering Inspection $1,478 100% $1,478
Capital Improvement Costs (Direct)
Crack Seal / Slurry Seal Project** $30,000 100% $30,000 Administration Costs
City Administration $29,866 100% $29,866
District Administration $5,282 100% $5,282
Printing and Advertising $680 100% $680
County Collection $3,662 100% $3,662
Levy Adjustments
Capital Reserve Collection $137,613 100% $137,613
Operating Reserve Credit ($31,245) 100% ($31,245)
Capital Reserve Credit ($30,000) 100% ($30,000)
Net Assessment* $173,399 N/A $173,399
*Note: Figures may not sum due to rounding.
**Funded by the available funds in the capital reserve account. 312
11 SECTION V
ASSESSMENT ROLL
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II BAD No. 2 www.FinanceDTA.com
V ASSESSMENT ROLL
The Assessment Engineer has prepared an Assessment Roll for the District as required by applicable law, based upon the assessment methodology described in this Engineer’s Report. The Assessment Roll includes the net total assessment for Fiscal Year 2025-2026 and shows the Fiscal Year 2025-2026 assessment, assessment number, Assessor’s Parcel Number, and land use designation for each parcel.
The Assessment Roll, as provided in Appendix A, lists the Assessor’s Parcel Numbers within this Assessment District by assessment number. The assessment numbers appearing on the Assessment and the names and addresses of the property owners are as shown on the last equalized assessment roll for taxes or as known to the Assessor of Monterey County.
All parcel information has been provided to DTA by the City Public Works Department, the previous Assessment Engineer, and the County of Monterey.
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12 SECTION VI
METHOD OF ASSESSMENT
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II BAD No. 2 www.FinanceDTA.com
VI METHOD OF ASSESSMENT
A Background
Pursuant to the 1982 Act, the legislative body establishes and determines the “estimated benefit received” by each parcel from the Improvements.
In addition, Article XIIID of the California Constitution, added in November 1996 through the passage of Proposition 218 by voters of the State of California, requires, inter alia, that (i) only special benefits be assessable, (ii) no assessment may exceed the proportional special benefit conferred on the parcel assessed, and (iii) publicly owned parcels shall not be exempt from assessment unless clear and convincing evidence demonstrates that such publicly owned parcels receive no special benefits from the improvements for which the assessment is levied.
“Special benefit” is a particular and distinct benefit over and above general benefits conferred on real property located in the District or to the public at large. Importantly, the general enhancement of property value does not constitute special benefit. As such, this Engineer’s Report has been designed to comply with these requirements, as well as to incorporate recent California court decisions such as: Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (2008), Beutz v. County of Riverside (2010), Golden Hills Neighborhood Association v. City of San Diego (2011), and Concerned Citizens v. West Point Fire Protection District (2011).
Methodologically, it is necessary and essential to identify the special benefit that the improvements, facilities, and services will render to the properties within the District. It is also necessary that the properties receive a special and direct benefit as distinguished from benefit to the general public.
The Assessment Engineer is appointed for the purpose of analyzing the facts and determining the method and formula for apportionment of the assessment obligation to the benefited properties. For these proceedings, the City has retained the firm of DTA as the Assessment Engineer.
The Assessment Engineer makes his or her recommendation for the method of apportionment in this Engineer’s Report for consideration at the public hearing. However, the final authority and action rests with the City Council after hearing all testimony and evidence presented at the public hearing. Upon conclusion of the public hearing, the City Council must make the final action in determining that the assessment has been made in direct proportion to the special benefit received.
In determining the net amount to be assessed upon parcels within the District, Section 22573 of the California Streets and Highways Code states that such amount “may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” Proposition 218 further states that “no assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel,” where “special benefit” means “a particular and distinct benefit over and above general benefits conferred on real property located in the District or to the public at large.” This Section VI describes the methodology used to calculate the net amount to be assessed on each parcel within the District in proportion to the special 314
13 SECTION VI
METHOD OF ASSESSMENT
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II BAD No. 2 www.FinanceDTA.com
benefit conferred on each such parcel.
B Benefits of Improvements
The benefits associated with District Improvements are shown in the Table 6 below.
Table 7: Benefits from Street/Storm Drain Improvements
Street/Storm Drain Improvements
Alleviation of excess water during periods of rain.
Safe and efficient movement of people and goods within motor vehicles.
Development of parcels in the District contingent on completion of Improvements.
C Categories of Benefit
Proposition 218 provides that “an agency shall separate the general benefits from the special benefits conferred on a parcel,” where “Special Benefit means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large.” It is therefore necessary to establish definitions of General Benefit and Special Benefit as such terms relate to the benefit to be derived from the Improvements.
The Improvements to be maintained and operated in the District were within or in areas in close proximity to properties in the District. As a result, properties in the District will receive 100% of the special benefits of the operation and maintenance of the Improvements. These benefits include enhanced neighborhood health and safety, improved quality of life from drainage, flood control and street improvements, protection of improved property, enhanced comfort, and increased desirability of the immediate surroundings of the residential units within the District. Importantly, because of the location of the improvements within or close to the District itself, there is no general benefit to properties outside the District or the community as a whole. Any such general benefit is so incidental and negligible (less than 1%) that it cannot be calculated for purposes of assessment.
D Allocation of Special Benefit to Parcels
Each fiscal year, the Maximum Assessment Rate per EDU plus the cost-of-living adjustment (CPI) will be determined, and be brought before the City Council for approval prior to the start of the fiscal year.
Additionally, improvements within the District will be reviewed to determine the extent of the improvements accepted for maintenance by the City. If it is determined that a portion of the improvements has either not been installed, or is installed but not accepted by the City for maintenance, a credit will be applied to Maximum Assessment rate per EDU. The credit will equal the portion of the annual maintenance costs associated with any improvements that have not been accepted for maintenance, and will be reflected in the final assessments placed on the County tax rolls for the fiscal year. This process will continue until such time that all improvements are complete and fully accepted by the City for maintenance.
As discussed previously, parcels in the District are the only parcels that derive special benefit from maintenance and operations and as such, must bear the cost of these activities. In accordance with the formation documents for the District, for each fiscal year the development status of parcels within the 315
14 SECTION VI
METHOD OF ASSESSMENT
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II BAD No. 2 www.FinanceDTA.com
District will be reviewed to determine whether parcels are developed or vacant as described below. Each parcel within the District will then be assigned to one of the following four (4) categories based on that parcel’s development status:
D.1 Developed Accepted
This category includes parcels that have been developed and for which the City has accepted maintenance responsibilities. These parcels will be charged for their proportionate share of Total Direct Maintenance and Administration Expenses, based on each parcel’s share of the Maximum Assessment.
D.2 Developed Not Accepted
This category includes parcels that have been or are in the process of being developed and for which the City is not expecting to accept maintenance responsibilities in the upcoming fiscal year.
These parcels will be charged for their proportionate share of the Administration Expenses and Storm Drain Maintenance Expenses, based on each parcel’s share of the Maximum Assessment.
D.3 No Development
This category includes parcels that have not been developed and the City is not expecting to accept maintenance responsibilities for the upcoming fiscal year. These parcels will be charged for their proportionate share of the Total Administration Expenses based on each parcel’s share of the Maximum Assessment.
D.4 Pending Annexation
This category includes parcels that are within the boundaries of the District but have not been annexed into the City. These parcels will not be charged for any expenses.
Importantly, Article XlllD provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. As a result, the following property will be considered exempt from the assessment: areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rightof-way, public greenbelts and public parkways, and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial, and institutional activities.
Each parcel in the District is assigned a weighting factor known as an Equivalent Dwelling Unit (“EDU”).
The following shows the EDU factors for each property type in the District:
Developed, Single-Family Residential = 1.0 EDU per Parcel Developed, Multi-Family Residential = 1.0 EDU per Unit
Vacant Land, Future Residential = 0.3 EDU per Acre
E Amount of Assessment
Pursuant to the foregoing, Table 7 below shows the net amount to be assessed upon assessable lands within the District in Fiscal Year 2025-2026.
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15 SECTION VI
METHOD OF ASSESSMENT
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II BAD No. 2 www.FinanceDTA.com
Table 8: Fiscal Year 2025-2026 Assessment Rates in the District Assessment Per EDU
Fiscal Year 2024-2025
Assessment Per EDU
Fiscal Year 2025-2026
Max Assessment Per EDU
Fiscal Year 2025-2026
$281.16 $288.72 $288.72
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16 SECTION VI
METHOD OF ASSESSMENT
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II BAD No. 2 www.FinanceDTA.com
Table 9: Fiscal Year 2025-2026 Cost Estimate
D escription Total Am ount ($)
Special Benefit
Apportioned to
D istrict
Fiscal Year 2025-2026
Total Budget
(Am ount Funded to D istrict)
(A) D irect C ost
O perating Expenses
D etention Basin M aintenance $3,978.47 100% $3,978.47
Storm D rain M aintenance $4,545.66 100% $4,545.66
Bryant C anyon C hannel $5,897.65 100% $5,897.65
Street Sw eeping $11,641.61 100% $11,641.61
Engineering Inspection $1,478.49 100% $1,478.49
(B) C apital Im provem ent C ost
C rack Seal / Slurry Seal Project* $30,000.00 100% $30,000.00 (C ) Adm inistration
C ity Adm inistration $29,865.83 100% $29,865.83
D istrict Adm inistration $5,281.84 100% $5,281.84
Printing and Advertising $680.08 100% $680.08
C ounty C ollection $3,661.74 100% $3,661.74
Subtotal (A+B) $97,031.38 NA $97,031.38
(D ) Levy Adjustm ents
C apital Reserve C ollection $137,613.41
O perating Reserve C redit ($31,244.96)
C apital Reserve Transfer O ut ($30,000.00)
Balance to Levy (A+B+C ) NA NA $173,399.83
(E) D istrict Assessm ent
Total ED U s C ount 600.58
Total Parcels C ount 665
Total Parcels Levied 665
FY 2025-2026 C alculated Assessm ent per EBU $288.72
FY 2025-2026 M axim um Assessm ent per EBU $288.72
FY 2025-2026 M axim um Levy $173,399.83
(F) Fund Balance Inform ation
Beginning Reserve Fund Balance FY (2025 -2026) $871,587.75 Reserve Fund Adjustm ents $76,368.45
Anticipated Ending Balance in Reserve Fund FY (2025-2026) $947,956.20 *Funded by the available funds in the capital reserve account.
City of Soledad
Engineer's Report
Benefit Assessm ent D istrict N o.2, O rchard Villas/M iravale II - Fund #652 Fiscal Year 2025-2026 Cost Estim ate
318
17 SECTION VII
ASSESSMENT DIAGRAM AND BOUNDARY
MAP
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II BAD No. 2 www.FinanceDTA.com
VII ASSESSMENT DIAGRAM AND BOUNDARY MAP
The boundary map for the District has been previously approved and submitted to the City in the format required by the 1982 Act and is on file in the Office of the City Clerk.
The parcels within the District generally consist of the lots, parcels, and subdivisions of land found within the following District Diagram and are based on the Monterey County Assessor’s Maps and the Monterey County Assessor’s information that existed at the time this Report was prepared.
Figure 1: District Diagram
319
18 SECTION VIII
TERMINATION OF DISTRICT/LIMITATIONS
OF REPORT
City of Soledad July 2, 2025
FINAL Engineer’s Report for Orchard Villas/Miravale II BAD No. 2 www.FinanceDTA.com
VIII TERMINATION OF DISTRICT/LIMITATIONS OF REPORT
A Termination of District
Assessments associated with the District will be levied each Fiscal Year until the District is dissolved by the City Council.
B Limitations of Report
The conclusions, calculations, and recommendations in this Report rely on the substantial data and information provided to DTA at the time of the writing of the Report by the following parties:
1. City of Soledad, specifically the Public Works Department;
2. The previous Assessment Engineer; and
3. The County of Monterey.
320
APPENDIX A
City of Soledad
Orchard Villas/Miravale II
Benefit Assessment District No. 2
Fiscal Year 2025-2026
ASSESSMENT ROLL
321
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322
DRAFT – FOR REVIEW
RESOLUTION NO. 6257
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD ORDERING
THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE RANCHO SAN
VICENTE PARKS AND OPEN SPACES MAINTENANCE ASSESSMENT DISTRICT FOR FISCAL YEAR 2025/2026
The City Council of the City of Soledad (hereinafter referred to as the “City”) does resolve as follows:
WHEREAS, the City Council has by previous Resolutions initiated proceedings and declared its intention to levy assessments for the Rancho San Vicente Parks and Open Spaces Maintenance Assessment District (hereafter referred to as the “District”) for the fiscal year commencing July 1, 2025 and ending June 30, 2026 pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the "Act") to pay the costs and expenses of operating, maintaining, and servicing improvements and facilities located within public places within the boundaries of the District; and,
WHEREAS, DTA has prepared and filed with the City Clerk, and the City Clerk has presented to the Council, the Engineer’s Annual Levy Report (hereafter referred to as the “Report”) for the District that describes the District and the proposed levy and collection of assessments upon eligible parcels of land within the District, and the Council did by previous Resolution preliminarly approve such Report; and,
WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2025 and ending June 30, 2026 to pay the costs and expenses of operating, maintaining, and servicing improvements and facilities located within the boundaries of the District; and,
WHEREAS, this City and DTA have reviewed the provisions of Section XIIID of the California State Constitution and found that the proposed assessments comply with these provisions.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY
THE CITY COUNCIL OF THE CITY OF SOLEDAD FOR THE RANCHO SAN
VICENTE PARKS AND OPEN SPACES MAINTENANCE ASSESSMENT DISTRICT AS FOLLOWS:
Section 1 Following notice duly given, the City Council has held a full and fair Public Hearing regarding the District, the levy and collection of assessments, the Report prepared in connection therewith, and considered all oral and written statements, protests, and communications made or filed by interested persons regarding these matters.
Section 2 Based upon its review (and amendments, as applicable) of the Report, the City Council hereby finds and determines that:
i) the land within the District will receive special benefit by the operation, maintenance, and servicing of improvements located in public places within the boundaries of the District; and,
323
DRAFT – FOR REVIEW
ii) the District includes all of the lands so benefited; and, iii) the net amount to be assessed upon the lands within the District in accordance with the fee for the fiscal year commencing July 1, 2025 and ending June 30, 2026 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the estimated benefits to be received by each parcel from the improvements and services. This Fiscal Year assessment for the Rancho San Vicente Parks and Open Spaces Maintenance Assessment District is $844.25 per parcel.
Section 3 The Report and assessments as presented to the City Council and on file in the Office of the City Clerk are hereby confirmed as filed and approved by the City Council.
Section 4 The maintenance, operation, and servicing of the improvements and appurtenant facilities shall be performed pursuant to the Act. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as follows: the maintenance and operation of and the furnishing of services and materials for landscape maintenance easement areas including open space areas, parkways, and slopes within the boundaries of the District, including, but not limited to trees, shrubs, turf and other ornamental vegetation, drainage and irrigation systems, stitch piers; park maintenance and repairs, and sound wall maintenance repairs; and other appurtenant facilities. The Report describes all new improvements or substantial changes in existing improvements.
Section 5 The County Auditor of the County of Monterey shall enter on the County Assessment Roll opposite each eligible parcel of land the amount of levy so apportioned by the formula and method outlined in the Report, and such levies shall be collected at the same time and in the same manner as the County taxes are collected pursuant to Chapter 4, Article 2, Section 22646 of the Act. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.
Section 6 The City Finance Director shall deposit all money representing assessments collected by the County for the District to the credit of a fund known as the "Improvement Fund, City of Soledad, Rancho San Vicente Parks and Open Spaces Maintenance Assessment District and such monies shall be expended only for the maintenance, operation, and servicing improvements and facilities as described in Section 4.
Section 7 The adoption of this Resolution constitutes the District levy for the fiscal year commencing July 1, 2025 and ending June 30, 2026.
Section 8 The City Clerk or their designate is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution pursuant to Chapter 4, Article 1, Section 22641 of the Act.
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DRAFT – FOR REVIEW
PASSED, APPROVED and ADOPTED this 2
nd day of July 2025 by the
following vote:
AYES, and in favor thereof, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
______________________________
ANNA M. VELAZQUEZ, Mayor
ATTEST:
____________________________________
MEGAN HUNTER, City Manager
325
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FINAL ENGINEER’S REPORT
RANCHO SAN VICENTE PARKS AND OPEN SPACES
MAINTENANCE ASSESSMENT DISTRICT
FUND #647
CITY OF SOLEDAD | COUNTY OF MONTEREY
Beginning Fiscal Year: 2025-2026
Intent Meeting: June 4, 2025
Public Hearing: July 2, 2025
Resolution No. 6257
326
www.FinanceDTA.com
99 Almaden Blvd., Suite 875
San Jose, CA 95113
CITY COUNCIL AND STAFF
MAYOR
Anna M. Velazquez
COUNCIL MEMBERS
Ben Caldera
Fernando Cabrera
Fernando Ansaldo-Sanchez
Evarista Banuelos
PUBLIC WORKS DIRECTOR
Donald Wilcox, P.E.
PROFESSIONAL SERVICES
ASSESSMENT ENGINEERING
Stephen A. Runk, P.E.
DTA
327
TABLE
OF CONTENTS
SECTION PAGE
I AFFIDAVIT AND CERTIFICATES.................................... 1 II ENGINEER’S REPORT .................................................. 3 III PLANS AND SPECIFICATIONS ...................................... 5 A Description of the District..................................................5 B District Improvements, Facilities, and Services...................5 IV COST ESTIMATE ......................................................... 6 A Costs of Improvements......................................................6 B Annual Cost Indexing.........................................................7 C Contributions from Other Sources......................................8 D Annual Installments...........................................................8 E Net Assessment.................................................................8 V ASSESSMENT ROLL................................................... 10 VI METHOD OF ASSESSMENT ....................................... 11 A Background.....................................................................11 B Benefits of Improvements ...............................................12 C Categories of Benefit.......................................................12 D Allocation of Special Benefit to Parcels ............................13 E Amount of Assessment....................................................13
VII ASSESSMENT DIAGRAM AND BOUNDARY
MAP ........................................................................ 15
VIII TERMINATION OF DISTRICT/LIMITATIONS OF
REPORT ................................................................... 17 A Termination of District.....................................................17 B Limitations of Report.......................................................17
APPENDICES
APPENDIX A ASSESSMENT ROLL
328
1 SECTION I
AFFIDAVIT AND CERTIFICATES
City of Soledad July 2, 2025
FINAL Engineer’s Report for Rancho San Vicente MAD No. 1 www.FinanceDTA.com
I AFFIDAVIT AND CERTIFICATES
CITY OF SOLEDAD RANCHO SAN VICENTE PARKS AND OPEN SPACES
MAINTENANCE ASSESSMENT DISTRICT
This Engineer’s Report (“Report”) and the enclosed descriptions, budget, and assessment diagram outlines the District and includes the proposed assessments for each lot, parcel, and subdivision of land within said District to be levied for Fiscal Year 2025-2026 as they existed at the time of the passage of the Resolution of Intention.
Reference is hereby made to the Monterey County Assessor’s Maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed report as directed by the City Council.
Dated this ______ day of ______________, 2025.
DTA
Assessment Engineer
On Behalf of the City of Soledad
By: __________________________________________
Kuda Wekwete
Project Manager
By: __________________________________________
Stephen A. Runk, P.E.
License Number: C23473
329
2 SECTION I
AFFIDAVIT AND CERTIFICATES
City of Soledad July 2, 2025
FINAL Engineer’s Report for Rancho San Vicente MAD No. 1 www.FinanceDTA.com
CITY OF SOLEDAD RANCHO SAN VICENTE PARKS AND OPEN SPACES
MAINTENANCE ASSESSMENT DISTRICT
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Diagram thereto attached, was filed with me on the _______ day of ____________, 2025.
By: _____________________________
Megan Hunter, City Manager
City of Soledad, Monterey County
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Diagram thereto attached, was approved and confirmed by the City Council of the City of Soledad, California, on the ______ day of _____________, 2025.
By: _____________________________
Megan Hunter, City Manager
City of Soledad, Monterey County
330
3 SECTION II
ENGINEER’S REPORT
City of Soledad July 2, 2025
FINAL Engineer’s Report for Rancho San Vicente MAD No. 1 www.FinanceDTA.com
II ENGINEER’S REPORT
WHEREAS, the City Council of the City of Soledad (“City”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the “1972 Act”), adopted its resolution (“Resolution”) initiating proceedings for the levy of Fiscal Year 2025-2026 assessments against properties in the Rancho San Vicente Parks and Open Spaces Maintenance Assessment District (the “District”) to fund maintenance and operation of park, landscape, and street light improvements that have been determined to specially benefit the District (“Improvements”).
WHEREAS, the Resolution designates DTA as Assessment Engineer and directed the Assessment Engineer to prepare and file a report (“Engineer’s Report” or “Report”) pursuant to the 1972 Act and Article XIIID of the California Constitution (“Proposition 218”).
This Report includes the following sections:
Plans and Specifications – Plans and specifications for services to be provided. Plans and specifications are a part of this Report whether or not separately bound.
Cost Estimate – An estimate of the annual cost of services to be provided. Also included, are administrative and incidental costs that include maintenance, reserve, repairs, and rehabilitation expenses.
Assessment Roll – An assessment roll, showing the amount to be assessed against each parcel of real property within this District and the names and addresses of the property owners. An Assessor’s Parcel number or other designation describes each parcel. Each parcel is also assigned an “assessment number” that links the Assessment Roll to the Assessment Diagram.
Method of Assessment – A statement of the method by which the Assessment Engineer determined the amount to be assessed against each parcel, based on special benefits to be derived by each parcel from the Improvements.
Assessment Diagram – A diagram showing all of the parcels of real property to be assessed within this District. The diagram corresponds with the Assessment Roll by assessment number.
Termination of District/Limitations of Report – A statement as to the duration of the District and the accuracy of the data and information necessary for the development of this annual Report.
NOW THEREFORE, the undersigned, acting as an agent for DTA, Assessment Engineer for the District, by virtue of the power vested under the 1972 Act and the order of the City, hereby submits this Engineer’s Report and makes the following assessment to cover the portion of the estimated costs of the Improvements, including the incidental costs and expenses, to be paid by the District. 331
4 SECTION II
ENGINEER’S REPORT
City of Soledad July 2, 2025
FINAL Engineer’s Report for Rancho San Vicente MAD No. 1 www.FinanceDTA.com
The net assessment in Fiscal Year 2025-2026 is summarized in Table 1.
Table 1: Net Assessment for Fiscal Year 2025-2026
*Note: Figures may not sum due to rounding.
DTA does hereby assess the net amount to be assessed upon all assessable lots or parcels of land within the District by apportioning the amount allocable among the several lots or parcels of each in proportion to the estimated special benefits to be received by each such lot or parcel from the Improvements, as more particularly set forth in the list attached as Appendix A (“Assessment Roll”) and by this reference made as part of this Engineer’s Report. The District diagram appearing herein is a representation of the assessment diagram that was approved by resolution of the City Council. Reference is hereby made to the Assessor’s Maps of the County of Monterey for Fiscal Year 2025-2026 for a more particular description of the properties within the District. Each parcel of land assessed is described on the Assessment Roll by reference to its parcel number as shown on the County of Monterey Assessment Roll.
DTA
Kuda Wekwete Date
Project Manager
Stephen A. Runk, P.E. Date
License Number: C23473
Item Amount
Maintenance Costs $87,930
Administration Costs $37,579
Levy Adjustments (Reserve Fund Credit) ($12,379)
Net Assessment* $113,130
332
5 SECTION III
PLANS AND SPECIFICATIONS
City of Soledad July 2, 2025
FINAL Engineer’s Report for Rancho San Vicente MAD No. 1 www.FinanceDTA.com
III PLANS AND SPECIFICATIONS
The plans, specifications, and studies of the Improvements for this District are voluminous and will not be bound in this Report, but by this reference are incorporated as if attached to this Report. The plans and specifications are on file with the City of Soledad and/or the County of Monterey, California.
A Description of the District
The District is generally bounded by existing Vista Soledad Phases I and II to the northeast, by San Vicente Townhomes to the southwest, West Street to the southeast, and San Vicente Road to the northwest. A District diagram incorporated herein under Section VII of this Report outlines the boundaries of the District. This diagram incorporates all lots, parcels, and subdivisions of land within the District as the same existed at the time this Report was prepared, a complete listing of which is provided in Appendix A of this Report.
B District Improvements, Facilities, and Services
The following descriptions, provided in the formation documents of the District, identify the types of improvements that will be maintained by the District. Detailed maps and descriptions of these improvements are on file with the City and are available for inspection in the office of the City Engineer and have been incorporated into this Report by reference.
B.1 Street Light, Landscape, and Irrigation Improvements The maintenance and operation of the improvements located on landscaped strips (of land adjacent to curbs of the streets identified below within the District) includes the following: jogging paths, planter walls, grass berms, and appurtenant irrigation systems, as well as ornamental plantings such as lawns, shrubs, and trees. Also included are necessary repairs, replacements, water, electric current, spraying, care, supervision, debris removal, and any and all other items of work necessary and incidental for the proper maintenance and operation thereof. Additionally, maintenance and operation includes all additions, improvements, and enlargements which may be made on the previously described work within the following streets and on appurtenant improvement plans.
Improvements that are covered under the maintenance and operations of the District are located on the following streets:
West Street and San Vicente Road;
Northwest side of West Street from Market Street to the Vista Soledad Subdivision; and Easterly side of San Vicente Road from San Vicente Townhomes north to the Vista Soledad Subdivision.
B.2 Incidental and Other Expenses
Incidental costs include contingencies and assessment district incidentals such as engineering, printing, notices to property owners, collection costs, legal fees, administration, and supervision. 333
6 SECTION IV
COST ESTIMATE
City of Soledad July 2, 2025
FINAL Engineer’s Report for Rancho San Vicente MAD No. 1 www.FinanceDTA.com
IV COST ESTIMATE
Applicable law requires the Engineer’s Report to contain an estimate of the costs of the Improvements for Fiscal Year 2025-2026, including estimates of (i) the total costs for Improvements for Fiscal Year 2025- 2026, including incidental expenses, (ii) the amount of any surplus in the improvement fund to be carried over from a previous Fiscal Year, (iii) the amount of any contributions to be made from sources other than assessments levied pursuant to this part, (iv) the amount, if any, of the annual installment for the Fiscal Year where the legislative body has ordered an assessment for the estimated cost of any improvements to be levied and collected in annual installments, and (v) the net amount to be assessed upon assessable lands within the District. Estimates of these amounts are provided below.
The following describes the costs that are funded through the District.
A Costs of Improvements
A.1 Projected Annual Maintenance Costs
Included in the City’s Public Works Department Budget Request are estimated costs for the annual maintenance and servicing of all improvements within the District. District direct maintenance expenses are estimated at $87,930 for Fiscal Year 2025-2026 as shown in Table 2 below.
Table 2: Projected Annual Direct Maintenance Costs
Item Description Cost Estimate
Park Maintenance $28,201
Street Landscaping $21,151
Parkway Water Charges $25,407
Park Water Charges $3,526
Park Electrical Charges $1,410
Sound Wall Maintenance $5,361
Street Lighting Electrical and Replacement $2,874
Operating Reserve Fund Collection $0
Total $87,930
*Note: Figures may not sum due to rounding.
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7 SECTION IV
COST ESTIMATE
City of Soledad July 2, 2025
FINAL Engineer’s Report for Rancho San Vicente MAD No. 1 www.FinanceDTA.com
A.2 Projected Annual Administration Costs
In addition to the costs listed above, there will be costs attributed to the administration of the District. As shown in Table 3, the District administration costs are estimated to be $37,579 for Fiscal Year 2025-2026. These costs are summarized below.
Table 3: Projected Annual Administration Costs
Item Description Cost Estimate
City Administration $30,774
District Administration $5,000
Printing and Advertising $500
County Collection $1,305
Total* $37,579
*Note: Figures may not sum due to rounding.
A.3 Projected Annual Levy Adjustment
Finally, in addition to the costs listed above, certain levy adjustments will be made to account for any operating reserve credits or required capital collection to the District’s reserve fund. As shown in Table 4, an Operating Reserve Credit of $33,668. has been applied to offset the required Capital Reserve Collection of $21,289. Therefore, a net total of $12,379 Reserve Fund Credit has been applied to the Fiscal Year 2025-2026 assessment.
Table 4: Projected Annual Levy Adjustment
Item Description Cost Estimate
Capital Reserve Collection $21,289
Operating Reserve Credit ($33,668)
Total* ($12,379)
*Note: Figures may not sum due to rounding.
B Annual Cost Indexing
B.1 City/District Administration, Printing, and Advertising With the passage of Proposition 218, any proposed increase in assessments must be approved by impacted property owners via a mail ballot and public hearing process, similar to these proceedings. A weighted simple majority of ballots received (weighted according to each parcel’s proportionate assessment obligation) must be affirmative for the City Council to confirm and levy the increased assessments. For small assessment districts or districts with relatively low dollar assessments, the cost of an Engineer’s Report, balloting, and the public hearing process can potentially exceed the total amount of the increase. The incidental costs of these proceedings may be added to the assessments, resulting in even higher assessments.
Therefore, adjusting assessments annually by 3.00% allows for minor increases in normal 335
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COST ESTIMATE
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maintenance and operating costs, without incurring the costs of ballot proceedings required by Proposition 218. Any other significant changes to the District (e.g., increases in service, modification of the boundary, etc.) would still require Proposition 218 proceedings and, ultimately, property owner approval.
Thus, on each July 1, commencing on July 1, 2004, the maximum authorized unit assessment rates established in these proceedings will be indexed (increased) annually by 3.00% from the preceding Fiscal Year.
Since the maximum assessment is likely sufficient to cover the cost estimates for improvements and other expenses for Fiscal Year 2025-2026, an amount equal to only the total projected costs will be assessed on the property within the District. The assessment levy in future years may be any amount less than or equal to the maximum assessment in that year.
B.2 Collection Fees
The County Auditor/Controller also charges an additional 0.25% of the total amount assessed.
B.3 Reserve Collection/Transfer
The applicable law provides for a District Reserve Fund that provides for the collection of funds to cover District operations between July 1 (beginning of the Fiscal Year) and the date on which the County remits first installment of assessments collected from the property tax bills (typically January or February). Any negative amounts entries for this budget item represent transfers from the Reserve Fund to reduce the assessment in a given fiscal year. A fully funded Reserve enables the District to (i) cover operational expenses incurred in the six (6) months of the fiscal year, without any City funds from non-District accounts; and (ii) address any unforeseen or unusual expenditures that may occur during the year.
C Contributions from Other Sources
Proposition 218 provides that “an agency shall separate the general benefits from the special benefits conferred…” In accordance with that provision, it is determined that there will be no general benefit from the Improvements in Fiscal Year 2025-2026, as explained in Section VI of this Report.
D Annual Installments
The entire amount of the net assessment, as shown in Table 5 below, will be assessed in Fiscal Year 2025- 2026.
E Net Assessment
Pursuant to the foregoing, Table 5 shows the net amount to be assessed upon assessable lands within the District in Fiscal Year 2025-2026.
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Table 5: Net Assessment for Fiscal Year 2025-2026
Item Total Costs Special Benefit
Allocated Net Assessment
Maintenance Costs (Direct)
Park Maintenance $28,201 100% $28,201
Street Landscaping $21,151 100% $21,151
Parkway Water Charges $25,407 100% $25,407
Park Water Charges $3,526 100% $3,526
Park Electrical Charges $1,410 100% $1,410
Sound Wall Maintenance $5,361 100% $5,361
Street Lighting Electrical and Replacement $2,874 100% $2,874 Operating Reserve Fund Collection $0 100% $0
Administration Costs
City Administration $30,774 100% $30,774
District Administration $5,000 100% $5,000
Printing and Advertising $500 100% $500
County Collection $1,305 100% $1,305
Levy Adjustments
Capital Reserve Collection $21,289 100% $21,289
Operating Reserve Credit ($33,668) 100% ($33,668)
Net Assessment* $113,130 N/A $113,130
*Note: Figures may not sum due to rounding.
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ASSESSMENT ROLL
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FINAL Engineer’s Report for Rancho San Vicente MAD No. 1 www.FinanceDTA.com
V ASSESSMENT ROLL
The Assessment Engineer has prepared an Assessment Roll for the District as required by applicable law, based upon the assessment methodology described in this Engineer’s Report. The Assessment Roll includes the net total assessment for Fiscal Year 2025-2026 and shows the Fiscal Year 2025-2026 assessment, assessment number, Assessor’s Parcel Number, and land use designation for each parcel.
The Assessment Roll, as provided in Appendix A, lists the Assessor’s Parcel Numbers within this Assessment District by assessment number. The assessment numbers appearing on the Assessment and the names and addresses of the property owners are as shown on the last equalized assessment roll for taxes or as known to the Assessor of Monterey County.
All parcel information has been provided to DTA by the City Public Works Department, the previous Assessment Engineer, and the County of Monterey.
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METHOD OF ASSESSMENT
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VI METHOD OF ASSESSMENT
A Background
Pursuant to the 1972 Act, the legislative body establishes and determines the “estimated benefit received” by each parcel from the Improvements.
In addition, Article XIIID of the California Constitution, added in November 1996 through the passage of Proposition 218 by voters of the State of California, requires, inter alia, that (i) only special benefits be assessable, (ii) no assessment may exceed the proportional special benefit conferred on the parcel assessed, and (iii) publicly owned parcels shall not be exempt from assessment unless clear and convincing evidence demonstrates that such publicly owned parcels receive no special benefits from the improvements for which the assessment is levied.
“Special benefit” is a particular and distinct benefit over and above general benefits conferred on real property located in the District or to the public at large. Importantly, the general enhancement of property value does not constitute special benefit. As such, this Engineer’s Report has been designed to comply with these requirements, as well as to incorporate recent California court decisions such as: Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (2008), Beutz v. County of Riverside (2010), Golden Hills Neighborhood Association v. City of San Diego (2011), and Concerned Citizens v. West Point Fire Protection District (2011).
Methodologically, it is necessary and essential to identify the special benefit that the improvements, facilities, and services will render to the properties within the District. It is also necessary that the properties receive a special and direct benefit as distinguished from benefit to the general public.
The Assessment Engineer is appointed for the purpose of analyzing the facts and determining the method and formula for apportionment of the assessment obligation to the benefited properties. For these proceedings, the City has retained the firm of DTA as the Assessment Engineer.
The Assessment Engineer makes his or her recommendation for the method of apportionment in this Engineer’s Report for consideration at the public hearing. However, the final authority and action rests with the City Council after hearing all testimony and evidence presented at the public hearing. Upon conclusion of the public hearing, the City Council must make the final action in determining that the assessment has been made in direct proportion to the special benefit received.
In determining the net amount to be assessed upon parcels within the District, Section 22573 of the California Streets and Highways Code states that such amount “may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” Proposition 218 further states that “no assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel,” where “special benefit” means “a particular and distinct benefit over and above general benefits conferred on real property located in the District or to the public at large.” This Section VI describes the methodology used to calculate the net amount to be assessed on each parcel within the District in proportion to the special 339
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METHOD OF ASSESSMENT
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benefit conferred on each such parcel.
B Benefits of Improvements
The special benefits associated with the local landscaping improvements are shown in the Table 6 below.
Table 6: Benefits from Landscaping Improvements
Landscaping Improvements
Enhanced desirability of properties through association with the improvements.
Improved aesthetic appeal of properties within the District providing a positive representation of the area.
Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping.
Environmental enhancement through improved erosion resistance, and dust and debris control.
Increased sense of pride in ownership of property within the District resulting from well-maintained improvements associated with the properties.
Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities including abatement of graffiti.
Enhanced environmental quality of the parcels within the District by moderating temperatures, providing oxygenation, and attenuating noise.
The special benefits of street lighting are the convenience, safety, and security of property, improvements, and goods as identified in Table 7 below.
Table 7: Benefits from Street Lighting Improvements
Street Lighting Improvements
Enhanced deterrence of crime and the aid to police protection.
Increased nighttime safety on roads and highways.
Improved ability of pedestrians and motorists to see.
Improved ingress and egress to property.
Reduced vandalism and other criminal acts and damage to improvements or property.
Improved traffic circulation and reduced nighttime accidents and personal property loss.
Increased promotion of business during nighttime hours in the case of commercial properties.
C Categories of Benefit
Proposition 218 provides that “an agency shall separate the general benefits from the special benefits conferred on a parcel,” where “Special Benefit means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large.” It is therefore necessary to establish definitions of General Benefit and Special Benefit as such terms relate to the benefit to be derived from the Improvements. The following special benefit allocation was determined at the 340
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METHOD OF ASSESSMENT
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time the District was formed.
The Improvements to be maintained and operated in the District were within or in areas in close proximity to the proposed developed residential lots. As a result, the developed residential lots in the District will receive 100% of the special benefits of the operation and maintenance of the Improvements. These special benefits include enhanced neighborhood identity and quality of life generated when park landscaping and lighting are in place, improved, operable, safe, clean, and maintained. In short, maintenance and operation of the proposed improvements will provide beautification, shade, and increase the desirability of the immediate surroundings of the residential units within the District.
Importantly, because of the location of the improvements within or close to the District itself, there is no general benefit to properties outside the District or the community as a whole. Any such general benefit is so incidental and negligible that it cannot be calculated for purposes of assessment.
D Allocation of Special Benefit to Parcels
As discussed previously, developed parcels in the District are the only parcels that derive special benefit from maintenance and operations and as such, must bear the cost of these activities. As a result, all costs associated with the maintenance and operation of District Improvements, including incidentals and appurtenances, shall be spread to all parcels within the District on a development unit basis.
Factored development unit calculations for residential areas are as follows:
Low Density Residential = 1.0 Unit/Residential Lot Single-Family Unit Apartment Unit = 0.8 Unit/Apartment
[0.8 Unit/Apartment x Apartment Units = Equivalent Single-Family Unit (“ESFU”)] Importantly, Article XlllD provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. As a result, the following property will be considered exempt from the assessment: areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rightof-way, public greenbelts and public parkways, and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial, and institutional activities.
E Amount of Assessment
Pursuant to the foregoing, Table 8 below shows the net amount to be assessed upon assessable lands within the District in Fiscal Year 2025-2026.
Table 8: Fiscal Year 2025-2026 Assessment Rates in the District Assessment Per EDU
Fiscal Year 2024-2025
Assessment Per EDU
Fiscal Year 2025-2026
Max Assessment Per EDU
Fiscal Year 2025-2026
$819.66 $844.25 $844.25
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Table 9: Fiscal Year 2025-2026 Cost Estimate
D escription Total Am ount ($)
Special Benefit
Apportioned to
D istrict
Fiscal Year 2025-2026
Total Budget
(Am ount Funded to D istrict)
(A) D irect C ost
O perating Expenses
Park M aintenance $28,200.91 100% $28,200.91
Street Landscaping $21,150.68 100% $21,150.68
Parkw ay W ater C harges $25,407.43 100% $25,407.43
Park W ater C harges $3,525.75 100% $3,525.75
Park Electrical C harges $1,410.31 100% $1,410.31
Sound W all M aintenance $5,360.96 100% $5,360.96
Street Lighting Electrical & Replacem ent $2,873.56 100% $2,873.56 O perating Reserve Fund C ollection $0.00 100% $0.00
(B) Adm inistration
C ity Adm inistration $30,774.14 100% $30,774.14
D istrict Adm inistration $5,000.00 100% $5,000.00
Printing and Advertising $500.00 100% $500.00
C ounty C ollection $1,305.00 100% $1,305.00
Subtotal (A+B) $125,508.75 NA $125,508.75
(C ) Levy Adjustm ents
C apital Reserve C ollection $21,288.51
O perating Reserve C redit ($33,667.76)
Balance to Levy (A+B+C ) NA NA $113,129.50
(D ) D istrict Assessm ent
Total ED U s C ount 134
Total Parcels C ount 87
Total Parcels Levied 87
FY 2025-2026 C alculated Assessm ent per EBU $844.25
FY 2025-2026 M axim um Assessm ent per EBU $844.25
FY 2025-2026 M axim um Levy $113,129.50
(E) Fund Balance Inform ation
Beginning Fund Balance FY 2025 -2026 $470,161.95
Reserve Fund Adjustm ents ($12,379.25)
Anticipated Ending Balance FY 2025-2026 $457,782.70
City of Soledad
Engineer's Report
Rancho San Vicente Parks and O pen Spaces M aintenance Assessm ent D istrict - Fund #647 Fiscal Year 2025-2026 Cost Estim ate
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15 SECTION VII
ASSESSMENT DIAGRAM AND BOUNDARY
MAP
City of Soledad July 2, 2025
FINAL Engineer’s Report for Rancho San Vicente MAD No. 1 www.FinanceDTA.com
VII ASSESSMENT DIAGRAM AND BOUNDARY MAP
The boundary map for the District has been previously approved and submitted to the City in the format required by the 1972 Act, and is on file in the Office of the City Clerk.
The parcels within the District generally consist of the lots, parcels, and subdivisions of land found within the following Assessment Diagram and are based on the Monterey County Assessor’s Maps and the Monterey County Assessor’s information that existed at the time this Report was prepared. 343
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ASSESSMENT DIAGRAM AND BOUNDARY
MAP
City of Soledad July 2, 2025
FINAL Engineer’s Report for Rancho San Vicente MAD No. 1 www.FinanceDTA.com
Figure 1: Boundary Map
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17 SECTION VIII
TERMINATION OF DISTRICT/LIMITATIONS
OF REPORT
City of Soledad July 2, 2025
FINAL Engineer’s Report for Rancho San Vicente MAD No. 1 www.FinanceDTA.com
VIII TERMINATION OF DISTRICT/LIMITATIONS OF REPORT
A Termination of District
Assessments associated with the District will be levied each Fiscal Year until the District is dissolved by the City Council.
B Limitations of Report
The conclusions, calculations, and recommendations in this Report rely on the substantial data and information provided to DTA at the time of the writing of the Report by the following parties:
1. City of Soledad, specifically the Public Works Department;
2. The previous Assessment Engineer; and
3. The County of Monterey.
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APPENDIX A
City of Soledad
Rancho San Vicente Parks and Open Spaces
Maintenance Assessment District
Fiscal Year 2025-2026
ASSESSMENT ROLL
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99 ALMADEN BLVD., SUITE 875
SAN JOSE, CA 95113
PHONE: (800) 969-4DTA
Public Finance
Public-Private Partnerships
Development Economics
Clean Energy Bonds
www.FinanceDTA.com
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SUBJECT: Status Report on the 2025 Siempre Soledad General Plan Update and Request for Direction on the Draft Land Use and Circulation Maps TO: Honorable Mayor Anna Velasquez and City Council
FROM: Beatriz Trujillo, Community and Economic Development Director, and Ariana Mora, Senior Planner
MEETING DATE: July 2, 2025
CITY OF SOLEDAD
STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 1.
Recommendation
It is recommended that the City Council, by minute motion, (1) accept the General Plan Update Land Use and Circulation Maps as proposed by City Staff (including any changes to the maps recommended today by the City Council), and (2) authorize Staff to proceed with preparation of the environmental documentation for the General Plan Update in accordance with the California Environmental Quality Act.
Executive Summary
The City of Soledad and Placeworks Inc. is currently in the process of updating its General Plan, known as "2045 Siempre Soledad.” The City has produced a draft land use and circulation map which are essential components of a General Plan because they serve as the spatial framework for a City's longterm vision and development strategy. At the June 12, 2025, regular Planning Commission meeting, the Soledad Planning Commission recommended that both maps be presented to the City Council for acceptance to support the preparation of the full draft 2045 General Plan and associated environmental documents. As part of its recommendation, the Commission also provided specific direction to staff, including the need to ensure flexibility between the two maps, to prioritize major access points into and out of the City, to create land use designations to allow future adaptability, and to continue robust community engagement through the next phase of the Siempre Soledad 2045 process. In response to this direction, City staff scheduled a Special City Council meeting for Tuesday, June 24; however, due to a lack of quorum, the item was rescheduled to the regular Council meeting on July 2, 2025. At this time, staff will present the draft 2045 Land Use and Circulation Maps to the City Council for review and consideration of acceptance via minute motion.
Background
California state law requires each city and county to adopt a general plan “for the physical development of the county or city, and any land outside its boundaries which in the planning agency’s judgment 348
bears relation to its planning” (Gov. Code § 65300). Most cities update their General Plans approximately every 15 to 20 years to guide long-term growth and development.
The City of Soledad is currently updating its 2005 General Plan through a comprehensive effort titled 2045 Siempre Soledad, with completion anticipated by early 2026. The City has contracted with PlaceWorks to assist in this effort, which has resulted in the development of an Existing Conditions and Briefing Book, adoption of the Vision and Guiding Principles, adoption of the 2023–2031 Housing Element, and approval of Draft Land Use Alternatives. These steps have been informed by community input, as well as direction from the Steering Committee, Planning Commission, and City Council.
Review & Analysis
The City has reached a key milestone in the 2045 General Plan Update: the preparation of the Draft Land Use Map and Circulation Map. These maps are grounded in both community input and technical analysis, and they play a critical role in shaping Soledad’s future. They identify where key land uses, such as residential, commercial, industrial, and parks, should be located, while also guiding long-term transportation improvements. Once accepted by the City Council, these maps will provide the foundation for developing the full Draft General Plan and its accompanying Environmental Impact Report ("EIR"). Together, they will help translate the community’s vision into a practical and coordinated strategy for future growth, conservation, infrastructure investment, and resilience.
Development of Land Use Alternatives and Their Importance The City of Soledad began its 2045 General Plan Update in 2023, launching a comprehensive initiative to guide the City's long-term growth, infrastructure planning, and community development. Since the project’s inception, City staff have collected extensive data and community feedback and have presented key milestones to the Planning Commission ("Commission") and City Council ("Council") for review and input. In April 2024, the Commission recommended approval of the General Plan Vision and Guiding Principles. These principles, which outline the City's long-term priorities and values, were adopted by the City Council in May 2024. They served as the foundation for the preparation of Land Use Alternatives, which were further refined through community workshops and engagement activities held between July and October 2024.
Land Use Alternatives are conceptual growth scenarios that explore how Soledad could develop over the next 20 years. They help assess the impacts of different land use patterns and guide policy direction related to:
Housing and neighborhood development
Economic growth and job creation
Conservation of natural and agricultural lands
Transportation systems and connectivity
Environmental sustainability and public services
As a core component of the EIR, required by the California Environmental Quality Act ("CEQA"), these alternatives allow the City to compare and evaluate the trade-offs of various land use strategies.
Based on community input and technical analysis, City staff and planning consultant PlaceWorks developed two preliminary land use alternatives:
Alternative 1: Downtown-Focused Growth
Emphasized reinvestment in the Downtown Area
Included small-scale multi-family housing and mixed-use development 349
Proposed improvements to downtown gateways and public streets Focused on enhancing both vehicle and pedestrian circulation downtown Alternative 2: Regional Hub Expansion
Positioned Soledad as a regional commercial and employment center Included big-box retail and large commercial shopping centers Provided for new single-family neighborhoods and neighborhood-serving retail Included light industrial uses and improved regional transportation access Land use alternatives play a crucial role in the planning process, providing the community and decision-makers with an opportunity to evaluate the benefits and impacts of each scenario. During public workshops and meetings, community members expressed strong support for a combined approach that incorporates elements from both alternatives. Key themes from the feedback included:
Expanding both big-box and neighborhood retail opportunities Improving transportation safety and connectivity—especially near schools, along major roads such as West Street, and by extending 8th Street to Los Coches Road Offering a wider range of housing types to meet local needs Revitalizing Downtown with more restaurants, shops, and entertainment options In response, staff and PlaceWorks developed a Land Use and Circulation Map that combines key elements from both Alternative 1 and Alternative 2. This integrated approach reflects the community’s priorities and serves as the foundation for the 2045 General Plan, which is now being presented to the City Council for acceptance.
Community Engagement for the 2045 Land Use and Circulation Maps Staff generated the first draft of the land use and circulation map for review on February 11, 2025 to the Soledad General Plan Steering Committee, which includes representatives from local agencies and organizations such as the Soledad Unified School District, TAMC, Soledad Healthcare District, Cemetery District, and community members. When the draft Land Use and Circulation Maps were presented to the Steering Committee, several concerns were raised. The maps were found to be difficult to interpret for the general public, and the land use categories were not clearly understood. In response, staff created a simplified handout explaining the land use designations, now included as Exhibit A. The Steering Committee also recommended that the Circulation Map prioritize pedestrian safety around schools, address traffic issues during peak hours, and directed staff to look into why multiple roundabouts were proposed in the circulation map.
Additional public input was gathered during a Traffic and Safety Workshop held by the Public Works Department on May 29, 2025. Community members reiterated the importance of traffic safety near schools and improvements to the Downtown area. There was also discussion about the proposed annexation of the Miramonte Specific Plan Area ("MSP"), which will bring new development and necessitate traffic improvements, especially at the City’s northern entrance. These upcoming changes were considered in shaping the draft Circulation Map and were already contemplated when the City Council approved the Miramonte Specific Plan.
2045 Land Use Map
The Draft Land Use Map reflects a thoughtful analysis of current conditions, community input, and long-term planning goals. As part of this effort, City staff evaluated existing land uses, identified vacant and underutilized sites for potential infill development, and proposed strategic expansions of both neighborhood-serving and regional commercial areas.
350
A new Downtown land use designation is proposed to allow a broader mix of housing and commercial uses that are compatible with a vibrant, walkable downtown. Additionally, to improve clarity, Public Facility and Parks/Open Space designations were separated into distinct categories. Also, new land use categories, such as Southern Gateway and Northern Gateway, were introduced to reflect areas targeted for future economic development and regional commercial opportunities. These updates are designed to guide growth in a way that maximizes the use of existing land resources, supports the community’s vision into a clear development framework, with a focus on expanding housing supply to meet state requirements and supporting economic vitality, particularly in the Downtown core and in areas at the north and south ends of Soledad, where big-box retail and commercial centers are envisioned. 2045 Circulation Map
The Draft Circulation Map outlines key transportation enhancements designed to improve mobility and access for all users, including pedestrians, cyclists, and those without access to a vehicle. The map establishes baseline standards that the City should consider when planning future circulation-related improvements, ensuring consistency and connectivity across all modes of travel. Importantly, the Circulation Map is aligned with the proposed Land Use Map to ensure that the transportation network supports both existing development projects and future growth. By identifying key roadway extensions and multimodal improvements, the map aims to improve traffic flow, enhance safety, and support broader sustainability goals, particularly by reducing vehicle dependence in areas such as Downtown Soledad. The proposed Circulation Map introduces several key improvements:
Enhanced bike and pedestrian access, with a focus on improving east-west connections and providing safer, more active routes through the Downtown underpass and toward the southern areas of Soledad.
A new railroad crossing at Los Coches Road, supporting future projects such as the Pinnacles Parkway Trail and future Complete Streets improvements.
Installation of new traffic signals at key intersections to improve traffic management and safety - specifically around schools.
Roundabouts and intersection upgrades to enhance pedestrian and cyclist safety while improving traffic flow.
Generalized circulation labels to provide flexibility in determining the most appropriate transportation improvements for specific areas throughout the city.
The proposed circulation enhancements are essential to creating a safe, connected, and resilient transportation system that supports Soledad’s long-term goals for growth, equity, and sustainability. A well-planned circulation network not only facilitates efficient travel for vehicles but also ensures that walking, biking, and transit are viable and attractive options for residents and visitors. These improvements aim to reduce traffic congestion, lower greenhouse gas emissions, and support healthier, more active lifestyles, while also reinforcing vision and guiding principles previously adopted for the 2045 Siempre Soledad General Plan Update.
Planning Commission Review of Draft Land Use and Circulation Maps During a regular Planning Commission meeting, the Draft Land Use and Circulation Maps were presented for review and recommendation to the City Council for acceptance. Commissioners raised several important points, particularly the need for expanded public outreach to inform and engage the community more effectively. In response, staff will collaborate with the Community Engagement team to enhance outreach efforts across multiple platforms during the next phase of the 2045 Siempre Soledad General Plan process. The Commission emphasized that this phase should focus on raising awareness about upcoming programs and policies, while maintaining a transparent and inclusive 351
planning process.
A major area of discussion between Staff and the Commission focused on the Circulation Map, specifically the lack of flexible transportation connections within the Miramonte Specific Plan (MSP) area, particularly between West Street, Orchard Lane, and San Vicente Road. Commissioners directed staff to explore the feasibility of adding an alternative roadway to improve local circulation. Although the MSP annexation is conditionally approved pending completion of the agriculture conservation easement, it was noted that the developer will be responsible for the traffic improvements in the Environmental Impact Report's (EIR) Mitigation Monitoring and Reporting Program to address circulation impacts from future development. Some key improvements, such as roundabouts in the northern part of Soledad, have already been incorporated into the Circulation Map as a result of the MSP. The fair share responsibility for offsite impacts is currently being analyzed and will be included in a future Development Agreement to be presented to the Planning Commission and City Council for review at a later date.
The Commission also highlighted the need to improve and prioritize entry and exit routes in and out of Soledad to strengthen regional connectivity and emergency preparedness. While specific new ramps or access points are not yet reflected on the Draft Circulation Map, this remains a City priority. Staff continues to pursue funding and coordinate with outside agencies to support this effort. As part of the 2045 General Plan, staff will incorporate related policies and programs aimed at planning for an additional entrance or exit to improve mobility and ensure reliable evacuation routes during emergencies. However, the high costs of building an additional ramp, the challenges of securing prime farmland for this purpose, and the lack of support from CALTRANS may make this improvement infeasible in the future. Therefore, the Draft Circulation Map combined with General Plan Update policies and programs (currently in development) will balance the community’s desires and what is realistically achievable.
Lastly, regarding the Draft Land Use Map, the Commission urged staff to maintain flexibility in land use designations and ensure consistency with the Circulation Map. Commissioners supported strategies to maximize available land and encouraged creative approaches to land use planning that support Soledad’s housing goals and economic development opportunities for the benefit of the broader community.
Conclusion and Recommendation
In conclusion, the draft Land Use and Circulation Maps have been developed over nearly two years through technical analysis and community engagement. These maps outline the expected future development patterns and are crucial for the upcoming CEQA analysis, as well as for long-term infrastructure planning related to transportation. Upon Council approval, staff and PlaceWorks will prepare the full Draft 2045 General Plan and the necessary environmental documentation according to State CEQA requirements. The finalized General Plan Update, including the maps, will be presented to the Planning Commission for recommendation and later to the City Council for adoption.
Staff recommends that the Council review the proposed maps, offer modifications, and accept the recommendation from the Planning Commission to proceed with the preparation of the final 2045 General Plan Land Use and Circulation Map and the preparation of the environmental documentation for the General Plan Update under the California Environmental Quality Act.
Financial Considerations
The City entered into a contract with PlaceWorks for an amount not to exceed $1,153,201 to prepare the 352
Exhibit A- 2045 Land Use and Circulation Map
Vision and Guiding Principles
Planning Commission DRAFT Minutes for 6.12.25
Land Use and Circulation Map Presentation
2023–2031 Housing Element and the 2045 General Plan Update for Soledad. A portion of this cost was offset by regional planning grants, including LEAP and REAP 1.0. In December 2024, the City Council approved a scope amendment for $79,900 to include Housing Element implementation efforts, funded through a REAP 2.0 grant awarded by AMBAG. This brought the total contract amount to $1,233,101.
At this time, no additional amendments are anticipated, and the final 2045 General Plan is expected to be certified by January 2026.
Alternatives
Accept the Land Use and Circulation Maps and proceed with the environmental documentation as recommended.
Modify the Land Use and Circulation Maps.
Provide other direction to Staff.
Planning/CEQA
The General Plan Update will undergo an environmental review in accordance with the California Environmental Quality Act (CEQA). Accepting the Land Use and Circulation Maps as part of the drafting process for the General Plan does not qualify as a project under CEQA Section 15378.
Adopting the Land Use and Circulation Map is a crucial step in defining the scope of the General Plan Update needed to carry out the required environmental review and ensure compliance with CEQA. By clearly identifying land use patterns and transportation networks, the City can evaluate and recommend mitigations for potential impacts related to traffic, water, sewer, schools, and other public services as part of this environmental review process.
Public Notice Requirements
None required at this time.
Attachment(s):
353
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Vista
De Soledad
Palm Ave
Gabilan Dr
Front St
West St Bryant Canyon Rd San Vicente Rd
(/101
146
CITY OF SOLEDAD
Source: AMBAG, 2022; ESRI, 2024; Kimley-Horn, 2025; PlaceWorks, 2025 0 0.25 0.5
Miles
Soledad General Plan 2045
Draft Circulation Map
Sphere of Influence
City Limits
Railroad
Proposed Roundabout
Proposed Intersection
Improvements
Æý
Proposed Pedestrian
Improvements
Proposed Traffic Signal
Improvements
Future Traffic Signal
Railroad Crossing
Future Multi-Use Path
Existing Bike Lane - Class II
Proposed Bike Lane - Class II
Class II Extension Along Future
Roads
Proposed Bike Route - Class III
Unpaved Trail
Existing Collector
Existing Arterial
Future Collector
Future Arterial
Future Complete Street
(Pinnacles Parkway)
EXHIBIT A
354
Miramonte Specific Plan Area
Salinas River
Stonewall Creek
Estrella St
Inca Dr
Morsoli Rd
Rockrose St
Park St
Kidder St
Blueridg e St
Vosti Ave
Goldenrod St
Morisoli Rd
Entrada Dr
Las Flores St Barcelona St Granada St
Market St
Orchard Ln
Andalucia
D
r
Prado
Dr
Benito St
Morsoli Rd
Main St Nestles Rd
Vista De
Soled
a
d
Palm Ave
Gabilan Dr
Front St
West St
Bryant Canyon Rd
San Vicente Rd
(/101
146
Soledad General Plan 2045 Draft Land Use Map
CITY OF SOLEDAD
0 0.25 0.5
Miles
Sphere of Influence
City Limits
Land Use Designations
Traditional Neighborhood
Blended Residential
Neighborhood
Multifamily Neighborhood
Downtown
Neighborhood Center
General Commercial
Northern Gateway
Southern Gateway
Parks and Open Space
Public Facility
Industrial
Agriculture
Source: AMBAG, 2022; ESRI, 2024; City of Soledad, 2024; PlaceWorks, 2024 355 PLANNING COMMISSIONRECOMMENDED LAND USE
DESIGNATION
LAND USE DESIGNATION DESCRIPTION EXAMPLE IMAGES
Traditional Neighborhood
(formerly Single Family
Residential)
These established neighborhoods include primarily detached single-family homes, accessory dwelling units, and small multifamily structures. Supporting uses include schools, neighborhood-serving parks, community centers, and places of worship.
Blended Residential
Neighborhood
(formerly Medium Density
Residential)
These residential areas generally have a mix of housing types, including duplexes and triplexes, small apartment buildings, courtyard bungalows, and townhomes. Supporting uses include schools, neighborhood-serving parks, community centers, and places of worship.
Multifamily Neighborhood
(formerly High Density
Residential)
These areas feature apartment buildings large enough to support on-site community spaces, such as playgrounds and gardens, with neighborhood parks and commercial districts nearby, often along major roads.
Neighborhood Center
These key intersections include commercial uses that provide a variety of services and a social hub for nearby residents. Buildings are encouraged to provide retail, dining, and service uses on ground floors with residences above, and horizontal mixed use with offices, personal services, and small-scale retail.
Northern Gateway
The Northern Gateway designation is intended to foster an attractive entry to the City of Soledad featuring a variety of commercial and service-oriented businesses that cater to both local and regional customers.
Southern Gateway
The Southern Gateway designation accommodates a wide range of commercial and light industrial facilities to serve residents and visitors from the surrounding region, such as shopping centers that include theaters, banks, and large-format retail; travel-related services such as gas stations, hotels and restaurants; and manufacturing, warehousing, and/or distribution facilities.
Parks and Open Space
This land use provides a flexible designation for publicly- and privately-owned active recreation areas. Parks can range from neighborhood tot lots to large multipurpose sports facilities, with many active recreation uses in between.
PLANNING COMMISSION-RECOMMENDED NEW
SOLEDAD LAND USE DESIGNATIONS
356
Guiding Principles
Economy
We cultivate a thriving economy that supports
quality retail for our residents’ shopping needs, small businesses, and regional tourism. We aim to provide
our residents with secure and well-paying jobs
that will serve as the backbone of their livelihoods.
Residents are able to shop locally for their essential
needs.
Housing
We ensure access to quality, safe, and diverse
housing near schools, jobs, retail, and parks that is
affordable to residents of all income levels.
Environmental Justice and Equity
We improve the health and well-being of our local
community by addressing environmental, social, and
economic obstacles. We are committed to diversity,
equity, and inclusion and believe everyone has a
voice in shaping Soledad. We engage together as
equal partners in local decision-making processes to
reduce inequalities and disparities in our community.
Community Places
We value parks, public gathering spaces, recreation,
cultural events, and vibrant community places that
are comfortable and welcoming to all regardless of
age or abilities. We advance our beautiful park and
recreation system with amenities that offer moments
of play and connection with our neighbors.
Mobility
We have high-quality road and public transit
systems that help prevent traffic fatalities and severe injuries, minimize traffic congestion, and allow
convenient access to daily destinations. We are
proud of our safe, walkable, accessible, and bikeable
neighborhoods that promote non-automobile
modes of transportation.
Safety
We prioritize a safe and open community with streets
that have ample lighting, well maintained sidewalks
and roads, highly visible crosswalks, protected
bike lanes, and convenient freeway access that
accommodates routes for emergency evacuation.
Our safety and law enforcement providers are
our partners in preventing crime, developing
community-based intervention programs, and
preparing for emergencies. We are committed
to building long-term resilience and embracing
environmental sustainability to protect all residents
from negative environmental impacts.
Youth
We invest in our youth by providing safe communities,
access to health care, workforce development,
educational pathways, quality housing, and parks
and recreational opportunities for their well-being
and growth.
Health
We promote both physical and mental health
services through our infrastructure, facilities,
stores, and services. This includes walking, biking,
and access to healthy and safe foods. Healthcare
and social services are plentiful and accessible to
everyone in the community.
Education
We foster the prosperity of our community by
investing in and expanding a range of educational
opportunities including higher education and
vocational training and resources that prepare
our workforce for well-paying jobs. We are proud
to provide educational and vocational services
in Spanish, English, and other languages spoken
locally.
Vision: Serving as the gateway to Pinnacles National Park, Soledad is a small town with big ideas, that celebrates our rich cultural heritage and diversity. We are a welcoming and inclusive community that is committed to advancing equity, sustainable growth, and environmental stewardship, improving quality of life, supporting businesses, and being a safe and healthy city where everyone thrives.
357
PLANNING COMMISSION
REGULAR MEETING MINUTES
THURSDAY JUNE 12, 2025
CALL TO ORDER
Vice-Chair Sergio Diaz called the regular meeting of the City of Soledad Commission to order at 6:02 PM.
PLEDGE OF ALLEGIANCE
Vice-Chair Sergio Diaz led the Pledge of Allegiance.
ROLL CALL
The following commission members were present during the Roll Call:
Vice-Chair Sergio Diaz
Commissioner Sandy Fuerte
Commissioner Roberto Cruz
Commissioners absent:
Chair Josie Perez-Aguilera
Commissioner Lorenzo Sanchez
PUBLIC COMMENT
Vice-Chair Sergio Diaz opens Public Comment. There are no public comments. Co-Chair Diaz closed Public Comment.
MODIFICATION TO THE AGENDA
The meeting minutes for the following Planning Commission were moved to the next Regular Planning Commission meeting.
COMMISSION BUSINESS
Status Report on the 2025 Siempre Soledad General Plan Update and Request for Direction on the Draft Land Use and Circulation Maps.
Ariana Mora, Senior Planner presented the staff report and presentation and asked if Commissioner’s had any questions through the presentation, they can be asked.
Commissioner Fuerte asked how the maps were developed and why the information gathered from the community being presented to the Planning Commission. 358
Senior Planner Mora explained the land use alternative process and the extensive engagement done to obtain input and how it resembles the maps being presented to the Commission.
Senior Planner Mora continued the presentation of the staff report.
Vice-Chair Diaz commented on the circulation map and questioned why there isn’t a connection between San Vicente to Orchard Lane being proposed through the Miramonte Specific Plan Area. Senior Planner Mora explained the status of Miramonte and how it related to the proposed circulation map.
Senior Planner Mora continued the presentation of the staff report.
Commissioner Fuerte commented on circulation improvements around Andalucia Drive and how the proposed map does not show any traffic calming improvements for one of the biggest senior residential neighborhoods in Soledad. Commissioner Fuerte recommended adding improvements in that part of town. Senior Planner Mora noted the recommendation down.
Senior Planner Mora continued the presentation of the staff report.
Commissioner Cruz questioned why some ongoing street improvements are reflected on the proposed circulation map if the map is intended to reflect the future circulation needs. Senior Planner Mora explained that some improvements are based on timelines. The general plan intends to be adopted by January 2026, and some improvements may not be implemented before then.
Commissioner Cruz commented on attending the Public Works Traffic Safety forum and speaking with the City Traffic Engineer about traffic simulations that indicate where improvements should be made. However, Commissioner Cruz believes that the city should also consider the human factor when analyzing these improvements. Senior Planner Mora explained that through the adoption of a circulation map, goals, policies, and programs may be able to help with his concern.
Community and Economic Development Director (Director) Beatriz Trujillo commented on the goals, policies, and programs, mentioning that it is essential to keep those in mind through this process, so the city becomes more competitive with grants.
Commissioner Cruz expressed his concerns to the City Council regarding the need to prioritize additional entrances and exits to and from Soledad. He urged the City to maintain focus on this issue, particularly with the development of the Miramonte Specific Plan Area. Commissioner Fuerte supported Commissioner Cruz's position and emphasized the importance of emergency preparedness. Commissioner Cruz highlighted the need to have more community members involved in the conversation. Vice-Chair Diaz also commented in support of prioritizing an entrance and exit to Soledad and commented that a new entrance would benefit Miramonte and the city.
Commissioner Fuerte questioned the staff about why the proposed circulation map establishes a minimum baseline. Senior Planner Mora responded that the circulation map is determining the baseline for the goals, and that the policies and programs will be more specific in outlining what a 359
city needs and wants. Director Trujillo commented that the General Plan serves as a comprehensive framework outlining the City's long-term vision and goals. Director Trujillo emphasized the importance of assessing the feasibility of achieving these goals, particularly because it plays a crucial role in staff time and securing grant funding from the State of California.
Senior Planner Mora continued the presentation of the staff report.
Vice Chair Diaz questioned if the Downtown Land Use is being proposed on the other side of the existing railroad line on Front Street. Senior Planner Mora confirmed. Commissioner Cruz and Fuerte commented on the chances of the development of that site and how other cities have developed around rail lines. Director Trujillo stated that the City has been in communication with other regional agencies regarding the planning process for the rail lines. Vice Chair Diaz questioned the feasibility of adding another entrance from Main Street, through the railroad, to Hwy 101, but acknowledged that another location would be a better option.
Commissioner Cruz asked staff in any of the proposed land uses have the potential for residential or commercial purposes. Senior Planner Mora clarified that the Neighborhood Center land use is proposed for mixed-use development, and the Downtown land use will also provide that use.
Commissioner Cruz questioned if the lot on the corner of Gabilan Drive and San Vicente Road is publicly or privately owned. Senior Planner Mora responded that it is publicly owned.
Senior Planner Mora added that the land use map will define individual uses for development, and the new land uses were generated through the community feedback staff has received through the general plan process.
Senior Planner Mora continues the presentation of the staff report.
Commissioner Diaz acknowledged that the draft circulation map should be flexible so that if new traffic issues arise, new improvements should be proposed. Commissioner Fuerte agreed with Commissioner Diaz, especially around schools. Senior Planner Mora commented that the staff’s goal was to make sure flexibility was offered between the circulation and land use maps.
Commissioner Fuerte asked where members of the public can get informed about the proposed changes and provide input. Director Trujillo announced that the City will create a more comprehensive outreach plan in partnership with the Community Engagement Department to reach various age groups within the community regarding its initiatives.
Vice-Chair Diaz also commented on the need to have a strong outreach plan through the community. Commissioner Fuerte stated examples of engagement.
Staff concluded the presentation of the Staff Report.
Vice-Chair Sergio Diaz opened for public comment at 7:44pm. 360
Administrative Secretary, Andrea Navarrete, read a public comment from Michelle Overmeyer, Monterey-Salinas Transit District (MST) Director of Planning and Innovation.
Vice-Chair Dias closed for public comment at 7:45 pm.
Vice Chair Dias opened for Commission discussion.
Commission Fuerte stated that the proposed land use is a flexible model, and flexibility should also be prioritized in the circulation map, ensuring that both maps are aligned with one another.
Additionally, Commissioner Fuerte acknowledged the letter provided by MST and the importance of having flexible options for public transportation.
Commissioner Cruz asked staff if MST is part of the general plan process. Director Trujillo and Senior Planner Mora clarified that they have been part of the process and will look into general plan programs that include MST.
Commissioner Cruz emphasized the flexibility of the circulation map, while Senior Planner Mora clarified that the proposed improvements are described in general terms to maintain that flexibility.
Vice-Chair Diaz concurred with Commissioner Cruz, noting that the City's growth will ultimately dictate the specific types of improvements needed when analyzed individually.
Vice-Chair Diaz added that although the Miramonte Specific Plan Area circulation is still being worked on, the City Council should consider additional routes to and from Miramonte, in particular to San Vicente Road, West Street, and Orchard Lane, like how Gabilan Road currently is. Senior Planner Mora stated that some sections of the street network have been approved through previous actions, and staff is working on final traffic improvements that the developer will be responsible for and will be coming to the Planning Commission and City Council at a later date.
Vice-Chair Diaz reemphasized the need for the City Council to prioritize entrances and exits to Soledad.
Senior Planner Mora clarified the direction from the Planning Commission, where the Commission is recommending acceptance of the proposed maps with the conditions that the City Council consider the Miramonte Specific Plan Area, prioritize Citywide Access Points, have consistency between both maps and increase community engagement efforts for the next phase of the general plan.
Motion:
Commissioner Roberto Cruz motions to recommend that the City Council of the City of Soledad:
(1) accept the General Plan Update Land Use and Circulation Maps as proposed by City Staff (including any changes to the maps recommended today by the Commission), and (2) authorize Staff to proceed with preparation of the environmental documentation for the General Plan Update in accordance with the California Environmental Quality Act (CEQA). With Consideration of the Miramonte Specific Plan, Citywide Access Points, Consistency between both maps, and increased community engagement. The motion was seconded by Co-Chair Sergio Diaz. 361
AYES: Vice-Chair Sergio Diaz, Commissioner Sandy Fuerte, Commissioner Roberto Cruz NOES: None
ABSTAIN: None
ABSENT: Chair Josie Perez-Aguilera, Commissioner Lorenzo Sanchez
PUBLIC HEARINGS
None.
COMMUNITY DEVELOPMENT DIRECTOR’S REPORT
Community and Economic Director Beatriz Trujillo provided an update on various city projects and events in Soledad. Director Trujillo discussed the upcoming Music in the Park event organized by Soledad Parks and Recreation, shared updates on the Homeless Encampment Site, and mentioned developments related to the Soledad Marketplace, among other topics.
Vice-Chair Diaz questioned staff about the Reel Rock Brewery and staff and Commission Fuerte provided an update on the project.
COMMISSIONERS REPORT
Commissioner Fuerte gave an update on the Soledad Chamber of Commerce and the Night Market hosted every other Friday at the Grocery Outlet parking lot.
Commissioner Cruz questioned how the Homeless Encampment Site will affect development on city property. Staff explained it is a temporary project. Director Trujillo provided project details and timeline to the Commission.
Commissioner Cruz spoke to the public, asking them to stay engaged, attend meetings, and ask questions.
ADJOURNMENT
Vice-Chair adjourns this meeting at 8:31 PM.
________________________________
SERGIO DIAZ, Vice-Chair
ATTEST:
___________________________
BEATRIZ TRUJILLO, Commission Secretary
362
Soledad General Plan 2045
Siempre Soledad
Special City Council Meeting
July 2, 2025
363
Soledad General Plan 2045 June 12, 2025
Agenda
▪ General Plan Summary
▪ Project Steps
▪ Circulation and Land Use Maps
▪ Next Steps
▪ Clarifying Questions
▪ City Council Discussion
364
General
Plan
Summary 365
Soledad General Plan 2045 June 12, 2025
What is the General Plan?
▪ Required by State Law
▪ Fundamental land use and development policy
document
▪ Shows how the city will grow and conserve resources
▪ Establishes community vision for the physical form of the city
▪ Identifies important community issues
▪ Basis for fair and consistent local land use decisions and related policies
366
Soledad General Plan 2045 June 12, 2025
General Plan Elements
▪ Custom for Soledad
» Economic Development
» Climate Change (integrated into
multiple elements)
▪ Last Full Update 2005
▪ Required
» Land Use
» Circulation
» Housing (amended in 2024)
» Conservation, Open Space &
Recreation
» Noise
» Safety
» Environmental Justice (integrated
into multiple elements)
367
Project
Steps 368
Soledad General Plan 2045 June 12, 2025
Where Are We Now?
▪ Existing Conditions Memos and Briefing Book
▪ Vision and Guiding Principles
▪ Policy Development
▪ Housing Element
▪ Draft Alternatives
▪ Circulation and Land Use Maps
▪ Draft General Plan document
▪ Environmental Impact Report (EIR)
▪ Final General Plan and Adoption
We Are Here!
369
Soledad General Plan 2045 June 12, 2025
Recent
Project
Timeline
July-October 2024
Draft Alternatives Review
• Hot Summer Days
• Online Survey
• Alternatives Workshop
February 2025
GP Steering Committee Review
First Draft Circulation & Land Use
Maps
June 2025
Public Draft Circulation
& Land Use Maps
May 2024
Vision and Guiding Principles
Approved by City Council
370
Soledad General Plan 2045 June 12, 2025
Alternatives Phase
Alternative 1:
Downtown-Focused Growth
Alternative 2:
Regional Hub Expansion
Thinking about the needs and wants of Soledad
Proposing alternative scenarios
to the Community (this or that)
Showing the community what
the alternatives mean and look like
371
Soledad General Plan 2045 June 12, 2025
Key Input on Alternatives
▪ Majority of commenters preferred combination of the two alternatives ▪ More commercial options throughout the city, both big-box and neighborhood retail
▪ Continue to improve connectivity and transportation safety within Soledad and the region
▪ New railroad crossing
▪ Diverse housing options: single-family, missing middle, multi-family, senior ▪ Build out Downtown as an activity center with retail, restaurants, entertainment
372
Circulation
and Land Use
Maps 373
Soledad General Plan 2045 June 12, 2025
Circulation Map
Legend
374
Soledad General Plan 2045 June 12, 2025
Summary of Circulation Map Updates
▪ Improved bike and pedestrian access, including east-west and through the downtown tunnel
New Proposed
Bike Lanes
New Proposed Bike Lanes
And Pedestrian Safety
Improvements
375
Soledad General Plan 2045 June 12, 2025
Summary of Circulation Map Updates
▪ Railroad crossing at Los Coches (Future Pinnacles Parkway Trail and Complete Street)
▪ Traffic signal upgrades
Complete Street /
Future Pinnacles Parkway
Proposed
traffic signal
Improvements
near
Schools or
Downtown
376
Soledad General Plan 2045 June 12, 2025
Summary of Circulation Map Updates
▪ Roundabouts and
intersection improvements
for bikes and pedestrians
377
Soledad General Plan 2045 June 12, 2025
Land Use Map
Legend
378
Soledad General Plan 2045 June 12, 2025
New
Land Use
Designations
379
Soledad General Plan 2045 June 12, 2025
New Designations (continued)
▪ Traditional Neighborhood (formerly
Single Family Residential): These
established neighborhoods include
primarily detached single-family
homes, accessory dwelling units, and
small multifamily structures.
Supporting uses include schools,
neighborhood-serving parks,
community centers, and places of
worship.
380
Soledad General Plan 2045 June 12, 2025
New Designations (continued)
▪ Blended Residential Neighborhood
(formerly Medium Density Residential):
These residential areas generally have a
mix of housing types, including duplexes
and triplexes, small apartment buildings,
courtyard bungalows, and townhomes.
Supporting uses include schools,
neighborhood-serving parks, community
centers, and places of worship.
381
Soledad General Plan 2045 June 12, 2025
New Designations (continued)
▪ Multifamily Neighborhood (formerly
High Density Residential): These areas
feature apartment buildings large enough
to support on-site community spaces,
such as playgrounds and gardens, with
neighborhood parks and commercial
districts nearby, often along major roads.
382
Soledad General Plan 2045 June 12, 2025
New Designations (continued)
▪ Neighborhood Center: These key
intersections include commercial
uses that provide a variety of
services and a social hub for nearby
residents. Buildings are encouraged
to provide retail, dining, and service
uses on ground floors with
residences above, and horizontal
mixed use with offices, personal
services, and small-scale retail.
383
Soledad General Plan 2045 June 12, 2025
New Designations (continued)
▪ Northern Gateway: The
Northern Gateway designation
is intended to foster an
attractive entry to the City of
Soledad featuring a variety of
commercial and serviceoriented businesses that cater
to both local and regional
customers.
384
Soledad General Plan 2045 June 12, 2025
New Designations (continued)
▪ Southern Gateway: The Southern Gateway
designation accommodates a wide range of
commercial and light industrial facilities to
serve residents and visitors from the
surrounding region, such as shopping centers
that include theaters, banks, and largeformat retail; travel-related services such as gas stations, hotels and restaurants; and
manufacturing, warehousing, and/or
distribution facilities.
385
Soledad General Plan 2045 June 12, 2025
Updated Land Use Designation
▪ Parks and Open Space: This land
use provides a flexible designation
for publicly- and privately-owned
active recreation areas. Parks can
range from neighborhood tot lots to
large multipurpose sports facilities,
with many active recreation uses in
between.
386
Soledad General Plan 2045 June 12, 2025
Summary of Land Use Map Updates
▪ Completed consistency analysis
to reconcile on-the-ground uses
with General Plan designations
▪ Separated Public Facility and
Parks and Open Space
designations
Neighborhood Centers, previously Single-Family
387
Soledad General Plan 2045 June 12, 2025
Summary of Land Use Map Updates
▪ Looked at vacant sites throughout the city to identify areas for denser housing, commercial, and mixed use
▪ Expanded neighborhood and regional
commercial areas
Existing vacant sites proposed Neighborhood Commercial
388
Planning
Commission
Recommendation
389
Soledad General Plan 2045 June 12, 2025
Planning Commission Meeting Overview
▪ Commissioners emphasized the need for expanded public outreach to better inform and engage the community.
▪ Discussion on Circulation Map
» Commissioners noted a lack of flexible transportation connections within the MSP area » Regional Connectivity and Emergency Preparedness
▪ Draft Land Use Map Feedback
» Flexibility in land use designations and alignment with the Circulation Map » Supported creative land use strategies for housing and economic development goals 390
Next Steps 391
Soledad General Plan 2045 June 12, 2025
Next Steps
▪ Full Draft General Plan
▪ Community Comment on
Draft General Plan
▪ State-required
Environmental Review
Process
392
Soledad General Plan 2045 June 12, 2025
Website and Online Activities
https://www.soledadgeneralplan2045.com
▪ Website includes:
» Background information
» Public engagement opportunities
» Events calendar
» Links to documents
▪ Future potential online activities
393
Any Questions? 394
City Council
Discussion
395
Thank you!
396
SUBJECT: Resolution No. 6263, A Resolution of the City Council of the City of Soledad Approving a Subrecipient Agreement with Bay Area Community Services (BACS) in an Amount Not to Exceed $1,700,000 for the Implementation of the Youth Homelessness Demonstration Program (YHDP) and Authorizing the City Manager to Execute said Agreement TO: Honorable Mayor Anna Velazquez and City Council
FROM: Beatriz Trujillo, Community and Economic Development Director, and Kimberly Herrera, Homeless Outreach Coordinator
MEETING DATE: July 2, 2025
CITY OF SOLEDAD
STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 2.
Recommendation
It is recommended that the City Council of the City of Soledad consider and approve Resolution No. 6263 "Approving a Subrecipient Agreement with Bay Area Community Services (BACS) in an Amount Not to Exceed $1,700,000 for the Implementation of The Youth Homelessness Demonstration Program (YHDP) and Authorizing the City Manager to Execute said Agreement".
Executive Summary
In 2023, the CA-506 Continuum of Care for Monterey and San Benito Counties received federal Youth Homelessness Demonstration Program (YHDP) funds to tackle youth homelessness among transitionaged youth (18–24), including those with children. Bay Area Community Services (BACS) initially managed the program, but due to organizational changes, they can no longer do so locally.
Consequently, BACS proposed a sub-recipient agreement with the City of Soledad, where the City’s Homeless Services Coordinator, a former YHDP leader at BACS, can effectively manage the remaining funds. The YHDP funds, totaling up to $1,700,000, will address youth homelessness in South Monterey County by providing support for safe and stable housing, prioritizing eligible residents of Soledad. The funds will cover direct housing assistance, support services, and program costs, and will allow for the hiring of temporary staff to ensure full expenditure by the December 31, 2025 deadline.
Background
In 2023, the CA-506 Continuum of Care for Monterey and San Benito Counties was awarded Youth Homelessness Demonstration Program (YHDP) funds through the U.S. Department of Housing and Urban Development (HUD). The purpose of the YHDP is to support selected communities—including rural, suburban, and urban areas across the United States—in developing and implementing a 397
coordinated, community-wide approach to preventing and ending youth homelessness. The program is designed to serve transition-aged youth (ages 18–24), including those with children, by providing lowbarrier transitional housing and comprehensive wraparound services. Initially, YHDP funds were allocated to Bay Area Community Services (BACS), which led local efforts to serve the transition-aged youth (TAY) population by providing supportive services and facilitating access to housing. However, due to organizational restructuring and the subsequent discontinuation of its operations in Monterey County, BACS is no longer able to administer the program at the local level.
Recognizing the importance of maintaining continuity and leveraging existing expertise, BACS approached the City of Soledad through a proposed sub-recipient agreement to help ensure full expenditure of YHDP funds by the deadline of December 31, 2025. The City’s current Homeless Services Coordinator previously served as the YHDP Program Supervisor with BACS and is deeply familiar with the program’s goals, compliance requirements, and implementation strategies. Given this background, the City’s Homeless Services Coordinator is uniquely positioned to immediately and effectively manage these funds, ensuring timely program execution and maximizing the impact of the remaining resources.
Review & Analysis
The approved Youth Homelessness Demonstration Program (YHDP) funds will play a critical role in addressing youth homelessness in South Monterey County. By administering these funds locally, the City of Soledad will support unhoused transition-aged youth, including those with children, in securing safe, stable, and permanent housing. Priority for services will be given to eligible residents of Soledad.
The funding received through the YHDP sub-recipient agreement with BACS is up to $1,700,000.
These funds will support a wide range of eligible activities, including direct housing assistance, support services, program operations, and administrative costs. The agreement will also allow for the hiring of temporary staff to ensure full expenditure of the funds by the federal deadline. The approved budget includes the following key expenditure categories:
Category Amount Description
Salary + Benefits $738,737.00 Covers personnel costs, including the Homeless Services Coordinator and additional program staff.
Moving Costs $123,905.20 Assists youth in relocating to permanent housing.
Utility Deposits $22,160.00 Helps clients cover utility connection costs during the transition into housing.
Rapid Re-Housing
(RRH)
$660,810.00
Provides rental assistance and housing stabilization
services to transition-aged youth.
Mileage $49,154.85
Supports staff transportation for outreach, case
management, and client visits.
Supplies $9,067.33 Funds essential materials for program implementation.
Rent/Occupancy $16,527.80 Supports the cost of office space used by program staff.
IT/Communications $3,288.00 Covers technology and communication infrastructure.
Insurance/Legal $7,361.00
Includes costs associated with program liability insurance and legal compliance.
City of Soledad
Indirect
$16,310.11 Reflects the City’s indirect administrative and oversight costs.
Total $1,647,321.29
398
Resolution No. 6263
Subrecipient Funding agreement
This YHDP funding represents an opportunity for the City of Soledad to expand its efforts to address youth homelessness. Covering approximately six months of program activity, the funds will be administered by the City's Community and Economic Development Department in collaboration with the Finance Department. This coordinated, internal approach will ensure full compliance with HUD regulations and facilitate the timely and efficient disbursement of resources. In addition to serving transition-aged youth, this funding will enhance the City’s capacity to support current participants in the Encampment Resolution Funding (ERF) initiative and will serve as a vital tool in preventing chronic homelessness among young people in our community.
Given the short expenditure deadline, City staff will consult with HUD and BACS to explore the possibility of pre-paying rental assistance, allowing participants to receive continued support beyond six months. Consequently, some language in the sub-recipient agreement reflects a longer potential support period. If pre-payment is not permitted, all services will conclude by the federal deadline of December 31, 2025. This approach is consistent with the federal Emergency Rental Assistance Program (ERAP) guidelines implemented during the COVID-19 pandemic, in which the City also participated.
Financial Considerations
YHDP funds will be administered by the City's Community and Economic Development Department, in coordination with the Finance and Legal Departments. This internal collaboration will ensure full compliance with HUD regulations and the efficient disbursement of funds.
Alternatives
1. Adopt the Resolution as presented to facilitate the implementation of this program.
2. Defer adoption of the required resolution pending additional information. This is not recommended as it will delay hiring additional staff and the program implementation.
Planning/CEQA
Not a Project. The City of Soledad has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
Public Notice Requirements
Not required.
Attachment(s):
399
RESOLUTION NO. 6263
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD
APPROVING A SUBRECIPIENT AGREEMENT WITH BAY AREA COMMUNITY SERVICES (BACS) IN AN AMOUNT NOT TO EXCEED $1,700,000 FOR THE
IMPLEMENTATION OF THE YOUTH HOMELESSNESS DEMONSTRATION
PROGRAM (YHDP) AND AUTHORIZING THE CITY MANAGER TO EXECUTE
SAID AGREEMENT
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) awarded Youth Homelessness Demonstration Program (YHDP) funds to the CA-506 Continuum of Care for Monterey and San Benito Counties to address youth homelessness among transition-aged youth (TAY), ages 18–24, including those with children; and
WHEREAS, Bay Area Community Services (BACS) was initially allocated YHDP funding to serve transition-aged youth in South Monterey County, but due to organizational restructuring and the discontinuation of operations in Monterey County, BACS is no longer administering the program locally; and
WHEREAS, BACS has proposed a subrecipient agreement with the City of Soledad to ensure the full expenditure of up to $1,700,000 in YHDP funds by the HUD-imposed deadline of December 31, 2025; and
WHEREAS, the City of Soledad, through its Community and Economic Development Department and in collaboration with the Finance Department, is positioned to immediately administer the program, benefiting from the expertise of the City's current Homeless Services Coordinator, who previously served as the YHDP Program Supervisor at BACS; and WHEREAS, these funds will be used for eligible program expenses, including but not limited to salaries and benefits, housing assistance, support services, and administrative costs, to support the goals of preventing and ending youth homelessness in South Monterey County.
NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Soledad that the Subrecipient Agreement with Bay Area Community Services (BACS) for the implementation of the Youth Homelessness Demonstration Program (YHDP) in an amount not to exceed $1,700,000 is hereby approved in substantial form and content and the City Manager is authorized to execute said Agreement on behalf of the City of Soledad.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Soledad duly held on the 2nd day of July 2025, by the following vote:
AYES, in favor thereof, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
400
ABSTAIN, Councilmembers:
ANNA M. VELAZQUEZ, Mayor
ATTEST:
MEGAN HUNTER, City Clerk
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SUBRECIPIENT FUNDING AGREEMENT
BETWEEN
BAY AREA COMMUNITY SERVICES PROVIDERS AND
THE CITY OF SOLEDAD
THIS AGREEMENT is executed on this 2nd day of July 2025. (“Agreement”) between Bay Area Community Service, a California nonprofit agency (hereinafter “BACS”), and the City of Soledad (hereinafter “Subrecipient”).
PART 1- AGREEMENT
Section 1. Definitions (as used in this Agreement)
Except to the extent modified or supplemented by this Agreement, any term defined by the Housing and Urban Development (HUD) or Youth Homeless Demonstration Program (YHDP) shall have the same meaning when used herein.
a. “BACS” means Bay Area Community Services Providers
b. “Subrecipient” shall mean an entity, whether public or private, responsible for administering a project or activity meeting the criteria specified by HUD YHDP regulations, authorized to carry out special activities.
c. “CED” means Community & Economic Development Department, a department within the City of Soledad that develops housing policy and administers housing finance, economic development, and community development programs.
d. “City” means City of Soledad
e. “YHDP” means Youth Homelessness Demonstration Program f. “Application” means application submissions based on which the grant was approved by HUD, including any certifications, assurances, and any information or documentation required to meet any grant award conditions.
Section 2. Term
This Agreement shall commence on July 2, 2025, and expires on December 31, 2025, contingent upon the acceptance of HUD. This Agreement shall not be effective until BACS and the Subrecipient have signed it. The Subrecipient is not authorized to commence work under this agreement until BACS fully executes it.
BACS reserves the right to cancel this Agreement, or any extension, without cause, with a thirty-day (30) written notice, or with immediate cause.
Section 3. Scope of Service
This Agreement, including the attached budget (Exhibit B) and Scope of Services (Exhibit C), will be performed per HUD YHDP regulations and this Agreement. The Subrecipient hereby agrees to perform the services described in Exhibit C in conformity with the terms of this Agreement.
Section 4. Funding
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a. Maximum Payment: The grant funds for YHDP are $1,816,431.10. The total payment to be paid to the Subrecipient under this agreement shall not exceed $1,816,431.10, which includes $16,513.01 for administrative costs.
b. Method of Payment: BACS shall pay the Subrecipient for administrative costs and completion of services covered by this Agreement by Subrecipient invoicing BACS directly for monthly costs.
Subrecipient shall submit invoices periodically or after services have been provided. Invoices should specify the reimbursement amount, itemize service details, and identify the client receiving the direct services.
BACS shall certify the invoice for the requested amount, or an amount approved by BACS under this Agreement, and promptly submit it to the BACS Auditor-Controller for payment. BACS may withhold payment for reimbursement of expenses if the Subrecipient has not complied with the provisions of this Agreement. Non-compliance may include failing to deliver services, submitting client services and required reports, providing documents supporting reimbursement requests and verifying incurred expenditures, maintaining proper records, or other conditions required by this Agreement.
c. Grant and Budget Modifications: The subrecipient cannot make any significant changes to the YHDP project without prior approval from BACS, which must be evidenced by a grant amendment signed by both BACS and the subrecipient. Significant changes include a change of subrecipient, a shift of more than 10 percent in a single year of the total amount awarded under the grant for one approved eligible activity category to another activity, a permanent change in the subpopulation served by the YHDP project, and a permanent proposed reduction in the total number of units funded under the Agreement.
d. Indirect Cost Rate: The subrecipient will not use an indirect cost rate to charge its indirect costs to the grant.
Section 4. Program Requirements
Subrecipient shall carry out each activity in compliance with all applicable federal laws and regulations as described below:
Monitoring Grant Activities:
a. Subrecipient agrees that BACS or its designee shall have the right to review, obtain, and copy all records and supporting documentation about the performance of this Agreement. b. Subrecipient agrees to provide BACS or its designee with any requested information promptly. c. Subrecipient agrees to permit BACS or its designee access to its premises, upon reasonable notice, during regular business hours to interview employees who might reasonably have information related to such records and inspect and copy such books, records, accounts, and other materials that may be relevant to that matter.
Disclosure of Confidential Client Information
Subrecipient and its officers, employees, agents, and subcontractors shall comply with any and all federal, state, and local laws that provide for the confidentiality of records and other information.
Subrecipient shall not disclose any confidential records or other confidential information received 403
from BACS or prepared in connection with the performance of this Agreement, unless BACS specifically permits Subrecipient to disclose such records or information. Subrecipient shall promptly transmit to BACS all requests for disclosure of any confidential documents or information. Subrecipient shall not use any confidential information gained by Subrecipient in the performance of this Agreement except for the sole purpose of carrying out Subrecipient's obligations under this Agreement.
Maintenance of Records
a. Subrecipient shall prepare, maintain, and preserve all reports and records required by federal, state, county, and BACS rules and regulations related to services performed under this Agreement. Subrecipient shall maintain such records for at least three years after receipt of the final payment under this Agreement. If any litigation, claim, negotiation, audit exception, or other action relating to this Agreement is pending at the end of the three years, Subrecipient shall retain said records until such action is resolved. b. When this Agreement expires or terminates, Subrecipient shall return to BACS any BACS records that Subrecipient used or received from BACS to perform services under this Agreement.
Audit Records and Accounting
BACS shall have the right to examine, monitor, and audit all records, documents, conditions, and activities of the SUBRECIPIENT and its subrecipients related to services provided under this Agreement. Pursuant to Government Code section 8546.7, if this Agreement involves the expenditure of public funds over $10,000, the parties to this Agreement may be subject, at the request of BACS or as part of any audit of BACS, to the examination and audit of the State Auditor pertaining to matters connected with the performance of this Agreement for five years after final payment under the Agreement. All records relating to Continuum of Care funds must be retained for 5 years. Copies made by microfilming, photocopying, or similar methods may be substituted for the original records.
BACS has sole authority over accounting and systems for the development, preparation, and safekeeping of records and books of account relating to contracted services, including preparing and submitting any cost reports, supporting data, and other materials in connection with reimbursement under third-party contracts.
Section 5. Program Evaluation and Activity Reporting
a. Subrecipient agrees to participate in HUD-funded research and evaluation studies, and to cooperate with the persons performing the studies and contribute requested information and data.
b. Subrecipient will be responsible for submitting quarterly and annual data in compliance with HUD regulations for SAGE reporting at https://www.sagehmis.info/ Section 6. Insurance
Subrecipient shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Exhibit A.
Section 7. Indemnification
Subrecipient shall hold harmless, defend at its own expense, and indemnify BACS and its officers, officials, employees, agents, and volunteers from and against all liability, claims, damages, losses, 404
and/or expenses including reasonable attorney fees arising from all acts or omissions of Subrecipient or its officers, agents, or employees arising out of the performance of the work under this Contract, caused in whole or in part by any negligent act or omission of the Subrecipient, any Subrecipient, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by, sole negligence or willful misconduct of BACS.
Section 8. Termination
a. BACS shall have the authority to terminate this Agreement, upon thirty days' written notice to the Subrecipient, for any reason whatsoever, or non-performance by the Subrecipient. Such notice shall set forth the effective date of termination. In the event of such termination, the amount payable under this Agreement shall be reduced in proportion to the services provided before the termination date.
b. BACS's payments to the Subrecipient are funded by the federal government. If funds from local, state and federal sources are not obtained and continued at a level sufficient to allow for BACS's completion of the indicated quantity of services, then BACS may give written notice of this fact to Subrecipient, and the obligations of the parties under this Agreement shall terminate immediately, or on such date thereafter, as BACS may specify in its notice, unless in the meanwhile the parties enter into a written amendment modifying this Agreement Section 9. Non-Assignability
The rights and obligations of Subrecipient hereunder are not assignable and cannot be delegated without the written consent of BACS.
Section 10. Entire Agreement
This Agreement constitutes the entire Agreement between the parties hereto and supersedes all prior agreements, whether oral or written, relating to its subject matter. Any modification of the Agreement will be effective only if it is in writing and signed by both parties.
Section 11. Validity
If a court of competent jurisdiction holds any provision in this Agreement as invalid, void, or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated.
Section 12. Counterparts
This Agreement may be executed in multiple originals, each deemed an original, and may be signed in counterparts.
Section 13. Laws
Subrecipient agrees that in the performance of this Agreement, it will comply with all applicable State, Federal, and local laws and regulations. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Soledad.
Subrecipient shall report immediately to BACS in writing any discrepancy or inconsistency it discovers in the laws, ordinances, regulations, orders, and/or guidelines in relation to the YHDP project of the performance of the Services.
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IN WITNESS WHEREOF, this Agreement is entered into by the parties hereto on the day and year first written above.
Exhibit A – Insurance Requirements
Exhibit B - Budget
Exhibit C - Scope of Services
IN WITNESS WHEREOF, as authorized representatives of BAY AREA COMMUNITY SERVICES PROVIDER (BACS), a non-profit corporation, and CITY OF SOLEDAD have executed this Agreement.
Bay Area Community Services City of Soledad
By: ________________________ By: ____________________
Name, Title Name, Title
Date: ______________________ Date: _____________________ 406
EXHIBIT A
INSURANCE REQUIREMENTS
Before the commencement of this Agreement, the Subrecipient shall provide a “Certificate of Insurance” certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, upon BACS's request, the Subrecipient shall provide a certified copy of the policy or policies.
The Subrecipient shall not receive a “Notice to Proceed" with the work under this Agreement until it obtains all required insurance and BACS approves such insurance. This insurance approval shall neither relieve nor decrease the Subrecipient's liability.
MINIMUM SCOPE AND LIMITS OF INSURANCE
Coverage shall be at least as broad as:
(A) Commercial General Liability (“CGL”): Including but not limited to premises and operations, including coverage for Bodily Injury and Property Damage, Personal Injury, Contractual Liability, Broad form Property Damage, Independent Contractors, Products and Completed Operations, with a combined single limit for Bodily Injury and Property Damage of not less than $1,000,000 per occurrence.
(B) Automobile Liability: Covering all motor vehicles, including owned, leased, non-owned, and hired vehicles, used in providing services under this Agreement, with a combined single limit or Bodily Injury and Property Damage of not less than $1,000,000 per occurrence.
(C) Workers’ Compensation insurance is required by the State of California, with statutory limits, and Employer’s Liability Insurance has a limit of no less than $1,000,000 per accident for bodily injury or disease.
(D) Professional Liability insurance appropriate to the work being performed, with limits no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate per policy period of one year
OTHER INSURANCE REQUIREMENTS
Insured Status
All insurance required by this Agreement shall be with a company acceptable to BACS and issued and executed by an admitted insurer authorized to transact Insurance business in the State of California.
Unless otherwise specified by this Agreement, all such insurance shall be written on an occurrence basis, or, if the policy is not written on an occurrence basis, such policy with the coverage required herein shall continue in effect for three years following the date Subrecipient completes its performance of services under this Agreement.
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Notice of Cancellation
Each liability policy shall provide that BACS shall be given notice in writing at least thirty days before any endorsed reduction in coverage or limit, cancellation, or intended non-renewal thereof.
Claims Made Policy
Subrecipient insurance policies shall be “occurrence” and not “claims-made” coverage.
Umbrella Policy
Subrecipient may maintain an Umbrella policy with the insurance policies referenced above. In such case, Subrecipient shall be deemed to have satisfied the insurance requirements of this contract as long as: (i) the coverage limits of the Umbrella policy and the underlying liability policies when combined, satisfy each of the per occurrence and aggregate requirements identified in this subsection A.; and (ii) coverage under the Umbrella policy is as broad as and includes all incidents and events covered by the underlying insurance that it supplements. 408
EXHIBIT B
BUDGET
The Subrecipient will perform the tasks below and achieve the outcomes for a total amount not to exceed $1,647,321.29. Services will be billed monthly to BACS with an itemized invoice for reimbursement.
Eligible Use
Category Item
Supportive Services
Only (SSO)
Rapid Rehousing
(RRH) TOTAL
Supportive Services Salary + Benefits $175,684.00 $563,053.00 $738,737.00 Supportive Services Moving cost $26,549.20 $97,356.00 $123,905.20 Supportive Services Utility Deposits $5,540.00 $16,620.00 $22,160.00 Rental Assistance Rapid Re-Housing
(RRH) $660,810.00 $660,810.00
Supportive Services Mileage $12,000.00 $37,154.85 $49,154.85 Supportive Services Supplies $2,100.00 $6,967.33 $9,067.33 Supportive Services Rent/Occupancy $4,116.00 $12,411.80 $16,527.80 Supportive Services IT/Comms $822.00 $2,466.00 $3,288.00 Supportive Services Insurance/Legal $1,840.00 $5,521.00 $7,361.00 Admin City of Soledad
Indirect $2,286.51 $14,023.60 $16,310.11
Total for Subcontract $251,516.32 $1,416,383.58 $1,647,321.29 409
EXHIBIT C
SCOPE OF SERVICES
Subrecipient shall comply with the following requirements set forth under this Agreement per funded activity for YHDP regulations:
Population
Subrecipient will provide low-barrier transitional housing or support to assist in obtaining permanent housing for transition-aged youth aged 18-24, with or without children, for up to six months. The agreement may be amended for up to 18 months if BACS receives additional funding or if the grant is extended.
Geographic Area
Subrecipient must perform services within CA-506, Monterey and San Benito Counties, Continuum of Care.
HMIS: Coordinated Entry, Assessment, and Referral System Subrecipient agrees to participate in the local Continuum of Care's Homeless Management Information System (HMIS) including requirements to collect the Universal Data Elements and report an array of data of homelessness, including unduplicated counts, the use of services, and the effectiveness of the local homeless assistance system and the Coordinated Assessment and Referral System (CARS) to enter and collect data elements in adherence of Monterey and San Benito Counties Continuum of Care Collaborative (CA-506) policies and funding requirements.
BACS will request the City access to “Enter data as” in the BACS YHDP RRH (Rapid-Rehousing) and SSO (Supportive Services Only) programs stamp in HMIS. The City will enter all services rendered to clients in HMIS.
BACS will have access to all records and reports of service transactions through HMIS Referrals
Subrecipient will obtain referrals from the Coalition of Homeless Services through coordinated entry and the Coordinated Assessment and Referral System (CARS). The subrecipient will assess referrals to determine their program eligibility under HUD’s criteria for homelessness.
Program Types
(1) Rapid Rehousing (RRH)
Tenant-based rental assistance for up to 18 months, option to extend to 24 months Supportive services to assist program participants in obtaining and maintaining stability in permanent housing
Supportive service may be provided for up to 6 months after rental assistance stops (2) Supportive Services Only (SSO)
Grant funds can only be used to pay for the costs of eligible support services provided and listed in eligible activities for YHDP under HUD No rental assistance is paired with the SSO program
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SUBJECT: Resolution No. 6264, a Resolution of the City Council of the City of Soledad Approving a Contract for Construction Services with Monterey Peninsula Engineering in an Amount of $1,078,500 Plus a 10% Contingency ($107,850) for a Total Not to Exceed Amount of $1,186,350 For the Water Reclamation Facility Manhole Replacements Project and Authorizing the City Manager to Execute Said Contract on Behalf of the City of Soledad
TO: Honorable Mayor Velazquez and City Council
FROM: Alex Ramos, Assistant Engineer
MEETING DATE: July 2, 2025
CITY OF SOLEDAD
STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 3.
Recommendation
It is recommended that the City Council of the City of Soledad Consider and Adopt Resolution No. 6264, “Approving a Contract for Construction Services with Monterey Peninsula Engineering in an Amount of $1,078,500 plus a 10% Contingency ($107,850) for a total not to exceed amount of $1,186,350 for the Water Reclamation Facility Manhole Replacements Project and Authorizing the City Manager to Execute said Contract on Behalf of the City of Soledad”.
Executive Summary
Staff has identified 11 high-flow, large pipe manholes buried in farm fields that are in dire need of replacement (one is currently collapsing) in and around the Water Reclamation Facility due to the many years in service and the constant erosion from the hydrogen sulfide gases found within the sanitary sewer system. If these manholes are not replaced, the City would be burdened with costly emergency work for repairs and further costs to continue wastewater services for all its users while repairs are being conducted. Staff is therefore recommending that the City Council consider and approve a contract for construction services with Monterey Peninsula Engineering (MPE) in an amount of $1,078,500 plus a 10% contingency for the Water Reclamation Facility Manhole Replacements Project.
Background
The Soledad Water Reclamation Facility (WRF), since its construction in 2010, has been operating 24/7 for the past 15 years, and as a result, has had its fair share of maintenance, replacements, and most recently underwent a condition assessment. As the WRF continues to age, so does the sanitary sewer 411
collection system network, consisting of several miles of pipes and over a hundred manholes. Over the years, the City has completed several sewer replacement projects, such as the recent completion of the Dixi Street Sewer and Water Line Replacements Project, manhole repairs as needed, and the upcoming Main Street Sewer Line Replacement Project. The attention is now needed for the sanitary sewer system west of highway 101 along and around the farm field and WRF.
The City has three large gravity sewer interceptor pipelines that carry all of the City’s wastewater under the railroad tracks, under Highway 101 and buried under the farm fields between the City and the WRF.
These sewer pipelines were constructed as the City grew and range in age from 30 to 50 years old. In addition, the City owns and operates the large sewer line from CDCR under farm fields to the WRF that was constructed in 1993 and carries up to 1400 gallons per minute. These large sewer pipelines have been the subject of inspection over the past five years, an effort that required staff to coordinate with the farm field owners and excavate the manholes to perform an assessment of the large sewer lines and manholes. The assessment results are that the pipelines are in good condition, however eleven manholes are in need of replacement including one in the CDCR line that is collapsing.
Review & Analysis
Maintenance Staff has specifically identified the need to have eleven manholes replaced as they are beginning to fail due to their long service and erosion from hydrogen sulfide gas within the sewer system. These manholes are located near or in the WRF and will require careful coordination with the neighboring farm field owners. Due to the advanced deterioration of each of the manholes, relining or other maintenance related solutions are not feasible as the concrete is crumbling apart.
Replacing manholes on large sanitary sewer pipelines with up to one million gallons per day of wastewater flowing through them is a difficult, complex and expensive operation, especially when the manholes are buried in active organic farm fields. Large pumps and above-ground bypass piping have to be in place as each manhole is taken out of service. No wastewater can be leaked in the farm fields, and a large spill could take an organic farm field out of service for at least one season. So, replacement of these large manholes with new polymer 50-year manholes is a costly and delicate project. This project may also take a while to complete as we coordinate with the farm field owners to take advantage of any dormant time between harvest and replanting to avoid the cost of taking the areas around the manholes out of crop production.
Staff, therefore, has prepared and formally advertised through Planetbids a formal Request for Bids (RFB) from qualified individuals and firms for the Water Reclamation Facility Manhole Replacements Project. This RFB was bid out on May 25, 2025, and with a bid close date of June 20, 2025. The City received four (4) bids as shown in the table:
Name of Bidder Bid Amount
RCH Construction $429,397.80
Monterey Peninsula Engineering $1,078,500.00
Specialty Construction, Inc. $1,458,250.00
Don Chapin Company $1,642,700.00
Staff reviewed the proposals and determined that MPE was the lowest responsive and responsible bidder. The bid from RCH Construction (RCH), the lowest apparent bidder, was determined to be unresponsive due to deficiencies, including but not limited to the failure to submit the original bid bond to the City by the bid submission deadline.
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Resolution No. 6264
Exhibit A
Manhole Pictures
During the review of MPE’s bid proposals, which came in at $1,078,500, it was noted that the amount significantly exceeded the original engineer’s estimate of $450,000. The design consultant attributed this discrepancy to the use of bid information from a previous project completed by their team, which was used as the basis for the engineer’s estimate. Upon closer review, it was determined that the consultant did not incorporate the complexity of the manholes involving night work and the increase in costs to perform plugging and extensive by-pass pumping. Additionally, polymer concrete manholes have become much more expensive over the last few years. These differences led to a notable increase in prices from contractors. Therefore, MPE’s bid appears to more accurately represent the Project’s true costs.
Financial Considerations
This Project is to be funded through the Sewer Capital Projects Fund: 310-0000-57000 as shown in Capital Improvement Plan (CIP) S02 reflected in the FY 25/26 budget.
Alternatives
Approve the resolution as presented; or
Reject the proposed resolution, which is not recommended as the manholes identified for replacement may fail soon if not addressed
Planning/CEQA
The Project is categorically exempt under Class 1 Existing Facilities, having met the qualifying criteria provided under CEQA Guidelines Section 15301. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of existing or former use. Section 15301 provides some, but does not limit the project scope to, examples of such projects, existing facilities of both investor and publicly owned utilities used to provide electric power, natural gas, sewerage, or public utility services. As detailed above, the Water Reclamation Manhole Replacements Project would be categorized under this description.
Public Notice Requirements
None required.
Attachment(s):
413
RESOLUTION NO. 6264
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD
APPROVING A CONTRACT FOR CONSTRUCTION SERVICES WITH MONTEREY PENINSULA ENGINEERING IN AN AMOUNT $1,078,500 PLUS A 10% CONTINGENCY FOR A TOTAL NOT TO EXCEED AMOUNT OF $1,186,350 FOR
THE WATER RECLAMATION FACILITY MANHOLE REPLACEMENTS PROJECT
AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON
BEHALF OF THE CITY OF SOLEDAD
WHEREAS, the Soledad Water Reclamation Facility (WRF) and Sanitary Sewer System continue to age, there is a need for replacement and maintenance projects; and WHEREAS, the City has completed several sewer-related projects such as the Dixi Street Sewer and Water Line Replacements Project, manhole repairs, and the upcoming Main Street Sewer Replacement project, and there is a need for attention to the sanitary system west of Highway 101; and
WHEREAS, the City has three large gravity sewer interceptor pipelines that carry all of the City’s wastewater across the railroad, under Highway 101, and buried under the farm fields between the City and the WRF that range from 30 to 50 years old, in addition to the CDCR sewer line the City owns and operates to the WRF and carries up to 1400 gallons per minute under the farm fields; and
WHEREAS, after inspection, the maintenance staff has identified the need to have eleven manholes replaced as they are beginning to fail due to their long service life and erosion from hydrogen sulfide gas commonly found in sanitary sewer systems; and WHEREAS, as such, Staff prepared and formally advertised through Planetbids the Water Reclamation Facility Manhole Replacements Project; and
WHEREAS, the City received four (4) bid proposals and after review, Staff determined that the lowest apparent bidder’s bid was unresponsive and that as such, the next lowest bidder, Monterey Peninsula Engineering, was the lowest responsive and responsible bidder; and WHEREAS, the City’s Standard Contract form will be used; and WHEREAS, this Project is in the Capital Improvement Plan (CIP) under project S02 and is to be funded through the use of the Sewer Capital Projects Fund: 310-0000-57000 in the FY 25/26 budget; and
WHEREAS, this Project is categorically exempt under Class 1 Existing Facilities, having met the qualifying criteria provided under CEQA Guidelines Section 15301.
NOW THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Soledad approves a Construction Services Contract between the City of Soledad and Monterey 414
Peninsula Engineering for a total amount not to exceed $1,186,350 for the Construction Services of the Water Reclamation Facility Manhole Replacements Project, a copy of which is attached hereto as “Exhibit A” and by reference incorporated herein, and the City Manager is authorized and directed to execute the same.
PASSED AND ADOPTED by the City Council of the City of Soledad at a regular meeting duly held on the 2
nd day of July 2025 by the following vote:
AYES, and in favor thereof, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
ANNA M. VELAZQUEZ, Mayor
ATTEST:
MEGAN HUNTER, City Clerk
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Exhibit A
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SUBJECT: City of Soledad Transactions and Use Tax Citizen Oversight Committee Appointments
TO: Honorable Mayor Velazquez and City Council
FROM: Megan Hunter, City Manager
MEETING DATE: July 2, 2025
CITY OF SOLEDAD
STAFF REPORT
THROUGH:
AGENDA ITEM NO. 4.
Recommendation
It is recommended that the Mayor consider appointing all three candidates to the Transactions and Use Tax Citizen Oversight Committee, and the City Council consider approving said appointments.
Executive Summary
The City of Soledad's Transactions and Use Tax Citizen Oversight Committee is responsible for reviewing and making recommendations on how the revenues from Measure S and Measure Y are used.
Before 2024, each measure had its own five-member oversight committee. However, the City faced ongoing challenges in achieving quorum for the Measure S Committee. As a result, the Council approved combining the two committees into one Transactions and Use Tax Citizen Oversight Committee. Despite continued outreach efforts, it has been difficult to find qualified residents to serve on the committee. So far, three residents have applied and are recommended for appointment. The Committee still needs one more member to reach quorum. Staff is dedicated to working with the Mayor to find an additional candidate so the Committee can start its work as soon as possible.
Background
The City of Soledad Transactions and Use Tax Citizen Oversight Committee was established by Resolution No. 6141, adopted by the City Council on August 7, 2024. This committee is responsible for reviewing and providing recommendations on the use of revenues generated from the City’s Measure S and Measure Y Transactions and Use Taxes.
The Mayor and City Council shall each annually appoint one member of the public to serve on the TUT Committee for a one-year term. Committee members will be eligible for reappointment by Councilmembers for additional one-year terms as deemed appropriate by the appointor. The Mayor shall appoint two (2) additional Committee members to one-year terms, subject to City Council approval. The Council is encouraged to include amongst its appointments individuals who have 439
specialized knowledge and agree to represent the Committee in one of the following areas: Senior Services, Animal Services, Childcare Services, and the Soledad Youth Council. However, appointments in these areas are discretionary, not mandatory, and appointments made without compliance with this recommendation shall still be accepted.
Review & Analysis
Currently, all seven seats are vacant. With the appointment of the three seats, the City will still not have a quorum to conduct business, however, it is in the interest of the Council to appoint committee members as soon as possible to accelerate the establishment and functions of the Transactions and Use Tax Citizen Oversight Committee (TUT).
The TUT Committee is charged with the review of expenditures of Measure S and Measure Y revenues to ensure the monies have been expended in accordance with the purposes authorized by said Measures.
Additional responsibilities include:
Act in an advisory capacity to the City Council in all matters pertaining to the Measures S and Y sales tax.
Provide oversight of the revenues and expenses pertaining to the portion of the sales tax generated by Measures S and Y.
Review the City’s annual independent audit report which will include the Measure S and Y tax revenue and expenditures.
Provide recommendations to the City Council on the use of Measure S and Y revenue.
Review of the City’s audit and its recommendations for expenditure of the revenue generated from the Measure S and Y taxes. The report shall be presented to the City Council at a public meeting and shall be a public record.
Three candidates have submitted applications to the City: Eugene Ivey, Lourdes M. Infante, and Dr.
Jana Swearengin. Each brings valuable experience and a strong record of community involvement. Mr.
Ivey, with a background in law enforcement, offers insights particularly relevant to Measure Y’s focus on public safety. Ms. Infante, serving as a Community Schools Coordinator, contributes a perspective rooted in education and comprehensive support services for students and families. Dr. Swearengin, a retired psychologist, brings a deep understanding of health and mental health and a commitment to bridging generational divides to foster community cohesion.
Financial Considerations
Members of the TUT Committee are volunteers, but notwithstanding, will receive a $50 stipend for each Committee meeting attended in recognition of the time and effort necessary to carry out Committee member duties.
Alternatives
Approve the appointments of the three candidates.
Do not appoint applicants at this time and direct staff to continue to advertise or recruit for the committee.
Planning/CEQA
Appointments of the Transactions and Use Tax Citizen Oversight Committee (TUT) is not an action 440
1. Eugene Ivey II
2. Lourdes Infante
3. Jana Swearengin
under CEQA.
Public Notice Requirements
Staff has continued to reach out to the public and former committee members in an effort to fill the vacant seats on the TUT Committee. Numerous advertisements have also been placed on the City’s social media pages and website, and a public notice was published in the Salinas Valley Tribune on January 22, 2025.
Attachment(s):
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447
SUBJECT: City Council Discussion on Senate Bills 805 and 627 and Legislative Platform
TO: Honorable Mayor Anna Velazquez and City Council
FROM: Megan Hunter, City Manager
MEETING DATE: July 2, 2025
CITY OF SOLEDAD
STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 5.
Recommendation
It is recommended that the City Council review and discuss Senate Bills 805 and 627, provide direction to staff on whether to take a position on either or both pieces of legislation, and authorize staff to work with Townsend Public Affairs to engage legislators accordingly.
Executive Summary
The City of Soledad, with support from Townsend Public Affairs, actively monitors state legislation that may directly or indirectly impact the community. On June 26, 2025, the City’s Legislative Committee convened to review and discuss two key bills introduced in the current legislative session:
SB 805 (Pérez): Strengthens existing laws regarding the impersonation of government personnel and establishes new requirements for law enforcement transparency and identification.
SB 627 (Wiener): Prohibits law enforcement officers from wearing masks or personal disguises while interacting with the public during their duties, with limited exceptions for undercover operations. While both bills are intended to enhance public trust and accountability, staff noted that SB 627 has drawn significant opposition from multiple state and local law enforcement organizations, who argue that the bill, in its current form, could compromise officer safety and lacks sufficient stakeholder engagement from the law enforcement community. This report presents both bills for Council discussion and seeks direction on whether the City should adopt a formal position.
Background
On March 5, 2025, the City Council adopted a Legislative Platform to strengthen the City of Soledad’s engagement with State representatives and ensure a more proactive approach to legislation impacting our community. This platform serves as a guiding document for evaluating state policies and articulating the Council’s position on current and emerging issues that may directly or indirectly affect the City of Soledad.
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As the 2025 legislative session has progressed, several new bills have emerged in response to growing concerns about immigration enforcement and public safety practices. Prompted in part by recent incidents in Los Angeles, the State has introduced legislation aimed at curbing irresponsible policing tactics—such as the use of face coverings or disguises to intimidate residents—and preventing the rise of vigilante groups, including individuals allegedly acting on behalf of federal immigration authorities.
In light of these developments, the City’s Legislative Committee met on June 26, 2025, and requested that the City Council formally review and discuss two specific bills—SB 805 and SB 627—due to their potential implications for Soledad’s residents, public safety personnel, and local governance.
Review & Analysis
The Legislative Committee was briefed on both pieces of legislation summarized below:
SB 805 (Pérez) – Crimes: Impersonation and Law Enforcement Identification Senate Bill 805 (Pérez), known as the No Vigilantes Act, aims to enhance public safety and law enforcement accountability by expanding existing laws against impersonating government personnel, including peace officers and firefighters, by any means for the purpose of defrauding others. The bill requires law enforcement officers to visibly display identification—such as a name or badge number— while performing official duties, with an exception for undercover personnel. It also allows officers to verify the identity of individuals claiming to be government employees when there is reasonable suspicion or a safety concern. Additionally, SB 805 restricts bail recovery agents from engaging in immigration enforcement and mandates confidentiality regarding a defendant’s immigration status. By creating new misdemeanor offenses and enforcement responsibilities, the bill would impose a statemandated local program.
SB 627 (Wiener) – Law Enforcement: Masks
Senate Bill 627 (Wiener) prohibits law enforcement officers from wearing masks or personal disguises while interacting with the public during the performance of their official duties, with limited exceptions for officers engaged in undercover operations. The bill is intended to promote transparency, accountability, and public trust by ensuring that officers are visibly identifiable during public-facing interactions. It defines law enforcement broadly to include local, state, and federal officers, as well as individuals acting on their behalf. By creating a new misdemeanor offense, SB 627 establishes a statemandated local program that may require law enforcement agencies to update policies and training procedures. While the bill includes a severability clause to preserve its remaining provisions if part is invalidated, it also states that reimbursement for costs will only occur if determined necessary under the state’s statutory processes.
Given that both pieces of legislation directly impact the operations of the Soledad Police Department, Chief Lombardi was invited to provide input on SB 805 and SB 627 during the Legislative Committee’s discussion. The Committee generally expressed support for SB 805, particularly for its provisions aimed at preventing the impersonation of government officials. The Committee noted the timeliness of the legislation, as there is a threat of bail bond agents being used as de facto ICE agents to assist in mass deportations. While the bill’s intent to increase transparency through visible officer identification was viewed positively, the Committee acknowledged that existing state law already requires officers to display a nameplate or badge number. Spencer Street from Townsend Public Affairs stated he would follow up to determine if it is appropriate for the City to submit a general letter of support at this point, since the legislation is still being developed.
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SB 805 Bill Text
SB 627 Bill Text
SB 627 - Fact Sheet from Sponsors
PORAC Position on SB 627
Regarding SB 627, the Committee expressed conceptual support for the bill’s goal of promoting transparency in law enforcement but also acknowledged the serious concerns raised by state, county, and local law enforcement agencies, including the Peace Officers Research Association of California (PORAC). These organizations argue that the bill misrepresents the role of local law enforcement, unfairly politicizes state officers in response to federal immigration activity, and could jeopardize officer safety by prohibiting the use of personal protective equipment such as gas masks in hazardous situations. It was again noted that California law requires law enforcement officers to display identifying information. Mr. Street recommended outreach to Senator Caballero to explore whether amendments could be introduced to better address law enforcement concerns while preserving the bill’s core intent.
Since this legislation is outside the platform's scope, the Legislative Committee and staff are seeking guidance from the entire City Council.
Financial Considerations
The City signed a $60,000 contract with Townsend Public Affairs to help with legislative advocacy and grant writing. This work is included in Townsend’s contract. As mentioned in the summary, if the legislation passes, there might be some additional costs for the Soledad Police Department.
Alternatives
Staff is seeking direction from the City Council.
Planning/CEQA
Legislative advocacy is not considered a project for purposes of CEQA since it has no potential for resulting in either a direct or indirect impact to the environment. (See CEQA Guidelines Section 15378.)
Public Notice Requirements
None.
Attachment(s):
450
AMENDED IN ASSEMBLY JUNE 23, 2025
AMENDED IN SENATE MARCH 26, 2025
SENATE BILL No. 805
Introduced by Senator Pérez Senators Pérez and Wiener
(Principal coauthor: Assembly Member Elhawary)
(Coauthors: Senators Arreguín and Gonzalez)
(Coauthor: Assembly Member Lee)
February 21, 2025
An act to amend Section 2085 of the Insurance Code, relating to insurance. An act to amend Sections 538d, 538e, 538f, 538g, 538h, and 1299.07 of, and to add Sections 13653 and 13654 to, the Penal Code, relating to crimes.
legislative counsel’s digest
SB 805, as amended, Pérez. Homeowners’ insurance: declared disaster areas. Crimes.
Existing law prohibits credibly impersonating a peace officer, firefighter, or employee of a public utility, state or local government agency, or search and rescue team, as specified. Existing law also prohibits willfully and credibly impersonating a peace officer, firefighter, or employee of a public utility, state or local government agency, or search and rescue team through or on an internet website, or by other electronic means, for the purposes of defrauding another.
A violation of these prohibitions is punishable as a misdemeanor.
This bill would extend these offenses to include willfully and credibly impersonating any of those entities through any means for the purpose of defrauding another. By expanding the scope of a crime, this bill would impose a state-mandated local program.
97 451
This bill would require personnel of a law enforcement agency operating in California to visibly display identification that includes either a name or badge number to the public when performing their duties. The bill would exempt personnel operating undercover from these provisions. The bill would make a violation of these provisions a misdemeanor. The bill would define personnel of a law enforcement agency as any officer of a local, state, or federal law enforcement agency or any person acting on behalf of a local, state, or federal law enforcement agency. By creating a new crime and imposing duties on local law enforcement, this bill would impose a state-mandated local program.
The bill would also authorize law enforcement to request an alleged government employee to present identification when there is probable cause or reasonable suspicion of a crime, including, but not limited to, impersonating a peace officer, firefighter, employee of a public utility or government agency, or member of a search and rescue team, or when there is a legitimate safety concern.
Existing law, the Bail Fugitive Recovery Persons Act, regulates bail fugitive recovery agents, defined as a person given written authorization by the bail or depositor of bail and contracted to investigate, surveil, locate, and arrest a bail fugitive and any person employed to assist the bail or depositor of bail to investigate, surveil, locate, and arrest a bail fugitive.
This bill would prohibit a person authorized to apprehend a bail fugitive from using that position for the purposes of immigration enforcement and would require a person authorized to apprehend a bail fugitive to keep a defendant’s immigration status confidential, as specified.
This bill would declare these provisions are severable.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
97 SB 805 — 2 —
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Existing law generally regulates classes of insurance, including fire insurance and homeowners’ insurance. If a property owner or their legal representative is unable to identify the insurer of their property in a declared disaster area, existing law requires the Insurance Commissioner to provide the owner’s information to insurers that issue homeowners’ insurance policies covering fire risks at the owner’s request. Existing law requires an insurer that issued a homeowners’ insurance policy on that property to respond to the property owner or their legal representative within 90 days of receiving their information from the commissioner.
This bill would reduce the above-described timeframe for an insurer to respond to a property owner to 75 days.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares all of the line 2 following:
line 3 (a) The federal government, through the United States line 4 Immigration and Customs Enforcement (ICE), has launched broad line 5 immigration enforcement efforts, deploying personnel from various line 6 federal agencies, including those within the Department of Justice, line 7 as part of the Trump Administration’s immigration enforcement line 8 operations.
line 9 (b) These actions have involved enforcement in and near line 10 locations, such as churches and schools, once considered sensitive line 11 areas, leading to widespread fear and confusion among impacted line 12 communities.
line 13 (c) ICE officers have conducted operations while wearing face line 14 coverings, including gaiter and ski masks, citing the need to protect line 15 their identities from online publication, which can include details line 16 like names, addresses, and telephone numbers.
line 17 (d) The use of face coverings during enforcement activities has line 18 raised concern and criticism, including calls from United States line 19 Senators urging the Department of Homeland Security to require line 20 ICE officers to identify themselves and limit the use of face line 21 coverings during operations.
line 22 (e) At the same time, several news outlets have reported line 23 incidents of individuals impersonating ICE officers to harass or 97 — 3 — SB 805
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line 1 detain others, which undermines public trust in law enforcement, line 2 especially among vulnerable individuals, and pose a threat to line 3 public safety.
line 4 (f) Charges filed against individuals include kidnapping and line 5 impersonating a police officer after allegedly detaining a group line 6 of Latino men, impersonating an ICE officer on a university line 7 campus, and impersonating an ICE officer in connection with the line 8 sexual assault of a woman while threatening her with deportation. line 9 (g) While ICE has publicly condemned impersonations, the line 10 agency’s use of face coverings and lack of consistent, visible line 11 identification is contributing to public confusion and making it line 12 difficult for individuals to distinguish between authorized personnel line 13 and bad actors.
line 14 (h) The state has both the authority and responsibility, under line 15 its police powers, to maintain order and protect the safety and line 16 well-being of all people within its jurisdiction from criminal line 17 conduct.
line 18 (i) In order to carry out this duty effectively, the state must be line 19 able to distinguish between individuals who are lawfully exercising line 20 federal authority and those who are not, particularly in situations line 21 where a person is exhibiting unlawful behavior. line 22 (j) Therefore, the state has a compelling interest in identifying line 23 and verifying who is operating under federal authority within the line 24 state.
line 25 SEC. 2. Section 538d of the Penal Code is amended to read:
line 26 538d. (a) Any person other than one who by law is given the line 27 authority of a peace officer, who willfully wears, exhibits, or uses line 28 the authorized uniform, insignia, emblem, device, label, certificate, line 29 card, or writing, of a peace officer, with the intent of fraudulently line 30 impersonating a peace officer, or of fraudulently inducing the line 31 belief that they are a peace officer, or who willfully and credibly line 32 impersonates a peace officer through or on an internet website, or line 33 by other electronic means, or by any other means, for purposes of line 34 defrauding another, is guilty of a misdemeanor. line 35 (b) (1) Any person, other than the one who by law is given the line 36 authority of a peace officer, who willfully wears, exhibits, or uses line 37 the badge of a peace officer with the intent of fraudulently line 38 impersonating a peace officer, or of fraudulently inducing the line 39 belief that they are a peace officer, is guilty of a misdemeanor line 40 punishable by imprisonment in a county jail not to exceed one 97 SB 805 — 4 —
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line 1 year, by a fine not to exceed two thousand dollars ($2,000), or by line 2 both that imprisonment and fine.
line 3 (2) Any person who willfully wears or uses any badge that line 4 falsely purports to be authorized for the use of one who by law is line 5 given the authority of a peace officer, or which so resembles the line 6 authorized badge of a peace officer as would deceive any ordinary line 7 reasonable person into believing that it is authorized for the use line 8 of one who by law is given the authority of a peace officer, for the line 9 purpose of fraudulently impersonating a peace officer, or of line 10 fraudulently inducing the belief that they are a peace officer, is line 11 guilty of a misdemeanor punishable by imprisonment in a county line 12 jail not to exceed one year, by a fine not to exceed two thousand line 13 dollars ($2,000), or by both that imprisonment and fine. line 14 (c) (1) Except as provided in subdivision (d), any person who line 15 willfully wears, exhibits, or uses, or who willfully makes, sells, line 16 loans, gives, or transfers to another, any badge, insignia, emblem, line 17 device, or any label, certificate, card, or writing, which falsely line 18 purports to be authorized for the use of one who by law is given line 19 the authority of a peace officer, or which so resembles the line 20 authorized badge, insignia, emblem, device, label, certificate, card, line 21 or writing of a peace officer as would deceive an ordinary line 22 reasonable person into believing that it is authorized for the use line 23 of one who by law is given the authority of a peace officer, is guilty line 24 of a misdemeanor punishable by imprisonment in a county jail not line 25 to exceed six months, by a fine not to exceed two thousand dollars line 26 ($2,000), or by both that imprisonment and fine, except that any line 27 person who makes or sells any badge under the circumstances line 28 described in this subdivision is subject to a fine not to exceed line 29 fifteen thousand dollars ($15,000).
line 30 (2) A local law enforcement agency in the jurisdiction that files line 31 charges against a person for a violation of paragraph (1) shall seize line 32 the badge, insignia, emblem, device, label, certificate, card, or line 33 writing described in paragraph (1).
line 34 (d) (1) The head of an agency that employs peace officers, as line 35 defined in Sections 830.1 and 830.2, is authorized to issue line 36 identification in the form of a badge, insignia, emblem, device, line 37 label, certificate, card, or writing that clearly states that the person line 38 has honorably retired following service as a peace officer from line 39 that agency. The identification authorized pursuant to this line 40 subdivision is separate and distinct from the identification 97 — 5 — SB 805
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line 1 authorized by Article 2 (commencing with Section 25450) of line 2 Chapter 2 of Division 5 of Title 4 of Part 6.
line 3 (2) If the head of an agency issues a badge to an honorably line 4 retired peace officer that is not affixed to a plaque or other line 5 memento commemorating the retiree’s service for the agency, the line 6 words “Honorably Retired” shall be clearly visible above, line 7 underneath, or on the badge itself.
line 8 (3) The head of an agency that employs peace officers as defined line 9 in Sections 830.1 and 830.2 is authorized to revoke identification line 10 granted pursuant to this subdivision in the event of misuse or abuse. line 11 (4) For the purposes of this subdivision, the term “honorably line 12 retired” does not include an officer who has agreed to a service line 13 retirement in lieu of termination.
line 14 (e) (1) Vendors of law enforcement uniforms shall verify that line 15 a person purchasing a uniform identifying a law enforcement line 16 agency is an employee of the agency identified on the uniform. line 17 Presentation and examination of a valid identification card with a line 18 picture of the person purchasing the uniform and identification, line 19 on the letterhead of the law enforcement agency, of the person line 20 buying the uniform as an employee of the agency identified on the line 21 uniform shall be sufficient verification.
line 22 (2) Any uniform vendor who sells a uniform identifying a law line 23 enforcement agency, without verifying that the purchaser is an line 24 employee of the agency, is guilty of a misdemeanor, punishable line 25 by a fine of not more than one thousand dollars ($1,000). line 26 (3) This subdivision shall not apply if the uniform is to be used line 27 solely as a prop for a motion picture, television, video production, line 28 or a theatrical event, and prior written permission has been obtained line 29 from the identified law enforcement agency.
line 30 SEC. 3. Section 538e of the Penal Code is amended to read:
line 31 538e. (a) Any person, other than an officer or member of a line 32 fire department, who willfully wears, exhibits, or uses the line 33 authorized uniform, insignia, emblem, device, label, certificate, line 34 card, or writing of an officer or member of a fire department or a line 35 deputy state fire marshal, with the intent of fraudulently line 36 impersonating an officer or member of a fire department or the line 37 Office of the State Fire Marshal, or of fraudulently inducing the line 38 belief that they are an officer or member of a fire department or line 39 the Office of the State Fire Marshal, or who willfully and credibly line 40 impersonates such an officer or member on an internet website, 97 SB 805 — 6 —
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line 1 or by other electronic means, or by any other means, for purposes line 2 of defrauding another, is guilty of a misdemeanor. line 3 (b) (1) Any person, other than the one who by law is given the line 4 authority of an officer or member of a fire department, or a deputy line 5 state fire marshal, who willfully wears, exhibits, or uses the badge line 6 of a fire department or the Office of the State Fire Marshal with line 7 the intent of fraudulently impersonating an officer, or member of line 8 a fire department, or a deputy state fire marshal, or of fraudulently line 9 inducing the belief that they are an officer or member of a fire line 10 department, or a deputy state fire marshal, is guilty of a line 11 misdemeanor punishable by imprisonment in a county jail not to line 12 exceed one year, by a fine not to exceed two thousand dollars line 13 ($2,000), or by both that imprisonment and fine. line 14 (2) Any person who willfully wears or uses any badge that line 15 falsely purports to be authorized for the use of one who by law is line 16 given the authority of an officer or member of a fire department, line 17 or a deputy state fire marshal, or which so resembles the authorized line 18 badge of an officer or member of a fire department, or a deputy line 19 state fire marshal as would deceive any ordinary reasonable person line 20 into believing that it is authorized for the use of one who by law line 21 is given the authority of an officer or member of a fire department line 22 or a deputy state fire marshal, for the purpose of fraudulently line 23 impersonating an officer or member of a fire department, or a line 24 deputy state fire marshal, or of fraudulently inducing the belief line 25 that they are an officer or member of a fire department, or a deputy line 26 state fire marshal, is guilty of a misdemeanor punishable by line 27 imprisonment in a county jail not to exceed one year, by a fine not line 28 to exceed two thousand dollars ($2,000), or by both that line 29 imprisonment and fine.
line 30 (c) Any person who willfully wears, exhibits, or uses, or who line 31 willfully makes, sells, loans, gives, or transfers to another, any line 32 badge, insignia, emblem, device, or any label, certificate, card, or line 33 writing, which falsely purports to be authorized for the use of one line 34 who by law is given the authority of an officer, or member of a line 35 fire department or a deputy state fire marshal, or which so line 36 resembles the authorized badge, insignia, emblem, device, label, line 37 certificate, card, or writing of an officer or member of a fire line 38 department or a deputy state fire marshal as would deceive an line 39 ordinary reasonable person into believing that it is authorized for line 40 use by an officer or member of a fire department or a deputy state 97 — 7 — SB 805
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line 1 fire marshal, is guilty of a misdemeanor, except that any person line 2 who makes or sells any badge under the circumstances described line 3 in this subdivision is guilty of a misdemeanor punishable by a fine line 4 not to exceed fifteen thousand dollars ($15,000). line 5 (d) Any person who, for the purpose of selling, leasing or line 6 otherwise disposing of merchandise, supplies or equipment used line 7 in fire prevention or suppression, falsely represents, in any manner line 8 whatsoever, to any other person that they are a fire marshal, fire line 9 inspector or member of a fire department, or that they have the line 10 approval, endorsement or authorization of any fire marshal, fire line 11 inspector or fire department, or member thereof, is guilty of a line 12 misdemeanor.
line 13 (e) (1) Vendors of uniforms shall verify that a person purchasing line 14 a uniform identifying a firefighting agency or department is an line 15 employee or authorized member of the agency or department line 16 identified on the uniform. Examination of a valid photo line 17 identification card issued by a firefighting agency or department line 18 that designates the person as an employee or authorized member line 19 of the agency or department identified on the uniform shall be line 20 sufficient verification.
line 21 (2) If a person purchasing a uniform does not have a valid photo line 22 identification card issued by a firefighting agency or department, line 23 the person shall present an official letter of authorization from the line 24 firefighting agency or department designating that person as an line 25 employee or authorized member of the agency or department. The line 26 person shall also present a government issued photo identification line 27 card bearing the same name as listed in the letter of authorization line 28 issued by the agency or department.
line 29 (3) Any uniform vendor who sells a uniform identifying a line 30 firefighting agency or department without verifying that the line 31 purchaser is an employee or authorized member of the agency or line 32 department is guilty of a misdemeanor, punishable by a fine of not line 33 more than one thousand dollars ($1,000).
line 34 (4) This subdivision shall not apply if the uniform is to be used line 35 solely as a prop for a motion picture, television, video production, line 36 or a theatrical event, and prior written permission has been obtained line 37 from the identified firefighting agency or department. line 38 (f) This section shall not apply to either of the following:
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line 1 (1) Use of a badge solely as a prop for a motion picture, line 2 television, or video production, or an entertainment or theatrical line 3 event.
line 4 (2) A badge supplied by a recognized employee organization line 5 as defined in Section 3501 of the Government Code representing line 6 firefighters or a state or international organization to which it is line 7 affiliated.
line 8 SEC. 4. Section 538f of the Penal Code is amended to read:
line 9 538f. Any person, other than an employee of a public utility line 10 or district as defined in Sections 216 and 11503 of the Public line 11 Utilities Code, respectively, who willfully presents themselves to line 12 a utility or district customer with the intent of fraudulently line 13 personating an employee of a public utility or district, or of line 14 fraudulently inducing the belief that they are an employee of a line 15 public utility or district, or who willfully and credibly impersonates line 16 an employee of a public utility or district on an internet website, line 17 or by other electronic means, or by any other means, for purposes line 18 of defrauding another, is guilty of a misdemeanor and shall be line 19 punished by imprisonment in a county jail not to exceed six line 20 months, or by a fine not to exceed one thousand dollars ($1,000), line 21 or by both that fine and imprisonment. Nothing in this section shall line 22 be construed to prohibit conduct that arguably constitutes protected line 23 activity under state labor law or the National Labor Relations Act line 24 (Title 29, United States Code, Section 151 and following). line 25 SEC. 5. Section 538g of the Penal Code is amended to read:
line 26 538g. (a) Any person, other than a state, county, city, special line 27 district, or city and county officer or employee, who willfully line 28 wears, exhibits, or uses the authorized badge, photographic line 29 identification card, or insignia of a state, county, city, special line 30 district, or city and county officer or employee, with the intent of line 31 fraudulently personating a state, county, city, special district, or line 32 city and county officer or employee, or of fraudulently inducing line 33 the belief that they are a state, county, city, special district, or city line 34 and county officer or employee, or who willfully and credibly line 35 impersonates such an officer or member on an internet website, line 36 or by other electronic means, or by any other means, for purposes line 37 of defrauding another, is guilty of a misdemeanor. line 38 (b) Any person who willfully wears, exhibits, or uses, or line 39 willfully makes, sells, loans, gives, or transfers to another, any line 40 badge, photographic identification card, or insignia, which falsely 97 — 9 — SB 805
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line 1 purports to be for the use of a state, county, city, special district, line 2 or city and county officer or employee, or which so resembles the line 3 authorized badge, photographic identification card, or insignia of line 4 a state, county, city, special district, or city and county officer or line 5 employee as would deceive an ordinary reasonable person into line 6 believing that it is authorized for use by a state, county, city, special line 7 district, or city and county officer or employee, is guilty of a line 8 misdemeanor, except that any person who makes or sells any badge line 9 under the circumstances described in this subdivision is subject to line 10 a fine not to exceed fifteen thousand dollars ($15,000). line 11 (c) This section shall not apply to either of the following:
line 12 (1) Use of a badge solely as a prop for a motion picture, line 13 television, or video production, or an entertainment or theatrical line 14 event.
line 15 (2) A badge supplied by a recognized employee organization line 16 as defined in Section 3501 of the Government Code or a state or line 17 international organization to which it is affiliated. line 18 SEC. 6. Section 538h of the Penal Code is amended to read:
line 19 538h. (a) Any person, other than an officer or member of a line 20 government agency managed or affiliated search and rescue unit line 21 or team, who willfully wears, exhibits, or uses the authorized line 22 uniform, insignia, emblem, device, label, certificate, card, or line 23 writing of an officer or member of a government agency managed line 24 or affiliated search and rescue unit or team, with the intent of line 25 fraudulently impersonating an officer or member of a government line 26 agency managed or affiliated search and rescue unit or team, or line 27 of fraudulently inducing the belief that they are an officer or line 28 member of a government agency managed or affiliated search and line 29 rescue unit or team, or uses the same to obtain aid, money, or line 30 assistance within this state, or who willfully and credibly line 31 impersonates such an officer or member on an internet website, line 32 or by other electronic means, or by any other means, for purposes line 33 of defrauding another, is guilty of a misdemeanor. line 34 (b) (1) Any person, other than the one who by law is given the line 35 authority of an officer or member of a government agency managed line 36 or affiliated search and rescue unit or team, who willfully wears, line 37 exhibits, or uses the badge of a government agency managed or line 38 affiliated search and rescue unit or team with the intent of line 39 fraudulently impersonating an officer or member of a government line 40 agency managed or affiliated search and rescue unit or team, or 97 SB 805 — 10 —
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line 1 fraudulently inducing the belief that they are an officer or member line 2 of a government agency managed or affiliated search and rescue line 3 unit or team, is guilty of a misdemeanor punishable by line 4 imprisonment in a county jail not to exceed one year, by a fine not line 5 to exceed two thousand dollars ($2,000), or by both that line 6 imprisonment and fine.
line 7 (2) Any person who willfully wears or uses any badge that line 8 falsely purports to be authorized for the use of one who by law is line 9 given the authority of an officer or member of a government agency line 10 managed or affiliated search and rescue unit or team, or that line 11 resembles the authorized badge of an officer or member of a line 12 government agency managed or affiliated search and rescue unit line 13 or team as would deceive any ordinary reasonable person into line 14 believing that it is authorized for the use of one who by law is line 15 given the authority of an officer or member of a government agency line 16 managed or affiliated search and rescue unit or team, for the line 17 purpose of fraudulently impersonating an officer or member of a line 18 government agency managed or affiliated search and rescue unit line 19 or team, or of fraudulently inducing the belief that they are an line 20 officer or member of a government agency managed or affiliated line 21 search and rescue unit or team, is guilty of a misdemeanor line 22 punishable by imprisonment in a county jail not to exceed one line 23 year, by a fine not to exceed two thousand dollars ($2,000), or by line 24 both that fine and imprisonment.
line 25 (c) As used in this section, the following terms have the line 26 following meanings:
line 27 (1) “Member” means any natural person who is registered with line 28 an accredited disaster council for the purpose of engaging in line 29 disaster service without pay or other consideration. Food and line 30 lodging provided, or expenses reimbursed for these items, during line 31 a member’s activation do not constitute other consideration. line 32 (2) “Search and rescue unit or team” means an entity engaged line 33 in the acts of searching for, rescuing, or recovering by means of line 34 ground, marine, or air activity, any person that becomes lost, line 35 injured, or is killed while outdoors or as a result of a natural or line 36 manmade disaster, including instances involving searches for line 37 downed or missing aircraft.
line 38 SEC. 7. Section 1299.07 of the Penal Code is amended to read:
line 39 1299.07. (a) An individual authorized by Section 1299.02 to line 40 apprehend a bail fugitive shall not represent himself or herself 97 — 11 — SB 805
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line 1 themselves in any manner as being a sworn law enforcement line 2 officer.
line 3 (b) An individual authorized by Section 1299.02 to apprehend line 4 a bail fugitive shall not wear any uniform that represents himself line 5 or herself themselves as belonging to any part or department of a line 6 federal, state, or local government. Any uniform shall not display line 7 the words United States, Bureau, Task Force, Federal, or other line 8 substantially similar words that a reasonable person may mistake line 9 for a government agency.
line 10 (c) An individual authorized by Section 1299.02 to apprehend line 11 a bail fugitive shall not wear or otherwise use a badge that line 12 represents himself or herself themselves as belonging to any part line 13 or department of the federal, state, or local government. line 14 (d) An individual authorized by Section 1299.02 to apprehend line 15 a bail fugitive shall not use a fictitious name that represents himself line 16 or herself themselves as belonging to any federal, state, or local line 17 government.
line 18 (e) An individual authorized by Section 1299.02 to apprehend line 19 a bail fugitive may wear a jacket, shirt, or vest with the words line 20 “BAIL BOND RECOVERY AGENT,” “BAIL ENFORCEMENT,” line 21 or “BAIL ENFORCEMENT AGENT” displayed in letters at least line 22 two inches high across the front or back of the jacket, shirt, or vest line 23 and in a contrasting color to that of the jacket, shirt, or vest. line 24 (f) An individual authorized by Section 1299.02 to apprehend line 25 a bail fugitive shall not use that position for the purposes of line 26 immigration enforcement, as defined in subdivision (f) of Section line 27 7284.4 of the Government Code.
line 28 (g) An individual authorized by Section 1299.02 to apprehend line 29 a bail fugitive shall keep a defendant’s immigration status line 30 confidential within their employing bail bond agency’s business. line 31 SEC. 8. Section 13653 is added to the Penal Code, to read:
line 32 13653. (a) An employee of a law enforcement agency may line 33 request an alleged law enforcement employee to present line 34 identification when there is probable cause or reasonable suspicion line 35 of a crime, including, but not limited to, impersonating a peace line 36 officer, or when there is a legitimate safety concern. line 37 (b) For the purposes of this section, “employee of a law line 38 enforcement agency” includes any employee of any local, state, line 39 or federal law enforcement agency or any person acting on behalf line 40 of a local, state, or federal law enforcement agency. 97 SB 805 — 12 —
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line 1 SEC. 9. Section 13654 is added to the Penal Code, to read:
line 2 13654. (a) Personnel of a law enforcement agency operating line 3 in California shall visibly display identification that includes either line 4 a name or badge number to the public when performing their line 5 duties.
line 6 (b) This section does not apply to personnel while operating line 7 undercover.
line 8 (c) A violation of this section is punishable as a misdemeanor. line 9 (d) For the purposes of this section, “personnel of a law line 10 enforcement agency” means any officer of a local, state, or federal line 11 law enforcement agency or any person acting on behalf of a local, line 12 state, or federal law enforcement agency.
line 13 SEC. 10. The provisions of this act are severable. If any line 14 provision of this act or its application is held invalid, that invalidity line 15 shall not affect other provisions or applications that can be given line 16 effect without the invalid provision or application. line 17 SEC. 11. No reimbursement is required by this act pursuant line 18 to Section 6 of Article XIII B of the California Constitution for line 19 certain costs that may be incurred by a local agency or school line 20 district because, in that regard, this act creates a new crime or line 21 infraction, eliminates a crime or infraction, or changes the penalty line 22 for a crime or infraction, within the meaning of Section 17556 of line 23 the Government Code, or changes the definition of a crime within line 24 the meaning of Section 6 of Article XIII B of the California line 25 Constitution.
line 26 However, if the Commission on State Mandates determines that line 27 this act contains other costs mandated by the state, reimbursement line 28 to local agencies and school districts for those costs shall be made line 29 pursuant to Part 7 (commencing with Section 17500) of Division line 30 4 of Title 2 of the Government Code.
line 31 SECTION 1. Section 2085 of the Insurance Code is amended line 32 to read:
line 33 2085. (a) (1) In the case of a declaration of a disaster by the line 34 President of the United States or the Governor, if a property owner line 35 or owner’s legal representative is unable to identify the insurer of line 36 the owner’s property that is located in the declared disaster area, line 37 the commissioner shall, at the request of the property owner or line 38 owner’s legal representative, electronically provide the property line 39 owner’s name, any contact information provided to the 97 — 13 — SB 805
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line 1 commissioner, and property location information to insurers that line 2 issue homeowners’ insurance policies subject to Section 2071. line 3 (2) The commissioner or an insurer may conclusively presume line 4 that a request submitted pursuant to paragraph (1) is a bona fide line 5 request from the property owner or owner’s legal representative. line 6 Information transmitted to the commissioner or an insurer pursuant line 7 to this section shall, within the meaning of subdivision (b) of line 8 Section 1798.24 of the Civil Code, constitute information provided line 9 with the voluntary written consent of the person transmitting the line 10 information and shall authorize the commissioner or an insurer to line 11 provide the information to others in accordance with this section. line 12 A reasonable expectation of privacy shall not exist for the line 13 information provided to the commissioner or an insurer pursuant line 14 to this section and a cause of action shall not arise and liability line 15 shall not be imposed against the commissioner or an insurer, the line 16 commissioner’s or an insurer’s authorized representatives, or any line 17 department or insurer employee for statements made or conduct line 18 performed in good faith while carrying out the provisions of this line 19 section.
line 20 (3) Communication between a property owner or owner’s legal line 21 representative and the commissioner, and between the line 22 commissioner and insurers, shall not constitute the filing of a claim. line 23 (b) An insurer that issues homeowners’ insurance policies line 24 subject to Section 2071 shall provide the commissioner with an line 25 email address for accepting an electronic transmission from the line 26 commissioner pursuant to subdivision (a).
line 27 (c) (1) An insurer that issues homeowners’ insurance policies line 28 subject to Section 2071 shall respond to the property owner or line 29 owner’s legal representative within 75 days after receiving a line 30 transmission pursuant to subdivision (a) and shall indicate if the line 31 insurer issued a homeowners’ insurance policy on the property line 32 located in the disaster area and identified in the commissioner’s line 33 communication that was in force at the time that the disaster line 34 occurred. An insurer’s response to the property owner or owner’s line 35 legal representative pursuant to this paragraph shall not be an line 36 acknowledgment of a claim, and shall not constitute an admission line 37 of coverage under any policy for any loss.
line 38 (2) Notwithstanding paragraph (1), the department and the line 39 insurer shall not be required to respond to a property owner or the 97 SB 805 — 14 —
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line 1 owner’s legal representative if the insurer determines that it did line 2 not issue a policy for the property.
line 3 (3) A response by an insurer to the property owner or the line 4 owner’s legal representative pursuant to paragraph (1) shall be line 5 provided free of charge.
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AMENDED IN ASSEMBLY JUNE 24, 2025
AMENDED IN ASSEMBLY JUNE 16, 2025
SENATE BILL No. 627
Introduced by Senators Wiener and Arreguín Wiener, Arreguín, and Pérez
(Coauthor: Senator Caballero)
(Coauthors: Assembly Members Elhawary, Kalra, and Lee)
February 20, 2025
An act to add Section 185.5 to the Penal Code, relating to law enforcement.
legislative counsel’s digest
SB 627, as amended, Wiener. Law enforcement: masks.
Existing law makes it a misdemeanor to wear a mask, false whiskers, or any personal disguise, as specified, with the purpose of evading or escaping discovery, recognition, or identification while committing a public offense, or for concealment, flight, evasion, or escape from arrest or conviction for any public offense.
This bill would make it a misdemeanor crime for a law enforcement officer to wear any mask or personal disguise while interacting with the public in the performance of their duties, except as specified. The bill would exempt an officer engaged in an undercover assignment from these provisions. The bill would define law enforcement officer as any officer of a local, state, or federal law enforcement agency, or any person acting on behalf of a local, state, or federal law enforcement agency.
By creating a new crime, this bill would impose a state-mandated local program. The bill would additionally state the intent of the Legislature to enact legislation to ensure that Special Weapons and Tactics team officers can utilize gear necessary to protect their faces from physical
97 466
harm while they perform their duties, and to enact legislation to require local, state, and federal law enforcement officers to include their name or badge number on their uniforms.
This bill would declare its provisions to be severable.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 185.5 is added to the Penal Code, to read:
line 2 185.5. (a) A law enforcement officer shall not wear any mask line 3 or personal disguise while interacting with the public in the line 4 performance of their duties, except for medical grade masks that line 5 are surgical or N95 respirators designed to prevent the transmission line 6 of airborne diseases and diseases, masks designed to protect against line 7 exposure to smoke during a state of emergency related to wildfires. line 8 wildfires, or protective gear used by Special Weapons and Tactics line 9 (SWAT) team officers necessary to protect their faces from harm line 10 while they perform their SWAT responsibilities. line 11 (b) A violation of this section shall be punishable as a line 12 misdemeanor.
line 13 (c) (1) It is the intent of the Legislature to enact legislation to line 14 ensure that Special Weapons and Tactics (SWAT) team officers line 15 can utilize gear necessary to protect their faces from physical harm line 16 while they perform their SWAT responsibilities. line 17 (2) It is the intent of the Legislature to enact legislation to require line 18 law enforcement officers to include their name or badge number line 19 on their uniforms.
line 20 (b) This section does not apply to an officer while they are line 21 engaged in an undercover assignment.
line 22 (c) (1) A violation of this section by any person acting on behalf line 23 of a local, state or federal agency, that is not a sworn peace officer line 24 or agent, shall be a misdemeanor.
line 25 (2) A violation of this section by a sworn peace officer of a local, line 26 state, or federal law enforcement agency, or an agent of a state, 97 SB 627 — 2 —
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line 1 local, or federal agency, shall be an infraction. A second or line 2 subsequent violation shall be an infraction or a misdemeanor. line 3 (d) (1) For the purposes of this section, “law enforcement line 4 officer” means any officer of a local, state, or federal law line 5 enforcement agency, or any person acting on behalf of a local, line 6 state, or federal law enforcement agency.
line 7 (2) For the purposes of this section, “mask or personal disguise” line 8 does not include a face shield if it does not conceal the wearer’s line 9 face.
line 10 (e) The provisions of this section are severable. If any provision line 11 of this section or its application is held invalid, that invalidity shall line 12 not affect other provisions or applications that can be given effect line 13 without the invalid provision or application.
line 14 SEC. 2. No reimbursement is required by this act pursuant to line 15 Section 6 of Article XIIIB of the California Constitution because line 16 the only costs that may be incurred by a local agency or school line 17 district will be incurred because this act creates a new crime or line 18 infraction, eliminates a crime or infraction, or changes the penalty line 19 for a crime or infraction, within the meaning of Section 17556 of line 20 the Government Code, or changes the definition of a crime within line 21 the meaning of Section 6 of Article XIII B of the California line 22 Constitution.
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SB 627 No Secret Police in America Act – 6.24.25
SUMMARY
Senate Bill 627 prohibits law enforcement at all
levels operating in California from covering their
faces while conducting operations, with limited
exemptions for masking for medical or firerelated reasons. The bill states exempts SWAT and undercover officers from this requirement.
Public safety depends on the public’s trust in law
enforcement, and public trust is undermined
when masked, unidentified, and armed agents
disrupt communities and disappear members of
the public without warrant or warning and
without anyone knowing who they are. It
foments an atmosphere of chaos and mistrust and
encourages vigilantism. SB 627 bolsters public
safety and trust in law enforcement by requiring
enforcement be conducted in an open and
transparent manner — and making crystal clear
that in America, there are no secret police.
BACKGROUND
In recent months, federal law enforcement
officials have conducted raids — in California
and across the country — while covering their
faces and, at times, badges, names, and other
identifying information. They sometimes wear
jackets stating “Police” — effectively
impersonating local law enforcement. Such raids
have occurred in Los Angeles, San Francisco,
Concord, Downey, Montebello, and many other
places since the new federal administration
began ramping up its immigration enforcement
efforts.
In some operations, federal law enforcement
have appeared masked to grab residents off the
street and whisk them away to detention centers
across state lines without contacting their
families or loved ones. University students,
workers, and others have been grabbed off the
street, sent to detention centers and even been
sent to a gulag in El Salvador.
The use of face coverings and failure to provide
identifying information have uncovered a glaring
omission in state law: that all law enforcement
should be identifying themselves and not hiding
their identities. Given that the current federal
administration is urging and even trying to force
state and local law enforcement to help enforce
immigration laws, California should end this
omission for all levels of law enforcement.
Secret police forces are core features of
authoritarian regimes. They frequently appear
masked and unidentified to intimidate or
disappear members of the ruling regime’s
political opposition. One in four Californians was
born outside of the U.S., and many have direct —
and frequently traumatic — experience with such
secret police in their home countries.
PROBLEM
The introduction of unidentified law enforcement
conducting operations in the U.S. is already
disrupting communities and undermining public
safety. In Florida, a woman was recently arrested
for allegedly dressing as a masked ICE officer
and kidnapping her ex-boyfriend's wife. Public
acceptance of secret police tactics will only
inspire more copycat behavior from the public.
Masking their faces while conducting operations
undermines the public’s trust in law enforcement
– making it less likely people will report crimes
and testify in court. This practice also inspires an
environment of fear among the general public
that runs counter to the basic principles of
democracy.
Senator Scott Wiener (SD-11) and Senator Jesse Arreguín (SD-7) Senate Bill 627 – No Secret Police Act Fact Sheet
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SB 627 No Secret Police in America Act – 6.24.25
SOLUTION
SB 627 prohibits law enforcement officers from
wearing any mask or personal disguise while
interacting with the public in the performance of
their duties. The bill exempts medical grade
masks (surgical or N95) and masks designed to
protect against exposure to smoke during a state
of emergency related to wildfires. The bill
defines law enforcement officers as any officer
of a local, state, or federal law enforcement
agency, or any person acting on behalf of a local,
state, or federal law enforcement agency. A
violation of this prohibition is punishable as a
misdemeanor.
This bill ensures that SWAT and undercover
officers can protect their faces from physical
harm while performing their responsibilities.
SUPPORT
Mexican American Legal Defense and
Educational Fund (MALDEF) (cosponsor)
Prosecutors Alliance of California (cosponsor)
Bend the Arc
California Rural Legal Assistance
Foundation (CRLAF)
IKAR
CO-AUTHORS
Senator Arreguín (Joint)
Senator Perez (Joint)
Senator Caballero
Senator Gonzalez
Senator McNerney
Senator Stern
Assemblymember Elhawary
Assemblymember Kalra
Assemblymember Lee
FOR MORE INFORMATION
Stella Fontus, Policy Analyst
Email: [email protected]
Phone: (916) 651-4011
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PORAC Opposes SB 627, Dubbed the “No Secret Police Act,” Citing Risks to Officers and Community Safety
Sacramento, CA – Yesterday, California State Senators Scott Wiener of San Francisco and Jesse Arreguín of Oakland introduced Senate Bill 627, which if passed will prohibit law enforcement at the local, state and federal level from covering their faces while conducting operations in California and require officers to be identifiable via their uniform. This bill was introduced in response to the recent immigration raids across the state and according to Senator Wiener will “help end the emerging trend of secret police grabbing people off the streets.”
Brian R. Marvel, President of the Peace Officers Research Association of California (PORAC), the largest statewide law enforcement association in the nation representing over 83,000 public safety members, released the following statement in response:
“First and foremost, thank you to the local law enforcement officers throughout the state who have made it possible for Californians to safely demonstrate their First Amendment rights last week. In regard to SB 627, we wish Senator Weiner and Senator Arreguín would have worked with PORAC before introducing this bill – it would have prevented the need for us to publicly call out how ill-conceived it is.
Let me be clear: California’s local law enforcement officers are not ICE. Existing state law prevents us from enforcing federal immigration policies, and our involvement in the activities from the last week have been focused on protecting Californian’s ability to protest peacefully. We are not an extension of the federal government. We are a part of California’s communities, which we are proud to serve and call home. Using local law enforcement as a punching bag to grandstand against the federal government should not be an acceptable practice from our state leaders. It is misdirected, misguided, and intolerable.
Instead, this unnecessary bill would effectively ban personal protective equipment – like face shields and gas masks—used in high-risk situations such as riots or chemical exposures. SB 627 would force our officers to choose between personal protection and a misdemeanor, risking their safety and our communities’ safety for a law that solves nothing. California already has robust oversight measures to ensure that officers can be identified and held responsible for their actions, including language in our penal code which requires uniformed officers to wear a badge, nameplate or other device which clearly displays their ID number or name. Moreover, California lacks the authority to regulate federal officers’ attire or operations, a fight better suited for Washington, D.C. where a bill has already been introduced to prevent ICE agents from concealing their identities.
Our communities deserve both safe officers and transparent policing. We invite Californians to join us in voicing concerns to their legislators how this bill is unnecessary.” ###
For Immediate Release:
June 17, 2025
Contact:
Melanie Tuberman
[email protected]
(607) 744-0784
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About the Peace Officers Research Association of California:
The Peace Officers Research Association of California (PORAC) was incorporated in 1953 as a professional federation of local, state, and federal law enforcement agencies. PORAC represents over 83,000 public safety members and over 955 associations, making it the largest law enforcement organization in California and the largest statewide association in the nation. 472