Agenda packet — Rancho Cordova City Council, June 20, 2022 (part 2 of 2)

3869901.2
Land Exchange Agreement
Los Rios Community College

11 exercising any remedy or right be considered a waiver of, or an estoppel against, the later exercise of such remedy or right.

14. 7 Default and Remedies. An event of default (“Default”) under this Agreement shall occur if either Party fails to comply with any of such Party’s covenants or obligations set forth herein and does not cure such failure within ten (10) days after receipt of written notice thereof (or in the case of a non-monetary default, fails to commence to cure such default within such 10-day period and fails to thereafter proceed with due diligence to cure such default.) Upon the occurrence of an event of default hereunder the Parties may pursue all remedies at law or in equity including the remedy of specific performance. The rights and remedies of the Parties hereunder are cumulative, and the exercise or failure to exercise one or more of such rights or remedies by either Party shall not preclude the exercise by it, at the same time or different times, of any right or remedy for the same default or any other default.

14 .8 Entire Agreement. This Agreement, together with Exhibits A through E which are hereby incorporated by reference, contains the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, documents and discussions pertaining thereto.

14 .9 Binding Effect; Due Authorization. This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest and assigns of each of the Parties hereto. Any reference in this Agreement to a specifically named party shall be deemed to apply to any successor, heir, administrator, executor or assign of such party who has acquired an interest in compliance with the terms of this Agreement, or under law.

14. 1 0 Parties Not Co-Venturers; No Brokers. Nothing in this Agreement is intended to or does establish the parties as partners, co-venturers, or principal and agent with one another. Each Party hereby represents and warrants to the other Party that it has retained no broker or other party to whom a commission or finder's fee is due with respect to the transactions contemplated hereby. Each Party agrees to defend, indemnify, and hold the other Party harmless from and against all claims, losses, costs, expenses and liabilities arising in connection with a breach of this representation and warranty by the indemnifying party. The terms of this Section shall survive the expiration or earlier termination of this Agreement and shall survive Close of Escrow.

14 .11 No Third Party Beneficiaries. Nothing contained in this Agreement is intended by the Parties, nor shall any provision of this Agreement be deemed or construed by the Parties or by any third person, to be for the benefit of any third party, nor shall any third party have any right to enforce any provision of this Agreement or be entitled to damages for any breach by District or City of any of the provisions of this Agreement.

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3869901.2
Land Exchange Agreement
Los Rios Community College

12 14.12 Captions; Interpretation. The section headings used herein are solely for convenience and shall not be used to interpret this Agreement. The Parties acknowledge that this Agreement is the product of negotiation and compromise on the part of both Parties, and the Parties agree, that since both Parties have participated in the negotiation and drafting of this Agreement, this Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it.

14 .13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

14 .14 Further Assurances. The Parties each agree to execute, acknowledge and deliver to the other such other documents and instruments, and to undertake such actions, as either shall reasonably request or as may be necessary to carry out the intent of this Agreement.

14 .15 Governing Law; Time is of the Essence. This Agreement shall be interpreted under and pursuant to the laws of the State of California without regard to principle of conflicts of laws. Time is of the essence and is a material term for all conditions and provisions contained in this Agreement.

14 .16 No Merger; Survival of Representations. The obligations stated herein which are intended to operate after the Close of Escrow, including without limitation indemnification obligations, shall not merge with the transfer of title but shall remain in effect until fulfilled as provided herein. Without limiting the generality of the foregoing, the representations and warranties made by each Party shall survive Close of Escrow.

14 .17 Indemnification. Each Party shall indemnify, defend and hold harmless the other Party and its respective boards, commissions, and elected and appointed officials, employees, agents and contractors (collectively “Indemnitees”) from and against all claims, actions, proceedings, demands, liabilities, judgments, losses, expenses (including reasonable attorneys’ fees and expenses) and costs (collectively “Claims”) arising out of or related to this Agreement including any claim, action or proceeding to attack, set aside, void or annul this Agreement or any part hereof. Each Party shall promptly notify the other Party of any such Claim. Nothing contained in this Section shall prohibit a Party from participating in a defense of any Claim, and if it chooses to do so, it shall be reimbursed for its reasonable attorneys’ fees and expenses. The provisions of this Section shall survive the expiration or termination of this Agreement and Close of Escrow.

SIGNATURES ON FO

LLOWING PAGE
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3869901.2
Land Exchange Agreement
Los Rios Community College

13 IN WITNESS WHEREOF, the City and District have executed this Agreement as of the Effective Date first written above.

CITY
City of Rancho Cordova

By: ________________________________
City Manager

Attest:

By: _______________________________
C ity Clerk

Approved as to Form:

By: ___________________________
City Attorney

DISTRICT:

Los Rios Community College District

By: ____________________________

Its: _____________________________

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3869901.1
Land Exchange Agreement
Los Rios Community College District

A-1

Exhibit A

DEPICTION OF PROPERTY PARCELS
(Attach legal descriptions)

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Exhibit A
Vacant Parcel 1 Legal Description

The land described herein is situated in the State of California, County of Sacramento, City of Rancho Cordova, described as follows:

Parcel 1 as shown on that certain Parcel Map entitled "A Portion of John Studaris 4.02 4cres, Per A.

Survey106 and a portion of Lot B of Cordova Park Unit No. 2142 Maps 171" , which map was filed for record January 11, 1993, in Book 134 of Parcel Maps, Page 14 , records of said county.

APN: 076-0212-020-0000
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Exhibit A
Vacant Parcel 2 Legal Description

The land described herein is situated in the State of California, County of Sacramento, City of Rancho Cordova, described as follows:

Parcel 2 as shown on that certain Parcel Map entitled "A Portion of John Studaris 4.02 4cres, Per A.

Survey106 and a portion of Lot B of Cordova Park Unit No. 2142 Maps 171" , which map was filed for record January 11, 1993, in Book 134 of Parcel Maps, Page 14 , records of said county. 076-0212-021-0000
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Exhibit A

Legal Description of the “Vacant Parcel 2 Access Easement”

A non-exclusive easement as an appurtance and for the benefit of Parcel 1 above for ingress and egress and driveway purposes, more particularly described as follows:

An easement for driveway purposes over and across a strip of land 25 feet in width extending from the East line of said Cordova Meadows to the East line of a 72.622 acre tract of land described in the deed from David R. McKinley and Vivian McKinley, his wife, to Sacramento Abstract and Title Co., a corporation, recorded August 15, 1955, in Book 2895 of Official Records of Sacramento County, at page 646, the Southeasterly line of which is described as follows:

Beginning at a corner of said Cordova Meadows, which corner is located South 02⁰ 41’ 30” East 28.55 feet from the Southeast corner of Lot 11 of said Cordova Meadows; thence North 58⁰ 25’ 10” East to the Southeast corner of said 72.622 acre tract, being the Northeasterly extension of said Lot D.

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EXHIBIT "A"
PARCEL 2 RESULTANT DESCRIPTION
All that certain real property situate in the City of Rancho Cordova, County of Sacramento, State of California described as follows:

Being a portion of that certain parcel as described in that certain Boundary Line Adjustment deed recorded on July 25, 2014, under Book 20140725, Page 0758, Sacramento County Recorder's Office more particularly described as follows:

COMMENCING at the northwesterly corner of said Parcel as described in said Book 20140725, Page 0758, said point being located at the beginning of a 1074.00 foot radius curve, concave northeasterly, from which point the radius point bears North 59°42'13" East; Thence, along the westerly boundary of said Parcel, Southerly, 15.31 feet along said curve, through a central angle of 00°49'01" to the beginning of a 1126.00 foot radius reverse curve, concave southwesterly;
Thence, along said westerly boundary, Southerly, 199.58 feet along said curve, through a central angle of 10°09'19" to the beginning of a 1274.75 foot radius reverse curve, concave northeasterly; Thence, along said westerly boundary, Southerly, 24.61 feet along said curve, through a central angle of 01 °06'22" to the TRUE POINT OF BEGINNING of the herein described parcel; Thence, leaving said westerly boundary, North 58°00'00" East, 252.10 feet to an angle point in the boundary of said Parcel;
Thence, along the boundary of said Parcel, South 32°00'00" East, 219.89 feet to an angle point in said boundary;
Thence, along said boundary, South 57°58'02" West, 130.00 feet to an angle point in said boundary; Thence, along said boundary, North 32°00'00" West, 125.00 feet to an angle point in said boundary; Thence, along said boundary, South 57°56'57" West, 135.09 feet to an angle point in said boundary, said point being located at the beginning of a non-tangent 1274.75 foot radius curve, concave northeasterly, from which point the radius point bears North 63°37'17" East; Thence, along said boundary, Northerly, 95.99 feet along said curve, through a central angle of 04°18'52" to the point of beginning.

Exhibit "A"

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Containing 0.94 acres more or less.

Northstar Date
Mark R. Herrick, PLS 8323
This deed is made and given for the purpose of confirming the boundary lines of the subject property of this deed pursuant to the boundary line adjustment recording concurrently herewith.

Exhibit "A"

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EXHIBIT "A"
PARCEL 3 RESULTANT DESCRIPTION
All that certain real property situate in the City of Rancho Cordova, County of Sacramento, State of California described as follows:

Being Parcel 1 as shown on that certain Parcel Map entitled "A Portion of the John Studarus 4.092 Acres", filed for record in the office of the Recorder of Sacramento County on January 11, 1993, in Book 134 of Parcel Maps, at Page 14, and Parcel 1 as described in that certain grant deed recorded June 21, 2018, under Document Number 201806210510, Sacramento County Recorder's Office more particularly described as follows:

COMMENCING at the northwesterly corner of said Parcel as described in said Book 20140725, Page 0758, said point being located at the beginning of a 1074.00 foot radius curve, concave northeasterly, from which point the radius point bears North 59°42'13" East; Thence, along the westerly boundary of said Parcel, Southerly, 15.31 feet along said curve, through a central angle of 00°49'01" to the beginning of a 1126.00 foot radius reverse curve, concave southwesterly;
Thence, along said westerly boundary, Southerly, 199.58 feet along said curve, through a central angle of 10°09'19" to the beginning of a 1274.75 foot radius reverse curve, concave northeasterly; Thence, along said westerly boundary, Southerly, 24.61 feet along said curve, through a central angle of 01°06'22";
Thence, leaving said westerly boundary, North 58°00'00" East, 252.10 feet to the TRUE POINT OF BEGINNING of the herein described parcel, said point being the northwesterly corner of said Parcel 1 as described in said Document Number 201806210510;
Thence, along the boundary of said Parcel 1, South 32°00'00" East, 219.89 feet to the southwesterly corner of said Parcel 1;
Thence, along said boundary of said Parcel 1 and the southerly boundary of said Parcel 1 per said Book 134 of Parcel Maps, at Page 14, North 57°58'02" East, 183.16 feet to the southeasterly corner of said Parcel 1 per said Book 134 of Parcel Maps, at Page 14;
Thence, along the boundary of said Parcel 1, North 02°41'55" West, 195.00 feet to an angle point in said Parcel 1;
Thence, along the boundary of said Parcel 1, North 57°58'02" East, 131.93 feet to an angle point in said boundary, said point being located in the centerline of Dawes Street as shown on said Map and being located at the beginning of a non-tangent 900.00 foot radius curve, concave northeasterly, from which point the radius point bears North 58°01'03" East;
Thence, along said boundary of said Parcel 1, Northerly, 49.69 feet along said curve, through a central angle of 03°09' 47" to the northwesterly corner of said Parcel 1; Exhibit "A"

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Thence, along the boundary of said Parcel 1 per said Book 134 of Parcel Maps, at Page 14 and the boundary of said Parcel 1 per said Document Number 201806210510, South 58°00'00" West, 411.91 feet to the point of beginning.

Containing 1.37 acres more or less.

Exhibit " A"

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3869901.1
Land Exchange Agreement
Los Rios Community College District

B-1
Exhibit B

FORM OF CITY GRANT DEED

Recording Requested by
and when Recorded, return to:

Los Rios Community College District
1919 Spanos Ct.

Sacramento, CA 95825
Attn: Chancellor’s Office

EXEMPT FROM RECORDING FEES PER GOVERNME NT CODE
§§6103, 27383

APN: _________________ (SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE)

GRANT DEED

F or valuable consideration, receipt of which is hereby ackn owledged, the City of Rancho Cordova, a California municipal corporation (“Grantor”) hereby grants to the Los Rios Community College District, a California community college district (“Grantee”) all that real property located on Dawes Street in the City of Rancho Cordova, California (the “City”) known as Sacramento County Assessor’s Parcel No. 076-0212-021, as more particularly described on Exhibit B-1 attached hereto and incorporated herein.

IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the ____ of _______________, 2021.

GRANTOR:

CITY OF RANCHO CORDOVA

By: ________________________________
Chair

Attest:

By: _______________________________
City Clerk

Approved as to Form:

By: ___________________________
City Attorney

SIGNATURES MUST

BE NOTARIZED
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3869901.1
Land Exchange Agreement
Los Rios Community College District

B-1
EXHIBIT B-1 TO GRANT DEED

PROPERTY
(Attach legal description of City Property to be conveyed to District) ITEM 9.7.

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Exhibit B-1
Vacant Parcel 2 Legal Description
Th
e land described herein is situated in the State of California, County of Sacramento, City of Rancho Cordova, described as follows:

Parcel 2 as shown on that certain Parcel Map entitled "A Portion of John Studaris 4.02 4cres, Per A.

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3869901.1
Land Exchange Agreement
Los Rios Community College District

B-2

CERTIFICATE OF ACCEPTANCE

This is to certify that the interest in real property conveyed by the Grant Deed dated the ___ of ______________, 20__ from the City of Rancho Cordova, a California public corporation (“City”) to the Los Rios Community College District, a California nonprofit public benefit corporation (“District”), is hereby accepted on behalf of the District by the undersigned officer or agent on behalf of the District Board pursuant to authority conferred by resolution of the District Board adopted on the ___ of _______________, 20__, and that the District consents to recordation of the Grant Deed by its duly authorized officer.

Dated ____________________, 20__

LOS RIOS COMMUNITY COLLEGE DISTRICT

By: ________________________________

Its: _____________________________

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3869901.1
Land Exchange Agreement

C-1

Exhibit C

FORM OF DISTRICT GRANT DEED

Recording Requested by
and when Recorded, return to:

City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 93926
Attn: City Clerk

EXEMPT FROM RECORDING FEES
PER GOVERNMENT CODE §§6103, 27383

(SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE)

GRANT DEED

F or valua ble consideration, receipt of which is hereby acknowledged, Los Rios Community College District, a California community college district (“Grantor”) hereby grants to the City of Rancho Cordova, a California municipal corporation (“Grantee”) located on Folsom Ave., known as a portion of Sacramento County Assessor’s Parcel No. 076-0212-022, as more particularly described in Exhibit C-1 attached hereto and incorporated herein.

I
N WITNESS WHEREOF, Grantor has executed this Grant Deed as of the ____ of _______________, 2022.

GRANTOR:

LOS RIOS COMMUNITY COLLEGE DISTRICT

By: ________________________________

Its: _____________________________

SIGNATURES MUST BE NOTARIZED

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3869901.1
Land Exchange Agreement

C-2
EXHIBIT C-1 TO GRANT DEED

PROPERTY
(Attach legal description of District Property to be conveyed to City) ITEM 9.7.

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EXHIBIT "C-1 "

EXCHANGE DESCRIPTION DESCRIPTION
(LOS RIOS COMMUNITY COLLEGE TO CITY OF RANCHO CORDOVA)
All that certain real property situate in the City of Rancho Cordova, County of Sacramento, State of California described as follows:

Exhibit "C-1"

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Containing 0.94 acres more or less.

Exhibit "C-1"

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CERTIFICATE OF ACCEPTANCE
Thi
s is to certify that the interest in real property conveyed by the Grant Deed dated the ___ of ______________, 20__ from the Los Rios Community College District, a California community college district (“District”) to the City of Rancho Cordova, a California municipal corporation (“City”) is hereby accepted on behalf of the City by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by resolution of the City Council adopted on the ___ of _______________, 20__, and that the City consents to recordation of the Grant Deed by its duly authorized officer.

D
ated ____________________, 20__
CI
TY
B
y: ________________________________
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5036
074.1
Land Exchange Agreement
Ojlas Family Trust
1 Recording Requested by
and when Recorded, return to:

C
ity of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 95670
Attn: City Clerk

EXEMPT FROM RECORDING FEES
PER GOVERNMENT CODE §§6103, 27383
(SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE)
APNs: 076-0212-018, 076-0212-020,
076-0212-021 and 076-0204-005
L

AND EXCHANGE AGREEMENT
T
HIS LAND EXCHANGE AGREEMENT (“Agreement”) is entered into as of July ____, 2022 (the “Effective Date”) by and between the City of Rancho Cordova (the “City”) and the Balbir Singh Ojla and Mohan Kaur Ojla, Trustees of the Ojla Family Trust (the “Ojlas”). City and the Ojlas are hereinafter collectively referred to as the “Parties.”
RE
CITALS
A. T
he City owns certain real property located on Dawes St. in the City of Rancho Cordova known as Assessor’s Parcel Number 076-0204-005, as depicted as lot “G” on Exhibit A attached hereto and incorporated by this reference (“Parcel G”).

B. T
he City owns certain real property located at 10275 Folsom Blvd, known as Sacramento County Assessor’s Parcel Number 076-0212-020, in the City of Rancho Cordova, as depicted as ”Vacant Parcel 1” on Exhibit A attached hereto (“Vacant Parcel 1”).

C. T
he City owns certain real property located at located at 10275 Dawes Street, also known as Sacramento County Assessor’s Parcel Number 076-0212-021, in the City of Rancho Cordova, as depicted as ”Vacant Parcel 2” on Exhibit A attached hereto (“Vacant Parcel 2”).

D. T
he Ojlas own certain real property located at 10273 Folsom Blvd., known as Assessor’s Parcel Number 076-0212-018, which is used as a restaurant, as depicted as ”Parcel 3” on Exhibit A attached hereto (“Parcel 3”).

E. T
he Ojlas also own that certain access easement (the “Access Easement”) for ingress and egress across Parcel G, Vacant Parcel 2 and Vacant Parcel 1, as described in Exhibit A attached hereto and incorporated herein, and as depicted on Exhibits A and C attached hereto and incorporated herein, and as ITEM 9.7.

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5036074.1
Land Exchange Agreement
Ojlas Family Trust

2 described in that certain grant deed recorded in Book 91 02-4 Page 1058 in the official records of Sacramento County (the “Official Records”).

F. S ubject to the terms and conditions set forth in this Agreement, City and the Ojlas have agreed that City shall convey Vacant Parcel 1 to the Ojlas, and in exchange the Ojlas will quitclaim the Access Easement to the City (the “Quitclaim Deed”).

G. Concurrently with this Agreement, the City is entering into an separate agreement with Los Rios Community College District (the “District”) to transfer Vacant Parcel 2 to the District.

H. The City hereby finds that the transactions contemplated hereby further the health, safety and welfare of the City’s residents.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows.

1. Recitals; Effective Date. The Parties acknowledge that the foregoing recitals are true and correct and are incorporated herein by this reference. The effective date of this Agreement shall be the date first listed above.

2. City Conveyance to Ojlas.

2.1 City Conveyance. Subject to satisfaction of the conditions precedent set forth in this Section, City shall convey to the Ojlas and the Ojlas shall accept from City, Vacant Parcel 1 in accordance with the terms, covenants and conditions set forth herein. The conveyance of Vacant Parcel 1 from City to the Ojlas shall be accomplished by recordation of a grant deed, substantially in the form attached hereto as Exhibit B (”City Grant Deed”).

2.2 Conditions Precedent. Notwithstanding anything to the contrary set forth herein, City’s conveyance of the City Property to the Ojlas is expressly conditioned upon satisfaction of the following conditions (“City Conditions Precedent”) or City's written waiver (in City’s sole discretion) of such conditions:

(i) The Escrow Holder is prepared to record the Quitclaim Deed;

(ii) The Ojlas have performed all obligations to be performed by the Ojlas pursuant to this Agreement before the Closing Date.

(iii) The Ojlas representations and warranties set forth herein are true and correct in all material respects as of the Closing Date.

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5036074.1
Land Exchange Agreement
Ojlas Family Trust

3 3. The Ojlas Conveyance to City.

3.1 The Ojlas Conveyance. Subject to satisfaction of the conditions precedent set forth in this Section the Ojlas, shall quitclaim the Access Easement to City and City shall accept the quitclaim of the Access Easement. The conveyance of the Access Easement shall be accomplished by recordation of the Quitclaim Deed, substantially in the form attached hereto as Exhibit C.

3.2 Conditions Precedent. Notwithstanding anything to the contrary set forth herein, quitclaim of the Access Easement is expressly conditioned upon satisfaction of all the following conditions (“Ojlas Conditions Precedent”) or Ojlas written waiver of such conditions:

(i) Escrow Officer is prepared to record the City Grant Deed;

(ii) City has performed all obligations to be performed by City pursuant to this Agreement before the Closing Date.

(iii) City’s representations and warranties set forth herein are true and correct in all material respects as of the Closing Date.

4. Consideration. The Parties hereby agree that the terms of this Agreement represent the entire consideration for the exchange of land set forth in this Agreement.

5. Closing

5.1 Escrow; Escrow Instructions. Not later than thirty (30) days following the Effective Date, the Ojlas and City shall open an escrow at the office of Placer Title Company, 301 University Ave, Suite 120, Sacramento, CA 95825 Attn: Jenny Vega (“Title Company” or “Escrow Agent”) or such other title company as may be mutually agreed upon by the Parties. Upon the opening of escrow, the Parties shall deposit with the Escrow Agent an executed copy of this Agreement, which together with such additional instructions as may be executed by either Party and delivered to the Escrow Agent, shall serve as the escrow instructions of the Ojlas and City for the quitclaim of the Access Easement to City and the conveyance of Vacant Parcel 1 to the Ojlas.

5.2 Close of Escrow; Closing Costs. Each Party shall pay the cost of any title insurance such Party elects to purchase with respect to the property to be acquired by such Party pursuant to this Agreement. The City shall pay all other closing costs and escrow fees (including without limitation recording fees, escrow charges, real estate transfer taxes, and documentary transfer taxes) associated with the close of escrow for the quitclaim of the Access Easement to City (“City Close of Escrow”) and the conveyance of Vacant Parcel 1 to the Ojlas (“Ojlas Close of Escrow”).

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5036074.1
Land Exchange Agreement
Ojlas Family Trust

4 5.3 Closing; Documents and Funds; Timing. Provided that the conditions set forth in Section 3 have been satisfied, the City Close of Escrow and Ojlas Close of Escrow shall take place as soon as practicable following the deposit into escrow of all the documents described in this Section (each, a “Closing Date”). In order to comply with the conditions precedent; the Parties hereby acknowledge that the City Close of Escrow will take place prior to the Ojlas Close of Escrow. The Parties each agree that they shall not unreasonably condition, delay, or withhold consent to an extension of either Closing Date.

A. Ojlas Close of Escrow. Not later than _____________, 2022, the Parties shall deposit the following documents into escrow:

(i) City shall deposit the fully-executed City Grant Deed substantially in the form attached hereto as Exhibit B sufficient to convey good and marketable fee simple title to Vacant Parcel 1 free of all title defects and encumbrances except the Permitted Exceptions (as defined in Section 8);

(ii) City and the Ojlas shall each deposit into escrow their respective share of closing costs as set forth in Section 5.2;

(iii) City and the Ojlas shall each deposit such additional duly executed instruments and documents as the Escrow Agent may reasonably require to consummate the Ojlas Close of Escrow.

B. City Close of Escrow. Not later than _____________, 2022, the Parties shall deposit the following documents into escrow:

(i) City shall deposit a duly executed and acknowledged Certificate of Acceptance for the City Property, substantially in the form attached to Exhibit C;

(ii) The Ojlas shall deposit a fully-executed Quitclaim Deed substantially in the form of Exhibit C sufficient to quitclaim the Access Easement to City;

(iii) City and the Ojlas shall each deposit into escrow their respective share of closing costs as set forth in Section 5.2; and

(iv) City and the Ojlas shall each deposit such additional duly executed instruments and documents as the Escrow Agent may reasonably require to consummate the City Close of Escrow.

5.4 Prorations. In connection with the conveyance of Vacant Parcel 1 to the Ojlas, the Escrow Agent shall make the following prorations: (i) property taxes and assessments shall be prorated as of the Closing Date based upon the most recent tax bill available, including any property taxes which may be assessed after the Closing Date but which pertain to the period prior to the transfer of title, regardless of when or to ITEM 9.7.

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5036074.1
Land Exchange Agreement
Ojlas Family Trust

5 whom notice thereof is delivered; (ii) any bond or assessment that constitutes a lien on Vacant Parcel 1 on the Closing Date shall be assumed by the Ojlas. Any utility and sewer service charges shall be prorated as of the Closing Date.

The Escrow Agent shall close escrow for the quitclaim of the Access Easement to City and the conveyance of Vacant Parcel 1 the Ojlas by:

(i) causing the Quitclaim Deed to be recorded in the Official Records; and

(ii) causing the City Grant Deed to be recorded in the Official Records; and

(ii) issuing the Title Policy (defined in Section 7) for Vacant Parcel 1; and

(iii) delivering to City and the Ojlas a conformed copies of the deeds for the property to be conveyed to each entity, indicating recording information thereon.

On each respective Closing Date, possession of Vacant Parcel 1 shall be delivered to the Ojlas and quitclaim of the Access Easement shall be delivered to the City.

6. Title Documents. No later than ten (10) business days following the Effective Date, each Party shall deliver or cause to be delivered to the other Party an updated title report for its Property (“Preliminary Report”) setting forth all liens, encumbrances, easements, restrictions, conditions, and other matters of record affecting title to that Property (“Title Exceptions”) together with copies of all instruments referred to therein.

Each Party shall approve or disapprove each Title Exception within thirty (30) days following receipt of the Preliminary Report and documents relating to the Title Exceptions. Upon failure to object within such period, any Title Exceptions that are not disapproved shall be deemed to be Permitted Exceptions (as defined in Section 8).

If either Party objects to any Title Exception, the other Party shall use its best efforts at its sole expense to remove from title or otherwise satisfy each such exception in a form that is reasonably satisfactory to the requesting Party within thirty (30) days following the date that the objecting Party objects to such exception.

7. Title Policy. It shall be a condition to the close of escrow that Title Company shall deliver to the each Party, no later than seven (7) days prior to each Closing Date, a title commitment for an ALTA Owner's Title Insurance Policy ("Title Policy") to be issued by Title Company in an amount to be determined by the Parties, showing title to each Property, subject only to the Permitted Exceptions (as defined in Section 8), including such endorsements as may reasonably be requested by each Party and committing Title Company to issue each Title Policy to its respective Party upon the Close of Escrow.

ITEM 9.7.

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5036074.1
Land Exchange Agreement
Ojlas Family Trust

6 8. Conveyance of Title. City shall convey by grant deed to the Ojlas marketable fee simple title to Vacant Parcel 1, free and clear of all recorded and unrecorded liens, encumbrances, restrictions, easements, and leases, except: (i) liens for nondelinquent general and special taxes, assessments and/or bonds; and (ii) such other conditions, liens, encumbrances, restrictions, easements and exceptions as set forth in Exhibit D or approved in writing by City for the Access Easement or the Ojlas for Vacant Parcel 1 as provided in Section 6 (all of the foregoing, are collectively hereinafter referred to as the “Permitted Exceptions”).

9. Due Diligence.

(a) Feasibility Studies. During the period commencing upon the Effective Date and terminating sixty (60) days thereafter (“Due Diligence Period”), City and the Ojlas may undertake further inspection, review and testing of the Access Easement and the City Property, respectively, including without limitation (i) a review of the physical condition of such property, including inspection and examination of soils, environmental condition, and archeological information relating to the property; (ii) completion of Phase I and Phase II, if required, environmental assessments; (iii) a review and investigation of the effect of any zoning, maps, permits, reports, engineering data, regulations, ordinances, and laws affecting the property, and (iv) an evaluation of the property to determine its feasibility for the Party’s intended use. All of the foregoing is hereinafter collectively referred to as “Feasibility Studies.” The Parties may consult with or retain civil engineers, contractors, soils and geologic engineers, architects and other specialists in its investigation, and may consult with or retain other consultants to determine if the property is suitable for each Party’s intended use. Each Party shall bear the costs of its Feasibility Studies and consultations.

(b) Contracts, Reports and Investigations. the Ojlas and City each agree to make available within ten (10) business days following the Effective Date, any and all information, studies, reports, investigations, contracts, leases, rental agreements and other obligations concerning or relating to the Property such Party has agreed to convey pursuant to this Agreement which are in such Party’s possession or which are reasonably available to such Party, including without limitation any Phase I Environmental Site Assessments, surveys, studies, reports and investigations concerning the property's physical, environmental or geological condition, habitability, or the presence or absence of Hazardous Substances in, on or under the Property and its compliance with Environmental Laws (as defined in Section 13).

10. Right of Entry. During the Due Diligence Period, each Party grants to the other and to the other Party’s agents and employees a right of entry, to enter its Property upon reasonable notice for the purpose of inspecting, examining, surveying and reviewing such property in accordance with Section 9. Each Party’s inspection, examination, survey and review of such property shall be at such Party’s sole expense.

Each Party shall obtain the other Party’s advance consent to any proposed physical testing of the property, which consent shall not be unreasonably conditioned, withheld ITEM 9.7.

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5036074.1
Land Exchange Agreement
Ojlas Family Trust

7 or delayed. Physical tests shall be scheduled during normal business hours unless otherwise approved by the owner of the property to be tested. Each Party agrees to indemnify the other Party and to hold the other Party harmless from and against all liability, loss, cost, damage and expense (including, without limitation, reasonable attorney's fees and costs of litigation) resulting from such Party’s activities pursuant to this Section. This Section will survive the expiration or termination of this Agreement and the Close of Escrows.

11. “As Is” Purchase. Except as otherwise specified in this Agreement, each Party agrees to accept the Property conveyed to it pursuant to this Agreement, including the land, all buildings, structures, improvements, equipment, and operating systems located on or under the land “AS IS, WHERE IS” and in its current state and condition, without any warranties whatsoever regarding its condition except as specifically described in this Agreement, and with all faults and defects, including Hazardous Substances and any other environmental conditions or hazards, if any, that may be located on, under, or around the Property, whether known or unknown, suspected or unsuspected, actual or potential, and each Party assumes all responsibility for any such faults, defects, and conditions as of the Close of Escrow.

12. Representations, Warranties, and Covenants.

12.1 Representations and Warranties. Each Party hereby represents, warranties, and covenants that except as disclosed in writing to the other Party, as of the Effective Date and as of the Close of Escrow: (i) no contracts, licenses, leases or commitments regarding the maintenance or use of the Property or allowing any third party rights to use the Property are in force; (ii) Party knows of no pending actions, suits, condemnation or other proceedings against or affecting the Property or any portion thereof or the interest of Party in the Property; (iii) there are no threatened or pending condemnation, eminent domain, or similar proceedings affecting the Property or any portion thereof; (iv) Party knows of no receipt of notice, warning, notice of violation, administrative complaint, judicial complaint, or other formal or informal notice alleging that conditions on the Property are in violation of any Environmental Law; and (v) Party has disclosed all material facts concerning the Property.

12.2 Additional Representations. Each Party further represents and warrants that this Agreement and all other documents to which it is a party and delivered or to be delivered in connection herewith shall at the time of their delivery: (a) have been duly authorized, executed, and delivered; (b) be the binding obligations of that Party; (c) collectively be sufficient to transfer all of that Party's right, title and interest in and to the Property; and (d) not be in violation of the provisions of any agreement to which Party is a party or which affects the Property. Each Party further represents and warrants that the persons who have executed this Agreement on behalf of that Party are authorized to do, that it has the legal right to enter into this Agreement and to perform all of its terms and conditions, and that this Agreement is enforceable against the Party in accordance with its terms.

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5036074.1
Land Exchange Agreement
Ojlas Family Trust

8 12.3 Covenants. Each Party covenants that from the Effective Date and through the Close of Escrow, it: (i) shall not willingly permit any liens, encumbrances, or easements to be placed on its Property other than Permitted Exceptions; (ii) shall not without the prior written consent of the other Party, enter into any agreement regarding the sale, rental, management, repair, improvement, or any other matter affecting the Property that would be binding on the other Party or the Property after the Close of Escrow; (iii) shall not permit except as specifically provided herein with respect to the demolition required on the Access Easement, any act of waste or act that would tend to diminish the value of the Property for any reason, except that caused by ordinary wear and tear; and (iv) shall maintain the Property in its condition as of the date hereof, ordinary wear and tear excepted, and shall with respect to the Access Easement manage the Property substantially in accordance with the Ojlas's established practices.

12.4 Notification. Each Party shall notify the other Party of any facts that would cause any of the representations contained in this Agreement to be untrue as of the Close of Escrow. If either Party reasonably believes that any fact materially and adversely affects the Property, such Party shall have the option to terminate this Agreement by delivering written notice thereof to other Party. In the event either Party elects to terminate this Agreement, all funds and documents deposited into escrow by or on behalf of each Party shall be returned to that Party, and all rights and obligations hereunder shall terminate.

13. Mutual Release & Indemnity. Each Party (i) releases and forever discharges the other Party from any and all claims and causes of action under or with respect to any Environmental Laws, including without limitation the California Hazardous Substance Account Act, California Health and Safety Code Section 25300 et seq., (including section 25359.7), the Comprehensive Environmental Response, Compensation, and Liability Act, (“CERCLA”) title 42 U.S.C. section 9601 et seq., the Resource Conservation and Recovery Act (“RCRA”) title 42 U.S.C. section 6901 et seq.; and the Clean Water Act, title 33 U.S.C. section 2601 et seq., as these laws may be amended in the future; and (ii) agrees to defend (with counsel approved by both Parties, which approval will not be unreasonably withheld) indemnify, protect and hold the other Party free and harmless from any claim, liability, damages of any kind, attorneys’ fees, costs, etc. arising out of or resulting from the physical condition or use of the Property on or after Close of Escrow, including, without limitation, due to the presence of Hazardous Substances on the Property, as well as any claims or causes of action threatened or made by anyone relating to the condition or use of the Property, including, without limitation, third parties adjoining property owners, governmental agencies, or claims brought under Proposition 65, California Health and Safety Code Sections 25249.5- 25249.13.

13.1 “ Hazardous Substances” means any chemical, compound, material, mixture, or substance that is now or may in the future be defined or listed in, or otherwise classified pursuant to any Environmental Laws (defined below) as a ITEM 9.7.

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Land Exchange Agreement
Ojlas Family Trust

9 “hazardous substance”, “hazardous material”, “hazardous waste”, “extremely hazardous waste”, “infectious waste”, “toxic substance”, “toxic pollutant”, or any other formulation intended to define, list or classify substances by reason of deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, or toxicity. The term “hazardous substances” shall also include asbestos or asbestos-containing materials, radon, methyl tertiary butyl ether, perchlorate, polychlorinated biphenyls, petroleum, petroleum products or by-products, petroleum components, oil, mineral spirits, natural gas, natural gas liquids, liquefied natural gas, and synthetic gas usable as fuel, whether or not defined as a hazardous waste or hazardous substance in the Environmental Laws.

13.2 “ Environmental Laws” means any and all federal, state and local statutes, ordinances, orders, rules, regulations, guidance documents, judgments, governmental authorizations, or any other requirements of governmental authorities, as may presently exist, or as may be amended or supplemented, or hereafter enacted, relating to the presence, release, generation, use, handling, treatment, storage, transportation or disposal of Hazardous Substances, or the protection of the environment or human, plant or animal health.

14. Miscellaneous Provisions.

14.1 Notices. Except as otherwise specified in this Agreement, all notices to be sent pursuant hereto shall be made i n writing, and sent to the parties at their respective addresses specified below or to such other address as a party may designate by written notice delivered to the other parties in accordanc e with this Section. All such notices shall be sent by:

(i) personal delivery, in which case notice shall be deemed delivered upon receipt;

(ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered two (2) business days after deposit, postage prepaid in the United States mail;

(iii) nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) day after deposit with such courier; or

(iv) facsimile transmission, in which case notice shall be deemed delivered on transmittal, provided that a transmission report is generated reflecting the accurate transmission thereof.

City: City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 95670
Attention: City Manager

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5036074.1
Land Exchange Agreement
Ojlas Family Trust

10 the Ojlas: The Ojlas
____________________
_____________, CA ________
Attention: _________________

14.2 Attorneys’ Fees. In any action at law or in equity, arbitration or other proceeding arising in connection with this Agreement, the prevailing party shall recover reasonable attorneys’ fees and other costs, including but not limited to court costs and expert and consultants fees incurred in connection with such action, in addition to any other relief awarded.

14.3 Escrow Cancellation Charges. If the escrow fails to close by reason of a default by the Ojlas or City hereunder, such defaulting party shall pay all escrow or other Title Company charges. If the escrow fails to close for any reason other than default by the Ojlas or City, then the Ojlas and City shall each pay one-half of such charges.

14.4 Amendments; Assignment. This Agreement may be amended only by a written instrument executed by the Parties hereto or their successors in title.

14.5 S everability. If any term, provision, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged thereby.

14.6 Waiver. A waiver by either party of the performance of any covenant or condition herein shall not invalidate this Agreement nor shall it be considered a waiver of any other covenant or condition, nor shall the delay or forbearance by either party in exercising any remedy or right be considered a waiver of, or an estoppel against, the later exercise of such remedy or right.

14.7 Default and Remedies. An event of default (“Default”) under this Agreement shall occur if either Party fails to comply with any of such Party’s covenants or obligations set forth herein and does not cure such failure within ten (10) days after receipt of written notice thereof (or in the case of a non-monetary default, fails to commence to cure such default within such 10-day period and fails to thereafter proceed with due diligence to cure such default.) Upon the occurrence of an event of default hereunder the Parties may pursue all remedies at law or in equity including the remedy of specific performance. The rights and remedies of the Parties hereunder are cumulative, and the exercise or failure to exercise one or more of such rights or remedies by either Party shall not preclude the exercise by it, at the same time or different times, of any right or remedy for the same default or any other default.

14.8 Entire Agreement. This Agreement, together with Exhibits A through D which are hereby incorporated by reference, contains the entire agreement between the ITEM 9.7.

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Ojlas Family Trust

11 Parties with respect to the subject matter hereof, and supersedes all prior negotiations, documents and discussions pertaining thereto.

14.9 Binding Effect; Due Authorization. This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest and assigns of each of the Parties hereto. Any reference in this Agreement to a specifically named party shall be deemed to apply to any successor, heir, administrator, executor or assign of such party who has acquired an interest in compliance with the terms of this Agreement, or under law.

14.10 Parties Not Co-Venturers; No Brokers. Nothing in this Agreement is intended to or does establish the parties as partners, co-venturers, or principal and agent with one another. Each Party hereby represents and warrants to the other Party that it has retained no broker or other party to whom a commission or finder's fee is due with respect to the transactions contemplated hereby. Each Party agrees to defend, indemnify, and hold the other Party harmless from and against all claims, losses, costs, expenses and liabilities arising in connection with a breach of this representation and warranty by the indemnifying party. The terms of this Section shall survive the expiration or earlier termination of this Agreement and shall survive Close of Escrow.

14.11 No Third Party Beneficiaries. Nothing contained in this Agreement is intended by the Parties, nor shall any provision of this Agreement be deemed or construed by the Parties or by any third person, to be for the benefit of any third party, nor shall any third party have any right to enforce any provision of this Agreement or be entitled to damages for any breach by the Ojlas or City of any of the provisions of this Agreement.

14.12 Captions; Interpretation. The section headings used herein are solely for convenience and shall not be used to interpret this Agreement. The Parties acknowledge that this Agreement is the product of negotiation and compromise on the part of both Parties, and the Parties agree, that since both Parties have participated in the negotiation and drafting of this Agreement, this Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it.

14.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

14.14 Further Assurances. The Parties each agree to execute, acknowledge and deliver to the other such other documents and instruments, and to undertake such actions, as either shall reasonably request or as may be necessary to carry out the intent of this Agreement.

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5036074.1
Land Exchange Agreement
Ojlas Family Trust

12 14.15 Governing Law; Time is of the Essence. This Agreement shall be interpreted under and pursuant to the laws of the State of California without regard to principle of conflicts of laws. Time is of the essence and is a material term for all conditions and provisions contained in this Agreement.

14.16 No Merger; Survival of Representations. The obligations stated herein which are intended to operate after the Close of Escrow, including without limitation indemnification obligations, shall not merge with the transfer of title but shall remain in effect until fulfilled as provided herein. Without limiting the generality of the foregoing, the representations and warranties made by each Party shall survive Close of Escrow.

14.17 Indemnification. Each Party shall indemnify, defend and hold harmless the other Party and its respective boards, commissions, and elected and appointed officials, employees, agents and contractors (collectively “Indemnitees”) from and against all claims, actions, proceedings, demands, liabilities, judgments, losses, expenses (including reasonable attorneys’ fees and expenses) and costs (collectively “Claims”) arising out of or related to this Agreement including any claim, action or proceeding to attack, set aside, void or annul this Agreement or any part hereof. Each Party shall promptly notify the other Party of any such Claim. Nothing contained in this Section shall prohibit a Party from participating in a defense of any Claim, and if it chooses to do so, it shall be reimbursed for its reasonable attorneys’ fees and expenses. The provisions of this Section shall survive the expiration or termination of this Agreement and Close of Escrow.

SIGNATURES ON FOLLOWING PAGE
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5036074.1
Land Exchange Agreement
Ojlas Family Trust

13 IN WITNESS WHEREOF, the City and the Ojlas have executed this Agreement as of the Effective Date first written above.

CITY
City of Rancho Cordova

By: ________________________________
City Manager

Attest:

By: _______________________________
City Clerk

Approved as to Form:

By: ___________________________
City Attorney

THE OLJAS:

By: ____________________________

Its: _____________________________

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3869901.1
Land Exchange Agreement
Ojlas Family Trust
A-1

Exhibit A

DEPICTION OF PROPERTY PARCELS
(Attach legal descriptions)

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Exhibit A
Vacant Parcel 1 Legal Description

The land described herein is situated in the State of California, County of Sacramento, City of Rancho Cordova, described as follows:

Parcel 1 as shown on that certain Parcel Map entitled "A Portion of John Studaris 4.02 4cres, Per A.

Survey106 and a portion of Lot B of Cordova Park Unit No. 2142 Maps 171" , which map was filed for record January 11, 1993, in Book 134 of Parcel Maps, Page 14 , records of said county.

APN: 076-0212-020-0000
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Exhibit A
Vacant Parcel 2 Legal Description

The land described herein is situated in the State of California, County of Sacramento, City of Rancho Cordova, described as follows:

Parcel 2 as shown on that certain Parcel Map entitled "A Portion of John Studaris 4.02 4cres, Per A.

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Exhibit A

Legal Description of the “Vacant Parcel 2 Access Easement”

A non-exclusive easement as an appurtance and for the benefit of Parcel 1 above for ingress and egress and driveway purposes, more particularly described as follows:

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EXHIBIT "A"
PARCEL 2 RESULTANT DESCRIPTION
All that certain real property situate in the City of Rancho Cordova, County of Sacramento, State of California described as follows:

Exhibit "A"

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Containing 0.94 acres more or less.

Exhibit "A"

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EXHIBIT "A"
PARCEL 3 RESULTANT DESCRIPTION
All that certain real property situate in the City of Rancho Cordova, County of Sacramento, State of California described as follows:

COMMENCING at the northwesterly corner of said Parcel as described in said Book 20140725, Page 0758, said point being located at the beginning of a 1074.00 foot radius curve, concave northeasterly, from which point the radius point bears North 59°42'13" East; Thence, along the westerly boundary of said Parcel, Southerly, 15.31 feet along said curve, through a central angle of 00°49'01" to the beginning of a 1126.00 foot radius reverse curve, concave southwesterly;
Thence, along said westerly boundary, Southerly, 199.58 feet along said curve, through a central angle of 10°09'19" to the beginning of a 1274.75 foot radius reverse curve, concave northeasterly; Thence, along said westerly boundary, Southerly, 24.61 feet along said curve, through a central angle of 01°06'22";
Thence, leaving said westerly boundary, North 58°00'00" East, 252.10 feet to the TRUE POINT OF BEGINNING of the herein described parcel, said point being the northwesterly corner of said Parcel 1 as described in said Document Number 201806210510;
Thence, along the boundary of said Parcel 1, South 32°00'00" East, 219.89 feet to the southwesterly corner of said Parcel 1;
Thence, along said boundary of said Parcel 1 and the southerly boundary of said Parcel 1 per said Book 134 of Parcel Maps, at Page 14, North 57°58'02" East, 183.16 feet to the southeasterly corner of said Parcel 1 per said Book 134 of Parcel Maps, at Page 14;
Thence, along the boundary of said Parcel 1, North 02°41'55" West, 195.00 feet to an angle point in said Parcel 1;
Thence, along the boundary of said Parcel 1, North 57°58'02" East, 131.93 feet to an angle point in said boundary, said point being located in the centerline of Dawes Street as shown on said Map and being located at the beginning of a non-tangent 900.00 foot radius curve, concave northeasterly, from which point the radius point bears North 58°01'03" East;
Thence, along said boundary of said Parcel 1, Northerly, 49.69 feet along said curve, through a central angle of 03°09' 47" to the northwesterly corner of said Parcel 1; Exhibit "A"

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Containing 1.37 acres more or less.

Exhibit " A"

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3884536.1
Land Exchange Agreement
Ojlas Family Trust

B-1
Exhibit B

FORM OF CITY GRANT DEED

Recording Requested by
and when Recorded, return to:

Balbir and Mohan Ojla
__________________
_________________, CA 95825
Attn: ______________

EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE
§§6103, 27383

APN: 076-0212-020 (SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE)

GRANT DEED

The undersigned grantor(s) declare(s)
Documentary transfer tax is $0 – No Consideration
City Transfer Tax: $0.00

For valuable consideration, receipt of which is hereby acknowledged, the City of Rancho Cordova, a California municipal corporation (“Grantor”) hereby grants to Balbir Singh Ojla and Mohan Kaur Ojla, Trustees of the Ojla Family Trust (“Grantee”) all that real property located on Dawes Street in the City of Rancho Cordova, California (the “City”) known as Sacramento County Assessor’s Parcel No. 076-0212-020, as more particularly described on Attachment 1 attached hereto and incorporated herein.

IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the ____ of _______________, 2022.

GRANTOR:

CITY OF RANCHO CORDOVA

By: ________________________________

Attest:

By: _______________________________
City Clerk

Approved as to Form:

By: ___________________________
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3884536.1
Land Exchange Agreement
Ojlas Family Trust

B-2
City Attorney

SIGNATURES MUST BE NOTARIZED
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3884536.1
Land Exchange Agreement
Ojlas Family Trust

B-1
ATTACHMENT 1 TO GRANT DEED

PROPERTY
(Attach legal description of City Property to be conveyed to the Ojlas) ITEM 9.7.

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Exhibit B Attachment 1
Vacant Parcel 1 Legal Description
Th
e land described herein is situated in the State of California, County of Sacramento, City of Rancho Cordova, described as follows:

Parcel 1 as shown on that certain Parcel Map entitled "A Portion of John Studaris 4.02 4cres, Per A.

Survey106 and a portion of Lot B of Cordova Park Unit No. 2142 Maps 171" , which map was filed for record January 11, 1993, in Book 134 of Parcel Maps, Page 14 , records of said county.

APN: 076-0212-020-0000
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3884536.1
Land Exchange Agreement

C-1

Exhibit C

FORM OF QUITCLAIM DEED

Recording Requested by
and when Recorded, return to:

City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 93926
Attn: City Clerk

EXEMPT FROM RECORDING FEES
PER GOVERNMENT CODE §§6103, 27383

(SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE)

QUITCLAIM DEED

The undersigned grantor(s) declare(s)
Documentary transfer tax is $0 – No Consideration
City Transfer Tax: $0.00

[ ] computed on full value of property conveyed, or
[ ] computed on full value less value of liens or encumbrances remaining at time of sale, [X] City of Rancho Cordova

Balbir Singh Ojla and Mohan K aur Ojla, Trustees of the Ojla Family Trust (“Grantor”), does hereby remise, release, and quitclaim to the City of Rancho Cordova, a California municipal corporation, the following real property described in the grant deed recorded in Book 91 02- 4

Page 1058 ends

particularly described in Attachment 1 attached hereto and made a part hereof

IN WITNESS WHEREOF, Granto r executed this Quitclaim Deed as of __________________, 2022.

Grantor:

By: _____________________________________
Name: __________________________________

By: ________________________________
Name:________________________________
Its: _____________________________

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3884536.1
Land Exchange Agreement

C-2

SIGNATURES MUST BE NOTARIZED

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3884536.1
Land Exchange Agreement

C-3
ATTACHMENT 1 TO QUITCLAIM DEED

PROPERTY
(Attach legal description of Access Easement to be conveyed to City) ITEM 9.7.

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Exhibit C Attachment 1
Legal Description of the “Vacant Parcel 2 Access Easement” A non-exclusive easement as an appurtance and for the benefit of Parcel 1 above for ingress and egress and driveway purposes, more particularly described as follows:

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CERTIFICATE OF ACCEPTANCE

This is to certify that the interest in real property conveyed by the Quitclaim Deed dated the ___ of ______________, 20__ from Balbir Singh Ojla and Mohan Kaur Ojla, Trustees of the Ojla Family Trust (“Grantor”) to the City of Rancho Cordova, a California municipal corporation (“City”) is hereby accepted on behalf of the City by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by resolution of the City Council adopted on the ___ of _______________, 20__, and that the City consents to recordation of the Quitclaim Deed by its duly authorized officer.

Dated ____________________, 20__

CITY

By: ________________________________

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MEMORANDUM
City Council Staff Report - Page 1 of 3

ITEM 9.8.

DATE: June 20, 2022

TO: Honorable Mayor and Council Members

FROM: Stefan Heisler, Housing Manager

SUBJECT: A RESOLUTION APPROVING THE INCLUSION OF THE CITY OF RANCHO CORDOVA IN THE ARTICLE 34 AFFORDABLE HOUSING

BALLOT MEASURE PROPOSED BY THE COUNTY OF
SACRAMENTO FOR THE NOVEMBER 8, 2022 ELECTION

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would acknowledge that the City of Rancho Cordova will be included in the November 8, 2022 ballot measure related to Article 34 which is a State Constitutional requirement requiring voter approval for the construction or development of affordable housing by a public entity. The measure proposes allowing development equivalent with one percent of the existing housing units in the City of Rancho Cordova.

BACKGROUND

Article 34 (XXXIV) of the California Constitution requires voter approval of publicly-assisted low- income housing projects. Pursuant to Article XXXIV, California public agencies may not develop, construct, or acquire in any manner, affordable housing projects until approved by a majority of qualified electors of the jurisdiction. Projects that require such authorization are those composed of dwellings for persons of low-income, financed in whole or in part by the Federal government or a State public body or when certain types of assistance such as labor or loan guarantees are provided.

Article XXXIV applies to affordable housing owned by private nonprofit organizations as well as public entities, because nonprofits can qualify for a property tax exemption. While there are a number of exemptions created by the State legislature, the typical development today in the City of Rancho Cordova subject to Article XXXIV is newly constructed nonprofit-owned housing in which more than 49 percent of the units are restricted to lower income persons, and which carries a below market rate loan from SHRA subordinate to private financing, and/or bond financing issued by the City Housing Authority.

Since 1968, Sacramento County voters have approved the development of affordable housing units in five ballot measures, all approved by a majority vote of the electorate. After Congress

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City Council Staff Report - Page 2 of 3
terminated the federal public housing program, private non-profit and for-profit organizations became the major providers of affordable housing for low and moderate income persons, serving seniors, men and women in the workforce, and the disabled.

As a result of the construction of these and many other developments across Sacramento County, the number of units approved countywide in the previous Article XXXIV ballot measure is running out. Taking this ballot measure to the November 8, 2022 general election is a prudent step because it is most cost-effective to place a measure on the ballot as part of a general election.

With rapidly escalating housing costs in Sacramento County, the demand for affordable workforce housing has increased. Similarly, the County’s senior and homeless population is likely to grow in the next ten years, and a large portion of this population will require safe, affordable, and sustainable rental housing.

As a result, staff requests approval to include the City of Rancho Cordova in the Countywide Article XXXIV ballot measure on November 8, 2022 ballot. The proposed text of the ballot measure is below.

“Shall the unincorporated County of Sacramento and incorporated cities within including Sacramento, Elk Grove, Citrus Heights, Folsom, Galt, Rancho Cordova, and Isleton be authorized to annually develop, acquire, or construct housing for low-income persons and families, including elderly or disabled persons, equivalent with 1% of the existing housing units in the County? Any unconstructed housing units in each year will be carried over annually.”

Staff is modeling this language after other successful measures in California which include the City of Santa Barbara and Humboldt County. This language allows for a reasonable amount of affordable housing to be built in proportion to the amount of existing housing units in the county.

The ballot measure will enable the construction of approximately 260 affordable housing units each year in the City of Rancho Cordova. Any units not constructed will be carried over to the next year. Staff have been coordinating with each of the jurisdictions within Sacramento County and all have agreed to participate.

In April of 2022, FM3 Research administered a survey to determine the level of support in Sacramento for a possible Article XXXIV ballot measure on the November 2022 ballot. The survey was administered in the five largest incorporated cities in the county (Sacramento, Citrus Heights, Folsom, Rancho Cordova, and Elk Grove) and in the unincorporated County of Sacramento. The survey found this is a viable measure with the summary results below.

City – Final Yes Vote
Citrus Heights – 64%
Elk Grove – 63%
Folsom – 56%
Rancho Cordova – 65%
Sacramento – 76%
Unincorporated areas – 66%

Should this measure not be approved, all cities and public agencies within Sacramento County and the unincorporated area of Sacramento County would be out of compliance with the Article XXXIV requirement and would be unable to assist with the development, construction or acquisition of affordable housing not exempt from Article XXXIV after 2024.

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City Council Staff Report - Page 3 of 3

FISCAL IMPACT AND FUNDING SOURCE

The survey work provided by FM3 was performed under a cost sharing agreement across jurisdictions in Sacramento County. Rancho Cordova’s share of the cost was $4,286.

There is no fiscal impact to the City to place the ballot measure on the November 8 ballot, nor any anticipated costs to implement the measure if adopted.

ATTACHMENT(S)

1. Resolution

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ITEM 9.8. ATTACHMENT 1 Resolution No. XX-2022 Page 1 of 2

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, APPROVING THE PLACEMENT OF AN ARTICLE 34 AFFORDABLE HOUSING MEASURE ON THE NOVEMBER 8, 2022 BALLOT

WHEREAS, Article 34 (XXXIV) of the California Constitution requires voter approval of publicly-assisted low-income housing projects. Pursuant to Article XXXIV, California public agencies may not develop, construct, or acquire in any manner, low-rent housing projects until approved by a majority of qualified electors of the city. Projects that require such authorization are those composed of dwellings for persons of low income, financed in whole or in part by the Federal government or a State public body or when certain types of assistance such as labor or loan guarantees are provided; and

WHEREAS, in 2004, voters in Sacramento County approved a measure to comply with Article XXXIV which authorized the development of a specific number of affordable housing units which expires in 2024; and

WHEREAS, Sacramento County is proposing to submit a measure to the qualified voters of the County at the November 2022 General Election to authorize the development, acquisition or construction of housing for low-income persons and families in an amount of up to one (1) percent of all existing housing units in the unincorporated County of Sacramento and all incorporated cities within including Citrus Heights, Elk Grove, Folsom, Galt, Isleton, Rancho Cordova, and Sacramento, to be in compliance with the State of California’s Article XXXIV requirement. It is proposed that the number of authorized but unconstructed housing units in each year will be carried over from year to year; and

WHEREAS, in 2021 the annual number of affordable units that would be authorized by jurisdiction based on 1% of the housing units for Rancho Cordova is approximately 260 units, and this number will be updated as new units are constructed; and

WHEREAS, should this measure not be approved, all cities and public agencies within Sacramento County and the unincorporated area of Sacramento County would be out of compliance with the Article XXXIV requirement and would be unable to assist with the development, construction or acquisition of affordable housing not exempt from Article XXXIV after 2024.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA:

Section 1: The above recitals are true and correct. The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the above City Council action.

Section 2: The City Council of the City of Rancho Cordova hereby acknowledges the Article XXXIV ballot measure proposed by the County of Sacramento and approves the City of Rancho Cordova’s inclusion in the ballot measure.

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ITEM 9.8. ATTACHMENT 1 Resolution No. XX-2022 Page 2 of 2 PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 20th day of June 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Donald Terry, Mayor

Stacy Leitner, CMC
City Clerk

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MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 9.9.

DATE: June 20, 2022

TO: Honorable Mayor and Council Members

FROM: Elizabeth Sparkman, Community Development Director Dalia Fadl, Principal Engineer

SUBJECT: A RESOLUTION DECLARING THE RESULTS OF THE MAIL BALLOT

ELECTION FOR RANCHO CORDOVA TRANSIT-RELATED
SERVICES SPECIAL TAX AREA ZONE 33 FOR THE GRANTLINE 220

PROJECT

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would declare the results of the mail ballot election concerning Transit-Related Services Special Tax Area Zone 33 establishing a special tax for transit services for the Grantline 220 project.

BACKGROUND

On April 4, 2022, the City Council approved a Resolution that established Special Tax Zone No. 33, the boundaries of which will be contiguous to the boundaries of the Grantline 220 project.

On April 18, 2022, the Council adopted an Ordinance that established the special tax for transit- related services subject to land-owner voter confirmation.

For the transit-related services special tax to go into effect, the ordinance must be approved by two-thirds of the affected property owners voting in a mail-ballot election to be held by the City.

If the tax in Zone 33 is approved by at least two-thirds of the property owners voting, the tax will first be collected hereunder for the tax year beginning July 1, 2022.

ELECTION RESULTS
A ballot was mailed out to the property owner of the Grantline 220 project following approval of the Ordinance. The mail-ballot election has been completed and the ballot tabulated by the City Clerk, Attachment 3. The property owner has approved the Ordinance and the tax will be applied to Zone 33.

FISCAL IMPACT AND FUNDING SOURCE

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City Council Staff Report - Page 2 of 2
There is no fiscal impact to the General Fund. Funds collected by this tax will be used to fund transit-related services.

ATTACHMENT(S)

1. Resolution

2. Ballot

3. Certified Ballot Results

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ITEM 9.9. ATTACHMENT 1 Resolution No. XX-2022 Page 1 of 2

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE

OF CALIFORNIA, DECLARING THE RESULTS OF THE ELECTION FOR RANCHO CORDOVA TRANSIT-RELATED SERVICES SPECIAL TAX AREA ZONE 33 FOR THE GRANTLINE 220 PROJECT

WHEREAS, on April 4, 2022, the City adopted a Resolution, creating Special Tax Area Zone 33 within the Transit-Related Services Special Tax Area. Pursuant a Resolution, the City Council directed the City Clerk to conduct a transit-related services tax election, to be conducted by mail ballot, pursuant to Elections Code section 4000; and

WHEREAS, the property owner within Zone 33 waived the timing requirements of Elections Code section 4000 in order to conduct the election on a date earlier provided under the Elections Code; and

WHEREAS, on April 18, 2022, the City adopted Ordinance No. 5-2022, which established a special tax for transit-related services in Zone 33, subject to landowner-voter confirmation; and

WHEREAS, Ordinance No. 5-2022 takes effect immediately upon confirmation by two- thirds of the voters voting within the relevant zone, so that taxes will be first collected for the tax year beginning July 1, 2022; and

WHEREAS, a ballot was sent to the landowner of Zone 33, the Grantline 220 project, which asked them a single question in the form of: “Shall Ordinance No. 5-2022 of the City Council of the City of Rancho Cordova be approved so as to authorize a special tax on property located in Zone 33 of the Rancho Cordova Transit-Related Services Special Tax Area to maintain the present level of transit-related services and provide additional funding for increased transit-related services?”; and

WHEREAS, the owner of the real property subject to the Transit-Related Services Special Tax Area Zone 33 has voted on the issue of whether to approve Ordinance No. 5-2022 and the City now wishes to declare the results of this transit-related services tax election for Zone 33.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA:

1. The foregoing recitals are true and correct.

2. The City Clerk has tabulated the transit-related services special tax ballot and the following are the responses to the question on the ballot asking whether the landowner approves of Ordinance No. 5-2022 authorizing a special tax in the portion of Transit-Related Services Special Tax Zone 33 that encompasses the landowner’s property, in order to maintain the present level of transit-related services and provide additional funding for increased transit- related services:

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ITEM 9.9. ATTACHMENT 1 Resolution No. XX-2022 Page 2 of 2

Special Tax Area Zone : 1 “yes”; 0 “no”.

3. In accordance with Ordinance No. 5-2022, the transit-related services special tax for Zone 33 shall take effect immediately, so that taxes will first be collected hereunder for the tax year beginning July 1, 2022.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 20th day of June 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Donald Terry, Mayor

Stacy Leitner, CMC
City Clerk

Page 221 of 324 ends

RANCHO CORDOVA TRANSIT-RELATED SERVICES SPECIAL TAX AREA ZONE 33 THE GRANTLINE 220 PROJECT

CITY OF RANCHO CORDOVA
· COUNTY OF SACRAMENTO, ST ATE OF CALIFORNIA
OFFICIAL SPECIAL TAX BALLOT (ELECTIONS CODE §4000)
.. '
The person completing and submitting this Property Owner Ballot must be the owner of the property identified above or the representative of the owner of such property who is legally authorized to complete and submit this ballot for and on behalf of the owner. The enclosed "Summary of Property Owner Ballot Procedures" has been provided to assist you in filling out the ballot. If there are two or more property owners, only one needs to sign and return the ballot.
··
Assessor's Parcel Numbers: 067-0040-010-0000
Owner Name: Lennar Homes of California, LLC
Assessor's Parcel Numbers: 067-0040-010-0000
Property Address: South of Douglas Road, east of Grantline Road.

Designation: Vacant Land
Total Parcel( s) Area (acres): 220 .15

SPECIAL TAX BALLOT MEASURE
Shall Ordinance No. 5-2022 of the City Council of the City of Rancho Cordova be approved so as to authorize a special tax on property located in Zone 33 of the Rancho Cordova Transit-Related Services Special Tax Area to maintain the present level of transit-related services and provide additional funding for increased transit-related services? �YES
□ NO
I hereby declare, under penalty of perjury under the laws of the State of California, that I am the owner, or the authorized ';j/:
of the owner, of the pa=
=
d above. Your ballot will not be co �n below.

Date 6ame ------1g -
na
-
tu
-
re
_______ _
Please mark your ballot in ink and return the entire page.

Upon completion, fold the ballot, place it in the addressed, return envelope and seal the envelope. Pursuant to the enclosed instructions, mail the ballot to the address shown on the return envelope, or deliver to the City Clerk at City Hall located at 1 :30 p.m.

Tuesday, May 24, 2022.

Project: The Grantline 220 Project
Return to:

City of Rancho Cordova
Attn: City Clerk
2729 Prospect Park Drive
Rancho Cordova, CA 95670
ITEM 9.9.

ATTACHMENT 2

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ITEM 9.9.

ATTACHMENT 3

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MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 9.10.

DATE: June 20, 2022

TO: Honorable Mayor and Council Members

FROM: Elizabeth Sparkman, Community Development Director Dalia Fadl, Principal Engineer

SUBJECT: A RESOLUTION DECLARING THE CITY'S INTENTION TO IMPOSE

AN ANNUAL STORMWATER UTILITY FEE FOR THE MAINTENANCE

OF STORM DRAINAGE AND FLOOD PROTECTION SYSTEMS FOR

THE SUNDANCE PROJECT

RECOMMENDATION

Adopt the Resolution designating a time and place for hearing protests in connection with the annual Stormwater Utility Fee for the Sundance project.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would declare the Council’s intention to impose an annual Stormwater Utility Fee for the maintenance of the storm drainage and flood protection system in the Sundance project and set a public hearing for July 18, 2022 on the matter.

BACKGROUND

The Council previously approved the Sundance project with a condition of approval which requires that the property owner fund operation and maintenance of the storm drainage system.

This condition will be satisfied by participation in the City’s Stormwater Utility Fee for storm drainage and flood protection services, which is the subject of this action.

Previously, projects were required to annex to the County’s Stormwater Utility. Since the City has taken over drainage maintenance and operations services from the County, it was necessary to establish the Stormwater Utility District to fund drainage services to ensure compliance with new state and federal laws and regulations. The Stormwater Utility Fee was established on September 2, 2014, by Ordinance No. 7-2014.

DISCUSSION
The property owners have submitted a petition and waiver for the City to institute the proceedings to impose the Stormwater Utility Fee (Attachment 5). The Sundance project is being annexed into the Stormwater Utility Fee (Attachment 3). The maintenance services to be funded include the furnishing of services and materials for the ordinary and usual operation, maintenance, and servicing of the storm drain and flood protection improvements.

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City Council Staff Report - Page 2 of 2
A “Rate Analysis Report” was adopted on August 7, 2014, by Resolution No. 103-2014. The report calculated the Fiscal Year 2014/2015 maximum annual Stormwater Utility Fee amount for each parcel proportionate to the estimated stormwater runoff for each parcel. The maximum annual fee increases each subsequent Fiscal Year by the annual change in the Consumer Price Index (CPI), during the preceding year, for All Urban Consumers, for the San Francisco- Oakland-San Jose areas, published by the United States Department of Labor, Bureau of Labor Statistics. A sample of the Stormwater Utility Fees for Fiscal Year 2022-2023 is provided in Attachment 4.

In accordance with Article XIII D, the “Procedures for the Conduct of a Protest Hearing and Balloting Relating to a Proposed Stormwater Utility Fee” as set forth in Attachment 2 and incorporated herein by reference (the “Procedures”). The Resolution (Attachment 1) sets the public hearing at 5:30 p.m., or as soon thereafter as possible, on July 18, 2022, as the time and date for a hearing on the matters set forth therein and directs the City Clerk to give notice of the public hearing. Notice of the Public Hearing will be published in the Grapevine Independent as required by law.

FISCAL IMPACT AND FUNDING SOURCE

There is no fiscal impact to the general fund. The annual stormwater utility fees collected are deposited into an enterprise fund specifically for the maintenance of the storm drainage and flood protection system.

ATTACHMENT(S)

1. Resolution

2. Exhibit A to the Resolution

3. Annexation Map

4. Stormwater Utility Fee- Rate Sheet FY22-23

5. Petition with Waivers

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ITEM 9.10. ATTACHMENT 1 Resolution No. XX-2022 Page 1 of 2

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE

OF CALIFORNIA, DESIGNATING A TIME AND PLACE FOR A HEARING PROTEST IN

CONNECTION WITH THE ANNUAL STORMWATER UTILITY FEE FOR THE SUNDANCE

PROJECT

WHEREAS, the Stormwater Utility Fee was established on September 2, 2014 by Ordinance No. 7-2014 to fund services and facilities furnished by the City in connection with its storm drain system. The Proposed Stormwater Utility Fee may be billed through the County Utility Billing Service (CUBS) as part of the consolidated utility bill or may be collected on the County of Sacramento tax roll, commencing in Fiscal Year 2022-2023, in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the City in the manner prescribed by Sections 5471 et seq. of the California Health and Safety Code; and
WHEREAS, this Council has caused a written report entitled, "Rate Analysis Report", dated August 7, 2014, (the "Written Report") prepared by Harris & Associates and filed with the City Clerk containing a description of each parcel of real property within the City to which the Proposed Stormwater Utility Fee is applicable (collectively, the "Identified Parcels") and the amount of the Proposed Stormwater Utility Fee for each such Identified Parcel for Fiscal Year 2014-15. The Written Report is on file in the office of the City Clerk and is available for public inspection; and
WHEREAS, Article XIII D of the California Constitution and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750, et seq.) (the "Implementation Act") imposes certain procedural and substantive requirements relating to the imposition of property- related fees and charges (as defined in Article XIII D), such as the Proposed Stormwater Utility Fee, including the requirement to conduct a protest hearing and balloting for consideration of the Proposed Stormwater Utility Fee. In accordance with Article XIII D and the Implementation Act, the City Council hereby approves the "Procedures for the Conduct of a Protest Hearing and Balloting Relating to a Proposed Stormwater Utility Fee" as set forth in Exhibit A and incorporated herein by reference (the "Procedures"); and WHEREAS this Council has received petitions and waivers from the owners of 100% of the area of land proposed to be included in the Proposed Stormwater Utility Fee in which the Petitioner has waived all notices of hearings and all published notices regarding the establishment of the stormwater utility fee, notices of election, and applicable waiting periods.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA:

1. The foregoing recitals are true and correct and incorporated herein.

2. Notice is hereby given that the City Council designates Monday, July 18, 2022, at the hour of 5:30 p.m., in the Council Chambers, City Hall, 2729 Prospect Park Drive, Rancho Cordova, California, as the time and place for a public hearing on the above- described written report and protests or objections to the imposition of the proposed

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ITEM 9.10. ATTACHMENT 1 Resolution No. XX-2022 Page 2 of 2 Stormwater Utility Fee.

At the above-described public hearing, all interested persons shall be afforded the opportunity to hear and be heard, and the City Council shall consider all protests against the Proposed Stormwater Utility Fee. If written protests against the Stormwater Utility Fee are presented by a majority of owners of the Identified Parcels, the City shall not impose the Proposed Stormwater Utility Fee. In the absence of a majority protest, the City Council may submit the Proposed Stormwater Utility Fee to a vote of the property owners in accordance with Article XIII D of the California Constitution.

3. The City Clerk is hereby authorized and directed to give notice of the above-described public hearing in accordance with law and the Procedures.

4. Reference is hereby made to the Written Report described in Section 2 hereof, which is on file in the office of the City Clerk, for a full and detailed description of the Proposed Stormwater Utility Fee upon parcels of land within the City.

5. The City Council hereby designates Elizabeth Sparkman, Community Development Director, telephone number, (916) 851-8714 to answer inquiries regarding the public hearing, protest proceedings and procedural or technical matters.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 20th day of June 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Donald Terry, Mayor

Stacy Leitner, CMC
City Clerk

Page 227 of 324 ends

Page1
EXHIBIT "A"

PROCEDURES FOR THE CONDUCT OF A

PROTEST HEARING AND VOTE RELATING TO A PROPOSED

STORMWATER UTILITY FEE
The following Procedures have been adopted by the City Council of the City of Rancho Cordova for the purpose of conducting a protest hearing required by Article XIII D of the California Constitution for consideration of the imposition of a proposed Stormwater Utility Fee (the "Proposed Stormwater Utility Fee”).

TABLE OF CONTENTS
A. Written Report
B. Notice of the Public Hearing on the Proposed Stormwater Utility Fee C. Eligibility to File a Protest
D. Submission of Written Protests
E. Conduct of the Public Hearing; Determination of A Majority Protest F. Conduct Property Owner Vote; Determination of a Majority Protest

Page 1 ends

Page 2 ends

Page 3 ends

Page 4 ends

A. Written Report
The City shall cause to be prepared a written report ("Written Report"), which shall contain a list of all parcels to which the Proposed Stormwater Utility Fee will apply (the "Identified Parcels") and the amount of the Proposed Stormwater Utility Fee for each Identified Parcel for Fiscal Year 2021-2022.

The Written Report shall be placed on file in the office of the City Clerk prior to the mailing of the Notice of Public Hearing on the Proposed Stormwater Utility Fee and shall remain available for public inspection.

B. Notice of the Public Hearing on the Proposed Stormwater Utility Fee Notice of the public hearing on the Proposed Stormwater Utility Fee shall be sent, postage prepaid, by first class mail at least forty -five (45) days prior to the date set for the public hearing to the Record Owner of each Identified Parcel. The forty -five (45) day requirement may be waived with the unanimous consent of the property owners.

ITEM 9.10.

ATTACHMENT 2
Exhibit A to the Resolution

Page 228 of 324 ends

Page2
"Record Owner" means the owner of an Identified Parcel whose name and address appears on the last Sacramento County equalized secured property tax assessment roll (the "Assessment Roll"), or in the case of any public entity, the State of California, or the United States, means the representative of that public entity at the address of that entity known to the City.

Notices shall be mailed to the Record Owners of the Identified Parcels, addressed to the names and addresses as they appear on the Assessment Roll, and, in the case of any public entity, the State of California, or the United States, addressed to the public entity at the address of that entity known to the City. In addition, notices shall be mailed to owners of the Identified Parcels, addressed to the names and addresses known to the City Clerk, if dif ferent than shown on the Assessment Roll.

Each mailed notice shall contain all of the following:

· A reference to filing of the Written Report;

· A reference to the proposed ordinance imposing the Proposed Stormwater Utility Fee and providing for the collection of the Fee on the County tax roll;

· The amount of the Proposed Stormwater Utility Fee to be imposed upon the Identified Parcel covered by the notice;

· The basis upon which the amount of the Proposed Stormwater Utility Fee was calculated;

· The reason for the Proposed Stormwater Utility Fee;

· A statement that the Proposed Stormwater Utility Fee may be collected as part of a consolidated utility bill via CUBS or on the County of Sacramento tax roll each year, commencing with Fiscal Year 2022-2023.

· The effect of a majority protest; and

· The date, time and location of a public hearing on the Proposed Stormwater Utility Fee.

The City Clerk, or the designee of the City Clerk, may certify the proper mailing of notices by an affidavit, which shall constitute conclusive proof of mailing in the absence of fraud.

Failure of any person to receive notice shall not invalidate the proceedings.

Notice of the filing of the Written Report and the public hearing shall be published once a week for two successive weeks in the Grapevine Independent, with the first publication at least fourteen (14) days prior to the date of the public hearing, and with at least five (5) days intervening between the first and second publications. The published notice may be waived by unanimous consent of the property owners.

C. Eligibility to File a Protest

The Assessment Roll shall be presumptive evidence of ownership of an Identified Parcel for protest purposes.

ITEM 9.10.

ATTACHMENT 2
Exhibit A to the Resolution

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Page3
If the owner of any Identified Parcel is not shown on the Assessment Roll, such owner may file a protest for such parcel by filing with the City Clerk a proxy from the Record Owner in a form satisfactory to the City Attorney or evidence of ownership satisfactory to the City Attorney. Any such proxy or evidence must be received by the City Clerk prior to the conclusion of the public hearing.

When an Identified Parcel is held by a partnership, as community property, in joint tenancy, or as a tenancy in common, any partner, spouse, joint tenant, or tenant in common, as the case may be, may file a protest for such parcel.

An executor, administrator, or guardian may file a protest for an Identified Parcel on behalf of the estate it represents. If such representative is shown on the Assessment Roll as paying taxes and assessments levied against the parcel, that fact shall establish the right of such representative to file the protest. If such representative is not shown on the Assessment Roll, the repres entative must file with the City Clerk written documentation satisfactory to the City Attorney establishing the legal representation. Any such documentation must be filed with the City Clerk prior to the conclusion of the public hearing.

When an Identified Parcel is held by a corporation or unincorporated association, a protest may be filed by any person authorized in writing by the board of directors or trustees or other managing body thereof to take such actions. The corporation or unincorporated association must file with the City Clerk written authorization satisfactory to the City Attorney. Any such written authorization must be filed with the City Clerk prior to the conclusion of the public hearing.

D. Submission of Written Protests

Written protests may be mailed (via U.S. mail) to the City Clerk at City Hall or delivered in person to the City Clerk at City Hall or at the public hearing.

No protests delivered via e- mail will be counted for purposes of determining whether a majority protest exists, but the City Council may, in its discretion, consider such protests in making determinations regarding the Proposed Stormwater Utility Fee

Each written protest must identify the property covered by the protest and be signed.

No protest received after the close of the public hearing shall be counted in determining the existence of a majority protest. The last pick up by the City Clerk of protests mailed or delivered to City Hall will occur at 5:30 p.m. on the date scheduled for the public hearing. To ensure that protests which are mailed or delivered to City Hall are received by the City Clerk prior to the close of the public hearing, such protests must be received by the City Clerk at City Hall prior to 5:30 p.m. on the date scheduled for the public hearing. The City Clerk shall endorse on each written protest the date it is filed with the City. The City Clerk shall identify any protests which are received after the close of the public hearing.

Written protests may be withdrawn in writing at any time before the conclusion of the public hearing by the person who submitted the written protest.

For purposes of determining whether a majority protest exists, only one protest for each Identified Parcel will be counted.

ITEM 9.10.

ATTACHMENT 2
Exhibit A to the Resolution

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Page4
All written protests shall be considered public records.

E. Conduct of the Public Hearing; Determinationof a Majority Protest

1. At the time, date and place fixed for the public hearing, the City Council shall:

(i) Conduct a public hearing pertaining to the Proposed Stormwater Utility Fee;

(ii) Hear all persons interested in the matter of the Proposed Stormwater Utility Fee; and

(iii) Receive all written communications regarding the Proposed Stormwater Utility Fee.

2. The public hearing may be continued from time to time, as the City Council determines is necessary to complete its consideration of the Proposed Stormwater Utility Fee.

3. If the City Council determines at the close of the public hearing that written protests have been presented, and not withdrawn, by a majority of owners of the Identified Parcels (i.e., there is a majority protest), the Proposed Stormwater Utility Fee shall not be approved.

4. If the City Council determines at the close of the public hearing that there is not a majority protest, the City Council may:

(i) Remedy and correct any clerical error in the Written Report or otherwise modify the Written Report; provided that any such modification or correction shall not result in a Proposed Stormwater Utility Fee for any Identified Parcel which is greater than the amount shown in the notice of the public hearing that was mailed to the Record Owner of the Identified Parcel;

(ii) Confirm the Written Report, as originally filed or as amended in accordance with subparagraph (i), above;

(iii) Adopt a resolution calling for a property owner vote regarding the Proposed Stormwater Utility Fee.

F. Conduct Property Owner Vote: Determination of a Majority Consent

Pursuant to Government Code Section 53755. S(c), the proceedings described in this section shall not constitute an election or voting for purposes of Article II of the California Constitution or of the Elections Code.

An election on the Proposed Stormwater Utility Fee shall be sent, postage prepaid, by first class mail at least forty -five (45) days prior to the date set for the election to the Record Owner of each Identified Parcel. The forty-five (45) day requirement may be waived with the unanimous consent of the property owners.

Each mailed ballot shall contain all of the following:

• On the face of the envelope in which the notice of election and ballot are mailed, there shall appear in substantially the following form in no smaller than 16 -point bold type:
"OFFICIALBALLOT ENCLOSED."
ITEM 9.10.

ATTACHMENT 2
Exhibit A to the Resolution

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• The ballot shall include the agency's address for return of the ballot , the date and location where the ballots will be tabulated, and a place where the person returning it may indicate his or her name, a reasonable identification of the parcel, and his or her support or opposition to the proposed fee. The ballots shall be tabulated in a location accessible to the public. The ballot shall be in a form that conceals its content once it is sealed by the person submitting it. The ballot shall remain sealed until the ballot tabulation commences.

No ballot received after the time of the ballot tabulation shall be counted in determining the existence of majority consent. The last pick up by the City Clerk of ballots mailed or delivered to City Hall will occur at 1:30 p.m. on the date scheduled for the election. To ensure that ballots which are mailed or delivered to City Hall are received by the City Clerk prior to the commencement of the ballot tabulation , such ballots must be received by the City Clerk at City Hall prior to 5: 30 p.m. on the date scheduled for the ballot tabulation. The City Clerk shall endorse on each ballot the date it is filed with the City. The City Clerk shall identify any ballots which are received after the commencement of the ballot tabulation.

An impartial person designated by the City who does not have a vested interest in the outcome of the proposed fee shall tabulate the ballots submitted in support of or opposition to the proposed fee. An impartial per son includes, but is not limited to, the City Clerk. If the City uses City personnel for the ballot tabulation , or if the City contracts with a vendor for the ballot tabulation and the vendor or its affiliates participated in the research, design, engineering, public education, or promotion of the fee, the ballots shall be unsealed and tabulated in public view to permit all interested persons to meaningfully monitor the accuracy of the tabulation process.

The ballot tabulation may be continued to a different time or different location accessible to the public, provided that the time and location are announced at the location at wh ich the tabulation commenced and posted by the City in a location accessible to the public. The impartial person may use t echnological methods to tabulate the ballots, including, but not limited to, punchcard or optically readable (bar -coded) ballots. During and after the tabulation, the ballots and, if applicable, the information used to determine the weight of each ballot, shall be treated as public records, subject to public disclosure and made available for inspection by any interested person. The ballots shall be preserved for a minimum of two years, after which they may be destroyed.

Majority approval of the Record Owners shall exist if the number of valid ballots in favor of the fee exceeds the number of valid ballots in opposition to the fee.

At the time, date and place fixed for the ballot tabulation, the City Council shall direct the City Clerk to commence the ballot tabulation.

If there is no majority approval, the Stormwater Utility Fee shall not be imposed.

If majority approval exists, the City Council may impose the Stormwater Utility Fee pursuant to the Ordinance.

ITEM 9.10.

ATTACHMENT 2
Exhibit A to the Resolution

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DOUGLAS RD

SUNRISE
BLVD

CITY OF RANCHO CORDOVA

STORMWATER UTILITY FEE AREA
ANNEXATION 12
(SUNDANCE PROJECT)
!
Legend
Annexation Boundary
Parcel Boundary
APN
067-0030-040
ITEM 9.10.

ATTACHMENT 3

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ITEM 9.10. ATTACHMENT 4 Stormwater Utility Fee
Sample of the Stormwater Utility Fees for Fiscal Year 2022-2023:

Table 1
Land Use Description
Total Area
(acres) Sample Fee
Single Family Residential (SFR1) 0.16 $143.40
Single Family Residential (SFR2) 0.22 $157.73
Single Family Residential (SFR3) 0.30 $168.51
Single Family Residential (SFR4) 0.40 $179.24
Single Family Residential (SFR5) 1.00 $179.24
Multi-Family Residential (MFR1) 5.00 $1,254.93
Commercial 1.00 $1,344.58
Industrial 1.00 $1,434.24
Schools 5.00 $896.39
Private Recreation 1.00 $448.17
Parks/Greenbelts 2.00 $179.24
Public Property (with structures) 2.00 $537.81

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ITEM 9.10.

ATTACHMENT 5

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ITEM 9.10.

ATTACHMENT 5

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MEMORANDUM
City Council Staff Report - Page 1 of 3

ITEM 9.11.

DATE: June 20, 2022

TO: Honorable Mayor and Council Members

FROM: Adam Lindgren, City Attorney

SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CORDOVA AND ON BEHALF OF COMMISSIONS AND COMMITTEES

CREATED BY THE CITY COUNCIL PURSUANT TO GOVERNMENT
CODE SECTION 54952(B) CONFIRMING THE STATE OF
EMERGENCY UNDER GOVERNMENT CODE SECTION 8625,

RECOGNIZING CONTINUED MEASURES TO PROMOTE SOCIAL

DISTANCING, AND RE-AUTHORIZING REMOTE TELECONFERENCE
MEETINGS OF THE CITY FOR THE PERIOD FROM JUNE 20, 2022
TO JULY 19, 2022

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the attached Resolution would allow the City Council and the City’s other legislative bodies to continue to meet via teleconference (“virtually”) in a manner substantially similar to the manner in which they have met during the COVID-19 pandemic, if a proclaimed State of Emergency remains in effect and other requirements are satisfied.

BACKGROUND

All meetings of the City Council and the City’s other legislative bodies are open and public, as required by the Ralph M. Brown Act, Government Code section 54950 et seq., so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business. On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct virtual meetings to slow the spread of COVID-

19. As a result of Executive Order N-29-20, City Staff set up virtual meetings for the City Council and other City legislative bodies. On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, ended the provisions of Executive Order N-29-20 that allowed local legislative bodies to conduct meetings telephonically or by other means.

On September 16, 2021, Governor Newsom signed Assembly Bill 361 (“AB 361”), which allows local legislative bodies to continue to conduct meetings via teleconferencing under specified

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City Council Staff Report - Page 2 of 3
conditions. AB 361 took effect upon the expiration of Executive Order N-29-20 on October 1, 2021. On September 20, 2021, the City Council held a meeting in compliance with AB 361’s requirements for remote meetings.

In order for AB 361 to remain effective for meetings of the City’s legislative bodies, the City Council is required to make specified findings every 30 days. AB 361 allows a legislative body to continue holding meetings utilizing teleconferencing without complying with the standard teleconferencing requirements if a State of Emergency is proclaimed under Government Code section 8625, the City has reconsidered the emergency conditions, and if the local Public Health Officer continues to recommend social distancing measures to protect the public’s health and safety during local government meetings. These conditions are present.

Governor Newsom’s March 4, 2020 Proclamation of Emergency related to the COVID-19 pandemic is still in effect. The potential spread of COVID-19 continues to threaten public health and safety during indoor public gatherings, including indoor gatherings of the Rancho Cordova City Council and other Rancho Cordova legislative bodies. In addition, the Sacramento County Public Health Officer continues to recommend teleconferencing or social distancing to protect the public’s health and safety during local government meetings.

SUMMARY

The attached Resolution makes the required findings that the current conditions exist to allow teleconference meetings pursuant to AB 361 for the City Council and on behalf of all of the legislative bodies commissions and committees created by the City Council pursuant to Government Code section 54952(b). This will allow members of the public to safely observe and participate in local government meetings during the pandemic.

If a meeting is held via teleconference under AB 361, the following requirements apply:

1.Notices and agenda requirements remain the same under the Brown Act;

2.No physical location is required for public attendance or public comment.However, the public must be able to access and participate in the meeting through a call-in or an internet-based service, and instructions for how to participate must appear in the posted notices or agenda;

3.Teleconference meetings must protect the statutory and constitutional rights of the parties and the public;

4.If there is any disruption of the call-in or internet-based service, the agency must suspend the meeting until the problem is fixed;

5.Legislative bodies may allow public comments to be submitted prior to a meeting but must also allow the public to participate in real time through call-in or internet-based service;

6.If an internet-based service requires registration through a third-party, individuals can be required to register with the third-party to participate in the meeting; and

7.When providing a public comment period, whether after each item or during a general comment period, a legislative body must allow reasonable time for members of the public to comment and must also include reasonable time for members to register with a third-party host if applicable.

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City Council Staff Report - Page 3 of 3

FISCAL IMPACT AND FUNDING SOURCE

The cost of continued remote access to Council meetings and the meetings of other City committees.

ATTACHMENT(S)

1. Resolution - AB 361 Rancho Cordova

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ITEM 9.11. ATTACHMENT 1 Resolution No. XX-2022 Page 1 of 3

CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA AND ON

BEHALF OF COMMISSIONS AND COMMITTEES CREATED BY THE CITY COUNCIL PURSUANT TO GOVERNMENT CODE SECTION 54952(b) CONFIRMING THE STATE OF EMERGENCY UNDER GOVERNMENT CODE SECTION 8625, RECOGNIZING CONTINUED

MEASURES TO PROMOTE SOCIAL DISTANCING, AND RE-AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY FOR THE PERIOD FROM JUNE 20, 2022 TO JULY 19, 2022
WHEREAS, the City is committed to preserving and promoting public access and participation in meetings of the legislative bodies; and WHEREAS, all meetings of the City are open and public, as required by the Ralph M.

Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City conduct their business; and WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, on September 20, 2021 the City held a meeting during a state of emergency under Government Code section 8625 and during a period of recommended social distancing by state and local officials while complying with Government Code section 54953(e)(2); and WHEREAS, the City is required to make certain findings every thirty (30) days to continue teleconferencing under Government Code section 54953(e)(3), including reconsideration of the state of emergency declared by the Governor pursuant to Government Code section 8625, and State or local officials continue to impose or recommend measures to promote social distancing; and
WHEREAS, the City continues to experience emergency conditions due to COVID-19, specifically, the highly transmissible SARS-CoV-2 B.1.617.2 (“Delta”) continues to threaten public health and safety during indoor public gatherings; and WHEREAS, the City Council has considered the circumstances of the Governor’s state of emergency proclamation pursuant to Government Code section 8625, which remains active; and

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ITEM 9.11. ATTACHMENT 1 Resolution No. XX-2022 Page 2 of 3 WHEREAS, on July 30, 2021, the Sacramento County Health Officer issued an order requiring all individuals, regardless of vaccination status, to wear a mask while indoors in public spaces; and
WHEREAS, the Centers for Disease Control and Prevention (“CDC”) continues to recommend physical distancing of at least six feet (6’) from others outside of the household; and WHEREAS, the Sacramento County Health Officer’s order incorporates the CDC’s guidance for vaccinated and unvaccinated people; and
WHEREAS, the City Council, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of the commissions, committees, and other bodies that were created by the City Council pursuant to Government Code section 54952(b) (collectively referred to as the “Legislative Bodies”), does hereby find that the Legislative Bodies shall continue to conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that the Legislative Bodies shall continue to comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953 as a consequence of the ongoing state of emergency and the continued social distancing measures required by local officials.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Affirmation that Local Emergency Persists. The City Council hereby considers the conditions of the state of emergency pursuant to Government Code section 8625 and proclaims that a local emergency persists throughout the City, affirms the Sacramento Health Order’s required and recommended measures to promote social distancing, and finds that the conditions continue to exist pursuant to Government Code section 54953(e)(3) to allow the Legislative Bodies to use teleconferencing to hold public meetings in accordance with Government Code section 54953(e)(2) to ensure members of the public have continued access to safely observe and participate in local government meetings.

Section 3. Remote Teleconference Meetings. City Staff are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, continuing to conduct open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.

Section 4. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) July 19, 2022 or such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of City may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova, this 20th day of June 2022, by the following vote:

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ITEM 9.11. ATTACHMENT 1 Resolution No. XX-2022 Page 3 of 3 AYES:

NOES:

ABSENT:

ABSTAIN:

Donald Terry, Mayor
ATTEST:

Stacy Leitner, CMC
City Clerk

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MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 9.12.

DATE: June 20, 2022

TO: Honorable Mayor and Council Members

FROM: Stacy Leitner, City Clerk

SUBJECT: A RESOLUTION CALLING THE NOVEMBER 8, 2022 GENERAL

MUNICIPAL ELECTION FOR TWO CITY COUNCIL SEATS

RECOMMENDATION

Rescind Resolution No. 94-2022 and adopt the updated Resolution calling the November 8, 2022 General Municipal Election and requesting that the Sacramento County Board of Supervisors consolidate the General Municipal Election with the statewide election.

RESULT OF RECOMMENDED ACTION

Rescinding Resolution No. 94-2022 and adopting the updated Resolution would correct the language and allow for the consolidation of the general municipal election with the statewide election to be held on November 8, 2022 and to obtain election services from the Sacramento County Voter Registration and Elections Department. The Resolution also adopts the Candidate Statement policy described in the County of Sacramento’s Candidates Guide.

Exhibit A (Attachment 2 ) and Exhibit B (Attachment 3) provide the current City map and information on file with the Sacramento Registrar of Voters (ROV). At the general municipal election, two members of the City Council will be elected for full, four-year terms. The Council Member seats currently filled by Linda Budge and Garrett Gatewood expire in December 2022.

BACKGROUND

On June 6, 2022, the City Council adopted a resolution calling the November 8, 2022. Upon further review, City staff discovered an error in the language of Resolution No. 94-2022, referencing a prior election. In order to correct the error, City staff recommends Council rescind Resolution No. 94-2022 and adopt an updated version of the Resolution.

The City’s general municipal election will be held on November 8, 2022. In accordance with Elections Code §10403, the City will file the attached Resolution with the County of Sacramento requesting consolidation of the election and setting forth the offices to be voted upon at the election. The City will also request election services from the County Voter Registration and Elections Department.

The filing period for nomination documents and candidate’s statement will be July 18, 2022 through August 12, 2022. If nomination documents for an incumbent are not filed by 5:00 PM

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City Council Staff Report - Page 2 of 2
on August 12, 2022 any qualified person other than the incumbent shall have until 5:00 PM on August 17, 2022 to file nomination documents for the Council seat.

FISCAL IMPACT AND FUNDING SOURCE

It is estimated that the costs associated with the Election Services will be $54,000.

ATTACHMENT(S)

1. Resolution

2. Exhibit A to the Resolution - Rancho Cordova City Map

3. Exhibit B to the Resolution - Rancho Cordova Legal Description

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ITEM 9.12. ATTACHMENT 1
Resolution No. XX-2022 Page 1 of 2

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, CALLING THE NOVEMBER 8, 2022 GENERAL MUNICIPAL

ELECTION

WHEREAS, an election will be held within the City of Rancho Cordova on November 8, 2022 for the purpose of electing two members of the City Council for full, four-year terms; and WHEREAS, a Statewide General Election will be held within the County of Sacramento on the same day; and
WHEREAS, Elections Code §10403 requires jurisdictions to file with the Board of Supervisors, and a copy with the Registrar of Voters, a Resolution requesting consolidation with a Statewide Election.

NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA AS FOLLOWS:

1. The City Council rescinds Resolution No. 94-2022 and adopts this corrected resolution calling the November 8, 2022.

2. The City Council of the City of Rancho Cordova requests the Board of Supervisors of Sacramento County to consolidate the regularly scheduled General Municipal Election with the General Election to be held on November 8, 2022.

3. The Candidate is to pay for the publication of the candidate's statement, pursuant to Elections Code §13307. The limitation on the number of words that a candidate may use in his/her candidate's statement is 200 words; and the City of Rancho Cordova chooses to adopt the policy for Candidate's Statement preparation as described in the County of Sacramento's Candidates Guide under the heading of "Candidate Statement."

4. The City map and City information on file with the Registrar of Voters and attached as Exhibit A and Exhibit B are current depictions of the City.

5. The City of Rancho Cordova agrees to reimburse the Registrar of Voters for actual costs accrued for each election, such costs to be calculated by the proration method set forth in the County's current Election Cost to Allocate Procedures on the basis of the amount of services provided to the City of Rancho Cordova.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 20th day of June, 2022 by the following vote:

AYES:

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ITEM 9.12. ATTACHMENT 1
Resolution No. XX-2022 Page 2 of 2 NOES:

ABSENT:

ABSTAIN:

ATTEST:

Donald Terry, Mayor

Stacy Leitner, CMC
City Clerk

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NIMBUS

RDFOLSOM BLVD
ARDEN
WAY

FAIR OAKS BLVD

ZINFANDEL
DR

DOUGLAS RD
KIEFER
BLVD
MAT
H E R

FIE L D
R D

INTERNATIONAL DR

S WATT AVE

COLOMA RD
KIEFER
BLVD

SUNRISE
BLVD

WHITE ROCK RD

ELDER CREEK RD

GRANT LINE RD

BRADSHAW
RD
FOLSOM
BLVD

FLORIN RDEXCELSIOR
RD

JACKSON RD

SUNRISE
BLVD

HAZEL AVE
CITY
HALL
POLICE

DEPARTMENT

OLD PLACERVILLE RD

AMERICAN
RIVER
50 50
16 CITY OF
RANCHO CORDOVA Legend

LIBRARIES

LIGHT RAIL STOPS

CITY BOUNDARY
JUNE 2012
0 2
Miles

MATHER FIELDMATHER FIELD

REGIONALREGIONAL

LANDFILLLANDFILL

AEROJETAEROJET

PETER A MCCUEN BL MATHER BLVD

MACREADY AVE

NORDEN AVE

FEMOYER STDEBELLEVUE ST BULLARD ST

LEMAY ST
See Detail Map
Detail Map
ITEM 9.12.

ATTACHMENT 2
Exhibit A to the Resolution

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ITEM 9.12.

ATTACHMENT 3
Exhibit B to the Resolution

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ITEM 9.12.

ATTACHMENT 3
Exhibit B to the Resolution

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ITEM 9.12.

ATTACHMENT 3
Exhibit B to the Resolution

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ITEM 9.12.

ATTACHMENT 3
Exhibit B to the Resolution

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ITEM 9.12.

ATTACHMENT 3
Exhibit B to the Resolution

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ITEM 9.12.

ATTACHMENT 3
Exhibit B to the Resolution

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ITEM 9.12.

ATTACHMENT 3
Exhibit B to the Resolution

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ITEM 9.12.

ATTACHMENT 3
Exhibit B to the Resolution

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ITEM 9.12.

ATTACHMENT 3
Exhibit B to the Resolution

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MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 9.13.

DATE: June 20, 2022

TO: Honorable Mayor and Council Members

FROM: Adam Lindgren, City Attorney

SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CORDOVA, STATE OF CALIFORNIA, IMPLEMENTING AN ANNUAL

COMPENSATION COST OF LIVING INCREASE FOR THE CITY

MANAGER

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would authorize payment of a 3.5% annual compensation cost of living increase to the City Manager.

BACKGROUND

Cyrus Abhar has served as the City Manager for the City of Rancho Cordova since November 2, 2015.

Section II(A)(1) of his current employment agreement (Agreement) provides for an annual compensation cost of living increase based on the Consumer Price Index.

The City Manager previously voluntarily deferred that increase and has recently requested three and one-half percent (3.5%), which is considerably below the amount of the increase in the Consumer Price Index that he is entitled to receive under the Agreement.

The increase would be effective June 26, 2022, the date that salary adjustments for other City employees are proposed to go into effect.

Before taking final action, the City Attorney, on behalf of the City Council, will orally report a summary of the recommended actions on City Manager pay and benefits during this open session of a regular council meeting.

FISCAL IMPACT AND FUNDING SOURCE

Various.

ATTACHMENT(S)

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City Council Staff Report - Page 2 of 2

1. Resolution

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ITEM 9.13. ATTACHMENT 1 Resolution No. XX-2022 Page 1 of 1

CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE

OF CALIFORNIA, IMPLEMENTING AN ANNUAL COMPENSATION COST OF LIVING

INCREASE FOR THE CITY MANAGER
WHEREAS, Cyrus Abhar has served as City Manager for the City of Rancho Cordova since November 2, 2015; and
WHEREAS, the City Council approved an amended and restated employment agreement (“Agreement”) with Cyrus Abhar (“City Manager”) on November 5, 2018; and WHEREAS, Section II(A)(1) of his Agreement provides for an annual compensation cost of living increase based on the Consumer Price Index; and WHEREAS, the City Manager previously voluntarily deferred that increase and has recently requested three and one-half percent (3.5%), which is considerably below the amount of the increase in the Consumer Price Index that he is entitled to receive under the Agreement.

NOW THEREFORE BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA resolves that, effective June 26, 2022, City Manager, Cyrus Abhar, shall be awarded an annual compensation cost of living increase performance incentive in the amount of three and one-half percent (3.5%), bringing his total monthly compensation to the amount of twenty-three thousand eight hundred five dollars and nine cents ($23,805.09).

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova this 20th day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
Donald Terry, Mayor
ATTEST:

Stacy Leitner, CMC
City Clerk

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MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 9.14.

DATE: June 20, 2022

TO: Honorable Mayor and Council Members

FROM:

Kim Juran, Administrative Services Director
Stacy Delaney, Community Enhancement and Investment Senior Management Analyst

SUBJECT: FISCAL YEAR 2022-23 BUDGET FOR AMERICAN RESCUE PLAN

ACT, MEASURE H, AND MEASURE R

RECOMMENDATION

1) Adopt the Resolution approving the Fiscal Year 2022-23 American Rescue Plan Act budget; 2) Adopt the Resolution approving the Fiscal Year 2022-23 budget amounts for Measure R, the revenues from the voter-approved 1/2 Cent Sales Tax; 3) Adopt the Resolution approving the Fiscal Year 2022-23 budget amounts for Community Grants, Legacy Projects, and Department Led Initiatives to be funded from the Measure H/Community Enhancement and Investment Fund, the revenues from the voter-approved 1/2 Cent Sales Tax; 4) Adopt the Resolution approving the Fiscal Year 2021-22 Measure H/Community Enhancement and Investment Fund budget amendment; 5) Adopt the Resolution approving appropriations limit for Fiscal Year 2022-23; and 6) Adopt the Resolution approving full-eime employee salary schedule.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolutions for American Rescue Plan Act, Measure H, and Measure R will provide appropriation authority for fiscal year 2022-23 for the approved projects and programs in each of these funds. Adoption of the resolution for the fiscal year 2021-22 Measure H budget amendment will provide appropriation authority for revenues collected above the original budget to be allocated to projects and programs previously identified by the City Council. Adoption of the Appropriations Limit establishes the annual appropriations limit as required by law and the Full Time Employee Salary Schedule establishes the pay schedule in accordance with CalPERS requirements.

BACKGROUND

The City adopted the Fiscal Year 2021-23 Operating Budget in June 2021. Even though this two-year budget provides appropriation authority to the City through June 30, 2023, City staff re-evaluate revenue performance throughout the two-year budget cycle and make adjustments to the budget when necessary. While the City's General Fund is the primary funding source for day-to-day operations, the community has entrusted the City with approving two add-on sales tax measures (Measure H and Measure R) that fund enhanced programs and projects throughout the City that would otherwise not be possible. Due to higher than anticipated growth

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City Council Staff Report - Page 2 of 2
of these sales tax revenues, the City initiated discussions with the City Council to develop an updated expenditure plan for Measure H and Measure R that fully utilizes anticipated revenues for the upcoming fiscal year. These City Council discussions began on March 29, 2022 and continued through the months of April and May.

In addition to the two voter approved sales tax measures, the City was allocated $15.58 million in American Rescue Plan Act (ARPA) funds in Spring 2021. As final guidance on the eligible use of these ARPA funds was still being developed throughout 2021, an initial discussion with the City Council on potential uses of ARPA funds occurred on August 2, 2021, followed by a more in depth discussion on November 1, 2021, during which the City Council identified priority initiatives to be funded through ARPA. The U.S Treasury issued its final guidance on the use of ARPA funds in January 2022, which resulted in some significant modifications to how funds could be utilized. Thus, one additional discussion with the City Council occurred on March 29, 2022, to revisit the proposed programming of ARPA funds given the revised guidelines.

At the meeting on June 6, 2022, the City Council received a final presentation to review the proposed allocation of these three funding sources. This overview also provided a comprehensive view of how all three funding sources combine to fund the identified priority projects and programs for Fiscal Year 2022-23. The City is fortunate to have a total of $38 million of funds available from these three funding sources to provide enhanced programs and projects for the community as it emerges from the pandemic.

FISCAL IMPACT AND FUNDING SOURCE

Fiscal impact defined in each of the attachments.

ATTACHMENT(S)

1. Funding Summary

2. ARPA Resolution

3. Exhibit A to Resolution - ARPA Resolution

4. Measure R Resolution

5. Exhibit A to the Resolution - Measure R

6. Measure H Resolution FY 22-23

7. Exhibit A to the Resolution - Measure H FY 22-23

8. Measure H Resolution FY 21-22 Budget Amendment

9. Exhibit to the Resolution - Measure H Resolution FY 21-22 Budget Amendment

10. Resolution GANN 22-23

11. Price and Population 2022

12. GANN FY 22-23 Worksheets Exhibit

13. Salary Schedule Resolution 22-23

14. Salary Schedule

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American Rescue
Plan Act Measure H Measure R Total Investment
COVID-19 Response & Recovery, Economic Development,
Community Development 4,850,000 780,000 4,333,000 9,963,000 Affordable Housing, Homelessness, Assistance to Households 3,702,000 670,000 - 4,372, 000 Public Safety - 2,158,400 - 2,158,400
Public Works Infrastructure/Maintenance 3,917,000 1,824,000 4,700, 000 10,441, 000 Assistance to Disproportionately Impacted Households &
Communities 2,500,000 - - 2,500,000
Capital Investment/Legacy Projects - 2,703,474 1,797,000 4,500,474 Measure H Community Grant Funds 2,694,126 2,694,126
Unallocated ARPA Reserve 619,333 619,333
Administration (5% of total revenue) 570,000 570,000 1,140, 000 Total 15,588,333$ 11,400,000$ 11,400, 000$ 38,388, 333 Category
Funding Source
Fiscal Year 2022-23 Enhancement Funds Appropriation Summary by Category ITEM 9.14.

ATTACHMENT 1

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ITEM 9.14. ATTACHMENT 2 Resolution No. XX-2022 Page 1 of 2

CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA ADOPTING THE FISCAL YEAR 2022-23 AMERICAN RESCUE PLAN ACT BUDGET WHEREAS, on March 11, 2021, the American Rescue Plan Act of 2021 (ARPA) was signed into law making $350 billion available through the State and Local Fiscal Recovery Funds (SLFRF) to assist states, tribal governments, and local governments with the recovery from the economic impacts caused by COVID-19; and
WHEREAS, the City has been allocated $15,588,333 in ARPA funds to be programmed by December 2024 and spent by December 2026; and
WHEREAS, the City Council held public discussions on the use of these ARPA funds on August 2, 2021, November 1, 2021, March 29, 2022, and June 6, 2022; and WHEREAS, the Department of Treasury released its final rule on the use of ARPA funds on January 6, 2022 which provided broader flexibility and greater simplicity in using these funds; and
WHEREAS, it is the intention of the City Council to adopt the proposed budget for ARPA funds for Fiscal Year 2022-23 as outlined in Exhibit A;

NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA as follows: The City Council adopt the Fiscal Year 2022-23 American Rescue Plan Act Budget (Exhibit A).

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 20th day of June, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
Donald Terry, Mayor

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ITEM 9.14. ATTACHMENT 2 Resolution No. XX-2022 Page 2 of 2
ATTEST:

Stacy Leitner, CMC
City Clerk

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Workforce Development/Community Support 1,000,000
Business Support 3,000,000
Food Locker Capacity Building (in progress - commitment has been awarded) 350,000
Non Profit COVID-19 Recovery & Support 500,000
4,850,000
Neighborhood Services Homeless Enhancements 152,000
Mather Veteran's Village Phase IV ($2M of matching funds from Sac County ARPA) 2,000,000
Crossings at Woodberry Phase II 1,000,000
Small Site Homeless Housing Program 300,000
Childcare support & assistance 250,000
3,702,000
Stormdrain improvements to Monier Circle to provide relief to local businesses (payment made in FY21/22) 2,000,000
Broadband and Public Wifi 500,000
Pavement Rehabilitation
Mather Field Road Corridor Enhancements 500,000
Pedestrian improvements in Countryside Neighborhood 917,000 3,917,000
Assistance to Disproportionately Impacted
Households & Communities
Investment in neighborhoods to promote improved health outcomes (based on community input process) 2,500,000
2,500,000
Unallocated ARPA Reserve Unallocated ARPA Reserve 619,333 Total 15,588,333$
Budget Appropriation Fund 2325
Public Works Infrastructure/Maintenance
American Rescue
Plan ActCategory Proposed Projects/Programs
COVID-19 Response & Recovery
Economic Development
Community Development
Affordable Housing
Homelessness
Assistance to Households
ITEM 9.14.

ATTACHMENT 3
Exhibit A to the Resolution

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ITEM 9.14. ATTACHMENT 4 Resolution No. XX-2022 Page 1 of 2

CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, APPROVING FISCAL YEAR 2022-2023 BUDGET AMOUNTS FOR

PROJECTS AND PROGRAMS TO BE FUNDED FROM MEASURE R REVENUES WHEREAS, in November 2020, Rancho Cordova voters approved Measure R, a ½ cent sales tax measure, that now generates approximately $11 million of annual revenue for the City’s general fund; and
WHEREAS, the revenues from Measure R are locally controlled by the City; and WHEREAS, the City Council has considered recommendations from City staff and Council Members regarding projects and programs to be funded through Measure R; and WHEREAS, the City Council, at public meetings, has reviewed and discussed the proposed appropriation plan in detail; and
WHEREAS, the City Council now desires to approve final funding recommendations (Exhibit A) for projects and programs to receive funding for the 2022-2023 fiscal year from Measure R, while recognizing that some projects may require subsequent discretionary approvals by the City Council to meet certain legal requirements.

NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA as follows: The City Council adopts the Fiscal Year 2022-23 Budget Amounts for projects to be funded from Measure R Revenues as set forth in Exhibit A the Fiscal Year 2022-23 Measure R Appropriation Summary.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 20th day of June, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
Donald Terry, Mayor

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ITEM 9.14. ATTACHMENT 4 Resolution No. XX-2022 Page 2 of 2
ATTEST:

Stacy Leitner, CMC
City Clerk

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Workforce Development/Community Support 200,000
Property Acquisition/Redevelopment/Expansion of City
Services/Corridor 3,633,000
Community Building, Outreach, Community Service Activities, and Beautification Projects, Programs, & Incentives 500,000 4,333,000
Mills Ranch/Rossmoor Neighborhood Streets Rehabilitation Project 4,000,000
Corridor Beautification (Mather Field Road and Planning Study) 700,000
4,700,000
Rancho Cordova Youth Center Operations (annual allocation) 1,000,000 Rancho Cordova Little League 797,000
1,797,000
Administration 570,000
Total 11,400,000$
Budget Appropriation Fund 1200
Public Works
Infrastructure/Maintenance
Capital Investment/Legacy Projects
Measure RCategory Proposed Projects/Programs
COVID-19 Response & Recovery
Economic Development
Community Development
ITEM 9.14.

ATTACHMENT 5
Exhibit A to the Resolution

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ITEM 9.14. ATTACHMENT 6 Resolution No. XX-2022 Page 1 of 3

CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA APPROVING THE FISCAL YEAR 2022-2023 AMOUNTS FOR COMMUNITY GRANTS,

LEGACY FUND, AND DEPARTMENT PROJECTS AND PROGRAMS TO BE FUNDED FROM

THE MEASURE H/COMMUNITY ENHANCEMENT AND INVESTMENT FUND WHEREAS, in November 2014, Rancho Cordova voters approved Measure H, a ½ cent sales tax measure, which now generates approximately $11 million of annual revenue for the City’s general fund; and
WHEREAS, the revenues from the Measure H/Community Enhancement and Investment Fund are locally controlled by the City; and WHEREAS, the City Council and staff invited the community to submit applications to receive funding from the Measure H/Community Enhancement and Investment Fund and more than 90 such applications were received and considered by the City Council; and WHEREAS, the City Council also considered recommendations from City staff and Council Members regarding projects to be funded from the Measure H/Community Enhancement and Investment Fund; and
WHEREAS, the City Council, at public meetings, has considered all grant applications, public comments, staff recommendations, and City Council proposals regarding the Measure H/Community Enhancement and Investment Fund; and
WHEREAS, the City Council now desires to approve final funding recommendations for projects to receive funding for the 2022-2023 fiscal year from the Measure H/Community Enhancement and Investment Fund, while recognizing that some projects may require subsequent discretionary approvals by the City Council to meet certain legal requirements.

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA AS FOLLOWS:

1. The Fiscal Year 2022-2023 Measure H/Community Enhancement and Investment Fund Budget and Project list is attached as Exhibit A.

2. That the amounts stated in the Fiscal Year 2022-2023 Measure H/Community Enhancement and Investment Fund Budget and Project List shall become and thereafter be appropriated to funds stated therein and said monies are hereby appropriated.

3. The City Manager is authorized to approve expenditure adjustments within individual funds so long as the total appropriated within each major fund is not exceeded.

4. Additionally, the City Manager, or designee, is authorized to adjust Measure H/Community Enhancement and Investment Fund project allocations per the authority granted under Resolution 122-2021.

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ITEM 9.14. ATTACHMENT 6 Resolution No. XX-2022 Page 2 of 3

5. City staff is authorized to and shall expeditiously process all projects receiving a “Category 1” assignment in Exhibit A, including the execution of funding agreements related to such projects, so that grant funds are distributed as soon as possible.

6. City staff shall ensure that all projects receiving a “Category 2” assignment will move forward as soon as all outstanding issues are resolved, including those related to public bidding and/or prevailing wage requirements; and City staff is authorized to execute required funding agreements and coordinate with necessary outside agencies
and parties regarding these projects.

7. Recognizing that the group of projects receiving a “Category 3” assignment in Exhibit A require more extensive staff time to create specifications and meet legal requirements (including public bidding requirements, prevailing wage rules, property entitlements, and/or requirements under the California Environmental Quality Act) City staff shall ensure that planning for these projects makes timely progress and staff shall submit any items requiring additional City Council approval to the Council in a timely fashion.

8. All funding agreements related to the Measure H/Community Enhancement and Investment Fund grants shall be executed by the City Manager, approved by the City Attorney, and shall include requirements to ensure that grant recipients utilize grant monies for the purposes outlined in the approved grant applications. To ensure timely issuance of grant funding, grantees will have 60 days following the receipt of their grant funding agreement to provide the required documentation back to the City needed to execute the agreement. This is being done to help mitigate projects being delayed and/or not finishing during the fiscal year and ensure projects move forward in a timely manner. The Measure H/Community Enhancement and Investment Fund estimated budget is based on the latest available sales tax data at the time the grant applications were approved by the City Council. Although the intent is to see all the approved projects move forward through completion, the impacts from the COVID-19 pandemic may result in some projects not moving forward at all or moving forward in a capacity less than what was anticipated at the time the project was approved for funding.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 20th day of June 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
Donald Terry, Mayor
ATTEST:

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ITEM 9.14. ATTACHMENT 6 Resolution No. XX-2022 Page 3 of 3
Stacy Leitner, CMC
City Clerk

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ITEM 9.14.