Rancho Cordova City Council
September 6, 2022

CITY OF RANCHO CORDOVA

CITY COUNCIL MEETING
Tuesday, September 6, 2022
5:30 PM – Regular Meeting
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova
Pursuant to California Assembly Bill 361 amending the Ralph M. Brown Act (Govt. Code 54950-54963), the City has declared a state of emergency relating to COVID-19 and imposed measures to promote social distancing.

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Instructions to Make Public Comment
Submitting Public Comment via Email

Members of the public who wish to provide public comment via email will need to submit written comments to [email protected] no later than 3:00 p.m. on Tuesday, September 6, 2022. Written comments received no later than 3:00 p.m. will be distributed to the Council, filed in the record, and will not be read aloud. All comments submitted later than 3:00 p.m. will be distributed to the Council.

Listening to a Zoom Meeting by Zoom Video Conference
To make a public comment using the Zoom platform, please use the “raise hand” feature at the bottom center of the screen. Please make sure to enable audio controls once access has been given by the City Clerk’s office to speak. Please wait to be called upon by the City Clerk.

Rancho Cordova City Council - AGENDA
Regular Meeting of Tuesday, September 6, 2022

Listening to a Zoom Meeting by Phone Only

You can join a Zoom meeting via teleconferencing/audio conferencing using a cell phone or traditional landline phone. To request to make a public comment by phone press *9 to raise your hand. Please wait to be called upon by the City Clerk.

All public comments will be limited to three-minutes.

If you have questions related to the City Council Meeting or the use of Zoom, please contact the City Clerk’s Office at (916) 851-8720 Tuesday, September 6, 2022, before 3:00 p.m.

AGENDA

1. REGULAR MEETING - CALL TO ORDER/ROLL CALL

Council Members Linda Budge, Garrett Gatewood, Siri Pulipati, David Sander, and Mayor Donald Terry

2. METRO CABLE TV TELEVISION ANNOUNCEMENT

The Clerk will announce the meetings video recording and playback schedules.

3. PLEDGE OF ALLEGIANCE

The Mayor will call on someone in attendance to lead the Pledge.

4. INVOCATION

Elizabeth Brick of the United Methodist Church will give the invocation.

5. PRESENTATIONS

5.1. Recognition by Assemblyman Ken Cooley to Honor and Recognize Diann Rogers, President and CEO of the Rancho Cordova Area Chamber of Commerce, as Woman of the Year for Assembly District 8.

5.2. Recognition of the Sacramento Hispanic Chamber of Commerce's 50th Anniversary.

5.3. Presentation of Proclamation Designating September 2022 as Prostate Cancer Awareness Month.

6. PUBLIC COMMENT

Citizens wishing to address the Council for any matter not on the agenda may do so at this time via teleconference or by completing and submitting a Speaker Card to the City Clerk.

If you want to make a public comment via teleconference, please use the “raise hand” feature at the bottom center of the screen. If you are participating by telephone and you want to make a public comment, please press *9 to raise your hand. For those participating by Zoom or telephone, please wait to be called upon by the City Clerk.

For items on the agenda, speakers will be called by the Mayor at the point on the agenda when the item will be heard. Speakers are encouraged to keep comments to three minutes or

Rancho Cordova City Council - AGENDA
Regular Meeting of Tuesday, September 6, 2022

less and to state name and community of residence.

Under the provisions of the California Government Code, the City Council is prohibited from discussing or taking immediate action on any item not on the agenda unless it can be demonstrated to be of an emergency nature or the need to take immediate action arose after the posting of the agenda.

7. COUNCIL REPORTS

8. CITY MANAGER'S REPORT

9. CONSENT CALENDAR ITEMS - ROLL CALL VOTE

9.1. Subject: Meeting Minutes from the Regular City Council Meeting of August 15, 2022 and the Special Meeting of August 23, 2022.

Recommendation: Adopt the Minutes.

9.2. Subject: Second Reading of an Ordinance Amending Title 9, Public Peace Morals and Safety, Adding Chapter 9.85 Protection of Critical Infrastructure and Wildfire Risk Areas of the City of Rancho Cordova Municipal Code.

Recommendation: Waive the second reading and adopt the Ordinance.

9.3. 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 September 6, 2022 to October 5, 2022.

Recommendation: Adopt the Resolution.

9.4. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2022-182 with B&M Builders Inc. in an Amount not to Exceed $268,685 for the Kilgore Road and International Drive Storm Drain Repair Project.

Recommendation: Adopt the Resolution.

9.5. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2022-165 with Dewberry Engineers, Inc. in an Amount not to Exceed $199,933.65 to Prepare the Citywide Gateway Enhancement Plan.

Recommendation: Adopt the Resolution.

9.6. Subject: A Resolution of the City Council of the City of Rancho Cordova, Approving the Final Map of Sunridge Village 3 Subdivision No. RC-03-027.03, and Authorizing the City Manager to Execute Subdivision Improvement Agreement Contract No. 2022-79 with Cresleigh Homes Corporation.

Recommendation: Adopt the Resolution.

9.7. Subject: A Resolution Approving the Annexation of a Portion of The Ranch Project to the City of Rancho Cordova Community Facilities District No. 2018-2 (Community Places and Neighborhood Greens).

Recommendation: Adopt the Resolution.

Rancho Cordova City Council - AGENDA
Regular Meeting of Tuesday, September 6, 2022

9.8. Subject: A Resolution Approving the Annexation of a Portion of The Ranch Project to the City of Rancho Cordova Community Facilities District No. 2014-2 (Street, Lighting, and Landscape Maintenance).

Recommendation: Adopt the Resolution.

9.9. Subject: A Resolution Re-Approving the Annexation of The Ranch Subdivision (Market Rate Portion) into the City of Rancho Cordova Community Facilities District No. 2013-2 (Police Services).

Recommendation: Adopt the Resolution.

9.10. Subject: A Resolution Declaring the Results of a Mail Ballot Election Relating to the Imposition of the Annual Stormwater Utility Fee for the Sundance Project in the City of Rancho Cordova.

Recommendation: Adopt the Resolution declaring the results of the mail ballot election relating to the imposition of the Annual Stormwater Utility Fee for the Sundance project.

9.11. Subject: Treasurer's Report - June 30, 2022.

Recommendation: This report is informational only. It is recommended that the City Council receive and file the June 30, 2022 Treasurer’s Report.

10. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE

10.1. Subject: A Resolution Vacating a Portion of Right-of-Way at 11295 Folsom Boulevard and Reserving a Public Utility Easement Pursuant to the Provisions of Chapter 3, Part 3 of Public Streets, Highways, and Service Easements Vacation Law Commencing at Section 8320 of the California Streets and Highways Code.

Recommendation: Adopt the Resolution.

10.2. Subject: A Resolution Vacating a No Ingress or Egress Rights Line Pursuant to the Provisions of Chapter 3, Part 3 of the Public Streets, Highways, and Service Easements Vacation Law Commencing at Section 8320 of the California Streets and Highways Code (3479 Sunrise Blvd).

Recommendation: Adopt the Resolution.

10.3. Subject: A Resolution Approving Sunridge Lot J Village 4 Tentative Subdivision Map, Special Development Permit, and Major Design Review- Project No. DD10028.

Recommendation: Adopt the Resolution approving Sunridge Lot J Village 4 Tentative Subdivision Map, Special Development Permit, and Major Design Review.

10.4. Subject: A Resolution Declaring a Protest Hearing and Authorizing the Mailing of Property Owner Ballot Relating to the Imposition of an Annual Stormwater Utility Fee for a Portion of The Ranch Project.

Recommendation: Adopt the Resolution.

10.5. Subject: A Resolution Creating Special Tax Area Zone 31 and an Ordinance Establishing a Special Tax for Transit-Related Services a portion of The Ranch Project.

Recommendation: Adopt the Resolution creating Special Tax Area Zone 31; waive first reading and introduce the Ordinance establishing a special tax for transit-related services for a portion of The Ranch project.

Rancho Cordova City Council - AGENDA
Regular Meeting of Tuesday, September 6, 2022

11. PUBLIC HEARING ITEMS

None.

12. REGULAR CALENDAR ITEMS

12.1. Subject: A Resolution Authorizing the Issuance of Special Tax Bonds for and on Behalf of the City of Rancho Cordova The Ranch Community Facilities District No. 2021-1, Approving and Directing the Execution of a Fiscal Agent Agreement, Approving the Form of Preliminary Official Statement, Approving Sale of Such Bonds, and Approving Other Related Documents and Actions.

Recommendation: Adopt the Resolution.

12.2. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2022-180 with Mark Thomas & Company, Inc. in an Amount not to Exceed $9,672,794 for Final Civil Engineering/Structural Design, Environmental and Right of Way Support for the US50/Rancho Cordova Parkway Interchange Project that will Provide a Critical Transportation Link for the City and Region.

Recommendation: Adopt the Resolution.

12.3. Subject: A Resolution Authorizing the City Manager to Approve Cost Allocation Agreement Contract No. 2022-89 with Sacramento County in an Amount not to Exceed $2,400,000 for the Design Phase of the Sunrise Improvement Project from Kiefer Boulevard to Jackson Road to Widen the Road and Intersection.

Recommendation: Adopt the Resolution.

12.4. Subject: Appointment of Real Property Negotiators Cyrus Abhar, City Manager, Micah Runner, Deputy City Manager, and Adam U. Lindgren, City Attorney for the Following Property: 4381 Anatolia Drive, 067-043-0037-0000.

Recommendation: Approve appointment of Real Property Negotiators.

13. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

14. ADJOURN TO CLOSED SESSION

Mayor Terry will adjourn the meeting to closed session.

15. CLOSED SESSION - CALL TO ORDER/ROLL CALL

Council Members Linda Budge, Garrett Gatewood, Siri Pulipati, David Sander, and Mayor Donald Terry

16. CLOSED SESSION

Council will meet in closed session to discuss the following items:

CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to Government Code Section 54956.8: Property: Mather Field Rd, Assessor's Parcel Number (APN): 077-0050-058- 0000, City Negotiators: Cyrus Abhar, City Manager, Micah Runner, Deputy City Manager, and Adam U. Lindgren, City Attorney, Negotiating Parties: County of Sacramento.

Property: 10503 Armstrong Ave, Assessor's Parcel Number (APN): 067-0990-005-0000, City Negotiators: Cyrus Abhar, City Manager, Micah Runner, Deputy City Manager, and Adam U.

Rancho Cordova City Council - AGENDA
Regular Meeting of Tuesday, September 6, 2022

Lindgren, City Attorney, Negotiating Parties: County of Sacramento.

Property: Mather Blvd Assessor's Parcel Number: 067-0010-039-0000, City Negotiators:

Cyrus Abhar, City Manager, Micah Runner, Deputy City Manager, and Adam U. Lindgren, City Attorney, Negotiating Parties: County of Sacramento.

Property: 10566 Peter A Mccuen, Assessor's Parcel Number (APN): 067-1040-006-0000, City Negotiators: Cyrus Abhar, City Manager, Micah Runner, Deputy City Manager, and Adam U.

Lindgren, City Attorney, Negotiating Parties: County of Sacramento.

Property: 3615 Bleckely St, Assessor's Parcel Number (APN): 067-1040-001-0000, City Negotiators: Cyrus Abhar, City Manager, Micah Runner, Deputy City Manager, and Adam U.

Lindgren, City Attorney, Negotiating Parties: County of Sacramento.

Property: 3607 Bleckely St, Assessor's Parcel Number (APN): 067-1040-002-0000, City Negotiators: Cyrus Abhar, City Manager, Micah Runner, Deputy City Manager, and Adam U.

Lindgren, City Attorney, Negotiating Parties: County of Sacramento.

Property: 3611 Bleckely St, Assessor's Parcel Number (APN): 067-1040-007-0000, City Negotiators: Cyrus Abhar, City Manager, Micah Runner, Deputy City Manager, and Adam U.

Lindgren, City Attorney, Negotiating Parties: County of Sacramento.

Property: 10621 Schirra Ave, Assessor's Parcel Number (APN): 067-1040-008-0000, City Negotiators: Cyrus Abhar, City Manager, Micah Runner, Deputy City Manager, and Adam U.

Lindgren, City Attorney, Negotiating Parties: County of Sacramento.

Property: Bleckely St, Assessor's Parcel Number (APN): 067-0010-093-0000, City Negotiators: Cyrus Abhar, City Manager, Micah Runner, Deputy City Manager, and Adam U.

Lindgren, City Attorney, Negotiating Parties: County of Sacramento.

Property: Femoyer Ave, Assessor's Parcel Number (APN): 067-1040-005-0000, City Negotiators: Cyrus Abhar, City Manager, Micah Runner, Deputy City Manager, and Adam U.

Lindgren, City Attorney, Negotiating Parties: County of Sacramento.

Property: Bleckely St, Assessor's Parcel Number: 067-0010-113-0000, City Negotiators:

Cyrus Abhar, City Manager, Micah Runner, Deputy City Manager, and Adam U. Lindgren, City Attorney, Negotiating Parties: County of Sacramento.

Property: Bleckely St, Assessor's Parcel Number (APN): 067-0010-094-0000, City Negotiators: Cyrus Abhar, City Manager, Micah Runner, Deputy City Manager, and Adam U.

Lindgren, City Attorney, Negotiating Parties: County of Sacramento.

Property: 4381 Anatolia Drive, Assessor's Parcel Number (APN): 067-043-0037-0000 City Negotiators: Cyrus Abhar, City Manager, Micah Runner, Deputy City Manager, and Adam U.

Lindgren, City Attorney, Negotiating Parties: D&S Development.

Under Negotiation: Price and Terms of Payment.

17. OPEN SESSION - REPORT FROM CLOSED SESSION

The City Attorney will report on action taken in closed session.

Rancho Cordova City Council - AGENDA
Regular Meeting of Tuesday, September 6, 2022

18. ADJOURNMENT

ADDITIONAL INFORMATION
Special meetings listed below are subject to change/cancellation without further notice.

Unless the Council adopts a motion to extend the meeting, any item that is not initiated before 11:00 p.m. will be continued to the next day at 5:30 p.m. or scheduled on the next regular meeting of the Council.

Public documents related to items on the open session portion of this agenda, which are distributed to the City Council less than 72 hours prior to the meeting, shall be available for public inspection at the time the documents are distributed to the Council. Documents are available for inspection at the City Clerk's office located in Rancho Cordova City Hall.

The agenda items are accessible on the City’s website at www.cityofranchocordova.org on Thursdays or Fridays prior to the Regular City Council Meeting.

UPCOMING MEETINGS
September 19, 2022 5:30 PM Regular Meeting
September 27, 2022 5:30 PM Special Meeting/Work Session October 3, 2022 4:00 PM Special Meeting/Regular Meeting October 17, 2022 5:30 PM Regular Meeting
October 25, 2022 5:30 PM Special Meeting/Work Session
November 7, 2022 4:00 PM Special Meeting/Regular Meeting November 21, 2022 5:30 PM Regular Meeting
November 29, 2022 5:30 PM Special Meeting/Work Session
If you have any technical questions related to the agenda items, please contact City Hall at (916) 851- 8700.

The Rancho Cordova City Council meeting will be videotaped in its entirety and will be cablecast without interruption on Metro Cable 14, the Government Affairs Channel on the Comcast, Consolidated Communications and AT&T U-Verse Systems. Closed Captioning will be available on the playback cablecast. A DVD copy is available from the City Clerk’s Department and a webcast of this meeting will be available for viewing via video streaming from the City’s website within 48 hours of adjournment of this meeting.

In compliance with the Americans with Disabilities Act, if you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk’s Office at (916) 851-8720 at least 48 hours prior to the meeting.

CERTIFICATION OF POSTING OF AGENDA

Rancho Cordova City Council - AGENDA
Regular Meeting of Tuesday, September 6, 2022

I, Stacy Leitner, City Clerk for the City of Rancho Cordova, declare that the foregoing agenda for the September 6, 2022 Regular Meeting of the Rancho Cordova City Council was posted and available for review on September 1, 2022 at City Hall of the City of Rancho Cordova, 2729 Prospect Park Drive, Rancho Cordova, California, 95670. The agenda is also available on the city website at www.cityofranchocordova.org.

Signed September 1, 2022 at Rancho Cordova, California.

Stacy Leitner, CMC
City Clerk

CITY OF RANCHO CORDOVA

CITY COUNCIL MEETING
Monday, August 15, 2022
5:30 PM – Regular Meeting
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova

DRAFT MINUTES

1. REGULAR MEETING - CALL TO ORDER/ROLL CALL

Mayor Terry called the Regular meeting to order in the David B. Roberts Council Chambers at 5:33 p.m.

Council Members Present: Linda Budge, Siri Pulipati, David Sander, and Mayor Donald Terry
Council Members Absent: Garrett Gatewood
Staff Members Present: Cyrus Abhar, Adam Lindgren, Stacy Leitner and Persephonie Riley

2. METRO CABLE TV TELEVISION ANNOUNCEMENT

The City Clerk read the meetings recordings and playback schedule.

3. PLEDGE OF ALLEGIANCE

City Manager Cyrus Abhar led the pledge.

4. INVOCATION

Elizabeth Brick with the United Methodist Church of Rancho Cordova gave the invocation.

5. PRESENTATIONS

5.1. Introduction of New Employees: Matt Spieth, Code Enforcement Officer I and Ryan Brown, Code Enforcement Officer I by Brittany Mariscal, Senior Code Enforcement Officer.

Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, August 15, 2022

5.2. Employee Milestone Anniversary Presentations.

6. PUBLIC COMMENT

Mayor Terry opened the public comment period. The following individuals addressed the Council or submitted public comment via email:

1. James Garcia

2. Tera Kolvenbach

3. Brenda Gustin

4. Helen Whelan-Bashaw

5. Bill Collins

6. Fayzah Mughal
Mayor Terry closed the public comment period.

7. COUNCIL REPORTS

Council reported on events since the last meeting.

8. CITY MANAGER'S REPORT

City Manager Cyrus Abhar gave his report.

9. CONSENT CALENDAR ITEMS - ROLL CALL VOTE

Mayor Terry stated that item 9.3 would be pulled for separate discussion.

ACTION: Motion to approve item 9.1 and 9.2 by Budge second by Pulipati; Motion passed with a 4:0 vote
AYES: Budge, Pulipati, Sander, and Terry
NOES: None
ABSENT: Gatewood
ABSTAIN: None

9.1. Subject: Meeting Minutes from the Regular City Council Meeting of August 1, 2022.

Recommendation: Adopt the Minutes.

9.2. 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 August 15, 2022 to September 14, 2022.

Recommendation: Adopt the Resolution.

9.3. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 133-2019-2 with West Yost & Associates to Extend the Contract Term from June 30, 2023, to June 30, 2024, which Results in an Increase to the Contract Amount from $850,000 to an Amount not to Exceed $1,850,000 for Stormwater Engineering Services.

Recommendation: Adopt the Resolution.

Mayor Terry opened the public comment period. The following individuals addressed the Council or submitted public comment via email:

Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, August 15, 2022

1. Brend Gustin

2. David Militzer

3. Helen Whelan-Bashaw

4. Brenda Gustin
Mayor Terry closed the public comment period.

ACTION: Motion to approve item 9.3. by Budge second by Sander; Motion passed with a 4:0 vote.

AYES: Budge, Pulipati, Sander, and Terry
NOES: None
ABSENT: Gatewood
ABSTAIN: None

10. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE

Mayor Terry stated that item 10.1 and 10.2 would be pulled for separate discussion.

10.1. Subject: An Ordinance Amending Title 9, Public Peace Morals and Safety, Adding Chapter 9.85 Protection of Critical Infrastructure and Wildfire Risk Areas of the City of Rancho Cordova Municipal Code and a Resolution Designating Specified Locations as Critical Instructure.

Recommendation: Waive the first reading and introduce the Ordinance.

Mayor Terry opened the public comment period. The following individuals addressed the Council or submitted public comment via email:

1. James Garcia

2. Helen Whelan-Bashaw

3. Fayzah Mughal
Mayor Terry closed the public comment period.

ACTION: Motion to approve item 10.1. by Budge second by Pulipati; Motion passed with a 4:0 vote.

AYES: Budge, Pulipati, Sander, and Terry
NOES: None
ABSENT: Gatewood
ABSTAIN: None

10.2. Subject: Sunridge Villas (Sundance) - Major Design Review and Special Development Permit - Project No. PLND-0322-0029.

Recommendation: Find the project to be in compliance with the California Environmental Quality Act (CEQA) consistent with the approved Mitigated Negative Declaration prepared for the Sundance project (RC04-122); and adopt the Resolution for the Sunridge Villas Major Design Review and Special Development Permit.

Mayor Terry recused himself from item 10.2 due to a conflict of interest related to the proximity of his residence to the location of the project.

Vice Mayor Budge opened the public comment period. The following individuals addressed the Council or submitted public comment via email:

Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, August 15, 2022

1. Helen Whelan-Bashaw

2. James Garcia
Vice Mayor Budge closed the public comment period.

ACTION: Motion to approve item 10.2. by Pulipati second by Sander; Motion passed with a 3:0 vote.

AYES: Pulipati, Sander, and Budge
NOES: None
ABSENT: Gatewood
RECUSED: Terry

11. PUBLIC HEARING ITEMS

None.

12. REGULAR CALENDAR ITEMS

12.1. Subject: City of Rancho Cordova Technology Update.

Recommendation: Receive information regarding Technology Updates for the City of Rancho Cordova.

Mayor Terry opened the public comment period. Seeing no speakers. Mayor Terry closed the public comment period.

ACTION: Input was received regarding the City of Rancho Cordova Technology Update.

13. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

None.

14. ADJOURNMENT

Mayor Terry adjourned the meeting in memory of Jedd McClatchy and Jack Carlson at 7:57 p.m.
______________________
Stacy Leitner, CMC
City Clerk

ITEM 9.1.

CITY OF RANCHO CORDOVA

CITY COUNCIL MEETING
Tuesday, August 23, 2022
5:30 PM –Special Meeting/Work Session
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova
Pursuant to California Assembly Bill 361 amending the Ralph M. Brown Act (Govt. Code 54950-54963), the City has declared a state of emergency relating to COVID-19 and imposed measures to promote social distancing.

DRAFT MINUTES

1. SPECIAL MEETING - CALL TO ORDER/ROLL CALL

Mayor Terry called the Regular meeting to order in the David B. Roberts Council Chambers at 5:36 p.m.

Council Members Present: Linda Budge, Garrett Gatewood (arrived at 5:49 p.m.), Siri Pulipati, David Sander, and Mayor Donald Terry
Council Members Absent: None
Staff Members Present: Cyrus Abhar, Adam Lindgren, Stacy Leitner and Persephonie Riley

2. PUBLIC COMMENT

Mayor Terry stated that public comment would be taken at the time the item on the agenda was heard.

3. SPECIAL MEETING ITEMS

3.1. Subject: Fiscal Year 2023-25 Budget Priorities and Legacy Project Discussion.

Recommendation: Receive presentation and provide direction.

Mayor Terry opened the public comment period. The following individuals addressed the Council or submitted public comment via email:

ITEM 9.1.

Rancho Cordova City Council - DRAFT MINUTES
Meeting of Tuesday, August 23, 2022

1. Helen Whelan Bashaw

2. Michelle Elkins-Buettner

3. Tera Kolvenbach

4. Brenda Gustin
Mayor Terry closed the public comment period.

ACTION: Input was received regarding Fiscal Year 2023-25 Budget Priorities and Legacy Project Discussion.

4. ADJOURNMENT

Mayor Terry adjourned the meeting at 8:08 p.m.
_________________________
Stacy Leitner, CMC
City Clerk

MEMORANDUM
City Council Staff Report - Page 1 of 1

ITEM 9.2.

DATE: September 6, 2022

TO: Honorable Mayor and Council Members

FROM: Russell Ducharme, Neighborhood Services Manager

SUBJECT: SECOND READING OF AN ORDINANCE AMENDING TITLE 9, PUBLIC PEACE MORALS AND SAFETY, ADDING CHAPTER 9.85

PROTECTION OF CRITICAL INFRASTRUCTURE AND WILDFIRE

RISK AREAS OF THE CITY OF RANCHO CORDOVA MUNICIPAL
CODE

RECOMMENDATION

Waive the second reading and adopt the Ordinance.

RESULT OF RECOMMENDED ACTION

Adoption of the Ordinance would amend Title 9 Public Peace Morals and Safety by adding Chapter 9.85 Protection of Critical Infrastructure and Wildfire Risk Areas.

BACKGROUND

On August 15, 2022 the City Council waived the first reading and passed to a second reading an Ordinance amending Title 9, Public Peace Morals and Safety, Adding Chapter 9.85 Protection of Critical Infrastructure and Wildfire Risk Areas of the City of Rancho Cordova Municipal Code.

FISCAL IMPACT AND FUNDING SOURCE

There is no Fiscal Impact.

ATTACHMENT(S)

1. Ordinance

2. Exhibit A to the Ordinance - Critical Infrastructure and Wildfire

ITEM 9.2. ATTACHMENT 1
Ordinance No. XX-2022 Page 1 of 3

CITY OF RANCHO CORDOVA
ORDINANCE NO. XX-2022

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, AMENDING TITLE 9 OF THE RANCHO CORDOVA MUNICIPAL CODE TO ADD CHAPTER 9.85 PROTECTION OF CRITICAL INFRASTRUCTURE AND

WILDFIRE RISK AREAS
THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA DOES ORDAIN AS FOLLOWS:

Section 1. Recitals.

WHEREAS, a principal threat to the public health, safety and welfare is the potential destruction of, damage to, or interference with, infrastructure that is critical to the delivery of public services such as law enforcement, fire prevention, public works, parks and recreation, and utilities including communication, water, and waste disposal; and WHEREAS, destruction of, damage to, or interference with, critical infrastructure is caused by fire, contamination, restricting access, or other causes; and WHEREAS, destruction of, damage to, or interference with, critical infrastructure is frequently caused by persons whose activities are not permitted or authorized in, on or near critical infrastructure; and
WHEREAS, Title 9 is being amended to add Chapter 9.85 to provide for the protection of critical infrastructure and wildfire risk areas; and WHEREAS, the purpose of this chapter is to mitigate the threat of fire or other potential causes of destruction and damage to and interference with, critical infrastructure, in order to protect the health, safety and welfare of the public, by authorizing the removal of persons and their personal property in, on or near critical infrastructure.

Section 2: Findings. The City Council hereby finds: (1) a principal threat to the public health, safety, and welfare is the potential destruction of, damage to, or interference with, infrastructure that is critical to the provision of public services such as law enforcement, fire prevention, transportation, and utilities including communication, water, and waste disposal; (2) a further principal threat to the public health, safety, and welfare is the potential destruction of, damage to, or interference with the natural habitat, as well as interference with public services such as law enforcement, fire prevention, transportation, and utilities including communication, water, and waste disposal, within the high fire zones of the City; (3) the destruction of, damage to, or interference with, critical infrastructure and high fire areas, caused by fire, contamination, restricting access, or other causes; and (3) the disruption to or interference with the use of property designated by resolution to be a sensitive use property.

Section 3:Declaration. The City Council declares the purpose of this ordinance is to mitigate the threat of fire and other potential causes of destruction and damage to, and interference with, critical infrastructure or in City high fire areas, in order to protect the health, safety, and welfare of the public, by authorizing the removal of persons and their personal property in, upon, under, or adjacent to certain critical infrastructure or within those areas of the

ITEM 9.2. ATTACHMENT 1
Ordinance No. XX-2022 Page 2 of 3
City determined to constitute high fire danger, and to prohibit sitting, lying, sleeping, the placement of bulky items or personal property within a distance of fifty (50) feet of a property designated by resolution to be a sensitive use property.

Section 3. Amendments to Title 9 Public Peace, Morals and Safety.

The City Council hereby adopts the amendments to Title 9 (Public Peace, Morals and Safety) to add Chapter 9.85 Protection of Critical Infrastructure and Wildfire Risk Areas, as shown and incorporated in Exhibit A to this ordinance.

Section 3:CEQA Compliance.

Adoption of this ordinance is exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment. It can be seen with certainty that there is no possibility that adoption of this ordinance, amending existing sections to the City’s municipal Code to clarify the intent, will have a significant effect on the environment. Therefore, adoption of this ordinance is not subject to CEQA.

Section 4.Severability
If any provision of this Ordinance or the application thereof to any person or circumstance, is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid or unenforceable.

Section 5. Effective Date
Within fifteen (15) days after adoption, a Summary of this Ordinance shall be published once in the Grapevine Independent, or the Sacramento Bee, a newspaper of general circulation printed and published in Sacramento County and circulated in the City of Rancho Cordova, in accordance with Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 6th day of September 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ITEM 9.2. ATTACHMENT 1
Ordinance No. XX-2022 Page 3 of 3
____________________________
Donald Terry, Mayor
ATTEST:

Stacy Leitner, CMC
City Clerk

ITEM 9.2. ATTACHMENT 2
Exhibit A to the Ordinance
Chapter 9.85 is hereby added to the Ranch Cordova Municipal Code to read as follows:

Chapter 9.85 PROTECTION OF CRITICAL INFRASTRUCTURE AND WILDFIRE RISK AREAS

9.85.010 Findings and purpose.

The City Council finds as follows:
(1) a principal threat to the public health, safety, and welfare is the potential destruction of, damage to, or interference with, infrastructure that is critical to the delivery of public services such as law enforcement, fire prevention, public works, parks and recreation, and utilities including communication, water, stormwater, and waste disposal; and (2) destruction of, damage to, or interference with, critical infrastructure is caused by fire, contamination, restricting access, or other causes; and (3) destruction of, damage to, or interference with, critical infrastructure is frequently caused by persons whose activities are not permitted or authorized in, on, or near critical infrastructure.

The purpose of this chapter is to mitigate the threat of fire and other potential causes of destruction and damage to and interference with, critical infrastructure, in order to protect the health, safety, and welfare of the public, by authorizing the removal of persons and their personal property in, on, or near critical infrastructure.

9.85.020 Definitions.

When used in this chapter, the following words and phrases have the following meanings:
“Camp” means to place, pitch or occupy camp facilities; to live temporarily in a camp facility or outdoors; to use camp paraphernalia.
“Camp facilities” include, but are not limited to, tents, huts, vehicles, vehicle camping outfits or temporary shelter.
“Camp paraphernalia” includes, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks or cooking facilities and similar equipment. “Critical infrastructure” means each of the following:

Real property or a facility, whether privately or publicly owned, as approved by resolution of the city council, that the city manager designates as being so vital and integral to the operation or functioning of the city that its damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare.

ITEM 9.2. ATTACHMENT 2
Exhibit A to the Ordinance
Critical infrastructure may include, but is not limited to, government buildings, such as fire stations, police stations, jails, or courthouses; hospitals; structures, such as antennas, bridges, roads, train tracks, drainage systems, or levees; or systems, such as computer networks, public utilities, electrical wires, natural gas pipes, telecommunication centers, or water sources. “Debris” means building and construction materials, garbage, refuse, wreckage, spoiled or ruined household goods, and similar material.
“Facility” means a building, structure, equipment, system, or asset. “Fire prevention official” means the fire chief, a deputy fire chief, the fire marshal, or a fire prevention officer.
“Garbage” means household and kitchen waste; animal, vegetable, and putrescible waste associated with the preparation, consumption, handling, or storage of edible materials; and any nonputrescible material mixed in the same container with or contaminated by putrescible waste.

Garbage does not include source-separated recyclables or yard waste. “Hazardous waste” has the same meaning as in California Public Resources Code section 40141. “Infectious waste” has the same meaning as in California Code of Regulations, title 14, section 17225.36.
“Solid waste” means all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage; ashes; industrial waste; demolition and construction waste; discarded home and industrial appliances; abandoned vehicles and vehicle parts; dewatered, treated, or chemically fixed sewage sludge that is not hazardous waste; manure; dirt; soil, rock, gravel, sand, or other aggregate material; and other discarded solid and semisolid waste; but not including recyclables or yard waste.
“Wildfire risk area” has the same meaning as in California Code of Regulations, title 24, part 9, section 202.

9.85.030 Prohibited activities.

A. It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia at the following locations:

1. Critical infrastructure;

2. Within 50 feet of critical infrastructure;

3. Within 50 feet of a vehicular or pedestrian entrance or exit of critical infrastructure;

ITEM 9.2. ATTACHMENT 2
Exhibit A to the Ordinance

4. On those portions of a right-of-way that are required by local, state, or federal law to be free of obstruction to first responders, including but not limited to members of law-enforcement, fire- prevention, or emergency-medical-services agencies;

5. Wildfire risk area.

B. It is unlawful and a public nuisance for any person to store personal property, including camp facilities and camp paraphernalia, in the following locations without the written consent of the owner, except as otherwise provided by resolution of the City Council:

1. Critical infrastructure;

2. Within 50 feet of critical infrastructure;

3. Within 50 feet of a vehicular or pedestrian entrance or exit of critical infrastructure;

4. On those portions of a right-of-way that are required by local, state, or federal law to be free of obstruction to first responders, including but not limited to members of law-enforcement, fire- prevention, or emergency-medical-services agencies;

5. Wildfire risk area.

C. It is not intended by this section to prohibit overnight camping on private residential property by friends or family of the property owner and with consent of the property owner.

D. Nothing in this chapter is intended to prohibit or make unlawful the activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property for residential or other purposes; and nothing is intended to prohibit or make unlawful the activities of a property owner or other lawful user if such activities are expressly authorized by the Planning and Development Code or other laws, ordinances, and regulations.

9.85.040 Summary abatement.

A. Any violation of section 9.85.030 may be abated by the City upon 24 hours of prior notice; but a violation of section 9.85.030 may be abated immediately by the City without prior notice, if the violation poses an imminent threat to public health or safety.

B. Abatement pursuant to subsection A may include, but is not limited to, removal of camp facilities, camp paraphernalia, personal property, garbage, hazardous waste, infectious waste, junk, or debris; and securing the perimeter of the property with fencing, gates, or barricades to prevent further occurrences of the nuisance activity.

C. Regardless of the city’s authority to conduct abatement pursuant to this section, every owner, occupant, or lessee of real property, and every holder of any interest in real property, is required

ITEM 9.2. ATTACHMENT 2
Exhibit A to the Ordinance
to maintain the property in compliance with local, state, and federal law; and is liable for violations thereof.

D. The cost of abatement, including all administrative costs of any action taken hereunder, may be assessed against the subject premises as a lien, made a personal obligation of the owner, or both, in accordance with procedures in Chapter 1.01 of the Rancho Cordova Municipal Code.

9.85.050 Interference with summary abatement.

No person shall willfully prevent, delay, resist, obstruct, or otherwise interfere with a city official, employee, contractor, or volunteer in their execution of an abatement pursuant to this chapter.

9.85.060 Violation—Penalty.

A. Violations of this chapter shall be punishable as a misdemeanor and are hereby declared to be a public nuisance.

B. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to Rancho Cordova Municipal Code section 1.01.190.

D. All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter. 5178555.1

MEMORANDUM
City Council Staff Report - Page 1 of 3

ITEM 9.3.

DATE: September 6, 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 SEPTEMBER 6,
2022 TO OCTOBER 5, 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

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.

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

ITEM 9.3. 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 SEPTEMBER 6, 2022 TO OCTOBER 5, 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

ITEM 9.3. 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) October 5, 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 6th day of September 2022, by the following vote:

ITEM 9.3. ATTACHMENT 1 Resolution No. XX-2022 Page 3 of 3 AYES:

NOES:

ABSENT:

ABSTAIN:

Donald Terry, Mayor
ATTEST:

Stacy Leitner, CMC
City Clerk

MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 9.4.

DATE: September 6, 2022

TO: Honorable Mayor and Council Members

FROM:

Albert Stricker, Public Works Director
Kristine Courdy, Senior Civil Engineer
Jesse Yabes, Assistant Civil Engineer

SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2022-182 WITH B&M BUILDERS INC. IN AN
AMOUNT NOT TO EXCEED $268,685 FOR THE KILGORE ROAD

AND INTERNATIONAL DRIVE STORM DRAIN REPAIR PROJECT

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would authorize the City Manager to execute Construction Contract No. 2022-182 in an amount not to exceed $268,685 with B&M Builders, Inc. for the Kilgore Road and International Drive Storm Drain Repair Project.

BACKGROUND

The Public Works department regularly evaluates the condition of the City's infrastructure. As part of that evaluation, it was determined that a 300-foot segment of 27-inch corrugated metal pipe storm drain line on Kilgore Road near International Drive needs to be replaced due to holes in the pipe and resulting road settlement. The Project includes trenching, removing the damaged pipe, replacing with new pipe, backfilling and repairing the road.

On July 22, 2022, bids for this work were solicited on the City's Website, CIPList.com, and on the Sacramento, Placer and El Dorado County Builders Exchange.

Bids were publicly opened on Thursday August 11, 2022. Five bids were received and the lowest responsible and responsive bid was $268,685 from B&M Builders, Inc. The contract award is based on the lowest bid, and there are no Project bid alternatives.

The project is expected to start and complete construction in Fall 2022.

FISCAL IMPACT AND FUNDING SOURCE

The storm drain repair on Kilgore Road and International Drive is funded from the Stormwater Enterprise Fund. There is no impact to the City's General Fund.

City Council Staff Report - Page 2 of 2

The project is included in the City's current approved FY2022-23 Capital Improvement Plan.

ATTACHMENT(S)

1. Resolution

2. B&M Bid Packet

3. Bid Summary

4. Contract No. 2022-182

ITEM 9.4. 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, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2022-182 WITH B&M BUILDERS, INC. IN AN AMOUNT NOT TO EXCEED $268,685 FOR

THE KILGORE ROAD AND INTERNATIONAL DRIVE STORM DRAIN REPAIR PROJECT

WHEREAS, the City solicited bids for the Kilgore Road and International Drive Storm Drain Repair Project under the requirements of the state and local laws and publicly opened the bids on August 11, 2022; and

WHEREAS, the lowest responsible bidder was B&M Builders, Inc.; and

WHEREAS, adoption of this resolution will award construction Contract No. 2022-182 to B&M Builders, Inc. in an amount not to exceed $268,685 for the Kilgore Road and International Drive Storm Drain Repair Project; and

WHEREAS, funding for this Project will consist of the Stormwater Enterprise Fund; and

WHEREAS, this project was reviewed under the requirements of the California Environmental Quality Act (CEQA), and it has been determined to be exempt from further review pursuant to CEQA Regulation 15301 regarding repairs, maintenance, or minor alterations to "existing facilities" so long as the project only involves negligible or no expansion of use beyond current facilities.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Construction Contract No. 2022-182 in an amount not to exceed $268,685 with B&M Builders, Inc. and in a form approved by the City Attorney.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 6th day of September 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Donald Terry, Mayor

Stacy Leitner, CMC
City Clerk

BID FORM CHECKLIST
BID FORM .................................................. ·.· ........................................................................................... .

CONTRACTORS LICENSE FORM ........................................................................................................... .

CONTRACTORS REGISTRATION FORM ............................................................................................... .

BID SCHEDULE ..................................................................................................... , .................................. .

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION ..................................................................... .

PUBLIC CONTRACT CODE ..................................................................................................................... .

PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT ......................................................................... .

PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE ................................................................... ..

PUBLIC CONTRACT CODE 10232 STATEMENT ............................................................................................. .

DESIGNATION OF SUBCONTRACTORS .............................................................................................. .

EXPERIENCE/QUALIFICATIONS STATEMENT ..................................................................................... ..

SAMPLE BIDDER'S BOND ........................................................................................................................ .

SAMPLE PAYMENT BOND ...................................................................................................................... .

SAMPLE PERFORMANCE BOND ............................................................................................................ .

NON-COLLUSION AFFIDAVIT ................................................................................................................. .

DEBARTMENT AND SUSPENSION CERTIFICATION .................................................... ......................... .

ADDENDUM (S) ......................................................................................................................................... . * All Addendums must be returned and either signed or Initialed for proof of acknowledgment. □ □ □ □ □ □ □
�
□ □ □ □ □
□
City of Rancho Cordova
Kilgore & International Drainage Repair Project
Special Provisions

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ATTACHMENT 2

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Bid Summary - CP22-2236
s. Rancho Cordova City Hall �
2729 Prospect Park Drive, Rancho Cordova, CA 95670
I I lit I August 11, 2022, 2:00 pm, Council Chambers
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A B & M Builders, Inc. $268,685.00 X X X X X X X X X X X B Central Valley Engineering & $319,469.00 X X X X X X X X X X X Asphalt, Inc.

C Soracco, Inc. $320,870.00 X X X X X X" X X X X X
D Western Engineering Contractors, $355,500.00 X X X X X X X X X X X Inc.

E Lafleur Excavating, Inc. $403,290.00 X X X X X X X X X X X F
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Attendees:Stacy Leitner, City Clerk
Jesse Yabes, Assistant Civil Engineer
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ITEM 9.4.

ATTACHMENT 3

CONTRACT NO. 2022-182
5039694.3
Construction Services Agreement between September 6, 2022 City of Rancho Cordova and B&M Builders, Inc. Page 1 of 6

CONSTRUCTION SERVICES AGREEMENT BETWEEN
T
HE CITY OF RANCHO CORDOVA AND B&M BUILDERS INC.

FOR THE KILGORE ROAD AND INTERNATIONAL DRIVE STORM DRAIN REPAIR THIS AGREEMENT made and entered into between the City of Rancho Cordova (“City”) and B&M Builders, Inc. (“Contractor”) as of September 6, 2022.

W I T N E S S E T H:

WHEREAS, the City Council for the City heretofore caused plans and specifications for the Kilgore Road and International Drive Storm Drain (“Project”) to be prepared, and therefore did approve and adopt said plans and specifications; and WHEREAS, the City Council for the City did cause to be published for the time and in the manner required by law, a notice inviting sealed bids for the performance of said work; and WHEREAS, the notice was published on July 22, 2022, on the City’s website, CIPList.com, and on the Sacramento, Placer and El Dorado County Builder’s Exchange (“Notice”); and
WHEREAS, the Contractor, in response to such Notice, submitted to the City Council for the City within the time specified in said Notice, and in the manner provided for therein, a sealed bid for the performance of the Project specified in said plans and specifications, which said bid and proposal, and other bids and proposals submitted in response to said Notice, the City Council opened and canvassed in the manner provided by law; and WHEREAS, the Contractor was the lowest responsible bidder for the performance of said Project, and said City Council for the City as a result of the canvass of said bids, did determine and declare Contractor to be the lowest responsible bidder for said Project and award to a contract therefore.

NOW THEREFORE, in consideration of the promises herein, it is mutually agreed between the parties hereto as follows:

Section 1. CONTRACT DOCUMENTS. The following documents are by this reference incorporated in and made a part of this Agreement: The County of Sacramento, Standard Construction Specifications dated January 2016; the Special Provisions; the contract drawings, all addenda; the Notice to Contractors; the Proposal; all required bonds; and all supplemental Agreements covering alterations, amendments, or extensions to the contract. The documents which describe the work to be performed are sometimes collectively referred to herein as the Plans and Specifications.

Section 2. TERM. The term of this Agreement shall begin on the date first noted above and shall end on December 31, 2023.

Section 3. SCOPE OF WORK. The Contractor will furnish all labor, materials, services, transportation, appliances, and mechanical workmanship required for Contract No. 2022-182 as provided for and set forth in said Plans and Specifications, or in either of them, which said Plans ITEM 9.4.

ATTACHMENT 4

CONTRACT NO. 2022-182
Construction Services Agreement between September 6, 2022 City of Rancho Cordova and B&M Builders, Inc. Page 2 of 6 and Specifications are hereby referred and by such reference incorporated herein and made a pa
rt of this Agreement. All of the said work done under this Agreement shall be under the supervision of and performed to the satisfaction of the Public Works Director of the City of Rancho Cordova who shall have the right to reject any and all materials and supplies furnished by the Contractor which do not comply with the Plans and Specifications, together with the right to require the Contractor to replace any and all work furnished by the Contractor which shall not either in workmanship or material be in strict accordance with the Plans and Specifications.

Section 4. COMPLETION . Said work shall be completed and ready for acceptance.

Sec
tion 5. PAYMENT . Attached hereto as Exhibit “A” and by reference made a part hereof, is the bid and proposal of Contractor. Said bid and proposal will contain, as required by the terms of said specifications, the full and complete schedule of the different items with the lump sums or unit prices as so specified. The City agrees in consideration of the work to be performed for the Project herein and subject to the terms and conditions thereof, to pay Contractor all sums of money which may become due to Contractor in accordance with the terms of the aforesaid bid and proposal, and this Agreement, to wit: two hundred sixty-eight thousand six hundred eighty-five dollars ($268,685.00). Said sum shall be paid in accordance with Section 8 of the Standard Specifications. With respect to that portion of the above sum as is based upon the estimated quantities specified for the general scope of the work to be performed herein, actual payment will be based upon the quantities as measured upon completion. No payment made under this Agreement shall be construed to be an acceptance of defective work or improper materials.

Section 6. PREVAILING WAGES. To
the extent required by law, Contractor and all of the
Contractor’s subcontractors shall comply with California Health and Safety Code Section 33422.1 and shall comply with California Labor Code Section 1770 et seq. and all regulations adopted pursuant thereto (referred to herein as, “Prevailing Wage Laws”), and be responsible for carrying out the requirements of such provisions. Pursuant to the provisions of Articles 1 and 2 of Chapter 1, Part 7, Division II, of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages, and not less than the general prevailing rate of per diem wages for holidays and overtime work, for each craft, classification or type of worker needed to execute the Project contemplated under this Agreement shall be paid to all workers, laborers and mechanics employed in the execution of said Project by Contractor, or by any subcontractor doing or contracting to do any part of said Project. The appropriate determination of the Director of the California Department of Industrial Relations is filed with, and available for inspection at 2729 Prospect Park Drive, Rancho Cordova, CA 95670, the office of the Clerk of the City. Contractor shall post, at each job site, a copy of such prevailing rate of per diem wages as determined by the Director for the California Department of Industrial Relations. The Contractor shall, and hereby agrees to, unconditionally indemnify, reimburse, defend, protect and hold harmless the City and its elective and appointive boards, commissions, officers, agents, attorneys, consultants and employees, and all of their respective successors and assigns, from and against any and all claims, demands, suits and actions at law or in equity, and losses, liabilities, expenses, penalties, fines, orders, judgments, injunctive or other relief, and costs and damages of every kind, nature and description (including but not limited to attorneys’ fees and court costs; with counsel reasonably acceptable to the City), and administrative, enforcement or judicial proceedings, whether known or unknown, and which directly or indirectly, in whole or in part, are caused by, arise from, or relate to, or are alleged to be caused by, arise from, or relate to, the payment or requirement of payment of prevailing wages or the requirement of competitive bidding in the construction of the Project, the failure to comply with any state or federal labor laws, regulations or standards in connection with this 5039694.3
ITEM 9.4.

ATTACHMENT 4

CONTRACT NO. 2022-182
5039694.3
Construction Services Agreement between September 6, 2022 City of Rancho Cordova and B&M Builders, Inc. Page 3 of 6 Agreement, including but not limited to California Labor Code Section 1770 et seq. and the P
revailing Wage Laws, or any act or omission of the City or the Contractor related to this Agreement with respect to the payment or requirement of payment of prevailing wages or the requirement of competitive bidding, whether or not any insurance policies shall have been determined to be applicable to any such claims, demands, suits, actions, losses, liabilities, expenses, penalties, fines, orders, judgments, injunctive or other relief, costs, damages, or administrative, enforcement or judicial proceedings. It is further agreed that the City does not, and shall not, waive any rights against the Contractor which they may have by reason of this indemnity and hold harmless agreement because of the acceptance by the City, or the deposit with the City by the Contractor, of any of the insurance policies described in this Agreement.

Section 7. INSURANCE . The Contractor shall carry and maintain for the duration of the term of this Agreement, such public liability, property damage and contractual liability, auto, worker’s compensation and builders’ risk insurance as required by the specifications.

Section 8. WORKERS’ COMPENSATION CERTIFICATION. By execution of this Agreement, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Section 9. PERFORMANCE AND PAYMENT BONDS . The Contractor shall, before beginning said work for the Project, file two (2) bonds with the City, each made payable to the City. These bonds shall be issued by a surety company authorized to do business in the State of California and shall be maintained during the entire life of the Agreement at the expense of the Contractor. One bond shall be in the amount of one hundred percent (100%) of the Agreement and shall guarantee the faithful performance of the Agreement. The second bond shall be the payment bond required by California Civil Code Section 3247 et seq. and shall be in the amount of one hundred percent (100%) of the Agreement. Any alterations made in the specifications which are a part of this Agreement or in any provision of this Agreement shall not operate to release any surety from liability on any bond required hereunder and the consent to make such alterations is hereby given, and any surety on said bonds hereby waives the provisions of California Civil Code Sections 2819 and 2845.

Section 10. INDEMNIFICATION.
10 .1 Contractor’s Performance. Contractor shall indemnify, defend with counsel selected by the City, and hold harmless City, its officers, agents, employees and representatives from and against any and all claims, losses, liabilities or damages, demands and actions, including payment of reasonable attorney’s fees, arising out of or resulting from Services performed pursuant to this Agreement caused in whole or in part by any negligent or willful act or omission of Contractor, its officers, agents, employees, or anyone directly or indirectly acting on behalf of Contractor. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty ITEM 9.4.

ATTACHMENT 4

CONTRACT NO. 2022-182
5039694.3
Construction Services Agreement between September 6, 2022 City of Rancho Cordova and B&M Builders, Inc. Page 4 of 6

10.2 10
.3
of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

PERS Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing Services under this Agreement is determined by a court of competent jurisdiction of the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any and all employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and any attorneys’ fees and costs incurred by the City to enforce this Section.

No Limitation of Liability for Indemnification. The indemnities set forth in this Section shall not be limited by the insurance requirements set forth in the Contract.

Section 11. Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement.

Contractor shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Contractor thereby. Contractor shall include the provisions of this section in any subcontract approved by the City.

Section 12. AMENDMENTS. No modification or amendment of this Agreement is effective unless made in writing and signed by both the City and Contractor.

Section 13. ASSIGNMENT AND SUBCONTRACTING. Contractor shall not assign or transfer any interest in this Agreement without the prior written consent of the City.

Section 14. MISCELLANEOUS PROVISIONS .
14 .1 Successors. This Agreement shall bind and inure to the heirs, devisees, assignees, and successors in interest of Contractor and to the successors in interest of Contractor in the same manner as if such parties had been expressly named herein. All times stated herein or in the contract documents are of the essence hereof. As used in this instrument the singular includes the plural, and the masculine includes the feminine and the neuter. This Agreement may create a possessory interest subject to property taxation, and Contractor may be subject to the payment of property taxes levied on such interest.

ITEM 9.4.

ATTACHMENT 4

CONTRACT NO. 2022-182
5039694.3
Construction Services Agreement between September 6, 2022 City of Rancho Cordova and B&M Builders, Inc. Page 5 of 6 14 .2 Contract Administration. This Agreement shall be administered by Kristine Courdy ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

14.3 Notices. Any written notice to Consultant shall be sent to:

Patrick Mullen
B&M Builders, Inc.
11330 Sunrise Park Drive, Suite C
Rancho Cordova, CA 95742
Email Address: [email protected]
An
y written notice to City shall be sent to:

Kristine Courdy
City of Rancho Cordova
Department of Public Works
2729 Prospect Park Drive
Rancho Cordova, CA 95670

14.4 IRS Form W-9. Contractor shall complete and submit Internal Revenue Service Form W-9 to the City before execution of this Agreement. The City’s Finance Director shall have authority to waive this requirement.

14.5 Governing Law and Venue. The laws of the State of California shall govern this Agreement. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Sacramento or in the United States District Court for the Eastern District of California.

14.6 Attorneys’ Fees. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

14.7 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

14.8 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

14.9 Survival. The obligations of this Agreement, which by their nature would continue beyond the term or expiration of this Agreement, including without limitation obligations regarding indemnification shall survive the term or expiration of this Agreement.

14.10 Entire Agreement. This Agreement, including the terms of payment attached hereto and incorporated herein as Exhibit A, and the Contract Documents as ITEM 9.4.

ATTACHMENT 4

CONTRACT NO. 2022-182
5039694.3
Construction Services Agreement between September 6, 2022 City of Rancho Cordova and B&M Builders, Inc. Page 6 of 6 referenced above in Section 1, of this Agreement, represents the entire and integrated Agreement between City and Contractor and supersedes all prior negotiations, representations, and Agreements regarding the subject matter of this Agreement, either written or oral.

IN
WITNESS WHEREOF, the City Council and Contractor have caused this Agreement to be executed as of the day and year first above written.

CITY OF RANCHO CORDOVA: CONTRACTOR:

Cyrus Abhar, City Manager Patrick Mullen, President
______
Date Date
Attest:

Stacy Leitner, CMC, City Clerk
Date
Approved as to Form:

Adam U. Lindgren, City Attorney
Date
Last revised June 23, 2022
ITEM 9.4.

ATTACHMENT 4

CONTRACT NO. 2022-182

5039694.3
Construction Services Agreement between September 6, 2022 City of Rancho Cordova and B&M Builders, Inc. – Exhibit A Page 1 of 1

EXHIBIT A

CONTRACTOR BID

Refer to Attached Contractor Bid

ITEM 9.4.

ATTACHMENT 4

ITEM 9.4.

ATTACHMENT 4

MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 9.5.

DATE: September 6, 2022

TO: Honorable Mayor and Council Members

FROM:

Micah Runner, Deputy City Manager
Albert Stricker, Public Works Director
Kristine Courdy, Senior Civil Engineer

SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2022-165 WITH DEWBERRY ENGINEERS, INC. IN
AN AMOUNT NOT TO EXCEED $199,933.65 TO PREPARE THE

CITYWIDE GATEWAY ENHANCEMENT PLAN

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would authorize the City Manager to execute Contract No. 2022-165 with Dewberry Engineers, Inc. in an amount not to exceed $199,933.65 to prepare the Citywide Gateway Enhancement Plan.

BACKGROUND

The City of Rancho Cordova desires to have cohesive gateway entryways and corridors in the City that portray a sense of storytelling and placemaking. Rancho Cordova General Plan Action ID.2.3.2 recommends establishing a gateway program to create a sense of entry at key locations throughout the City and promote wayfinding throughout the community. Therefore, it is proposed to develop the Gateway Enhancement Plan to establish a guide and concept plan for enhancing the City's main entry points. The Gateway Enhancement Plan will focus on aesthetic improvements including signage, streetscapes and complete street elements. The scope of work includes community outreach to solicit feedback on the opportunities for enhancement, design concepts and the overall plan.

The City established an on-call short list of consultants for various engineering and environmental services in 2019 based on a competitive process. Six firms were short-listed based on their qualifications. Dewberry Engineer’s Inc. has been selected as the most qualified firm to prepare the Gateway Enhancement Plan based on their project understanding, project approach, proposed project team, and experience delivering similar gateway enhancements in the City.

City Council Staff Report - Page 2 of 2

The proposed schedule is to initiate the plan in Fall 2022 with completion expected in Winter 2023.

FISCAL IMPACT AND FUNDING SOURCE

Funding to prepare the Citywide Gateway Enhancement Plan is approved from the FY 2022-23 Community Enhancement and Infrastructure Fund (CEIF).

ATTACHMENT(S)

1. Resolution

2. Contract No. 2022-165

ITEM 9.5. 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, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2022-165 IN AN AMOUNT NOT TO EXCEED $199,933.65 WITH DEWBERRY ENGINEERS, INC. TO PREPARE THE CITYWIDE GATEWAY ENHANCEMENT PLAN

WHEREAS, the City of Rancho Cordova desires to enter into Contract No. 2022-165 with Dewberry Engineers, Inc. in an amount not to exceed $199,633.65 to prepare the Citywide Gateway Enhancement Plan that promotes a positive image and livability in the City; and

WHEREAS, the plan will be a guide for the enhancement of the City's main entry points, or gateways that focuses on aesthetic improvements including signage, streetscapes and complete street elements; and

WHEREAS, funding for this Project will consist of the FY2022-23 Community Enhancement and Infrastructure Fund; and

WHEREAS, the services will exceed the maximum amount the City Manager has the authorization to approve.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract No. 2022-165 with Dewberry Engineers, Inc.in the amount of $199,633.65 in a form approved by the City Attorney to prepare the Citywide Gateway Enhancement Plan.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 6th day of September 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Donald Terry, Mayor

Stacy Leitner, CMC
City Clerk

CONTRACT NO.: 2022-165
L
ast Revised January 2022
Professional Services Agreement between September 6, 2022 City of Rancho Cordova and Dewberry Engineers Inc. dba Dewberry | Drake Haglan Page 1 of 15 P

ROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF RANCHO CORDOVA AND
DEWBERRY ENGINEERS INC. DBA DEWBERRY | DRAKE HAGLAN FOR THE

GATEWAY ENHANCEMENT PLAN PROJECT
THIS AGREEMENT for professional services is made by and between the City of Rancho Cordova, a California municipal corporation (“City”), and Dewberry Engineers Inc. dba Dewberry | Drake Haglan (“Professional”) as of September 6, 2022.

Section 1. SERVICES . Subject to the terms and conditions set forth in this Agreement, Professional shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1 .1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2024, the date of completion specified in Exhibit A. Professional shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Professional to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.

1.2 Standard of Performance. Professional shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Professional is engaged in the geographical area in which Professional practices its profession. Professional shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Professional's profession.

1.3 Assignment of Personnel. Professional shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Professional shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Professional shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.2 above and to satisfy Professional’s obligations hereunder.

Section 2. COMPENSATION. City hereby agrees to pay Professional a sum not to exceed one hundred ninety-nine thousand nine hundred thirty-three dollars and sixty-five cents ($199,933.65), notwithstanding any contrary indications that may be contained in Professional’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Professional’s proposal, attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Professional for services rendered pursuant to this Agreement ITEM 9.5.

ATTACHMENT 2

CONTRACT NO.: 2022-165

Last Revised January 2022

Professional Services Agreement between September 6, 2022 City of Rancho Cordova and Dewberry Engineers Inc. dba Dewberry | Drake Haglan Page 2 of 15

at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Professional for services rendered pursuant to this Agreement. Professional shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Professional shall not bill City for duplicate services performed by more than one person.

Professional and City acknowledge and agree that compensation paid by City to Professional under this Agreement is based upon Professional’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Professional. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Professional and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Professional shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:

 Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
 The beginning and ending dates of the billing period;  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
 At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
 The total number of hours of work performed under the Agreement by Professional and each employee, agent, and subcontractor of Professional performing services hereunder, as well as a separate notice when the total number of hours of work by Professional and any individual employee, agent, or subcontractor of Professional reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A;
 The Professional’s signature.

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Professional.

2.3 Final Payment. City shall make the final payment within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.

ITEM 9.5.

ATTACHMENT 2

CONTRACT NO.: 2022-165

Last Revised January 2022

Professional Services Agreement between September 6, 2022 City of Rancho Cordova and Dewberry Engineers Inc. dba Dewberry | Drake Haglan Page 3 of 15

2.4 Total Payment. City shall pay for the services to be rendered by Professional pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Professional in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Professional submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2.5 Hourly Fees. Fees for work performed by Professional on an hourly basis shall not exceed the amounts shown on the fee schedule set forth in Exhibit B.

2.6 Reimbursable Expenses. Reimbursable expenses, if any, are set forth in Exhibit B, and shall not exceed specified amount. Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

2.7 Payment of Taxes. Professional is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.8 Payment upon Termination. In the event that the City or Professional terminates this Agreement pursuant to Section 8, the City shall compensate the Professional for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Professional shall maintain adequate logs and timesheets in order to verify costs incurred to that date.

2.9 Authorization to Perform Services. The Professional is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Professional shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Professional only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.

City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Professional’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

ITEM 9.5.

ATTACHMENT 2

CONTRACT NO.: 2022-165

Last Revised January 2022

Professional Services Agreement between September 6, 2022 City of Rancho Cordova and Dewberry Engineers Inc. dba Dewberry | Drake Haglan Page 4 of 15

Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Professional, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Professional and its agents, representatives, employees, and subcontractors.

Professional shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Professional shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Professional's bid. Professional shall not allow any subcontractor to commence work on any subcontract until Professional has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Professional shall maintain all required insurance listed herein for the duration of this Agreement.

4.1 Workers’ Compensation. Professional shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Professional. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Professional may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Professional, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.

An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.

The requirement to maintain Statutory Worker’s Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Professional does not have any employees.

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General requirements. Professional, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00). The commercial general liability and automobile ITEM 9.5.

ATTACHMENT 2

CONTRACT NO.: 2022-165

Last Revised January 2022

Professional Services Agreement between September 6, 2022 City of Rancho Cordova and Dewberry Engineers Inc. dba Dewberry | Drake Haglan Page 5 of 15

liability insurance shall be per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a commercial general liability insurance or an automobile liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles.

4.2.2 Minimum scope of coverage. Commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:

a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Professional, including the insured’s general supervision of Professional; products and completed operations of Professional; premises owned, occupied, or used by Professional; and automobiles owned, leased, or used by the Professional. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers.

b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.

c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage.

d. Any failure of Professional to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

ITEM 9.5.

ATTACHMENT 2

CONTRACT NO.: 2022-165

Last Revised January 2022

Professional Services Agreement between September 6, 2022 City of Rancho Cordova and Dewberry Engineers Inc. dba Dewberry | Drake Haglan Page 6 of 15

e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.

4.3 Professional Liability Insurance. Professional, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000) covering the licensed professionals’ errors and omissions.

4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim.

4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

4.3.3 The following provisions shall apply if the professional liability coverages are written on a claims-made form:

a. The retroactive date of the policy must be shown and must be before the date of the Agreement.

b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates.

c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Professional must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The City shall have the right to exercise, at the Professional’s sole cost and expense, any extended reporting provisions of the policy, if the Professional cancels or does not renew the coverage.

d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.

4.4 All Policies Requirements.

4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.

ITEM 9.5.

ATTACHMENT 2

CONTRACT NO.: 2022-165

Last Revised January 2022

Professional Services Agreement between September 6, 2022 City of Rancho Cordova and Dewberry Engineers Inc. dba Dewberry | Drake Haglan Page 7 of 15

4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Professional shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

4.4.3 Subcontractors. Professional shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

4.4.4 Deductibles and Self-Insured Retentions. Professional shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.

During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Professional may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Professional procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.

4.4.5 Waiver of Subrogation. Professional hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Professional, its employees, agents, and subcontractors.

4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Professional shall provide written notice to City at Professional’s earliest possible opportunity and in no case later than five (5) days after Professional is notified of the change in coverage.

4.5 Remedies. In addition to any other remedies City may have if Professional fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Professional’s breach:

ITEM 9.5.

ATTACHMENT 2

CONTRACT NO.: 2022-165

Last Revised January 2022

Professional Services Agreement between September 6, 2022 City of Rancho Cordova and Dewberry Engineers Inc. dba Dewberry | Drake Haglan Page 8 of 15

 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;

 Order Professional to stop work under this Agreement or withhold any payment that becomes due to Professional hereunder, or both stop work and withhold any payment, until Professional demonstrates compliance with the requirements hereof; and/or

 Terminate this Agreement.

Section 5. INDEMNIFICATION AND PROFESSIONAL’S RESPONSIBILITIES.

5.1 General Requirement. Professional shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Professional or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Professional shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Professional or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Professional to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Professional from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Professional acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

5.2 PERS Indemnification. In the event that Professional or any employee, agent, or subcontractor of Professional providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of City, Professional shall indemnify, defend, and hold harmless City for the payment of any and all employee and/or employer contributions for PERS benefits on behalf of Professional or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and any attorneys’ fees and costs incurred by the City to enforce this Section.

ITEM 9.5.

ATTACHMENT 2

CONTRACT NO.: 2022-165

Last Revised January 2022

Professional Services Agreement between September 6, 2022 City of Rancho Cordova and Dewberry Engineers Inc. dba Dewberry | Drake Haglan Page 9 of 15

5.3 Design Professionals. To the extent that the services under this Agreement include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Professional’s duty to indemnify under Sections 5.1 and 5.2 shall only be to the maximum extent permitted by California Civil Code Section 2782.8.

Section 6. STATUS OF PROFESSIONAL.

6.1 Independent Contractor. At all times during the term of this Agreement, Professional shall be an independent contractor as defined in Labor Code Section 3353, and shall not be an employee of City. Nothing contained in this Agreement shall be construed to be inconsistent with the foregoing relationship or status. City shall have the right to control Professional only insofar as the results of Professional's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means and methods by which Professional accomplishes services rendered pursuant to this Agreement. Professional shall have no power or authority by this Agreement to bind the City in any respect. All employees and agents hired or retained by Professional are employees and agents of Professional and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Professional by any such employees or agents, or any other person resulting from performance of this Agreement.

Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Professional and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Professional shall not allow any employee, agent or subcontractor to become eligible for a claim for PERS benefits.

6.2 Professional Not an Agent. Except as City may specify in writing, Professional shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Professional shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Professional and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Professional’s ITEM 9.5.

ATTACHMENT 2

CONTRACT NO.: 2022-165

Last Revised January 2022

Professional Services Agreement between September 6, 2022 City of Rancho Cordova and Dewberry Engineers Inc. dba Dewberry | Drake Haglan Page 10 of 15

failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Professional and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Professional represents and warrants to City that Professional and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Professional represents and warrants to City that Professional and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Professional and any subcontractors shall obtain and maintain valid Business Licenses from City during the term of this Agreement.

7.5 Nondiscrimination and Equal Opportunity. Professional shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Professional under this Agreement. Professional shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Professional thereby.

Professional shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Professional.

Professional may cancel this Agreement upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation.

In the event of termination, Professional shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Professional delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to ITEM 9.5.

ATTACHMENT 2

CONTRACT NO.: 2022-165

Last Revised January 2022

Professional Services Agreement between September 6, 2022 City of Rancho Cordova and Dewberry Engineers Inc. dba Dewberry | Drake Haglan Page 11 of 15

Professional or prepared by or for Professional or the City in connection with this Agreement.

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Professional understands and agrees that, if City grants such an extension, City shall have no obligation to provide Professional with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Professional for any otherwise reimbursable expenses incurred during the extension period.

8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.4 Assignment and Subcontracting. City and Professional recognize and agree that this Agreement contemplates personal performance by Professional and is based upon a determination of Professional’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Professional.

Professional may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Professional shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Professional shall survive the termination of this Agreement.

8.6 Options upon Breach by Professional. If Professional materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Professional pursuant to this Agreement;

8.6.3 Retain a different Professional to complete the work described in Exhibit A not finished by Professional; or

8.6.4 Charge Professional the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Professional pursuant to Section 2 if Professional had completed the work.

ITEM 9.5.

ATTACHMENT 2

CONTRACT NO.: 2022-165

Last Revised January 2022

Professional Services Agreement between September 6, 2022 City of Rancho Cordova and Dewberry Engineers Inc. dba Dewberry | Drake Haglan Page 12 of 15

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Professional’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Professional prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Professional hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Professional agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

9.2 Professional’s Books and Records. Professional shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Professional pursuant to this Agreement.

9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Professional to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.

Section 10 MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Sacramento or in the United States District Court for the Eastern District of California.

ITEM 9.5.

ATTACHMENT 2

CONTRACT NO.: 2022-165

Last Revised January 2022

Professional Services Agreement between September 6, 2022 City of Rancho Cordova and Dewberry Engineers Inc. dba Dewberry | Drake Haglan Page 13 of 15

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10.6 Use of Recycled Products. Professional shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

10.7 Conflict of Interest. Professional may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Professional in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Professional shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

Professional hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Professional was an employee, agent, appointee, or official of the City in the previous twelve months, Professional warrants that it did not participate in any manner in the forming of this Agreement. Professional understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Professional will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Professional will be required to reimburse the City for any sums paid to the Professional. Professional understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

10.8 Solicitation. Professional agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

ITEM 9.5.

ATTACHMENT 2

CONTRACT NO.: 2022-165

Last Revised January 2022

Professional Services Agreement between September 6, 2022 City of Rancho Cordova and Dewberry Engineers Inc. dba Dewberry | Drake Haglan Page 14 of 15

10.9 Contract Administration. This Agreement shall be administered by Kristine Courdy ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

10.10 Notices. Any written notice to Professional shall be sent to:

Matt Satow, P.E., Vice President
Dewberry Engineers Inc. dba Dewberry | Drake Haglan
11060 White Rock Road, Suite 200
Rancho Cordova, CA 95670
(916) 231-0971
[email protected]

Any written notice to City shall be sent to:

Kristine Courdy
Public Works Department
City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 95670
(916) 851-8842
[email protected]

10.11 Professional Seal. Where applicable in the determination of the Contract Administrator or when required by law, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.

_
________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, and the compensation schedule attached hereto and incorporated herein as Exhibit B, represents the entire and integrated agreement between City and Professional and supersedes all prior negotiations, representations, or agreements, either written or oral.

10.13 IRS Form W-9. Professional shall complete and submit Internal Revenue Service Form W-9 to the City before execution of this Agreement. The City’s Finance Director shall have authority to waive this requirement.

ITEM 9.5.

ATTACHMENT 2

CONTRACT NO.: 2022-165

Last Revised January 2022

Professional Services Agreement between September 6, 2022 City of Rancho Cordova and Dewberry Engineers Inc. dba Dewberry | Drake Haglan Page 15 of 15

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first set forth above, which date shall be considered by the Parties to be the effective date of this Agreement.

CITY OF RANCHO CORDOVA PROFESSIONAL

______________________________ ______________________________ Cyrus Abhar, City Manager Matt Satow, Vice President

Date: ____________________ Date: ____________________

Attest:

______________________________
Stacy Leitner, CMC, City Clerk

Date: ____________________

Approved as to Form:

______________________________
Adam U. Lindgren, City Attorney

ITEM 9.5.

ATTACHMENT 2

CONTRACT NO.: 2022-165

Professional Services Agreement between September 6, 2022 City of Rancho Cordova and Dewberry Engineers Inc. dba Dewberry | Drake Haglan --Exhibit A Page 1 of 1

EXHIBIT A

SCOPE OF SERVICES

Refer to Attached Proposal

ITEM 9.5.

ATTACHMENT 2

RANCHO CORDOVA GATEWAY ENHANCEMENT PLAN PROPOSAL

S C O P E O F W O R K 2

RANCHO CORDOVA GATEWAY

ENHANCEMENT PLAN PROPOSAL

PROJECT OVERVIEW AND PURPOSE

Develop a concept plan and guide for the enhancement of the City’s main entry points, or gateways.

Focus on aesthetic improvements including streetscape design and beautification. The project will implement the following elements of the General Plan.

Excerpt from Rancho Cordova General Plan, Urban Design Element Gateways can be both the entrances into the City and into the individual districts and design techniques for public spaces that help a user identify where they are in the community and how to get around. They include a change in development character and style, as well as help promote a sense of place and community identity. Gateways should be developed at key entrances into the City and into districts as a way of establishing City and district identity. In any case, City identity takes precedence over district identity, such that entrances into the City are more pronounced than district entrances. Gateways should reinforce the unique character of the City and greet visitors to the City and welcome residents home. Wayfinding techniques such as landscaping, street design, and special signage also help users establish where they are and where they are going

Excerpt from Rancho Cordova General Plan, Action UD.2.3.2 Establish a gateway program to create a sense of entry at key locations throughout the City and promote wayfinding throughout the community. Use creative designs that respond to the character and history of the City to establish a sense of place, including gateway signage, streetscape design, site landscaping, and other features. Users should feel a sense of arrival and be welcomed to the City.

KEY GOALS IDENTIFIED
• Distinguish the city and its unique characteristics for visitors and residents • Promote a sense of place and community identity
• Identify opportunities for the City to enhance aesthetics • Define entry points and develop a vision, or theme, for each gateway • Establish process and decision matrix to prioritize corridors • Tie key elements of plan to future funding opportunities with a schedule of when the City would need to have those segments/elements ready to compete for the funding

POTENTIAL GATEWAY AND FOC US CORRIDORS
• Bradshaw Road – Old Placerville Road to Folsom Boulevard, US 50 • Routier Road – Old Placerville Road to Folsom Boulevard • Mather Field Road – International Drive to Folsom Boulevard, US 50 (Note: Coordinate w/ Mather Field Road Enhancements Project)
• Zinfandel Road – Douglas Boulevard to Folsom Boulevard, US 50 (Note: Coordinate w/ Zinfandel Pedestrian Overcrossing Project)
• Sunrise Boulevard – Folsom Boulevard to Coloma Road, US 50 • Sunrise Boulevard at Jackson Highway (Note: Coordinate w/ Sunrise Widening – Kiefer Boulevard to Jackson Highway Project
• Folsom Boulevard – At Bradshaw Road and Hazel Avenue
• Rancho Parkway Interchange – US 50 (Note: Coordinate with Rancho Cordova Parkway Project) • Old Placerville Road – Bradshaw Road to Routier Road
• Coloma Road (Note: Coordinate with Road Project).

ITEM 9.5.

ATTACHMENT 2

RANCHO CORDOVA GATEWAY ENHANCEMENT PLAN PROPOSAL

S C O P E O F W O R K 3

SCOPE OF WORK
The following scope of work outlines tasks to be performed by the consultant team in support of the City.

Task 1: Project Management

Task 1.1 Project Kick -off Meeting
Dewberry will facilitate a project kick-off meeting with assistance by the City in setting up the appropriate team. The kick-off meeting will review major project objectives, milestones, and task delivery schedule as well as collect relevant background information from the City and determine need for revisions to scope and project survey. During the kick-off meeting we will also discuss and vet the public outreach plan and key stakeholders to be involved.

Task 1.2 Management Team Meetings and Coordination
Dewberry will communicate with the City project manager using telephone, email, and written correspondence throughout the term of the project, as needed. Monthly team meetings are essential to keeping a project on track, and scheduling a standing meeting is a key component of the Kick-Off. For each project team meeting, Dewberry will prepare the agenda, chair the meeting, develop an action item list, update the Schedule, and provide any project materials that need to be discussed during the meeting. Meeting minutes will be provided after each meeting.

More frequent or focus meetings with Dewberry Project Manager and City staff may be necessary at different milestones of the project to resolve issues.

Task 1 Deliverables: Meeting Agendas, Meeting Minutes and Action Item List, Correspondence

Task 2 – Existing Conditions
The purpose of this task is to gather and document pertinent background information to inform the local context, history, and planning framework. The team will consult with City staff to identify and review critical guiding documents and applicable standards including but not limited to the General Plan, Zoning Code, Specific Plans, Special Planning Area plans, and Design Guidelines. These plans will help to communicate the character, identity, and vision of Rancho Cordova and its districts. This step is also important to ensure consistency and coordination with existing and past plans, and associated community input.

As part of this task, the consultant team will:
• Review and summarize City policies related to the city design guidelines, transportation, and parking.
• Conduct a site visit to review existing site conditions and photograph relevant areas of feasibility, opportunity, and constraint.
• Develop a set of existing conditions diagrams for the Gateway opportunity area including:
o existing site conditions and connections,
o visual corridors,
o existing vegetation, and site elements,
o existing vehicular access and pedestrian/bike access, and o seasonal activities.
• Develop precedent from similar projects in the region including successful similar spaces elsewhere.
• Develop historic research on the region and specific gateway corridors including historic photographs and areas of significance.
• Develop programmatic analysis diagrams that include the functional relationships of the gateway corridors.
• Develop base maps that incorporate technical features with other contextual information.

A summary of existing conditions will be provided which will include the local planning context and baseline gateway corridor characteristics. This information will be used to identify key issues and opportunities in Task 3.

Task 2 Deliverables: Summary of Existing Conditions, Digital Base Map of Existing Conditions ITEM 9.5.

ATTACHMENT 2

RANCHO CORDOVA GATEWAY ENHANCEMENT PLAN PROPOSAL

S C O P E O F W O R K 4

Task 3 - Community Outreach
Community outreach will consist of a combination of online and in-person engagement. The approach will include communitywide efforts as well as targeted stakeholder outreach. It is envisioned three rounds of outreach will be conducted at key milestones of the process.

Activities will include:
• Community workshop
• Pop-ups
• Online communitywide surveys and mapping tool
• Website
• City staff design charrette

For all outreach events and activities, we will prepare flyers, presentation materials and display graphics, sign-in sheets, comment cards, and handouts. In addition, we will prepare a summary of input after each event.

Task 3.1 Project Website
At the beginning of the project, Dewberry will develop a project website, or content to be housed on a webpage on the City’s website. The website will provide an overview of the project and process, draft documents and graphics, links to surveys and other opportunities for input. We will update the project website as our work progresses. Dewberry will work with the City to establish a social media platform. If a separate website is desired, Dewberry proposes to use the ArcGIS Story Map platform. This GIS product allows us to embed our GIS layers into a project website allowing visitors to dive deeper into project mapping. All information to be posted on the website will be reviewed and approved by City staff.

Task 3.2 Round 1 Engagement – Initial Input on Gateway Issues, Opportunities, and Themes
This round of outreach will be conducted after Task 2. The purpose of the first round of outreach is to present initial findings, confirm project goals, opportunities and constraints, and precedent/historic imagery.

Three activities are proposed for this first round of community and stakeholder engagement.

1. Public Workshop (1) – One in-person workshop will be held at a central location, advertised and promoted communitywide. This workshop will include one or more interactive activities designed to capture a variety of ideas and goals that can be shared and evaluated as a group. Material and activities to present and gain feedback on include:
a. Summary of project goals and objectives
b. Historic research and narratives
c. Precedent image board and case studies
d. Opportunities / Constraints diagrams
e. Print-out of project precedent image boards

2. Online Survey with Mapping Tool – To supplement the in-person workshop, an online survey using the MetroQuest tool will be developed and deployed. The survey will include an interactive mapping tool. This survey will solicit the same feedback as the in-person public workshop.

ITEM 9.5.

ATTACHMENT 2

RANCHO CORDOVA GATEWAY ENHANCEMENT PLAN PROPOSAL

S C O P E O F W O R K 5

Task 3.3 Round 2 Engagement – Feedback on Design Concept Alternatives and Improvement Locations
This round of outreach will be conducted after Task 4. The purpose of the second round of outreach is to facilitate feedback and preferences on alternative design concepts and improvement locations. To reach as broad an audience as possible Dewberry proposes the following approach.

• City Staff Workshop/Design Charrette – A focused workshop, or design charrette, will be held with City staff from different departments. This workshop will provide an opportunity to work collaboratively with different City staff on generating ideas, visioning, and developing concepts. Interested agency staff could be from departments such as Public Works, Community Development, Economic Development, City Manager’s Office, and Housing. The consultant team will work with the City project manager to identify and invite the appropriate representatives.
• Pop-Ups at Community Events (3) – Consultant staff will attend up to three community events and host a booth with project information, displays, and interactive community feedback.
• Online Survey – Concurrent with the pop-up events, an online survey will be deployed and promoted using MetroQuest platform. The survey will offer the community another opportunity to provide input on various design concepts and improvement locations.

Task 3.4 Round 3 Engagement – Review Recommended Gateway Enhancement Plans and Recommendations
This round of outreach will be conducted after Task 6. The public will be presented with the draft enhancement plans for each gateway and ability to rank, or prioritize, the improvements.

• Post Online for Review and Feedback – The draft enhancement plans will be posted online for public review and feedback. An online survey will be provided using a simple online survey tool (Survey Monkey or ArcGIS Survey 123) for the public to comment on and rank, or prioritize, the improvements.
• Display at City Hall or Office Hours – Dewberry proposes to provide an option to display the draft enhancement plans at a central location with paper comment cards/simple survey to leave behind in a comment box. The display can be staffed by consultant or City staff during select hours and days over a week for public drop-ins and questions. • City Council Presentation – The draft Enhancement Plans, along with a prioritization exercise, will be presented to the City Council for review and feedback.

Task 3 Deliverables: Website, Online Surveys, Survey Results, Flyers, Displays, Meeting and Presentation Materials, Sign-In Sheets, Outreach Summaries

Task 4 - Develop Design Concepts
Based on the feedback from Round 1 community outreach, data collection and analysis assumptions, the team will develop gateway enhancement concepts to be considered. The Concept Design task will illustrate the principal components for each gateway concept or gateway corridor concept. Up to eight concept designs will be developed that articulate different principal directions each gateway concept might take. The detail tasks for each concept design include:

• Develop illustrative concept design in plan view.
• Develop conceptual section or diagrams sufficient to communicate the design intent of each concept design.
• Develop one eye-level view of each concept design featuring key open spaces amenities and conditions for priority locations.
• Develop site program for landscape and functional components of each alternative. • Develop materials, planting, road/curb and grading strategies.

Task 4 Deliverables: Gateway Improvement Concept Designs and Visuals

ITEM 9.5.

ATTACHMENT 2

RANCHO CORDOVA GATEWAY ENHANCEMENT PLAN PROPOSAL

S C O P E O F W O R K 6

Task 5 - Develop Corridor Recommendations and Enhancement Plans Based on City staff, community and stakeholder feedback received from the project’s engagement activities in Round 2 Engagement, the consultant team will refine improvement concepts for each gateway. This will include development of the following:

• Conceptual level plans and layouts for each gateway
• 3D visuals and renderings for up to five locations
• Scoping document for each corridor with preliminary cost estimates • Prioritization matrix for ranking and prioritizing improvements

The consultant team will provide the draft documents to City staff for review and feedback prior to Round 3 Engagement.

Task 5 Deliverables: Plans and Layouts, 3D Visuals, Scoping Documents, Prioritization Matrix

Task 6 - Prepare Draft and Final Plans

6.1 Draft Plan
Comments from the public, City Council, and City staff will be incorporated and final draft enhancement plans will be developed. The draft report will compile deliverables from Tasks 2-6 and will include the following elements:

• Introduction
• Existing Conditions
• Community and Stakeholder Engagement
• Recommendations and Gateway Enhancement Concept Plans • Implementation

The Draft Plan will be provided to City staff for review and comments.

6.2 Final Plan
Edits to the draft plan will be made based on City staff input and a Public Draft will be developed for public and City Council review and input. The Public Draft will be released on the website and will be presented to the City Council at a regular meeting.

Public and City Council input will be incorporated into a Final Draft for City staff final review and approval. Any final comments from City staff will be addressed and a Final Plan will be completed.

Task 6 Deliverables: Draft Plan, Public Draft, Final Plan, City Council Presentation Materials

ITEM 9.5.

ATTACHMENT 2

RANCHO CORDOVA GATEWAY ENHANCEMENT PLAN PROPOSAL

S C O P E O F W O R K 7

PROPOSED TEAM
At Dewberry, we recognize that our staff makes a project successful. We are committed to bringing you our most experienced, “hands-on” managers and technical staff for this contract. This team includes key personnel that are proficient in their area of specialization, with vast experience at coordinating effectively with regulatory agencies.

Organization Chart

City of Rancho
Cordova
Public Outreach/
Design Support
Rebecca Neilon, PE
Kylie Newton
GIS and Planning
Isabella Ciraulo
Landscape Architect
Atlas Labs
Principle-in-Charge
Matt Satow, PE
Project Manager
Amber Collins, MCRP

ITEM 9.5.

ATTACHMENT 2

PROJECT SCHEDULE

Rancho Cordova Gateway Enhancement Plan
Project Schedule
Kick-Off Meeting and Project Management
Existing Conditions
Community Outreach
Develop Design Concepts
Develop Corridor Recommendations and Enhancement Plans
Prepare Draft and Final Plans
Indicates Meeting or Survey
N
Task
J F M
2022 2023

O DA M J J A SS O N D
ITEM 9.5.

ATTACHMENT 2

EXHIBIT B

COMPENSATION SCHEDULE

Refer to Attached Compensation Schedule
ITEM 9.5.

ATTACHMENT 2

Rancho Cordova Gateway Enhancement Plan
City of Rancho Cordova

HOURS COST HOURS COST HOURS COST

1.0 7 $1,435.32 8 $1,380.00 15 $2,815
64 $11,148.40 64 $11,148

1.0 71 $12,583.72 8 $1,380.00 79 $13,964

2.0 38 $5,560.76 18 $3,030.00 56 $8,591
46 $5,658.42 24 $3,990.00 70 $9,648
40 $7,294.52 30 $5,100.00 70 $12,395

2.0 124 $18,513.70 72 $12,120.00 196 $30,634

3.0 28 $4,680.75 28 $4,681
107 $16,377.03 8 $1,380.00 115 $17,757
117 $17,314.00 8 $1,380.00 125 $18,694
50 $7,362.19 8 $1,380.00 58 $8,742

3.0 302 $45,733.96 24 $4,140.00 326 $49,874

4.0 28 $5,728.31 90 $13,500.00 118 $19,228
4 $855.15 76 $11,360.00 80 $12,215
2 $463.62 80 $10,100.00 82 $10,564
1 $231.81 72 $12,720.00 73 $12,952

4.0 35 $7,278.88 318 $47,680.00 353 $54,959

5.0 13 $2,813.35 72 $10,170.00 85 $12,983
26 $5,161.95 8 $1,480.00 34 $6,642
20 $4,142.91 24 $4,140.00 44 $8,283

5.0 59 $12,118.21 104 $15,790.00 163 $27,908

6.0 68 $11,247.84 16 $2,960.00 84 $14,208
29 $4,907.35 8 $1,480.00 37 $6,387

6.0 97 $16,155.18 24 $4,440.00 121 $20,595
688 $112,383.65 550 $85,550.00 1,238 $197,933.65
Total Task 6
TOTAL PROJECT COST $114,383.65 $85,550.00 $199,933.65
$2,000.00 $2,000.00

TOTAL DIRECT LABOR HOURS

TOTAL OTHER DIRECT COST
Final Plan
Round 1 Engagement
Community Outreach
Conceptual Section or Diagrams
Develop Design Concepts
Illustrative Concept Designs
Total Task 5
Prioritization Matrix
Project Management
Kick-off meeting
Management Team Meetings and Coordination
3D Renderings
Round 2 Engagement
Scoping Documents
Develop Corridor Recommendations and Enhancement Plans
Site Program and Strategies
Total Task 4
Draft Plan
Prepare Draft and Final Plans
Refine Concept Designs
Total Task 3
Project Website
Round 3 Engagement
Existing Conditions
Total Task 1
Mapping of Corridor Characteristics
Dewberry Atlas Labs TOTAL
8/8/2022
Total Task 2
Analysis and Summary of Existing Conditions
Background Research and Data Collection
ITEM 9.5.

ATTACHMENT 2

MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 9.6.

DATE: September 6, 2022

TO: Honorable Mayor and Council Members

FROM: Quoc Nham, Senior Civil Engineer
Albert Stricker, Public Works Director

SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, APPROVING THE FINAL MAP OF SUNRIDGE VILLAGE 3
SUBDIVISION NO. RC-03-027.03, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE SUBDIVISION IMPROVEMENT
AGREEMENT CONTRACT NO. 2022-79 WITH CRESLEIGH HOMES

CORPORATION

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would approve the Final Map of Sunridge Village 3 Subdivision No.

RC-03-027.03, and Authorize the City Manager to Execute Subdivision Improvement Agreement Contract No. 2022-79 with Cresleigh Homes Corporation.

BACKGROUND

The map has been examined and checked for compliance with Title 22 of the City of Rancho Cordova Municipal Code and the California Subdivision Map Act. The City Council approved the Tentative Subdivision Map on April 17, 2006. A copy of the final map, Attachment 3, and copy of the vicinity map, Attachment 4, are included with this letter.

Roads are offered for dedication with this subdivision. Cresleigh Homes Corporation has provided a performance and labor and material bond guaranteeing the construction of the public improvements. MSA Engineering has waived the requirement for a bond to guarantee payment for setting the survey monuments with the subdivision. The soil report requirement has been satisfied by Youngdahl Consulting Group dated July 2015.

There are no delinquent taxes against the property and the Tax Collector has so certified. The 2021/2022 estimated taxes have been secured by the Sacramento County Tax Collector.

FISCAL IMPACT AND FUNDING SOURCE

There is no fiscal impact to the City.

City Council Staff Report - Page 2 of 2

ATTACHMENT(S)

1. Resolution

2. Subdivision Improvement Agreement Sunridge Village 3

3. Final Map Sunridge Village 3

4. Vicinity Map Sunridge Village 3

ITEM 9.6. 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, APPROVING THE FINAL MAP OF SUNRIDGE VILLAGE 3 SUBDIVISION NO. RC-03-027.03, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUBDIVISION IMPROVEMENT AGREEMENT CONTRACT NO. 2022-79 WITH CRESLEIGH HOMES

CORPORATION

WHEREAS, the City Council approved the Tentative Subdivision Map on April 17, 2006, per Resolution No. 55-2006; and

WHEREAS, the map is in substantial compliance with the approved tentative map; and

WHEREAS, the conditions of approval have been complied with; and

WHEREAS, the map complies with Title 22 of the City of Rancho Cordova municipal code and the California Subdivision Map Act; and

WHEREAS, the approval of final maps is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Regulation Section 15268(b)(3) as a ministerial approval; and
WHEREAS, the City desires to enter into a subdivision improvement agreement with the developer to ensure necessary public improvements are completed and secured with a bond.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does approve the Final Map of Sunridge Village 3 Subdivision No.

RC-03-027.03 and does authorize the City Manager to execute Subdivision Improvement Agreement Contract No. 2022-79 with Cresleigh Homes Corporation, in a form approved by the City Attorney.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 6th day of September 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk

CONTRACT NO. 2022-79
Subdivision Improvement Agreement Updated: 06/01/2022
Between the City of Rancho Cordova and
Cresleigh Homes Corporation 1

SUBDIVISION IMPROVEMENT AGREEMENT
SUNRIDGE VILLAGE 3
SUBDIVISION NO. RC-03-027.03
THIS SUBDIVISION IMPROVEMENT AGREEMENT (hereinafter, “Agreement”) entered into this __________ day of ___________, 20__, by and between the City of Rancho Cordova, (hereinafter “City"), a California municipal corporation, and Cresleigh Homes Corporation, a California corporation (hereinafter "Principal").

RECITALS
WHEREAS, Section 66462 of the Government Code provides that if the work of improvement required therein is not completed prior to the acceptance of a final subdivision map, the owner of the subdivision may enter into an agreement with the City to perform the work of improvement as required by said sections in consideration of the acceptance of said final subdivision map by the City; and
WHEREAS, Section 66499 of the Government Code requires that said agreement be secured by a surety bond or by an instrument of credit issued by a financial institution subject to regulation by the State or federal governments or by a cash deposit; and WHEREAS, Section 66499.3 establishes the types and amount of security to guarantee the performance of any such improvement agreement; and
WHEREAS, City and Principal desire to enter into an improvement agreement as authorized by the Subdivision Map Act under the terms and conditions hereinafter set forth.

NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants hereinafter set forth, City and Principal agree as follows:

1. Incorporation of Recitals. The foregoing recitals are hereby incorporated by reference.

2. Findings and Conditions of Subdivision Map. Principal recognizes that approval of its subdivision was subject to the findings and conditions attached to such approval and hereby acknowledges and agrees to be bound by such findings and conditions.

3. City Approval of Subdivision Map. City agrees to approve the final map of the subdivision presented to it by Principal and designated Sunridge Village 3 Subdivision No.

RC-03-027.03 and to accept on behalf of the public all lands, rights of way and easements therein offered in dedication, in accordance with the conditions hereinafter set forth.

ITEM 9.6.

ATTACHMENT 2

CONTRACT NO. 2022-79

Subdivision Improvement Agreement Updated: 06/01/2022
Between the City of Rancho Cordova and
Cresleigh Homes Corporation 2

4. Completion of Improvements. In consideration of such approval, Principal agrees to complete the work of improvement required for said subdivision in accordance with the requirements of the Rancho Cordova Municipal Code and such standard specifications created by applicable City ordinances or resolutions which are in effect at the time of the installation of said improvements. The work required may lie within or outside the subdivision and must be completed within 24 months of the date of this Agreement.

5. Payment For Services. Principal further agrees to promptly pay, when due, all costs for plan checking, inspection services and material testing performed by City pursuant to the requirements of Sections 12.03.210 et. seq. of the Rancho Cordova Municipal Code.

6. Acceptance of Improvements. Upon satisfactory completion of all public improvements in accordance with standard specifications created by City ordinances or resolutions which are in effect at the time of the installation of said improvements, City agrees to accept for maintenance the work of improvement within the dedicated parcels shown on said final subdivision map, and any off site easements granted, subject to the provisions of paragraph 8 hereof. Acceptance will be postponed until such time the City determines a public purpose exists. Public Purpose is defined as existence of habitable structures within the subdivision.

7. Notice of Commencement of Work. Principal shall notify the City Engineer in writing (email is sufficient) of the commencement of the work of improvements.

8. Correction of Defects. Principal agrees to remedy any defects in the improvement arising from faulty or defective construction of said improvements occurring within twelve months after acceptance thereof by City.

9. Indemnity. Principal shall indemnify and hold harmless with counsel selected by the City, the City of Rancho Cordova, its agents, officers, consultants, and employees (“City”) from any and all loss, damage or liability arising out of or resulting from Principal's performance or non-performance of his duties and obligations under this Agreement, or from the negligent act or omission of himself, his agents, servants and employees. Principal shall, at his own cost and expense, defend any and all actions, suits, or legal proceedings arising out of or resulting from the performance or nonperformance of this Agreement, that may be brought or instituted against the City, its officers and employees, on any such claim or demand, and pay or satisfy any judgment that may be rendered against the City in any such action, suit or legal proceedings, or result thereof, regardless whether caused in part by a party indemnified hereunder.

ITEM 9.6.

ATTACHMENT 2

CONTRACT NO. 2022-79

Subdivision Improvement Agreement Updated: 06/01/2022
Between the City of Rancho Cordova and
Cresleigh Homes Corporation 3

10. Extension of Completion Date. If the construction of the work or improvement should be delayed without fault of Principal, the time for completion thereof may be extended by City for such period of time as City may deem reasonable.

11. Improvement Security. (a) Principal shall obtain and furnish to City an improvement security consisting of a surety bond in favor of City, issued by a corporate surety authorized to do business in the State of California, and in form approved by City, securing the faithful performance by Principal of the work of improvement required, and also securing the payment of the costs and interest, if any, due under Sections 12.030.210 et seq. of the Rancho Cordova Municipal Code, as provided in Paragraph 5 herein and an additional bond issued by a corporate surety authorized to do business in the State of California, in the amount of not less than 50 percent of the total estimated cost of the improvement, securing payment to contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials for the improvement.
(b) In lieu of said corporate surety bonds, Principal may furnish an improvement security consisting of a letter of credit, certificate of deposit, or similar instrument of credit, in form satisfactory to City, issued by a financial institution subject to regulation by the State or Federal government, pledging that the funds necessary to meet the performance required herein are on deposit, and guaranteed for payment on demand. Said letter of credit, certificate of deposit, or similar instrument of credit shall provide that the funds designated therein shall become trust funds for the purposes set forth in said instrument. (c) The failure of Principal to commence the required work of improvements, or to complete the same within the time required after commencement thereof, shall entitle City to the full payment of the security, or so much thereof as may be necessary to complete the required work of improvement. The amount of the surety bond for faithful performance shall be in the sum of $240,531.50 (Two Hundred Forty Thousand Five Hundred Thirty-One Dollars and Fifty Cents). The amount of the surety bond for the payment of the claims of the contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials for the improvement shall be at least 50 percent of the above amount. The letter of credit, certificate of deposit or similar instrument of credit, or cash deposit for faithful performance, shall be in the above amount plus an additional 50 percent for the purposes set forth herein.

12. Improvement Security As Condition Precedent. The furnishing of the improvement security by Principal as required by paragraph 11 hereof shall be a condition precedent to acceptance by City of the above described real property and the performance by ITEM 9.6.

ATTACHMENT 2

CONTRACT NO. 2022-79

Subdivision Improvement Agreement Updated: 06/01/2022
Between the City of Rancho Cordova and
Cresleigh Homes Corporation 4
the City of the covenants herein on its part to be performed.

13. Inspection of Work In Progress. (a) Principal may request The City Engineer to inspect the work as it progresses. If the work performed is found to be in accordance with the requirements of City, it may be accepted as it progresses and a partial refund of the cash deposit, or a release pro tanto of the faithful performance bond, letter of credit, certificate of deposit or similar instrument of credit shall be made in a sum in the same ratio to the total deposit as the work accepted bears to the total work to be done. No refund in excess of 85 percent of the total amount of the improvement security for faithful performance shall be made until all the work has been completed and accepted.
(b) The determination of the Administrator of Public Works of City as to the amount of work done, and the amount of refund or partial release pro tanto, shall be final and conclusive. When the work of improvement is accepted, 10 percent of the improvement security shall be retained to guarantee faithful performance of the provisions of paragraph 8 of this Agreement.
(c) Improvement security given to secure payment to contractor, his subcontractors and to persons renting equipment or furnishing labor or materials for the work of improvement may, six months after completion and acceptance of the work, be reduced to an amount not less than the total of all claims on which an action has been filed, and notice thereof given in writing to City, and if there are no actions filed, such improvement security may be released in full.

14. Execution By Real Party In Interest. Where title to the subdivision property is held by the record owner thereof under a holding Agreement, this Agreement and the bond given pursuant thereto must be executed by the real party or parties in interest.

15. Waiver of Civil Code Section 2819. Any extension of time hereunder shall not operate to release the surety on the bond filed pursuant to this Agreement. In this connection the surety waives the provisions of Section 2819 of the Civil Code of the State of California.

16. City Construction of Improvements. In the event that all or any portion of the works of improvement contemplated herein are proposed to be constructed by street improvement proceedings under the control of City, the undertaking of such proceedings shall in no way relieve Principal of any duties under this Agreement, except where all of the works of improvement that are required under this Agreement have in fact been constructed and accepted by City.

17. Interest. Interest shall accrue at the highest rate permitted by law on all sums from the date payment is due under the terms of this Agreement and the sum due is certain or ITEM 9.6.

ATTACHMENT 2

CONTRACT NO. 2022-79

Subdivision Improvement Agreement Updated: 06/01/2022
Between the City of Rancho Cordova and
Cresleigh Homes Corporation 5
reasonably capable of being made certain.

18. Attorneys’ Fees. In the event that it is necessary for the City to enforce the obligations secured by the improvement security furnished pursuant to Paragraph 11 hereof, the City shall be entitled to recover its costs and reasonable expenses and fees, including reasonable attorneys' fees, as provided for in Government Code Section 66499.4.

19. Amendments. This Agreement may be modified or amended, or any of its provisions waived, only by a subsequent written agreement executed by the parties hereto.

20. Entire Agreement. This Agreement and any attachments hereto constitute the sole, final, complete, exclusive and integrated expression and statement of the terms and conditions of this Agreement among the parties hereto concerning the subject matter addressed herein, and supercedes all prior negotiations, representations or agreements, oral or written, that may be related to the subject matter of this Agreement.

21. Construction and Interpretation. It is agreed and acknowledged by the Principal that the provisions of this Agreement have been arrived at through negotiation, and that the Principal has had a full and fair opportunity to revise the provisions of this Agreement and to have such provisions reviewed by legal counsel. Therefore, the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not apply in construing or interpreting this Agreement.

22. Successors and Assigns. This Agreement shall bind and inure to the benefit of the respective successors and assigns of the parties hereto.

23. Time. Time is of the essence in the performance of each and every term of this Agreement.

SIGNATURE PAGE FOLLOWING

ITEM 9.6.

ATTACHMENT 2

CONTRACT NO. 2022-79

Subdivision Improvement Agreement Updated: 06/01/2022
Between the City of Rancho Cordova and
Cresleigh Homes Corporation 6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above, which date shall be considered by the Parties to be the effective date of this Agreement.

CITY OF RANCHO CORDOVA,
California Municipal Corporation

_______________________________
Cyrus Abhar, City Manager
Cresleigh Homes Corporation
California Corporation

________________________________
Deana Ellis, Vice President Land Resources

Date: __________________________ Date: ___________________________

ATTEST:

__________________________________
Stacy Leitner, CMC, City Clerk

ITEM 9.6.

ATTACHMENT 2

OWNER'S STATEMENT

THE UNDERSIGNED HEREBY CONSENTS TO THE PREPARATION AND RECORDATION OF THIS MAP OF SUN RIDGE VILLAGE

3. THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES. THE UNDERSIGNED

OFFERS FOR DEDICATION ANO DOES HEREBY DEDICATE TO ANY AND ALL PUBLIC USES TO THE PUBLIC RANCHO

CORDOVA PARKWAY, AURA WAY, SOLIS WAY, MIRTH WAY, BRILLIANT WAY, TANE WAY, ARJUNA WAY AND PEAK

COURT SHOWN HEREON AND ALSO OFFERS FOR DEDICATION ANO DOES HEREBY DEDICATE TO SPECIFIC PURPOSES THE FOLLOWING:

BY:
(Al EASEMENTS FOR PLANTING AND MAINTAINING TREES, INSTALLATION AND MAINTENANCE OF ELECTROLIERS,

TRAFFIC CONTROL DEVICES, WATER AND GAS PIPES, ANO FOR UNDERGROUND ELECTRIC, TELEPHONE, AND

CABLE TELEVISION SERVICES, TOGETHER WITH ANY AND ALL APPURTENANCES PERTAINING THERETO ON, OVER, UNDER ANO ACROSS ALL OF LOT 'G', LOT 'H', LOT 'J' AND THOSE STRIPS OF LAND 12.S FEET AND 23.S FEET IN

WIDTH LYING CONTIGUOUS TO BORDERLANDS DRIVE, AURA WAY, SOLIS WAY, MIRTH WAY, BRILLIANT WAY,

TANE WAY, ARJUNA WAY AND PEAK COURT SHOWN HEREON, AND DESIGNATED AS PUBLIC UTILITY EASEMENT (P.U.E.I.
(Bl AN EASEMENT FOR CONSTRUCTING AND MAINTAINING CENTRALIZED MAIL DELIVERY BOXES, PEDESTALS,

SLABS, TOGETHER WITH ANY AND ALL APPURTENANCES PERTAINING THERETO INCLUDING PEDESTRIAN ACCESS

FOR DELIVERY AND RECEIPT OF MAIL ON, OVER, UNDER ANO ACROSS STRIPS OF LANO FIVE FEET IN WIDTH,

LYING CONTIGUOUS TO THE BORDERLANDS DRIVE, AURA WAY, SOLIS WAY, MIRTH WAY, BRILLIANT WAY, TANE WAY, ARJUNA WAY AND PEAK COURT SHOWN HEREON.
(C) RIGHTS-OF-WAY ANO EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF A PEDESTRIAN WALKWAY,

TOGETHER WITH ANY AND ALL APPURTENANCES PERTAINING THERETO ON, OVER, UNDER AND ACROSS LOT 'G', LOT 'J', LOT 'H', THAT 10 FOOT STRIP OF LAND OVER LOTS 75 AND 76, AND THAT STRIP OF LAND 13.S FEET IN WIDTH LYING CONTIGUOUS TO BORDERLANDS DRIVE SHOWN HEREON ANO DESIGNATED "PEDESTRIAN EASEMENT" (P.E.I. THE MAINTENANCE ANO REPAIR OF THE WALKWAY SHALL BE THE RESPONSIBILITY OF THE PROPERTY OWNER.
(DI AN EASEMENT FOR LANDSCAPING AND ALL APPURTENANCES PERTAINING THERETO LYING ON, OVER AND ACROSS LOT 'G', LOT 'J', LOT 'H' AND THAT STRIP OF LANO 13.S FEET IN WIDTH LYING CONTIGUOUS TO BORDERLANDS DRIVE SHOWN HEREON ANO DESIGNATED "LANDSCAPING EASEMENT" (LE.), SAID STRIPS TO BE KEPT OPEN AND FREE FROM BUILDINGS. THE MAINTENANCE AND REPLANTING OF THE LANDSCAPE STRIP SHALL BE THE RESPONSIBILITY OF THE PROPERTY OWNER.

S CORPORATION, A CALIFORNIA CORPORATION
NOTES
L ALL CURVES DIMENSIONED WITH RADIUS, LENGTH, DELTA , CHORD BEARING ANO DISTANCE.

2. ALL DISTANCES SHOWN HEREON ARE EXPRESSED IN FEET ANO DECIMALS THERE OF.

3. DUE TO ROUNDING THE SUM OF THE INDIVIDUAL DIMENSIONS MAY NOT EQUAL THE OVERALL DIMENSION.

FINAL MAP OF SUBDIVISION NO. RC-03-027.03
SUNRIDGE VILLAGE 3
BEING ALL OF PARCEL 3 OF BOOK 230 OF PARCEL MAPS, PAGE 3 AND ALSO BEING PORTIONS OF FRACTIONAL SECTIONS 9 AND 16, TOWNSHIP 8 NORTH, RANGE 7 EAST, M.D.M

CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, CALIFORNIA I msa I RO�EJ��
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CIVIL ENGINEERS • SURVEYORS • PLANNERS
SEPTEMBER 2022
SHEET I OF6

NOTARY'S ACKNOWLEDGMENT

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE

VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE

DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, ANO NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF ' - )
COUNTYO::i)loce,(' )
)ss
___ _,_,\'-"C)'-'-'l.'-O_"t.;_.:-t. ___ BEFORE ME,

A NOTARY PUBLIC, PERSONALLY
e----- WHO PROVED TO ME ON

THE BASIS OF

SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE

SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME

THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED

CAPACITY(IES), ANO THAT BY HIS/HER/THEIR SIGNATURE(SI ON THE

INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(SI ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY H •
NOTARY PRINTED NAME:

MY PRINCIPAL PLACE OF BUSINESS I .,,__ COUNTY.
•
dtJ
MY NOTARY COMMISSION NO. 2 3� «:, � r, 6 • J
MY coMM1ss10N EXPIRES oN W•e •�. 2."bl-""f

4. TOTAL AREA OF THIS "SUN RIDGE VILLAGE 3" SUBDIVISION CONTAINS 20.050 ACRES GROSS MORE OR LESS, CONSISTING OF 81 RESIDENTIAL LOTS.

5. ALL REAR LOT CORNERS ANO ANGLE POINTS WILL BE SET WITH A 5/8" REBAR WITH A PLASTIC CAP STAMPED "LS 6600". WHERE MONUMENTS FALL ADJACENT TO A RETAINING WALL, SOUNOWALL OR CONCRETE FOOTING A 5/8" REBAR WITH A PLASTIC CAP STAMPED "LS 6600" WILL BE SET ON THE SIDE LOT LINE 2.00' FROM THE REAR LOT CORNER OR A BRASS TAG STAMPED "LS 6600" WILL BE SET WITH EPOXY TO THE FACE OF THE WALL TWO (21 FEET ABOVE THE GROUND WHERE AN OFFSET MONUMENT CANNOT BE SET.

6. A 1-5/32" BRASS DISK STAMPED "LS 6600" WILL BE SET IN THE SIDEWALK ON THE PRODUCTION OF THE SIDE LOT LINES LOO' FOOT FROM THE PROPERTY CORNER OR LOO OR 10.00' OFFSET FROM THE THE FRONT CORNER ON THE SIDE LOT LINE.

7. A SOUNDWALL IS ADJACENT TO LOTS 1 THROUGH 9 AND LOT 'G'.

8. LOTS 'G', 'H' AND 'J' WILL BE GRANTED TO THE CITY OF RANCHO CORDOVA BY SEPARATE INSTRUMENT.

SURVEYOR'S STATEMENT
THIS MAP OF SUN RIDGE VILLAGE 3 WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS

BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE

SUBDIVISION MAP ACT ANO LOCAL ORDINANCE AT THE REQUEST OF CRESLEIGH HOMES CORPORATION, A CALIFORNIA CORPORATION IN JULY, 2006. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. I

HEREBY STATE THAT ALL THE MONUMENTS ARE OF THE CHARACTER ANO OCCUPY THE POSITIONS INDICATED. THE MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.

DATE !lv9us t: f ' 2022

CITY ENGINEER'S STATEMENT
MICHAEL S. COSTA LS 6600
EXPIRATION DATE: DECEMBER 31, 2022
I HEREBY STATE THAT I HAVE EXAMINED THIS PLAT OF SUNROIGE VILLAGE 3

ANO FIND IT TO BE SUBSTANTIALLY THE SAME AS THE TENTATIVE MAP

APPROVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF THE

SUBDIVISION MAP ACT AND ALL APPLICABLE CITY ORDINANCES HAVE BEEN COMPLIED WITH.

CITY ENGINEER, ALBERT STRICKER
R.C.E. 64057
EXPIRATION DATE: 09/30/2022

CITY SURVEYOR'S STATEMENT
DATE

I HEREBY STATE THAT I AM SATISFIED THAT THIS FINAL MAP IS TECHNICALLY CORRECT.

LAND SURVEYOR, CYRUS E. ABHAR
P.LS. 7723
EXPIRATION DATE: 12/31/2022

CITY CLERK'S STATEMENT
DATE
No.

Exp. 12-31-
0F

I HEREBY STATE THAT THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA HAS APPROVED THIS MAP OF SUNRIDGE VILLAGE 3 ANO HAS ACCEPTED ON BEHALF OF THE PUBLIC ALL RIGHTS-OF-WAYS AND EASEMENTS, AND ALL

RIGHTS-OF-WAYS SHOWN HEREON AS THE PUBLIC ROAD, WAYS, AND COURTS TOGETHER WITH ANY AND ALL APPURTENANCES PERTAINING THERETO, SUBJECT TO THE IMPROVEMENT THEREOF.

DATE CLERK OF THE CITY COUNCIL

CITY OF RANCHO CORDOVA, CALIFORNIA

RECORDER'S STATEMENT
FILED THIS _DAY OF __ 20_, AT __ M. IN BOOK __ OF MAPS AT PAGE _AT THE REQUEST

OF MSA A CBG COMPANY, TITLE TO THE LANO INCLUDED IN THIS FINAL MAP BEING VESTED AS PER CERTIFICATE No._ON FILE IN THIS OFFICE.

FILE No. _______ _

DONNA ALLRED, COUNTY RECORDER
BY: _____________ _

COUNTY RECORDER DEPUTY
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AREA
ITEM 9.6.

MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 9.7.

DATE: September 6, 2022

TO: Honorable Mayor and Council Members

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

SUBJECT: A RESOLUTION APPROVING THE ANNEXATION OF A PORTION OF

THE RANCH PROJECT TO THE CITY OF RANCHO CORDOVA
COMMUNITY FACILITIES DISTRICT NO. 2018-2 (COMMUNITY

PLACES AND NEIGHBORHOOD GREENS)

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would approve the revised Annexation Map No. 3 for a portion of The Ranch project to Community Facilities District No. 2018-2 (Community Places and Neighborhood Greens) (hereinafter "CFD No. 2018-2") and approves the re-recording of the Annexation Boundary Map and the Notice of Special Tax Lien.

BACKGROUND

On August 6, 2018, the City adopted a Resolution of Intention to establish a Community Facilities District (CFD) and Future Annexation Area for citywide maintenance of community places and neighborhood greens. The special tax contributes to the cost of the operation and maintenance of public improvements including community plazas, neighborhood greens, and regional trails. On September 17, 2018, the City adopted the resolution forming CFD No. 2018- 2 pursuant to the Mello-Roos Community Facilities Act of 1982 (State of California Government Code Section 5311 et seq.) (the “Act”). The action defining the Future Annexation Area for the District provided for a more efficient process for the annexation of property when the property owners have provided unanimous consent. Defining the future annexation area provided the resolution of intention, noticing, and public hearing for the entire future annexation area so these steps do not need to be repeated for each annexation.

The annexation process for projects within the future annexation area is streamlined to receiving a petition and waiver from the property owner(s), the City Council approving the Annexation Boundary Map by resolution, followed by the recording of the Annexation Boundary Map and Notice of Special Tax Lien by the City Clerk.

City Council Staff Report - Page 2 of 2

DISCUSSION

The project included in this action was conditioned to annex to CFD No. 2018-2 to provide funding for maintenance of community places and neighborhood greens, including community plazas and bicycle trails, and to pay for the capital replacement of said facilities. The property owners signed a unanimous approval of the annexation to CFD No. 2018-2. On November 15, 2021, the City Council adopted a Resolution approving Annexation Boundary Map No. 3 for the project and directing the City Clerk to execute and record the Annexation Boundary Map and Notice of Special Tax Lien for the project.

Subsequently, errors with the parcel numbers on the previously recorded documents triggered the need to revise the Annexation Boundary Map and associated Notice of Special Tax Lien (NSTL). The attached Resolution, once approved, will replace the previously adopted Resolution such that the corrected Annexation Boundary Map and NSTL will be re-recorded.

The property owners also resigned the corrected unanimous approval documents.

FISCAL IMPACT AND FUNDING SOURCE

There is no impact to the General Fund.

ATTACHMENT(S)

1. Resolution

2. Exhibit A to the Resolution - Annexation Boundary Map

3. Exhibit B to the Resolution - Notice of Special Tax

ITEM 9.7. 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 BOUNDARY MAP FOR A PORTION OF THE RANCH

PROJECT ANNEXATION TO THE CITY OF RANCHO CORDOVA COMMUNITY FACILITIES DISTRICT NO. 2018-2 (COMMUNITY PLACES AND NEIGHBORHOOD GREENS)

WHEREAS, the Conditions of Approval for The Ranch project requires the property owner/applicant to participate in the provision of funding to provide fair share maintenance of Community Places and Neighborhood Greens associated with the project; and

WHEREAS, on August 6, 2018, the City adopted a Resolution of Intention to establish Community Facilities District No. 2018-2 (Community Places and Neighborhood Greens) (the “District”) and Future Annexation Area for maintenance of community places and neighborhood greens. On September 17, 2018, the City adopted a Resolution forming CFD No. 2018-2 pursuant to the Mello-Roos Community Facilities Act of 1982 (State of California Government Code Section 5311 et seq.) (the “Act”); and

WHEREAS, the action defining the Future Annexation Area for the District provided for a more efficient process for the annexation of property when the property owners have provided for their unanimous consent such that the annexation process for projects within the Future Annexation Area has been reduced to receiving a petition, consent and waiver from the property owner(s); and

WHEREAS, the property owner(s) executed a unanimous approval form which irrevocably consents to and votes in favor of the annexation of the property to the District and the levy of the special tax on the property to finance the services of the CFD in accordance with the Rate and Method of the District; and

WHEREAS, in the case of annexation proceedings, pursuant to Streets and Highways Code Section 3110.5 a separate map of the area proposed to be annexed is required to be prepared and adopted; and

WHEREAS, City staff has caused to be prepared Annexation Boundary Map No. 3 for a portion of the property known as The Ranch project, Exhibit A attached hereto, for the annexation of the property to CFD No. 2018-2 (Community Places and Neighborhood Greens).

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

1. The Council so finds and determines the above recitals are true and correct.

2. Council approves the amended Annexation Boundary Map No. 3 and finds and determines that the territory shown in the amended Annexation Boundary Map is hereby added to and made a part of the District with full legal effect.

3. The City Clerk is directed to execute and record the amended Annexation Boundary Map No. 3 in the office of the County Recorder of Sacramento County no later than 15 days after the adoption of this resolution.

4. The City Council finds and determines that a special tax shall be levied within the

ITEM 9.7. ATTACHMENT 1 Resolution No. XX-2022 Page 2 of 2 Territory to be annexed and which special tax shall be the same as the tax to be levied within the District. Collection of said tax shall commence in Fiscal Year 2022-2023, and the rate and method of apportionment of said tax shall be as set forth in the Resolution of Formation of the District.

5. The City Clerk is directed to execute and re-record an amended Notice of Special Tax Lien in substantially the same form as shown in Exhibit B attached hereto, in the office of the County Recorder of Sacramento County no later than 15 days after recordation of the amended Annexation Boundary Map No. 3.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 6th day of September 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Donald Terry, Mayor

Stacy Leitner, CMC
City Clerk

APN
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CHRYSANTHY BLVD
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067-2410-002
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067-2420-003
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067-2420-002
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067-2410-004
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067-2410-003

EXEMPT PARK APN
067-2410-008
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067-2410-007
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067-2410-005
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067-2420-005
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EXEMPT OPEN SPACE

EXEMPT OPEN SPACE

RANCHO CORDOVA PKWY

AMENDED PROPOSED BOUNDARY MAP
1 1

COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
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1 " = 375 '
Legend
Annexation Boundary

HARRIS & ASSOCIATES
22 EXECUTIVE PARK, SUITE 200
IRVINE, CALIFORNIA 92614
800-827-4901

REFERENCE THE SACRAMENTO COUNTY ASSESSOR'S MAPS FOR A DETAILED DESCRIPTION OF PARCEL LINES AND DIMENSIONS

SUNRISE BLVD

DOUGLAS RD

KIEFER BLVD

NIKE RD

GRANT LINE RD
US 50

WHITE ROCK RD

VICINITY MAP

ANNEXATION

LOCATION

AMENDED PROPOSED BOUNDARY OF
ANNEXATION 3
(THE RANCH) TO

CITY OF RANCHO CORDOVA
COMMUNITY FACILITIES DISTRICT NO. 2018-2
(COMMUNITY PLACES AND NEIGHBORHOOD GREENS)
City of Rancho Cordova
Annexation 3 (The Ranch)
Community Facilities District No. 2018-2
County of Sacramento, California
Sheet ____ of ____

CLERK'S MAP STATEMENT
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF RANCHO CORDOVA THIS ______ DAY OF ______________ 2022. _____________________________________________

CITY CLERK OF THE CITY OF RANCHO CORDOVA

CLERK'S MAP STATEMENT
I HEREBY CERTIFY THAT THE AREA SHOWN ON THIS MAP OF THE PROPOSED ANNEXATION 3 TO COMMUNITY FACILITIES DISTRICT NO. 2018-2, (COMMUNITY PLACES AND NEIGHBORHOOD GREENS), CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO,

STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA AT A REGULARLY SCHEDULED MEETING THEREOF, HELD ON THE ____ DAY OF ______________ 2022. BY ITS RESOLUTION NO. _____________. _____________________________________________

CITY CLERK OF THE CITY OF RANCHO CORDOVA

COUNTY RECORDER'S FILING STATEMENT
FILED THIS ______ DAY OF ________________ 2022. AT THE HOUR OF ___________ O'CLOCK ____.M. IN BOOK _______ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS PAGE NO. _____ IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF SACRAMENTO, STATE OF CALIFORNIA.

DONNA ALLRED
BY: ___________________________________________________ DEPUTY
FILE: ___________________________________________________

COUNTY RECORDER OF THE COUNTY OF SACRAMENTO, CALIFORNIA

THIS MAP AMENDS AND CORRECTS THE APNS AS

STATED IN THE MAP PREVIOUSLY RECORDED ON
NOVEMBER 17, 2021 IN BOOK 135 OF MAPS OF

ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS
PAGE NO. 37 AND INSTRUMENT/FILE NO.
202111171296 IN THE OFFICE OF THE COUNTY

RECORDER IN THE COUNTY OF SACRAMENTO, STATE
ITEM 9.7.

ATTACHMENT 2
Exhibit A to the Resolution

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, California 95670
Attention: City Clerk
____________________________________________________________________________

AMENDED NOTICE OF SPECIAL TAX LIEN
COMMUNITY FACILITIES DISTRICT NO. 2018-2
(COMMUNITY PLACES AND NEIGHBORHOOD GREENS)

OF THE CITY OF RANCHO CORDOVA
Pursuant to the requirement s of Section 3114.5 of the Streets and Highways Code and Section 53328.3 of the Government Code, the undersigned clerk of the legislative body of the City of Rancho Cordova (the “City”), State of California, hereby gives notice that a lien to secure payment of special taxes is hereby imposed by the City Council of the City. The special taxes secured by this lien are authorized to be levied for the purpose of providing services as described in Exhibit A attached hereto and hereby made a part hereof.

The special taxes are authorized to be levied within Annexation Boundary Map No. 3 (the “Annexed Area”) of the City of Rancho Cordova Community Facilities District No. 2018-2 (Community Places and Neighborhoo d Greens) (the “District”), which has now been officially annexed to the District, and the lien of the special taxes are a continuing lien which shall secure each annual levy of the special taxes and which shall continue in force and effect until the special taxes cease to be levied and a notice of cessation of special taxes is recorded in accordance with Section 53330.5 of the Government Code.

The rate, method of apportionment, and manner of collection of authorized special t ax is as set forth in Exhibit B attached hereto and hereby made a part hereof. The obligation to pay the special tax may not be permanently satisfied by way of prepayment of the special tax and the lien of the special tax cannot be canceled in this manner.

Notice is further given that upon the recording of this notice in the office of the county recorder, the obligation to pay the special tax levies shall become a lien upon all nonexempt real property within the District in accordance with Section 3115.5 of the Streets and Highways Code.

The name of the owner and the assessor’s parcel number(s) of the real property included within the District and not exempt from the special tax are as set forth in Exhibit C attached hereto.

Reference is hereby made to the Notice of Special Tax Lien with respect to the District recorded on October 4, 2018, as Document No. 201810040991 page 15, in the office of the County Clerk & Recorder of the County of Sacramento, California, which contains a list of the then existing owners and assessor tax parcel numbers of the original boundaries of the District.

ITEM 9.7.

ATTACHMENT 3
Exhibit B to the Resolution

Reference is made to the boundary map of the District recorded on August 21, 2018, as Document No. 201808210674, at Book 126 of Maps of Assessment and Community Facilities Districts at Page No.19, in the office of the County Clerk & Recorder of the County of Sacramento, California, (the “ Original Boundary Map”), and the map of the Annexed Territory recorded at Book 133, Page 4, Document No. 202103290292 in the Office of the County Recorder for the County of Sacramento, State of California, which map together with the Original Boundary Map and the boundary maps of record for all prior annexations, are now the final boundary maps of the Community Facilities District including the Annexed Territory.

For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Department of Public Works of the City of Rancho Cordova , 2729 Prospect Park Drive , Rancho Cordova, California 95670, (916) 851-8710.

Dated: ___________________________ ___________________________________

CITY CLERK OF THE CITY OF

RANCHO CORDOVA

ITEM 9.7.

ATTACHMENT 3
Exhibit B to the Resolution

EXHIBIT A

CITY OF RANCHO CORDOVA
COMMUNITY FACILITIES DISTRICT NO. 2018-2
(COMMUNITY PLACES AND NEIGHBORHOOD GREENS)

LIST OF FACILTIES AND SERVICES
The City of Rancho Cordova (the “City”) is establishing Community Facilities District No. 2018 - 2 (Community Places and Neighborhood Greens) (the “CFD”) to fund, in whole or in part, the following facilities and services (the terms “facilities” and "services" shall have the meaning as given in the M ello- Roos Community Facilities Act of 1982.

AUTHORIZED FACILITIES
The CFD is being established to fund the maintenance, operations, servicing, rehabilitation and replacement of CFD Facilities. The costs associated with the initial capital improvements requ ired for the construction or installation of the Facilities are not included in the costs to be funded by the CFD. A general list of the Facilities to be maintained by the CFD include:

1. Community Plazas. Community Plazas are a component of the Community Pl aces category of City Open Space, as defined in the City’s Open Space Guidelines. Community Plazas are typically located in Village and Town Centers to provide areas for congregation, socializing and community events/activities. Two Community Plazas are planned for the CFD.

Specific amenities will be determined on a site by site basis. Typical amenities may include, but are not limited to, expanded public gathering space; outdoor seating and shade structures; signage and lighting; trash and recycling rece ptacles; bicycle parking; features of interest such as fountains, art work, engaging landscapes and other unique structures/treatments; hardscape areas; and formal landscaping in planter boxes.

2. Bicycle Trails. Bicycle Trails are a component of the Green Infrastructure category of City Open Space as defined in the City’s Open Space Guidelines. A system of Bicycle Trails, defined as the Class I Bicycle Trails East of Sunrise Boulevard in the City’s Bicycle Trails Master Plan, is planned for the CFD.

This system of trails will have an estimated 250,530 linear feet of bicycle trails (over 47 miles) that will be a part of the City’s overall Bicycle Trail network.

Primary trails are 16’ in overall width (12’ of asphalt pavement with a 2’ shoulder on each side). Primary trails are typically located within a corridor of at least 50 feet in width, with larger widths up to 100 feet encouraged. Corridors of less than 50 feet in width may be accepted based on the unique opportunities ITEM 9.7.

ATTACHMENT 3
Exhibit B to the Resolution

and constraints within a given development project. Secondary trails feed into primary trails and provide connections to significant corridors and local trails. Secondary trails are 14’ in overall width (10’ of asphalt pavement with a 2’ shoulder on each side) and are typically located within a corridor of at least 35 feet in width, with larger widths encouraged.

Typical amenities for Bicycle Trails may include, but are not limited to, native and/or draught tolerant plants; railings and edge protections; grade separated crossings; signage and lighting; shade trees; and trailheads where trails begin or connect to other trails. Trailheads are small open space areas that may include benches; signage and lighting; trash and recycling receptacles; maps; and other elements to assist trail users.

3. Neighborhood Greens. Neighborhood Greens are the most commonly occurring component of the Community Places category of City Open Space, as defined in the City’s Open Space Guidelines.

Neighborhood Greens are small -scale urban and suburb an open spaces serving as places to meet, gather, socialize, commune with nature or otherwise participate in passive recreation activities.

Neighborhood Greens are typically located in small developed and landscaped areas generally within residential neighborhoods in new development areas.

Specific amenities will be determined on a site by site basis. Typical amenities may include, but are not limited to, public gathering space; multi -purpose tables and shade structures; signage and lighting; trash and recycling receptacles; water fountains, barbeque areas and bicycle parking; walking paths, including those with special paving materials; landscape areas and hardscape areas; and distinguished areas with a special design feature such as tree variety or amenity.

4. Other Facilities. In addition to the facilities described above, the following features as described in the City’s Open Space Guidelines may be maintained by the CFD:

Community Places Green Infrastructure
Neighborhood Greens Pedestrian Trails
Town Greens Pedestrian Paseos
Community Gardens / Rose Gardens / Display
Gardens
Utility Easements
Water Resources / Streams / Ponds / Lakes Green Streets Community Wide Open Space Facilities Local Residential Street Landscape Enhancement
Outdoor Amphitheaters Enhanced Detention Basins / Drainage Ways
ITEM 9.7.

ATTACHMENT 3
Exhibit B to the Resolution

Additionally, Facilities may include any other facilities permitted under the Mello-Roos Community Facilities Act of 1982, including the facilities described in Section 53313.5 of the Califor nia Government Code, as amended from time to time, provided that such facilities satisfy at least one of the following criteria: 1) augment, improve or expand existing CFD Facilities that are primarily for the benefit of the CFD; or 2) repair or rehabilitate existing CFD Facilities.

AUTHORIZED SERVICES
The CFD is being established to fund the cost of all authorized CFD Services which are to include, but are not limited to:

1. Capital Replacement. Capital Replacement includes any and all costs associated with repairing and replacing any of the Facilities described above.

2. Maintenance. Maintenance includes any and all costs associated with maintaining, operating and servicing all of the Facilities described above. This includes, but is no t limited to the cost of labor, mechanical and automotive expenses, maintenance services, materials and supplies, water, electricity and other utilities, refuse collection, sewage disposal, security services or other costs incurred for the Facilities.

3. General CFD Costs. General Costs include any and all administrative costs associated with the CFD including, but not limited to, the costs of setting the annual levy and the collection of Special Taxes, such as county tax collection fees, consultant fees, legal fees and city staff costs.

Additionally, Services may include any other facilities permitted under the Mello -Roos Community Facilities Act of 1982, including the facilities described in Section 53313.5 of the California Government Code, as amended from time to time, provided that such services are related to at least one of the following criteria: 1) the augmentation, improvement or expansion of existing Facilities that are primarily for the benefit of the CFD; or 2) the reparation or rehabilitation of existing Facilities.

ITEM 9.7.

ATTACHMENT 3
Exhibit B to the Resolution

EXHIBIT B
City of Rancho Cordova
Community Facilities District No. 2018 -2
(Community Places and Neighborhood Greens)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax as described herein and authorized under the Mello-Roos Community Facilities Act of 1982 (the “Act”) shall be applicable to parcels of land within the Community Facilities District No. 2018-2 (Community Places and Neighborhood Greens) (the “CFD”) of the City of Rancho Cordova (the “City”), including any parcels of land subsequently annexed into the CFD unless a separate Rate and Method of Apportionment of Special Tax is adopted at the time of annexation. The Special Tax shall be levied and collected as determined by the City through the application o f the Rate and Method of Apportionment as described below.

A. Definitions
“Act” means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. “Age-Qualified Residential Parcel” means a Residential Parcel within an age-qualified community as defined in the Fair Housing Act of 1968 or the 1995 Housing for Older Persons Act including amendments to those Acts.
“Age-Qualified Multi -Family Residential Parcel” means a Mu lti-Family Residential Parcel that meets the criteria for an Age -Qualified Residential Parcel. “Age-Qualified Single Family Residential Parcel” means a Single Family Residential Parcel that meets the criteria for an Age -Qualified Residential Parcel. “Administrative Expenses” means the actual or reasonably estimated costs incurred by the City acting for and on behalf of the CFD as administrator thereof, to determine, levy and collect the Special Taxes, in responding to public inquiries regarding the Special Taxes, including salaries of City employees and a proportionate amount of the City’s general administrative overhead related thereto; the fees of consultants and legal counsel providing services related to the administration of the CFD; any amounts estima ted or advanced by the City or CFD for any other administrative purposes; and any other costs required to administer the CFD as determined by the City. “Annual Special Tax” means the total Special Tax levied against a Residential Parcel in the CFD in a Fiscal Year.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the County Assessor of the County designating lots or parcels by an Assessor’s Parcel Number.

ITEM 9.7.

ATTACHMENT 3
Exhibit B to the Resolution

“Assessor’s Parcel Number” means the Assessor’s Parcel Number for any Parcel based on the County Assessor’s secured property tax roll as of July 1 of each Fiscal Year. “Authorized Facilities and Services” or “Facilities and Services” means the authorized facilities, maintenance activities and/or services, and expenses that may be funded by the CFD pursuant to the Act as amended, including, without limitation, the facilities and services authorized to be funded by the CFD as set forth in the documents adopted by the City Council at the time the CFD was formed.
“Base Year” means the Fiscal Year beginning July 1, 2018 and ending June 30, 2019. “Building Permit” means a building permit issued by the City prior to the June 30 preceding the Fiscal Year in which the Special Tax is being levied.
“Capital Replacement Reserve Fund(s)” means a fund or funds that may be maintained for the CFD to provide for the accumulation and holding of funds for long -term capital projects, asset replacement, or other large anticipated expenditures.
“CFD” or “CFD No. 2018 -2” means Community Facilities District No. 2018 -2 (Community Places and Neighborhood Greens) of th e City of Rancho Cordova. “CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. “City” means the City of Rancho Cordova.
“City Council” means the City Council of t he City of Rancho Cordova, acting as legislative body of the CFD.
“County” means the County of Sacramento.
“Developed Residential Parcel” means any residential parcel for which a building permit has been issued by the City prior to the start of the current Fiscal Year. “Dwelling Unit” means each separate residential dwelling unit that comprises an independent facility capable of conveyance or rental separate from adjacent residential dwelling units. “Final Subdivision Map” means a subdivision of property cr eating residential buildable lots by recordation of a Final Subdivision Map or parcel map pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.), or recordation of a condominium plan pursuant to the California Civil Code 135 2, that creates individual lots for which building permits may be issued without further subdivision and is recorded prior to June 30 preceding the Fiscal Year in which the Special Tax is being levied.
“Fiscal Year” means the period starting July 1 and end ing the following June 30. “Maximum Annual Special Tax” means the Maximum Special Tax that may be levied against a Taxable Parcel in a Fiscal Year determined in accordance with Section C and Section D. “Maximum Special Tax Rate” means the amount shown in Section C that is used in calculating the Maximum Annual Special Tax that may be levied on a Residential Parcel based on its residential land use and the number of residential Dwelling Units on the Parcel for a Fiscal Year.

ITEM 9.7.

ATTACHMENT 3
Exhibit B to the Resolution

“Multi-Family Residential Parcel” means a Residential Parcel with authorized residential use to consist of two or more for -rent Dwelling Units that share common walls, including, but not limited to, apartments and Residential Property that are not for sale to an end user and are under common management.
“Operating Reserve Fund” means a fund that may be maintained for the CFD each Fiscal Year to provide necessary cash flow to pay for the operation, maintenance and servicing of the CFD Facilities, Administrative Expenses and any other allowable CFD costs through the first six months of each Fis cal Year, which is at or around the time in which the City will receive the first allocation from the County of the annual Special Tax levy.
“Other Land Use Parcel” means a Taxable Parcel that does not have authorized residential use that is verified by i ssuance of a Building Permit for residential use, secured assessment roll classification for residential land use and assessed valuation that includes the improved value of residential Dwelling Unit(s) by the County Assessor, Final Subdivision Map or other authorization of the City or County allowing the Parcel to be used for residential purposes. “Proportionately” means that the ratio of the Annual Special Tax to the Maximum Annual Special Tax is equal for all Taxable Parcels levied within the CFD. “Public Parcel” means any Parcel, in its entirety, that is or is intended to be publicly owned and is normally exempt from the levy of general ad valorem property taxes under California law, including, but not limited to, public streets, schools, parks, fire stations, police stations, and public drainage ways; public landscaping, wetlands, greenbelts, and public open space. These parcels are exempt from the levy of Special Taxes and classified as Tax -Exempt Parcels. “Residential Parcel” means a Taxable Parcel that does have authorized residential use. A Residential Parcel is further classified as either a Single -Family Residential or a Multi -Family Residential Parcel depending on the type of residential use authorized for the Parcel. Once classified as a Resid ential Parcel, no Parcel shall be removed from the Residential Parcel classification unless the Building Permit or other authorization expires, is revoked, or is otherwise terminated.
“Resolution of Formation” means the City Council resolution establishing the CFD and authorizing the levy the Special Tax.
“Single-Family Residential Parcel” means a Residential Parcel with authorized residential use to consist of one Dwelling Unit that may or may not share common walls with one or more other Dwelling Unit(s), including, but not limited to, detached homes, duplexes, triplexes, townhomes, condominiums, and other Residential Parcels that are for sale to an end user and are not under common management.
“Special Tax” means any Special Tax authorized to be levied i n the CFD under the Act and the Resolution of Formation.
“Special Tax Requirement” means the amount, as determined by the CFD Administrator, for any Fiscal Year to: (i) pay the costs for the operation, maintenance and services of the Authorized Facilities and Services during such Fiscal Year based upon the service levels established at the time of formation or as may be amended by the City in the future, (ii) pay Administrative Expenses associated with the Special Tax, (iii) establish or replenish the Opera ting Reserve Fund, (iv) establish or replenish the Capital Replacement Reserve Fund(s), (v) pay incidental expenses related to the Authorized Facilities and Services as authorized pursuant to the Act, and less (vi) any excess ITEM 9.7.

ATTACHMENT 3
Exhibit B to the Resolution

funds available in the Operati ng Reserve Fund, the Capital Replacement Reserve Fund(s), or other funds associated with the CFD as determined by the CFD Administrator. “Tax Escalation Factor” means an annual percentage increase equal to the greater of (i) the annual average Consumer Pri ce Index (CPI), for San Francisco -Oakland-San Jose, All Urban Consumers (CPI-U) for the prior calendar year, or (ii) three percent (3%). If the CPI listed above is no longer published, the Administrator shall select a new tax escalation factor that is reas onably comparable to the CPI that is no longer published.
“Taxable Parcel” means any Parcel that is not a Tax -Exempt Parcel. “Tax-Exempt Parcel” means a Parcel not subject to the Special Tax. Tax -Exempt Parcels are Public Parcels (subject to the limitation s set forth in Section B), or privately owned Parcels that are non-developable, such as common areas, wetlands, and open space, all of which are exempt from the levy of Special Taxes as determined by the City.
“Tax Zone” means one of two (2) mutually exclu sive tax zones identified in Exhibit 1 of this Rate and Method of Apportionment, which may be updated to include new assessor’s parcels or new Tax Zones added to the CFD as a result of future annexations. “Tax Zone A” means the Tax Zone that includes parc els located in a development that has local neighborhood greens within such development that will be maintained by the City. “Tax Zone B” means the Tax Zone that includes parcels located in a development that does not have local neighborhood greens within such development or has local neighborhood greens that will be maintained by an entity or agency other than the City. “Total Annual Special Tax” means the total of the Annual Special Taxes levied against all Residential Parcels in the CFD in a Fiscal Year.
“Total Maximum Annual Special Tax” means the total of the Maximum Special Taxes that could be levied against all Residential Parcels in the CFD in a Fiscal Year. “Undeveloped Residential Parcel” means any residential parcel for which a building permit has not been issued by the City prior to the start of the current Fiscal Year.

B. Data Collection for the Annual Special Tax Levy
On July 1 of each Fiscal Year, commencing with the Base Year, the Administrator shall classify the Parcels in the CFD using the Definitions in Section A, the Parcel records of the Assessor’s secured property tax roll as of July 1 and other City or County development approval records as follows:
i. Each Parcel shall be assigned to either Tax Zone A or Tax Zone B; ii. Each Parcel shall be c lassified as a Taxable Parcel or a Tax -Exempt Parcel;
iii. Each Taxable Parcel shall be further classified as a Residential Parcel or an Other Land Use Parcel;
ITEM 9.7.

ATTACHMENT 3
Exhibit B to the Resolution

iv. Each Residential Parcel for shall be classified as a Single -Family Residential Parcel or a Multi -Family Residential Parcel; v. Each Residential Parcel that meets the criteria for an Age -Qualified Residential Parcel shall be further designated as either an Age -Qualified Single Family Residential Parcel or an Age -Qualified Multi -Family Residential Parcel
If a Tax -Exempt Parcel is converted to a Taxable Parcel as a result of the sale of a Tax -Exempt Parcel to a private owner for residential development, it shall become subject to the Special Tax.

Conversely, if a Taxable Parcel is converted to a Tax -Exempt Parcel as a result of either (i) the sale of the Taxable Parcel to a public entity, and such entity is normally exempt from the levy of general ad valorem prop erty taxes under California law or (ii) the inability of the private owner to develop the parcel as described in the definition of “Tax -Exempt Parcel,” it shall become a Tax -Exempt Parcel.

C. Maximum Special Tax Rates
The annual Maximum Special Tax Rates for Residential Parcels for Base Year 2018/19 are as follows:

Residential Land Use
Maximum Special Tax per Dwelling
Unit
Tax Zone A Tax Zone B
Single-Family Residential Parcel
Age-Qualified Single Family
Residential Parcel
Multi-Family Residential Parcel
Age-Qualified Multi -Family
Residential Parcel
$115.84
$78.54
$60.48
$41.01
$28.49
$19.32
$14.88
$10.09
For each Fiscal Year following the Base Year, each of the Maximum Annual Special Tax Rates shall be increased from the prior Fiscal Year’s respective Maximum Annual Special Tax Rates by multiplying such prior Fiscal Year Maximum Special Tax Rates by the Ta x Escalation Factor.

D. Determination of Multi -Family Residential Parcel’s Maximum Annual Special Tax When a building permit is issued for a Multi -Family Residential Parcel, the Maximum Annual Special Tax for the Parcel for which such building permit has bee n issued for each Fiscal Year shall be determined by multiplying the number of Dwelling Units assigned to the Parcel times the Maximum Special Tax Rate for the Parcel as determined in Section C.

ITEM 9.7.

ATTACHMENT 3
Exhibit B to the Resolution

E. Levy of the Annual Special Tax
Each year, the CFD Administrator shall levy the Annual Special Tax commencing with Fiscal Year 2018-2019, and for each Fiscal Year thereafter as follows:
i. Each Year on July 1, the CFD Administrator shall determine the Special Tax Requirement for the curre nt Fiscal Year.
ii. The Annual Special Tax shall be levied proportionately on each Developed Residential Parcel within each Tax Zone up to 100% of the applicable Maximum Annual Special Tax, not to exceed the Special Tax Requirement for the current Fiscal Yea r. iii. If additional revenue is required to equal the Special Tax Requirement for the current Fiscal Year, the Annual Special Tax shall be levied proportionately on Undeveloped Residential Parcels up to 100% of the Maximum Annual Special Tax, not to exceed the re mainder of the Annual Special Tax Requirement for which a Final Subdivision Map has been approved and Authorized Facilities have been accepted for maintenance by the City.

Under no circumstances will the Annual Special Tax levied in any Fiscal Year agains t any Residential Parcel be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the CFD by more than 10 percent above the amount that would have been levied in that Fiscal Year had there never b een any such delinquencies or defaults.

F. Manner of Collection
The Annual Special Tax will be collected in the same manner and at the same time as ad valorem property taxes, provided, however, that the Administrator or its designee may directly bill the Annu al Special Tax and may collect the Annual Special Tax at a different time, such as on a monthly or other periodic basis, or in a different manner, if necessary, to meet the City’s financial obligations.

The Administrator shall prepare a listing of the amou nt of the of the Annual Special Tax levy for each Taxable Parcel and send it to the County Auditor -Controller requesting that it be placed on the County’s secured property tax roll for that Fiscal Year.

G. Limitations
Notwithstanding any other provision of th is Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on any Other Land Use Parcel, Public Parcel or Tax -Exempt Parcel.

H. Duration of the Special Tax
Parcels in the CFD will remain subject to the Special Tax in perpetuity, unless and until such time the City determines the revenues are no longer needed, in which case the Special Tax shall cease to be levied and City shall direct the County Recorder to record a Notice of Cessation of Special Tax. Such notice will state that the obl igation to pay the Special Tax has ceased and that the lien imposed by the Notice of Special Tax Lien is extinguished. The Notice of Cessation of Special Tax ITEM 9.7.

ATTACHMENT 3
Exhibit B to the Resolution

shall additionally identify the book and page of the Book of Maps of Assessment and Community Facilities Districts where the map of the boundaries of the CFD is recorded.

I. Appeals
Any taxpayer who believes that the amount of the Special Tax assigned to a Parcel is in error may file a notice with the City appealing the levy of the Special Tax. The City w ill then promptly review the appeal, and if necessary, meet with the applicant. If the City verifies that the Special Tax should be modified or changed, the Special Tax levy shall be corrected and, if applicable, a refund or revised tax bill shall be grant ed for the current Fiscal Year.

Interpretations may be made by Resolution of the City Council for purposes of clarifying any vagueness or ambiguity as it relates to the Maximum Annual Special Tax Rate, the method of apportionment, the classification of pro perties or any defini tion applicable to the CFD.

J. Prepayment of the Special Tax Obligation
The Special Tax for a Taxable Parcel may not be prepaid. The Special Tax is collected to fund Authorized Facilities and Services in perpetuity, or until the City Council determines that the Special Tax should no longer be collected.

ITEM 9.7.

ATTACHMENT 3
Exhibit B to the Resolution

Rate and Method of Apportionment
EXHIBIT 1

TAX ZONE DESIGNATIONS

CFD Boundary

Development Boundary Line
Grant Line 208

TAX ZONE A
Douglas 98

TAX ZONE B
Sunridge Lot J

TAX ZONE A
ITEM 9.7.

ATTACHMENT 3
Exhibit B to the Resolution

EXHIBIT C
COMMUNITY FACILITIES DISTRICT NO. 2018-2
(COMMUNITY PLACES AND NEIGHBORHOOD GREENS)

OF THE CITY OF RANCHO CORDOVA
NAMES OF OWNER(S) AND THE ASSESSOR’S PARCEL NUMBER(S)

067-2420-002 AG EHC II (HOV) CA 1 LP
067-2410-004 AG EHC II (HOV) CA 1 LP
067-2410-005 AG EHC II (HOV) CA 1 LP
067-2410-001 K. HOVNANIAN AT JAEGER RANCH, LLC
067-2410-002 K. HOVNANIAN AT JAEGER RANCH, LLC
067-2410-003 K. HOVNANIAN AT JAEGER RANCH, LLC
067-2410-006 K. HOVNANIAN AT JAEGER RANCH, LLC
067-2410-007 K. HOVNANIAN AT JAEGER RANCH, LLC
067-2410-008 K. HOVNANIAN AT JAEGER RANCH, LLC
067-2420-003 K. HOVNANIAN AT JAEGER RANCH, LLC
067-2420-004 K. HOVNANIAN AT JAEGER RANCH, LLC
067-2420-005 K. HOVNANIAN AT JAEGER RANCH, LLC
067-2420-006 K. HOVNANIAN AT JAEGER RANCH, LLC

ASSESSOR PARCEL
NUMBER

NAME OF PROPERTY OWNERS
ITEM 9.7.

ATTACHMENT 3
Exhibit B to the Resolution

MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 9.8.

DATE: September 6, 2022

TO: Honorable Mayor and Council Members

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

SUBJECT: A RESOLUTION APPROVING THE ANNEXATION OF A PORTION OF

THE RANCH PROJECT TO THE CITY OF RANCHO CORDOVA
COMMUNITY FACILITIES DISTRICT NO. 2014-2 (STREET, LIGHTING,

AND LANDSCAPE MAINTENANCE)

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would approve the revised Annexation Map No. 11 for a portion of The Ranch project to Community Facilities District No. 2014-2 (Street, Lighting, and Landscaping Maintenance) (hereinafter “CFD No. 2014-2”) and approves the re-recording of the Annexation Boundary Map and the Notice of Special Tax Lien.

BACKGROUND

On April 21, 2014, the City adopted a resolution of intention to establish a Community Facilities District (CFD) and Future Annexation Area for Citywide street, lighting, and landscape maintenance services. On June 2, 2014, the City adopted the resolution forming CFD No. 2014-2 pursuant to the Mello-Roos Community Facilities Act of 1982 (State of California Government Code Section 5311 et seq.) (the “Act”). The action defining the Future Annexation Area for the District provided for a more efficient process for the annexation of property when the property owners have provided unanimous consent. Defining the future annexation area provided the resolution of intention, noticing, and public hearing for the entire future annexation area, so these steps do not need to be repeated for each annexation.

The annexation process for projects within the future annexation area is streamlined to receiving a petition and waiver from the property owner(s), the City Council approving the Annexation Boundary Map by resolution, followed by the recording of the Annexation Boundary Map and Notice of Special Tax Lien by the City Clerk.

DISCUSSION

The project included in this action was conditioned to annex to CFD No. 2014-2 to provide

City Council Staff Report - Page 2 of 2

funding for maintenance services including the maintenance, repair, replacement and lighting of public streets, roads, landscape, and appurtenant facilities in the public right of way. The property owners signed a unanimous approval of the annexation to CFD No. 2014-2. On November 15, 2021, the City Council adopted a Resolution approving Annexation Boundary Map No. 11 for the project and directing the City Clerk to execute and record the Map and Notice of Special Tax Lien for the project.

Subsequently, errors with the parcel numbers on the previously recorded documents triggered the need to revise the Annexation Boundary Map and the associated Notice of Special Tax Lien (NSTL). The attached Resolution, once approved, will replace the previously adopted Resolution such that the corrected Annexation Boundary Map and NSTL will be re-recorded.

The property owners also re-signed the corrected unanimous approval documents.

FISCAL IMPACT AND FUNDING SOURCE

There is no impact to the City's General Fund.

ATTACHMENT(S)

1. Resolution

2. Exhibit A to the Resolution-Annexation Boundary Map

3. Exhibit B to the Resolution-Notice of Special Tax Lien-CFD 2014-2

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 BOUNDARY MAP FOR A PORTION OF THE RANCH

PROJECT ANNEXATION TO THE CITY OF RANCHO CORDOVA COMMUNITY FACILITIES DISTRICT NO. 2014-2 (STREET, LIGHTING, AND LANDSCAPE MAINTENANCE)

WHEREAS, the Conditions of Approval for The Ranch project requires the property owner/applicant to participate in the provision of funding to provide fair share maintenance of any existing and all new public improvements associated with the project; and

WHEREAS, on April 21, 2014, the City adopted Resolution No. 20-2014 declaring its intention to establish Community Facilities District No. 2014-2 (Street, Lighting, and Landscape Maintenance) (the “District”) and Future Annexation Area for maintenance of street, lighting, and landscape maintenance services. On June 2, 2014, the City adopted Resolution No. 34-2014 forming CFD No. 2014-2 pursuant to the Mello-Roos Community Facilities Act of 1982 (State of California Government Code Section 5311 et seq.) (the “Act”); and

WHEREAS, the action defining the Future Annexation Area for the District provided for a more efficient process for the annexation of property when the property owners have provided for their unanimous consent such that the annexation process for projects within the Future Annexation Area has been reduced to receiving a petition, consent and waiver from the property owner(s); and

WHEREAS, the property owner executed a unanimous approval form which irrevocably consents to and votes in favor of the annexation of a portion of the property to the District and the levy of the special tax on the property to finance the services of the CFD in accordance with the Rate and Method of the District; and

WHEREAS, in the case of annexation proceedings, pursuant to Streets and Highways Code Section 3110.5 a separate map of the area proposed to be annexed is required to be prepared and adopted; and

WHEREAS, City staff has caused to be prepared Annexation Boundary Map No. 11 for a portion of the property known as The Ranch project, Exhibit A attached hereto, for the annexation of a portion of the property to CFD No. 2014-2 (Street, Lighting, and Landscape Maintenance).

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

1. The Council so finds and determines the above recitals are true and correct.

2. Council approves the amended Annexation Boundary Map No. 11 and finds and determines that the territory shown in the amended Annexation Boundary Map is hereby added to and made a part of the District with full legal effect.

3. The City Clerk is directed to execute and record the amended Annexation Boundary Map No. 11 in the office of the County Recorder of Sacramento County no later than 15 days after the adoption of this resolution.

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

4. The City Council finds and determines that a special tax shall be levied within the Territory to be annexed and which special tax shall be the same as the tax to be levied within the District.

Collection of said tax shall commence in Fiscal Year 2022-2023, and the rate and method of apportionment of said tax shall be as set forth in the Resolution of Formation of the District.

5. The City Clerk is directed to execute and re-record an amended Notice of Special Tax Lien in substantially the same form as shown in Exhibit B attached hereto, in the office of the County Recorder of Sacramento County no later than 15 days after recordation of the amended Annexation Boundary Map No. 11.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 6th day of September 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Donald Terry, Mayor

Stacy Leitner, CMC
City Clerk

APN
067-2410-001

CHRYSANTHY BLVD
APN
067-2410-002
APN
067-2420-003
APN
067-2420-002
APN
067-2410-004
APN
067-2410-003

EXEMPT PARK APN
067-2410-008
APN
067-2410-007
APN
067-2410-005
APN
067-2420-005
APN
067-2420-006
APN
067-2410-006
APN
067-2420-004

EXEMPT OPEN SPACE

EXEMPT OPEN SPACE

RANCHO CORDOVA PKWY

AMENDED PROPOSED BOUNDARY MAP
City of Rancho Cordova
Community Facilities District No. 2014-2
ANNEXATION 11 (The Ranch)
County of Sacramento, California
Sheet ____ of ____1 1

AMENDED PROPOSED BOUNDARY OF
ANNEXATION 11
(THE RANCH) TO

CITY OF RANCHO CORDOVA
COMMUNITY FACILITIES DISTRICT NO. 2014-2

COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
!
1 " = 375 '
Legend
Annexation Boundary

HARRIS & ASSOCIATES
22 EXECUTIVE PARK, SUITE 200
IRVINE, CALIFORNIA 92614
800-827-4901

REFERENCE THE SACRAMENTO COUNTY ASSESSOR'S MAPS FOR A DETAILED DESCRIPTION OF PARCEL LINES AND DIMENSIONS

SUNRISE BLVD

DOUGLAS RD

KIEFER BLVD

NIKE RD

GRANT LINE RD
US 50

WHITE ROCK RD

VICINITY MAP

ANNEXATION

LOCATION

THIS MAP AMENDS AND CORRECTS THE APNS AS

STATED IN THE MAP PREVIOUSLY RECORDED ON
NOVEMBER 17, 2021 IN BOOK 135 OF MAPS OF

ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS
PAGE NO. 38 AND INSTRUMENT/FILE NO.
202111171302 IN THE OFFICE OF THE COUNTY

RECORDER IN THE COUNTY OF SACRAMENTO, STATE

CLERK'S MAP STATEMENT
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF RANCHO CORDOVA THIS ______ DAY OF ______________ 2022. _____________________________________________

CITY CLERK OF THE CITY OF RANCHO CORDOVA

CLERK'S MAP STATEMENT
I HEREBY CERTIFY THAT THE AREA SHOWN ON THIS MAP OF THE PROPOSED ANNEXATION 11 TO COMMUNITY FACILITIES DISTRICT NO. 2014-2, (STREET MAINTENANCE, LIGHTING AND LANDSCAPING), CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO,

STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA AT A REGULARLY SCHEDULED MEETING THEREOF, HELD ON THE ____ DAY OF ______________ 2022. BY ITS RESOLUTION NO. _____________. _____________________________________________

CITY CLERK OF THE CITY OF RANCHO CORDOVA

COUNTY RECORDER'S FILING STATEMENT
FILED THIS ______ DAY OF ________________ 2022. AT THE HOUR OF ___________ O'CLOCK ____.M. IN BOOK _______ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS PAGE NO. _____ IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF SACRAMENTO, STATE OF CALIFORNIA.

DONNA ALLRED
BY: ___________________________________________________ DEPUTY
FILE: ___________________________________________________

COUNTY RECORDER OF THE COUNTY OF SACRAMENTO, CALIFORNIA ITEM 9.8.

ATTACHMENT 2
Exhibit A to the Resolution

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, California 95670
Attention: City Clerk
______________________________________________________________________

AMENDED NOTICE OF SPECIAL TAX LIEN
Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code and Section 53328.3 of the Government Code, the undersigned clerk of the legislative body of the City of Rancho Cordova (the “City”), State of California, hereby gives notice that a lien to secure payment of special taxes is hereby imposed by the City Council of the City. The special taxes secured by this lien are authorized to be levied for the purpose of providing services as described in Exhibit A attached hereto and hereby made a part hereof.

The special taxes are authorized to be levied within Annexation Boundary Map No. 11 (the “Annexed Area”) of the City of Rancho Cordova Community Facilities District No. 2014-2 (Street, Lighting, and Landscape Maintenance) (the “District”), which has now been officially annexed to the District, and the lien of the special taxes are a continuing lien which shall secure each annual levy of the special taxes and which shall continue in force and effect until the spe cial taxes cease to be levied and a notice of cessation of special taxes is recorded in accordance with Section 53330.5 of the Government Code.

The rate, method of apportionment, and manner of collection of authorized special tax is as set for th in Exhibit B attached hereto and hereby made a part hereof .

The obligation to pay the specia l tax may not be prepaid and permanently satisfied and the lien of the special taxes canceled.

Notice is further given that upon the recording of this notice in the office of the county recorder, the obligation to pay the special tax levies shall become a lien upon all nonexempt real property within the District in accordance with Section 3115.5 of the Streets and Highways Code.

The name of the owner and the asses sor’s tax par cel number(s) of the real property included within the District and not exempt from the special tax are as set forth in Exhibit C attached hereto.

Reference is hereby made to the Notice of Special Tax Lien with respect to the District recorded on June 17, 2014, as Document No. 20140617 page 353, in the office of the County Clerk & Recorder of the County of Sacramento, California, which contains ITEM 9.8.

ATTACHMENT 3
Exhibit A to the Resolution

2 a list of the then existing owners and assessor tax parcel numbers of the original boundaries of the District.

Reference is made to the boundary map of the District recorded at Book 116, Pages 0 023-0024, Document No. 20140430 Pg0873 of Maps and Assessment and Community Facilities Districts in the Office of the County Recorder for the County of Sacramento, State of California ( the “ Original Boundary Map”), and the map of the Annexed Territory rec orded at Book 133, Page 5, Document No. 202103290293 in the Office of the County Recorder for the County of Sacramento, State of California, which map together wi th the Origina l Boundary Map and the boundary maps of record for all prior annexations, are n ow the final boundary maps of the Community Facilities District including the Annexed Territory.

For further information concerning the current and estimated futu re tax liability of owners or purchasers of real property subject to this special tax lien, i nterested persons should contact the Department of Public Works of the City of Rancho Cordova, 2729 Prospect Park Drive, Rancho Cordova, California 95670, (916) 851-8710.

Dated: ___________________________ ________________________________

CITY CLERK OF THE CITY OF

RANCHO CORDOVA

ITEM 9.8.

ATTACHMENT 3
Exhibit A to the Resolution

3 EXHIBIT A

CITY OF RANCHO CORDOVA
COMMUNITY FACILITIES DISTRICT NO. 2014-2
(Streets, Lighting, and Landscape Maintenance)

DESCRIPTION OF DISTRICT MAINTENANCE SERVICES

Description of services:

Maintenance of public street, lighting, and landscape improvements

• Maintenance means the furnishing of services and materials for the replacement of public street, lighting and landscaping improvements, and appurtenant facilities, including the administration and overhead related to the maintenance activities.

Reserve Fund

• The CFD special taxes may be collected and set-aside in designated funds, collected over several years, that may be used by the CFD to fund future replacement of public streets, lighting and landscaping improvements and other services as determined by the CFD.

ITEM 9.8.

ATTACHMENT 3
Exhibit A to the Resolution

1 EXHIBIT B

CITY OF RANCHO CORDOVA
COMMUNITY FACILITIES DISTRICT NO. 2014-2
(STREET, LIGHTING, AND LANDSCAPE MAINTENANCE)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

A Special Tax applicable to each Assessor’s Parcel in Co mmunity Facilities District No. 2014 -2 (Street, Lighting, and Landscape Maintenance) shall be levied and collected according to the tax liability determined by the City Council, acting in its capacity as the legislative body of CFD No. 2014-2, through the application of the appropriate Special Tax rate, as described below. All of the property in CFD No. 201 4-2, unless exe mpted by l aw or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 2014 -2 unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre or Acreag e” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final subdivision map, a final parcel map, a final approved condominium plan, or functionally equivalent final map or instrument recorded in the Office of the County Recorder. If the area sh own on said map is in square footage, Acreage shall be calculated by dividing the square footage by 43,560.

“Additional Load and Decorative Lighting Parcel” means any Parcel that is determined by the City to be both an Additional Load Parcel and a Decorative Lighting Parcel. “Additional Load Parcel” means any Parcel of Commercial Property or Industrial Property that is determined by the City to create excessive wear and tear on the roadways and/or a high volume of vehicular traffic.
“Administrative Expenses” means the costs incurred by the City to determine, levy and collect the Special Tax, including salaries of City employees and fees of consultants and the costs of collecting installments of the Special Taxes upon the general tax rolls, preparation of required reports, and any other costs required to administer the CFD. “Administrator” means the person or firm designated by the City t o administer the Special Taxes according to this Rate and Method of Apportionment of Special Tax. “Annual Escalation Fa ctor” means the annual percentage increase in the McGraw-Hill Engineering News Record Construction Cost Index (ENR CCI) for the San Fran cisco area from January of the previous year to January of the year that the Special Tax is levied. In t he event that t he ITEM 9.8.

ATTACHMENT 3
Exhibit A to the Resolution

2 ENR CCI defined above is no longer reported, the City Council shall select a similar index to replace it.

“Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel number.

“Assessor’s Parcel Map” means an official map of the County Assessor designating parcels by Assessor’s Parcel number.
“Authorized Services” means the public services authorized to be funded by CFD No. 2014 -2 as set forth in the documents adopted by the City Council when the CFD was formed. “CFD” or “CFD No. 2014-2” means the City of Rancho Cordova Community Facilities District No. 2014-2 (Street, Lighting, and Landscaping Maintenance). “City” means the City of Rancho Cordova.
“City Council” means the City Council of the City of Rancho Cordova, acting as the legislative body of CFD No. 2014-2.
“Commercial Property” means, in any Fiscal Year, all Deve loped Property for which a building permit or use permit has been issued for a commercial establishment which includes, but is not limited to, retail stores, clothing stores, bookstores, convenience stores, drug stores, professional services (i.e., barber shops, dry cleaners), restaurants, supermarkets, hospitals, movie theaters, appliance and electronics st ores, home supply stores, auto parts stores, and other retail uses. The City shall make the determination if a Parcel is Commercial Property. “County” means the County of Sacramento.
“Decorative Lighting Parcel” means any Parcel of Developed Property th at is determine d by the City to have or benefit from decorative lighting features. “Developed Property” means, in any Fiscal Year, all Parcels of Taxa ble Property for which a use permit or building permit for new construction of a residential or non -residential structure (which s hall not include a permit issued solely for construction of the foundation if another permit remains to be issued for vertical construction of the building) was issued prior to June 30 of the preceding Fiscal Year.
“Fiscal Year” means the period starting on July 1 and ending on the following June 30. “Hotel Property” means, in any Fiscal Year, all Developed Property for which a building permit or use permit has been issued for a structure that constitutes a place of lodging providing sleeping accommodations and related facilities for travelers.
“Industrial Property” means, in any Fiscal Year, all Developed Property for which a building permit or use permit has been issued for construction of an industrial, manufacturing, or warehousing structure. The City shall make the determination if a Parcel is Industrial Property.

ITEM 9.8.

ATTACHMENT 3
Exhibit A to the Resolution

3 “Maximum Special Tax” means the greatest amount of Special Tax that can be levied on an Assessor’s Parcel in any Fiscal Year determined in accordance with Section C below.

“Multi-Family P roperty” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit or use permit has been issue d for construction of a residential structure with five (5) or more Units that share a single Assessor’s Parcel number, all of which are offered for rent to the general public and cannot be purchased by individual homebuyers. “Non-Residential Property” means, collectively, Commercial Property, Hotel Property, Industrial Property, and Office Property.
“Office Property” means, in a ny Fiscal Year, all Parcels of Developed Property for which a building permit or use permit has been issued for a building in which professional, banking, insurance, real estate, administrative or in -office medical or dental activi ties are conducted. The City shall make the determination if a Parcel is Office Property. “Ordinary Use Parcel” means any Parcel of Taxable Property that is not an Additional Load Parcel, Decorative Lighting Parcel, Residential Alley Parcel, Additional L oad and Decorat ive Lighting Parcel, or Residential Alley and Decorative Lighting Parcel. “Proportionately” means that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Parcels of Developed Property.
“Public Property” means any property within the boundaries of CFD No. 2014 -2 that is owned by the federal government, State of California, County, City, or other public agency. “Residential Alley and Decorative Lighting Parcel” means any Parcel that is determined by the City to be both a Residential Alley Parcel and a Decorative Lighting Parcel. “Residential Alley Parcel” means any Parcel of Residential Property that is d etermined by the City to have residential alleys that are part of the public roadways. “Residential Prop erty” means, co llectively, Single Family Attached Property, Single Family Detached Property, and Multi-Family Property.
“Single Family Attached Proper ty” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit was issued f or construction of a residential structure consisting of two (2) to four (4) Units that share common walls, have separate Assessor’s Parcel numbers assigned to them (except for a duplex unit, which may share an Assessor’s Parcel with another duplex unit), and are offered as for-sale Units (which shall still be the case even if the Units are purchased and subsequently offered for rent by the owner of the Unit(s)), including such residential structures that meet the statutory definition of a condominium conta ined in Civil Code Section 1351.
“Single Family Detached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building p ermit was issued for construction of a Unit that does not share a common wall with another Unit.

ITEM 9.8.

ATTACHMENT 3
Exhibit A to the Resolution

4 “Soundwall Parcel” means any Parcel of Developed Property whose tract boundary is encompassed by soundwalls maintained within the CFD.
“Special Tax Requirement” means the amount of revenue needed in any Fiscal Year to pay for the following: (i) Authorized Service s, (ii) Administrative Expenses, and (iii) amounts needed to cure any delinquencies in the payment of Special Taxes which have occurred or (based on delinquency rates in prior years) may be expected to occur in the Fiscal Year in which the tax will be collected.
“Special Tax” means a special tax levied in any Fiscal Year on property within CFD No. 2014 -2 to pay the Special Tax Requirement.
“Square Foot ,” “Square Footage,” or “Square Feet” means the building square footage reflected on the original building permit issued for construction of a building. “Taxable Property” means all Assessor’s Parcels within the boundaries of CFD No. 2014 -2 which are not exempt from the Special Tax pursuant to law or Section E below. “Taxable Public Property” means, in any Fiscal Year, all Assessor’s Parcels in CFD No. 2014- 2 that had, in prior Fiscal Years, been taxed as Developed Property and subsequently came under the ownership of a public agency.
“Tax Zone” means a mutually exclusive tax zone identified in Attachment 1 of this Rate and Method of Apportionment of Special Tax, as may be updated to include new Parcels or new tax zones added to the CFD as a result of future annexations.

“Unit” means an individual single-family detached unit or an individual residential uni t within a duplex, triplex, fourplex, townhome, condominium, or apartment structure. Unit shall also mean a rentable single hotel room or rentable unit on a Parcel of Hotel Property.

B. DATA COLLECTION FOR ANNUAL TAX LEVY
Each Fiscal Year, the Administr ator shall iden tify the current Assessor’s Parcel number for all Parcels of Taxable Property within CFD No. 2014 -2 and shall determine within which Tax Zone each Assessor’s Parcel is located. Upon each annexation of property into CFD No. 2014 -2, the Administrator shall update Attachment 1 to include the new Assessor’s Parcel number(s). In addition, for all Parcels of Developed Property, if applicable to the Tax Zone in which the Parcels are located, the Administrator shall determine if each Parcel is an O rdinary Use Par cel, a n Additional Load Parcel, a Residential Alley Parcel, a Decorative Lighting Parcel, an Additional Load and Decorative Lighting Parcel, or a Residential Alley and Decorative Lighting Parcel.

Based on review of building permit records f or property within the CFD, the Administrator shall determine which Parcels in the CFD are Developed Property for purposes of levying the Special Tax pursuant to Section D below. For Single Family Attached Property, Multi -Family Property, and Hotel Propert y, the number o f Units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan for the property. For Residential Property, the Administrator shall determine the Square Footage of each Unit. For Non - ITEM 9.8.

ATTACHMENT 3
Exhibit A to the Resolution

5 Residential Property, the Administrator shall determine the Acreage of, and Square Footage on, each Parcel.

If a Parcel in the CFD is rezoned prior to su ch Parcel becoming Developed Property, the City may in its sole discretion, move the Parcel to a differen t Tax Zone base d on t he rezone. If a Parcel rezones after the Parcel has been taxed as Developed Property in prior Fiscal Years, the City can either continue to apply the Maximum Special Tax to the Parcel that had applied prior to the rezone or, in the Ci ty’s sole discr etion, allow for the Parcel to be moved to a different Tax Zone based on the rezone.

In any Fiscal Year, if it is determined that (i) a parcel map for a portion of property in CFD No. 2014-2 was recorded after January 1 of the prior Fiscal Year (or any ot her date after which the Assessor will not incorporate the newly-created Parcels into the then current tax roll), (ii) because of the da te the parcel map was recorded, the Assessor does not yet recognize the new Parcels created by the parcel map, and (iii) one or more of the newly-created Parcels meets the definition of Developed Property, the Administrator shall calculate the Special Tax for the property affected by recordation of the parcel map by determining the Special Tax that applies se parately to eac h newly-created Parcel, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the parcel map.

C. MAXIMUM SPECIAL TAX

1. All Tax Zones
The following Maximum Special Taxes apply to all Parce ls of Developed Property within each Tax Zone of CFD No. 2014-2, unless otherwise specified in Attachment 1. a. Ordinary Use Parcels

MAXIMUM SPECIAL TAXES

ORDINARY USE PARCELS
(FISCAL YEAR 2014-15)
Single Family Detached Property $374.78 per Unit
Single Family Attached Property $296.07 per Unit
Multi-Family Property $213.62 per Unit
Commercial Property $559.17 per 1,000 Square Feet
Hotel Property $221.12 per Unit
Industrial Property $168.65 per 1,000 Square Feet
Office Property $558.42 per 1,000 Square Feet
Maximum Special TaxLand Use Class

On each July 1, commencing July 1, 2015, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.

ITEM 9.8.

ATTACHMENT 3
Exhibit A to the Resolution

6 b. Residential Alley Parcels

MAXIMUM SPECIAL TAXES

RESIDENTIAL ALLEY PARCELS
(FISCAL YEAR 2014-15)
Single Family Detached Property $406.87 per Unit
Single Family Attached Property $321.43 per Unit
Multi-Family Property $231.92 per Unit
Commercial Property N/A
Hotel Property N/A
Industrial Property N/A
Office Property N/A
Maximum Special TaxLand Use Class

On each July 1, commencing July 1, 2015, the Maximum Special Taxes show n above shall b e increased by the Annual Escalation Factor.

c. Decorative Lighting Parcels

MAXIMUM SPECIAL TAXES

DECORATIVE LIGHTING PARCELS
(FISCAL YEAR 2014-15)
Single Family Detached Property $380.51 per Unit
Single Family Attached Property $300.60 per Unit
Multi-Family Property $216.89 per Unit
Commercial Property $567.72 per 1,000 Square Feet
Hotel Property $224.50 per Unit
Industrial Property $171.23 per 1,000 Square Feet
Office Property $566.96 per 1,000 Square Feet
Maximum Special TaxLand Use Class

On each July 1, commencing July 1, 2015, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.

ITEM 9.8.

ATTACHMENT 3
Exhibit A to the Resolution

7 d. Additional Load Parcels

MAXIMUM SPECIAL TAXES

ADDITIONAL LOAD PARCELS
(FISCAL YEAR 2014-15)
Single Family Detached Property N/A
Single Family Attached Property N/A
Multi-Family Property N/A
Commercial Property $580.39 per 1,000 Square Feet
Hotel Property N/A
Industrial Property $175.05 per 1,000 Square Feet
Office Property N/A
Land Use Class Maximum Special Tax

On each July 1, commencing July 1, 2015, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.
e. Soundwall Parcels

MAXIMUM SPECIAL TAXES

SOUNDWALL PARCELS
(FISCAL YEAR 2014-15)
Single Family Detached Property $390.71 per Unit
Single Family Attached Property $308.66 per Unit
Multi-Family Property $222.70 per Unit
Commercial Property $582.94 per 1,000 Square Feet
Hotel Property $230.52 per Unit
Industrial Property $175.82 per 1,000 Square Feet
Office Property $582.16 per 1,000 Square Feet
Land Use Class Maximum Special Tax

On each July 1, commencing July 1, 2015, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.

ITEM 9.8.

ATTACHMENT 3
Exhibit A to the Resolution

8 f. Additional Load and Decorative Lighting Parcels

MAXIMUM SPECIAL TAXES

ADDITIONAL LOAD AND DECORATIVE LIGHTING PARCELS
(FISCAL YEAR 2014-15)
Single Family Detached Property N/A
Single Family Attached Property N/A
Multi-Family Property N/A
Commercial Property $588.94 per 1,000 Square Feet
Hotel Property N/A
Industrial Property $177.63 per 1,000 Square Feet
Office Property N/A
Land Use Class Maximum Special Tax

On each July 1 , commencing July 1, 2015, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.

g. Residential Alley and Decorative Lighting Parcels

MAXIMUM SPECIAL TAXES

RESIDENTIAL ALLEY AND DECORATIVE LIGHTING PARCELS
(FISCAL YEAR 2014-15)
Single Family Detached Property $412.60 per Unit
Single Family Attached Property $325.96 per Unit
Multi-Family Property $235.18 per Unit
Commercial Property N/A
Hotel Property N/A
Industrial Property N/A
Office Property N/A
Land Use Class Maximum Special Tax

On each July 1, commencing July 1, 2015, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.

ITEM 9.8.

ATTACHMENT 3
Exhibit A to the Resolution

9 h. Residential Alley and Soundwall Parcels

MAXIMUM SPECIAL TAXES

RESIDENTIAL ALLEY AND SOUNDWALL PARCELS
(FISCAL YEAR 2014-15)
Single Family Detached Property $425.31 per Unit
Single Family Attached Property $336.00 per Unit
Multi-Family Property $242.43 per Unit
Commercial Property N/A
Hotel Property N/A
Industrial Property N/A
Office Property N/A
Land Use Class Maximum Special Tax

On each July 1, commencing July 1, 2015, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.

i. Decorative Lighting and Soundwall Parcels

MAXIMUM SPECIAL TAXES

DECORATIVE LIGHTING AND SOUNDWALL PARCELS
(FISCAL YEAR 2014-15)
Single Family Detached Property $396.30 per Unit
Single Family Attached Property $313.07 per Unit
Multi-Family Property $225.89 per Unit
Commercial Property $591.27 per 1,000 Square Feet
Hotel Property $233.81 per Unit
Industrial Property $178.33 per 1,000 Square Feet
Office Property $590.48 per 1,000 Square Feet
Land Use Class Maximum Special Tax

On each July 1, commencing July 1, 2015, the Maximum Special Taxes shown ab ove shall be increased by the Annual Escalation Factor.

ITEM 9.8.

ATTACHMENT 3
Exhibit A to the Resolution

10 j. Residential Alley, Decorative Lighting, and Soundwall Parcels

MAXIMUM SPECIAL TAXES

RESIDENTIAL ALLEY, DECORATIVE LIGHTING AND SOUNDWALL PARCELS (FISCAL YEAR 2014-15)
Single Family Detached Property $428.15 per Unit
Single Family Attached Property $338.23 per Unit
Multi-Family Property $244.04 per Unit
Commercial Property N/A
Hotel Property N/A
Industrial Property N/A
Office Property N/A
Land Use Class Maximum Special Tax

On each July 1, commenci ng July 1, 2015 , the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.

D. METHOD OF LEVY AND COLLECTION OF SPECIAL TAX
Each Fiscal Year, the Special Tax shall be levied as follows until the amount of the levy equals the Special Tax Requirement for that Fiscal Year:

First: The Special Tax shall be levied proportionately on each Parcel of Developed Property up to 100% of the Maximum Special Tax determined for each category of Developed Property within the CFD and each Ta x Zone until th e amount levied is equal to the Special Tax Requirement for the Fiscal Year.

Second: If additional revenue is needed after the first st ep has been completed, the Special Tax shall be levied proportionately on each Parcel of Taxable Public Property up to 100% of the Maximum Special Tax that would have applied to the Parcel had the Parcel not become Public Property until the amount levied is equal to the Special Tax Requirement for the Fiscal Year.

The Special Tax for CFD No. 2014 -2 shall be collected at the same time and in the same manner as ordinary ad valorem property taxes provided, however, that the City may (under the authority of Government Code Section 53340) collect Special Taxes at a different time or in a different manner if necessary to meet CFD No. 2014-2 financial obligations and the Special Tax shall be equally subject to foreclosure if delinquent.

ITEM 9.8.

ATTACHMENT 3
Exhibit A to the Resolution

11 E. LIMITATIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on (i ) any Parcel of Public Property that is not Taxable Public Property, and (ii) any Parcel in CFD No. 2014-2 that is not Developed Property.

F. DURATION OF SPECIAL TAX
The Special Tax shall be levied in perpetuity to fund the Special Tax Requ irement, unless no longer required as determined at the sole discretion of the City Council.

G. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that do not materially af fect the Rate a nd Met hod of Apportionment of Special Taxes. In addition, the interpretation and application of any section of this document shall be l eft to the City’s discretion. The City may make interpretations by ordinance or resolution for purposes o f clarifying an y vagueness or ambiguity in this Rate and Method of Apportionment of Special Taxes.

ITEM 9.8.

ATTACHMENT 3
Exhibit A to the Resolution

1 ATTACHMENT 1

CITY OF RANCHO CORDOVA
COMMUNITY FACILITIES DISTRICT NO. 2014-2
(STREET, LIGHTING, AND LANDSCAPING MAINTENANCE)

IDENTIFICATION OF TAX ZONES

TAX ZONE 1
Assessor’s Parcels Included
in Tax Zone 1 *
Fiscal Year In
Which Property
Was Added to CFD
No. 2014-2
067-0030-066
067-0030-067
067-0030-069
067-0030-070
067-1020-001
067-1020-002
2013-14

* The property identified by the Assessor’s Parc el Numbers listed above shall remain part of the identified Tax Zone regardless of changes in the configuration of the Assessor’s Parcels or changes to APNs in future Fiscal Years. As APNs change, the City may update Attachment 1 to reflect the most curren t APNs and Tax Zones consistent with the categories of Developed Property set forth in the Rate and Method of Apportionment of Special Tax for CFD No. 2014-2.

Tax Zone 1 – Maximum Special Taxes
The following Maximum Special Taxes apply to all Parcels of D eveloped Property within Tax Zone 1 of CFD No. 2014 -2. These Maximum Special Taxes do not incorporate the long -term maintenance activities which are included as a part of CFD No. 2014-1 (Montelena).

ITEM 9.8.

ATTACHMENT 3
Exhibit A to the Resolution

2 MAXIMUM SPECIAL TAXES

ORDINARY USE PARCELS
(FISCAL YEAR 2014-15)

Single Family
Detached Property $275.49 per Unit $279.85 per Unit
Single Family
Attached Property $217.64 per Unit $221.08 per Unit
Multi-Family Property $157.03 per Unit $159.52 per Unit Commercial Property $210.00 per 1,000 Square Feet $210.00 per 1,000 Square Feet Hotel Property $162.54 per Unit $165.11 per Unit
Industrial Property $123.97 per 1,000 Square Feet $125.93 per 1,000 Square Feet Office Property $210.00 per 1,000 Square Feet $210.00 per 1,000 Square Feet Ordinary Use Parcels
Soundwall and Decorative
Lighting Parcels
Land Use Class Maximum Special Tax
Zone 1
Maximum Special Tax
Zone 1

On each July 1, commencing July 1, 2015, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.

TAX ZONE 2
Fiscal Year in Which
Property Was Added to
CFD No. 2014-2
072-2870-001 through 072-2870-072
072-2880-001 through 072-2880-082
072-2890-001 through 072-2890-088
072-2900-001 through 072-2900-080
072-2910-001 through 072-2910-083
072-2920-001 through 072-2920-069
072-2940-001 through 072-2940-066
072-2950-001 through 072-2950-063
072-2960-001 through 072-2960-065
Assessor's Parcels Included In Tax Zone 2*
2014-15

* The property identified by the Assessor’s Parcel Numbers listed above shall remain part of the identified Tax Zo ne r egardless of changes in the configuration of the Assessor’s ITEM 9.8.

ATTACHMENT 3
Exhibit A to the Resolution

3 Parcels or changes to APNs in future Fiscal Years. As APNs change, the City may update Attachment 1 to reflect the most current APNs and Tax Zones consistent with the categories of Deve loped P roperty set forth in the Rate and Method of Apportionment of Special Tax for CFD No. 2014-2.

Tax Zone 2 – Maximum Special Taxes

The following Maximum Special Taxes apply to all Parcels of Developed Property within Tax Zone 2 of CFD N o. 2014-2. Th ese Maximum Special Taxes include the maintenance of street lighting only.

MAXIMUM SPECIAL TAXES

ORDINARY USE PARCELS
(FISCAL YEAR 2014-15)

Single Family Detached Property $38.00 per Unit
Single Family Attached Property $38.00 per Unit
Multi-Family Property $157.03 per Unit
Commercial Property $210.00 per 1,000 Square Feet
Hotel Property $162.54 per Unit
Industrial Property $123.97 per 1,000 Square Feet
Office Property $210.00 per 1,000 Square Feet
Land Use Class Street Lighting Only
Maximum Special Tax
Zone 2

On each July 1, commencing July 1, 2015, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.

ITEM 9.8.

ATTACHMENT 3
Exhibit A to the Resolution

1 EXHIBIT C
OWNER AND THE ASSESSOR’S TAX PARCEL NUMBER(S)

Parcel No. Property Owner
067-2420-002 AG EHC II (HOV) CA 1 LP
067-2410-004 AG EHC II (HOV) CA 1 LP
067-2410-005 AG EHC II (HOV) CA 1 LP
067-2410-001 K. HOVNANIAN AT JAEGER RANCH, LLC
067-2410-002 K. HOVNANIAN AT JAEGER RANCH, LLC
067-2410-003 K. HOVNANIAN AT JAEGER RANCH, LLC
067-2410-006 K. HOVNANIAN AT JAEGER RANCH, LLC
067-2410-007 K. HOVNANIAN AT JAEGER RANCH, LLC
067-2410-008 K. HOVNANIAN AT JAEGER RANCH, LLC
067-2420-003 K. HOVNANIAN AT JAEGER RANCH, LLC
067-2420-004 K. HOVNANIAN AT JAEGER RANCH, LLC
067-2420-005 K. HOVNANIAN AT JAEGER RANCH, LLC
067-2420-006 K. HOVNANIAN AT JAEGER RANCH, LLC

ITEM 9.8.

ATTACHMENT 3
Exhibit A to the Resolution

MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 9.9.

DATE: September 6, 2022

TO: Honorable Mayor and Council Members

FROM: Michelle Mingay, Senior Finance Analyst

SUBJECT: A RESOLUTION RE-APPROVING THE ANNEXATION OF THE

RANCH SUBDIVISION (MARKET RATE PORTION) INTO THE CITY
OF RANCHO CORDOVA COMMUNITY FACILITIES DISTRICT NO.
2013-2 (POLICE SERVICES)

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would re-approve Annexation Map No. 8 for the Ranch Subdivision (Market Rate Portion) to Community Facilities District No. 2013-2 (Police Services) (hereinafter “CFD No. 2013-2”), and directs the Clerk to execute and record the revised Boundary Map and Notice of Special Tax Lien for the project.

BACKGROUND

On December 17, 2012, the City adopted a resolution of intention to establish a Community Facilities District (CFD) and Future Annexation Area for Citywide police services. On January 22, 2013, the City adopted the resolution forming CFD No. 2013-2 pursuant to the Mello-Roos Community Facilities Act of 1982 (State of California Government Code Section 5311 et seq.) (the “Act”). The action defining the Future Annexation Area for the District provided for a more efficient process for the annexation of property when the property owners have provided for their unanimous consent. Defining the Future Annexation Area provided the resolution of intention, noticing, and public hearing for the entire Future Annexation Area so these steps do not need to be repeated for each annexation.

The annexation process for projects within the Future Annexation Area has been simplified to receiving a petition and waiver from the property owner(s), the City Council approving the Annexation Boundary Map by resolution, followed by the recording of the Annexation Map and Notice of Special Tax Lien by the City Clerk.

In October 2021, the property owners of the Ranch project signed a unanimous approval of the annexation of the project into CFD No. 2013-2. On December 6, 2021, the City Council adopted Resolution 190-2021 approving the annexation and recordation of annexation documents. During the process of preparing the annual tax levy, it was determined the

City Council Staff Report - Page 2 of 2

Assessor Parcel Number ("APN") numbers included on both the boundary map and the notice of special tax lien adopted at the December 6th meeting included a transposition error and were therefore incorrect. Since all of the approval documents included incorrect APN numbers, this item is being brought back for Council approval of the revised boundary map and notice of special tax lien.

FISCAL IMPACT AND FUNDING SOURCE

The project included in this action was conditioned to annex to provide funding for police services. This condition will be met with the annexation of the project into CFD No. 2013-2.

ATTACHMENT(S)

1. Resolution

2. Exhibit A to the Resolution - Revised RC 2013-2 Annex 8 The Ranch Boundary Map

3. Exhibit B to the Resolution - Revised Amendment to Notice Spec Tax

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, REPEALING RESOLUTION NO. 190-2021 AND APPROVING A REVISED

BOUNDARY MAP FOR THE RANCH SUBDIVISION (MARKET RATE PORTION)

ANNEXATION INTO THE CITY OF RANCHO CORDOVA COMMUNITY FACILITIES DISTRICT NO. 2013-2 (POLICE SERVICES)

WHEREAS, the Conditions of Approval for the Ranch Subdivision requires the property owner/applicant to provide funding for police services; and WHEREAS, on December 17, 2012, the City adopted Resolution No. 122-2012 declaring its intention to establish Community Facilities District No. 2013-2 (Police Services) (the “District”) and Future Annexation Area. On January 22, 2013, the City adopted Resolution No. 10-2013 forming CFD No. 2013-2 pursuant to the Mello-Roos Community Facilities Act of 1982 (State of California Government Code Section 5311 et seq.) (the “Act”); and

WHEREAS, the action defining the Future Annexation Area for the District provided for a more efficient process for the annexation of property when the property owners have provided for their unanimous consent such that the annexation process for projects within the Future Annexation Area has been reduced to receiving a petition, consent and waiver from the property owner(s); and

WHEREAS, in October 2021, the property owner executed a unanimous approval form which irrevocably consents to and votes in favor of the annexation of the property to the District and the levy of the special tax on the property to finance the services of the CFD in accordance with the Rate and Method of the District; and
WHEREAS, On December 6, 2021, the City Council adopted Resolution 190-2021 approving the annexation and recordation of annexation documents; and

WHEREAS, in was later determined the Assessor Parcel Numbers included in the annexation documents included a transposition error resulting in the need for Council to preapprove the projects annexation; and

WHEREAS, City staff has caused to be prepared a Revised Annexation Map No. 8 for the property known as the Ranch Subdivision (Market Rate Portion), Exhibit A attached hereto, for the annexation of the property to CFD No. 2013-2 (Police Services).

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

1. The Council finds and determines the above recitals are true and correct.

2. Council approves the Revised Annexation Map No. 8 and finds and determines that the territory shown in the Annexation Map is hereby added to and made a part of the District with full legal effect.

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

3. The City Clerk is directed to execute and record the Revised Annexation Map No. 8 in the office of the County Recorder of Sacramento County not later than 15 days after the adoption of this resolution.

4. The City Council finds and determines that a special tax shall be levied within the Territory to be annexed and which special tax shall be the same as the tax to be levied within the District. Collection of said tax shall commence as outlined in the rate and method of apportionment of said tax and shall be as set forth in the Resolution of Formation of the District.

5. The City Clerk is directed to execute and record a Revised Notice of Special Tax Lien in substantially the same form as shown in Exhibit B attached hereto, in the office of the County Recorder of Sacramento County not later than 15 days after recordation of the Revised Annexation Map No. 8.

6. The City Council finds and determines that adoption of this Resolution is not a “project” under the California Environmental Quality Act, because the Resolution does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378(b)(4).

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 6th day of September 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Donald Terry, Mayor

Stacy Leitner, CMC
City Clerk

APN
067-2410-001

RANCHO CORDOVA PKWY

CHRYSANTHY BLVD
APN
067-2410-002
APN
067-2420-003
APN
067-2420-002
APN
067-2410-004
APN
067-2410-003

EXEMPT PARK APN
067-2410-008
APN
067-2410-007
APN
067-2410-005
APN
067-2420-005
APN
067-2420-006
APN
067-2410-006
APN
067-2420-004

EXEMPT OPEN SPACE

EXEMPT OPEN SPACE

PROPOSED BOUNDARY MAP
1 1
!
1 " = 375 '
Legend
Annexation Boundary

HARRIS & ASSOCIATES
22 EXECUTIVE PARK, SUITE 200
IRVINE, CALIFORNIA 92614
800-827-4901

REFERENCE THE SACRAMENTO COUNTY ASSESSOR'S MAPS FOR A DETAILED DESCRIPTION OF PARCEL LINES AND DIMENSIONS

SUNRISE BLVD

DOUGLAS RD

KIEFER BLVD

NIKE RD

GRANT LINE RD
US 50

WHITE ROCK RD

VICINITY MAP

ANNEXATION

LOCATION

CITY OF RANCHO CORDOVA
COMMUNITY FACILITIES DISTRICT NO. 2013-2
(POLICE SERVICES)

COUNTY OF SACRAMENTO, STATE OF CALIFORNIA

AMENDED PROPOSED BOUNDARY OF
ANNEXATION 8
(THE RANCH) TO
City of Rancho Cordova
Community Facilities District No. 2013-2
Annexation 8 (Police Services)
County of Sacramento, California
Sheet ____ of ____

CLERK'S MAP STATEMENT
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF RANCHO CORDOVA THIS ______ DAY OF ______________ 2022. _____________________________________________

CITY CLERK OF THE CITY OF RANCHO CORDOVA

CLERK'S MAP STATEMENT
I HEREBY CERTIFY THAT THE AREA SHOWN ON THIS MAP OF THE PROPOSED ANNEXATION 8 TO COMMUNITY FACILITIES DISTRICT NO. 2013-2, (POLICE SERVICES), CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA,

WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA AT A REGULARLY SCHEDULED MEETING THEREOF, HELD ON THE ____ DAY OF ______________ 2022. BY ITS RESOLUTION NO. _____________. _____________________________________________

CITY CLERK OF THE CITY OF RANCHO CORDOVA

COUNTY RECORDER'S FILING STATEMENT
FILED THIS ______ DAY OF ________________ 2022. AT THE HOUR OF ___________ O'CLOCK ____.M. IN BOOK _______ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS PAGE NO. _____ IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF SACRAMENTO, STATE OF CALIFORNIA.

DONNA ALLRED
BY: ___________________________________________________ DEPUTY
FILE: ___________________________________________________

COUNTY RECORDER OF THE COUNTY OF SACRAMENTO, CALIFORNIA

THIS MAP AMENDS AND CORRECTS THE APNS AS

STATED IN THE MAP PREVIOUSLY RECORDED ON
DECEMBER 16, 2021 IN BOOK 136 OF MAPS OF

ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS
PAGE NO. 5 AND INSTRUMENT/FILE NO.
202112160146 IN THE OFFICE OF THE COUNTY

RECORDER IN THE COUNTY OF SACRAMENTO, STATE
ITEM 9.9.

ATTACHMENT 2
Exhibit A to the Resolution

ITEM 9.9. ATTACHMENT 3 Exhibit B to the Resolution
1 RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:

City Clerk
City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 95363
(SPACE ABOVE THIS LINE RESERVED FOR
RECORDER’S USE)
REVISED AMENDMENT NO. 8 TO

NOTICE OF SPECIAL TAX LIEN

RELATIVE TO THE

CITY OF RANCHO CORDOVA
Community Facilities District No. 2013-2
(Police Services)
Reason for re-recording:

This document is being re-recorded to replace previously recorded Document #202201130444 as the original recording included a transposition error in the list of Assessor Parcel Numbers (APN’s).

ITEM 9.9. ATTACHMENT 3 Exhibit B to the Resolution
2 CITY OF RANCHO CORDOVA
Community Facilities District No. 2013-2
(Police Services)
Annexation No._8
Pursuant to the requirements of Section 3117.5 of the Streets and Highways Code of California and the Mello-Roos Community Facilities Act of 1982, as amended, section 53311, et. seq., of the California Government Code (the “Act”), the undersigned City Clerk of the City of Rancho Cordova (the “City”), County of Sacramento, State of California, hereby gives notice that a lien to secure payment of a special tax, which the City is authorized to levy, is hereby imposed on the property described herein. The special tax secured by this lien is authorized to be levied for the purpose of paying for certain municipal services set forth in that certain Notice of Special Tax Lien heretofore recorded in the Office of the County Recorder of the County of Sacramento, State of California on March 12, 2013 as Document No. 20130312 page 0318 to which recorded Notice of Special Tax Lien reference is hereby made and the provisions of which are hereby incorporated by this reference.

This Amendment No. 8 to Notice of Special Tax Lien amends the Notice of Special Tax Lien to add to the territory of the CFD. The territory and future annexation area included in the original CFD is set forth in the map of the CFD heretofore recorded in the Sacramento County Recorder’s Office at Book 114 of Maps of Assessment and Community Facilities Districts at Page 18 as Document No. 20130102PG1208, (the “Original Boundary Map”) to which map reference is hereby made. The territory to be added from the future annexation area is that certain real property identified in the map of the Annexed Territory recorded in the Sacramento County Recorder’s Office at Book 136, at Page 5 as Document No. 202112160146, which map together with the Original Boundary Map are now the final boundary maps of the CFD including the Annexed Territory.

This annexed property is placed in Tax Zone 1 for purposes of computation of the Special Tax.

The assessor’s tax parcel(s) numbers of all parcels or any portion thereof which are included in this Amendment No. 8 to Notice of Special Tax Lien, together with the name(s) of the owner(s) thereof, as they appear on the latest secured assessment roll as of the date of recording hereof or as are otherwise known to the Authority are as set forth in Exhibit A hereto, and by such reference hereby made a part hereof. The levy is hereby imposed on the property described herein.

For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Finance Officer of the City of Rancho Cordova, 2729 Prospect Park Drive, Rancho Cordova, CA 95670 (telephone number: 916-851-8738).

Dated: As of __________, 2022
By:

Stacy Leitner, City Clerk
City of Rancho Cordova

ITEM 9.9. ATTACHMENT 3 Exhibit B to the Resolution

EXHIBIT A

CITY OF RANCHO CORDOVA
Community Facilities District No. 2013-2
(Police Services)
Annexation No. 8
ASSESSOR’S PARCEL NUMBERS AND OWNERS OF LAND
Assessor’s
Parcel No(s). Name(s) of Property Owners

067-2420-002 AG EHC II (HOV) CA 1 LP
067-2420-004 AG EHC II (HOV) CA 1 LP
067-2420-005 AG EHC II (HOV) CA 1 LP
067-2410-001 K. HOVNANIAN AT JAEGER RANCH LLC
067-2410-002 K. HOVNANIAN AT JAEGER RANCH LLC
067-2410-003 K. HOVNANIAN AT JAEGER RANCH LLC
067-2410-006 K. HOVNANIAN AT JAEGER RANCH LLC
067-2410-007 K. HOVNANIAN AT JAEGER RANCH LLC
067-2410-008 K. HOVNANIAN AT JAEGER RANCH LLC
067-2420-003 K. HOVNANIAN AT JAEGER RANCH LLC
067-2420-004 K. HOVNANIAN AT JAEGER RANCH LLC
067-2420-005 K. HOVNANIAN AT JAEGER RANCH LLC
067-2420-006 K. HOVNANIAN AT JAEGER RANCH LLC

MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 9.10.

DATE: September 6, 2022

TO: Honorable Mayor and Council Members

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

SUBJECT: A RESOLUTION DECLARING THE RESULTS OF A MAIL BALLOT

ELECTION RELATING TO THE IMPOSITION OF THE ANNUAL

STORMWATER UTILITY FEE FOR THE SUNDANCE PROJECT IN

THE CITY OF RANCHO CORDOVA

RECOMMENDATION

Adopt the Resolution declaring the results of the mail ballot election relating to the imposition of the Annual Stormwater Utility Fee for the Sundance project.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would declare the results of the ballot tabulation in connection with the imposition of the annual Stormwater Utility Fee on the Sundance project. Since majority approval exists, the City Council may impose the annual Stormwater Utility Fee on the Sundance project pursuant to the Fee Ordinance.

BACKGROUND

The City Council previously adopted a Resolution on June 20, 2022 declaring its intention to impose the annual Stormwater Utility Fee (“Fee”) pursuant to Ordinance No. 7-2014 on the Sundance project. A protest hearing was conducted on July 18, 2022, at which time no written protest was received from the property owners representing a majority of the parcels subject to the Fee. Council then adopted a Resolution authorizing the mailing of property owner ballots for the purpose of submitting the Fee to a vote of the owners, subject to the Fee.

The Clerk has tabulated the ballots returned by the property owners for the Sundance project.

The majority vote of the owners of the parcels approved imposing the annual Fee on the Sundance project pursuant to the Ordinance. The Council action tonight is to adopt the Resolution declaring the results of the mail ballot election.

FISCAL IMPACT AND FUNDING SOURCE

There is no impact to the City’s General Fund.

ATTACHMENT(S)

1. Resolution

City Council Staff Report - Page 2 of 2

2. Exhibit A to the Resolution - Property Owner Ballot

3. Exhibit B to the Resolution - Certificate

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, DECLARING THE RESULTS OF A MAIL BALLOT ELECTION

RELATING TO THE IMPOSITION OF THE ANNUAL STORMWATER UTILITY FEE FOR THE

SUNDANCE PROJECT IN THE CITY OF RANCHO CORDOVA

WHEREAS, on June 20, 2022, the City Council adopted a Resolution declaring its intention to impose the Annual Stormwater Utility Fee (“Fee”) for the Sundance project; and

WHEREAS, Article XIII D of the California Constitution (Proposition 218) requires the City to follow certain procedural and substantive requirements relating to the imposition of property- related fees and charges (as defined in Proposition 218); and

WHEREAS, the City has determined that the Fee is a property related fee, subject to the provisions of Proposition 218; and

WHEREAS, before imposing the Fee, the City Council is required to hold a noticed public hearing on a written report (the "Written Report") containing a description of each parcel of real property within the City to which the Fee is applicable and the amount of the Fee for each such parcel for Fiscal Year 2022-2023 and to consider protests to the Fee and, if a majority protest is not received at the public hearing, the Council must submit the question of the imposition of the Fee to a vote of the owners of the property subject to the proposed Fee for approval before the proposed Fee may be levied; and

WHEREAS, in accordance with Proposition 218 the City Council held a duly noticed public hearing on the matter of the Written Report and the proposed Fee on July 18, 2022 and took testimony, both written and oral; and

WHEREAS, having determined a written protest was not received from property owners representing a majority of the parcels subject to the Fee, the City Council adopted a Resolution authorizing the mailing of the property owner ballots (the “Ballot Measure”) for the purpose of submitting the Fee to a vote of the owners of parcels subject to the Fee, and subject to approval by a majority vote of the owners of parcel subject to the Fee; and WHEREAS, pursuant to the terms of Ordinance No. 7-2014 and the unanimous consent of the property owner, the Property Owner Balloting was conducted and completed, and the City Clerk has on file a Certificate of the City Clerk as to the Results of the Canvass of the Ballot Return in Connection with the Proposed Stormwater Utility Fee (the "Certificate"), a copy of which is attached hereto as Exhibit B and by this reference incorporated herein.

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

1. The above recitals are true and correct.

2. The Certificate is hereby accepted into the records of the City.

3. The Ballot Measure is authorized as set forth in Exhibit A attached hereto and by this reference incorporated herein.

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

4. The results of the Ballot Measure are as set forth in the Certificate on file with the City Clerk and attached to this Resolution as Exhibit B ("Certificate").

5. The City Clerk is authorized to declare the results of the mail ballot election relating to the imposition of the Stormwater Utility fee on the Sundance project.

6. Pursuant to said Certificate, the Ballot Measure submitted was approved by a majority vote of the owner of parcels subject to the Fee, the Fee is hereby imposed pursuant to Ordinance No. 7-2014 on the Sundance project.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 6th day of September 2022 by the following vote:

ATTEST:

Donald Terry, Mayor

Stacy Leitner, CMC
City Clerk

ITEM 9.10.

ATTACHMENT 2
Exhibit A to the Resolution

EXHIBIT B

CERTIFICATE OF THE CITY CLERK AS TO

THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS

IN CONNECTION WITH THE PROPOSED STORMWATER UTILITY FEE

IN THE CITY OF RANCHO CORDOVA
I, Stacy Leitner, City Clerk of the City of Rancho Cordova, hereby certify that I canvassed the returns of the election in connection with the imposition of an annual stormwater utility fee that the day for the return of mailed ballot, August 16, 2022. The election was concluded on that date and that the total number of ballots cast in said election and the total number of votes cast for and against the ballot measure, as specified below, are full, true and correct.

Total of Ballots Received: /
Total "Yes" Ballots: /
Total "No" Ballots: O
Project: Sundance
ITEM 9.10.

ATTACHMENT 3
Exhibit B to the Resolution

City Council Staff Report – Page 1 of 4
\

MEMORANDUM
ITEM 9.11.

DATE:September 06, 2022
TO:Honorable Mayor and Council Members
FROM:Kim Juran-Karageorgiou,
Administrative Services Director
SUBJECT: TREASURER’S REPORT – JUNE 30, 2022

RECOMMENDATION
This report is informational only. It is recommended that the City Council receive and file the June 30, 2022 Treasurer’s Report.

RESULT OF RECOMMENDED ACTION
The Treasurer’s Report is required to be submitted to the City Council at least quarterly in accordance with California Government Code Section 53600 et. seq. The purpose of the Treasurer’s Report is to update the City Council and the public on the status of the City’s cash balances and investments and highlight material changes from one period to another. The scope of this report covers the second quarter of the 2022 calendar year ending June 30, 2022 and is in compliance with the State’s reporting requirements.

BACKGROUND
Attached is the quarterly Treasurer’s Report for the period ending June 30, 2022. Treasurer’s Reports are provided to the City Council on a quarterly basis.

At March 31, 2022, the value of the City’s total portfolio was $256.0 million. Since that time, the balances increased by $17.0 million with an ending balance of $273.0 million as of June 30, 2022. The funds are held as follows:

Investment Distribution Book Value Market Value
Cash at Banking Institutions 107,386,825 107,386,825
Local Agency Investment Fund (LAIF) 6,204,509 6,204,509 CAMP Pool 58,422,984 58,422,984
CAMP Managed Account 62,105,818 59,344,591
Insight Investment 42,679,082 41,669,233
Total 276,799,217 273,028,142

City Council Staff Report – Page 2 of 4
Economic conditions in the second quarter of 2022 were impacted by persistently high inflation and rising interest rates, with the Federal Reserve (Fed) raising the overnight federal reserve target rate three times in the first half of the year. With the anticipated continuation of rate hikes by the Fed throughout 2022 and beyond, the investment strategy continues to focus on short term investment options. When interest rates rise, it is a given that the market value of the City’s portfolio will decline as some longer term investments decline in market value until they mature and are reinvested at current interest rates. It is important to understand that these market value declines are experienced on paper only as the City holds all of its investments to maturity.

At June 30, 2022, the City’s cash balance was allocated by fund type/purpose as follows:
General Fund: $50.7 million
Community Enhancement Fund: $14.3 million
Measure R Fund: $4.9 million
Sunrise Development Impact Fees (restricted for specific improvements needed as a result of development in the area): $53.6 million
Transportation Funds: $75.5 million
Storm Drain Fund: $19.9 million
Capital Projects/Grant/Special Revenue Funds: $48.4 million Agency Funds: $9.4 million
Cash at Banking
Institutions

39.3%
Local Agency
Investment Fund (LAIF)

2.3%
CAMP Pool

21.4%
CAMP Managed
Account

21.7%
Insight Investment

15.3%
Investment Portfolio