Agenda packet — Rancho Cordova City Council, November 7, 2022 (part 1 of 3)

CITY OF RANCHO CORDOVA

CITY COUNCIL MEETING
Monday, November 7, 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.

Join the Meeting Via Zoom Link:
https://cityofranchocordova.zoom.us/j/85105233483?pwd=SUNjdk9xVEhVZE5YcUJIa0EzcXVHZz09 Join the Meeting via the Zoom Phone Number
Zoom Phone Number: +1 669 900 6833, +1 253 215 8782, 888 475 4499 (Toll Free) Webinar ID: 851 0523 3483
Password: 578969
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 Monday, November 7, 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.

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Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, November 7, 2022

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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 Monday, November 7, 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

Isabella Eulie with St. John Vianney School will give the invocation.

5. PRESENTATIONS

5.1. Introduction of New Employees: Krystina Baudrey, Planning Technician I by Arlene Granadosin-Jones, Senior Planner and Amber Carter, Code Enforcement Officer I by Russ Ducharme, Neighborhood Services Manager.

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 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

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Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, November 7, 2022

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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 October 17, 2022.

Recommendation: Adopt the Minutes.

9.2. Subject: An Ordinance of the City of Rancho Cordova Amending Section 5.50 of the City of Rancho Cordova Municipal Code Relating to the Sacramento Metropolitan Cable Television Commission.

Recommendation: Waive 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 November 7, 2022 through December 6, 2022.

Recommendation: Adopt the Resolution.

9.4. Subject: A Resolution Authorizing the City Manager to Grant Non-Exclusive Franchises and Execute Agreements with Multiple Waste Hauling Companies for the Collection of Solid Waste, Recyclables and Organic Materials from Businesses and Multi-Family Properties.

Recommendation: Adopt the Resolution.

9.5. Subject: A Resolution Declaring the City's intention to Impose an Annual Stormwater Utility Fee For the Maintenance of Storm Drainage and Flood Protection Systems for the Sun Center Drive Warehouse Project.

Recommendation: Adopt the Resolution designating a time and place for hearing protests in connection with the annual Stormwater Utility Fee for the Sun Center Drive Warehouse project.

9.6. Subject: A Resolution Declaring the Results of the Mail Ballot Election for Rancho Cordova Transit-Related Services Special Tax Area Zone 31 for a portion of The Ranch Project.

Recommendation: Adopt the Resolution.

10. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE

10.1. Subject: Montelena Village 3 Subdivision – Major Design Review Amendment – PLND-0922- 0053.

Recommendation: Find the project is exempt under CEQA Exemption 15182, Residential Projects Pursuant to a Specific Plan. The project was analyzed as part of the Sunridge Specific Plan (SDSP) Environmental Impact Report (EIR); and adopt the Resolution for the Montelena Village 3 Major Design Review Amendment.

10.2. Subject: A Resolution Approving the Community Development Block Grant 2023 Annual Action Plan.

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Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, November 7, 2022

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Recommendation: Adopt the Resolution of the City Council of the City of Rancho Cordova to submit the 2023 Community Development Block Grant (CDBG) Annual Action Plan (AAP).

10.3. Subject: Second Reading of Ordinances Repealing and Replacing Various Chapters of Title 16 "Buildings and Construction", by Adopting by Reference State Building Codes and Making Local Amendments to Portions Thereof, and Adopting Other Related Codes.

Recommendation: Waive the second reading and adopt the Ordinances.

11. PUBLIC HEARING ITEMS

None.

12. REGULAR CALENDAR ITEMS

12.1. Subject: Planning Project Processing and Procedures.

Recommendation: Receive information on the overall key steps to processing planning entitlements, including when in the process specific questions can be addressed.

12.2. Subject: Community Engagement Division Annual Update.

Recommendation: Provide Community Engagement Division update and answer Council questions.

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 Donald Terry

16. CLOSED SESSION

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

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to Government Code Section 54956.8: Property 2300 Mine Shaft Lane, Assessor's Parcel Number (APN): 072-0231- 014-0000, City Negotiators: Cyrus Abhar, City Manager, Albert Stricker, Public Works Director and Adam U. Lindgren, City Attorney, Negotiating Parties: Cordova Community Council. Under Negotiation: Price and Terms of Payment.

2. PUBLIC EMPLOYEE APPOINTMENT Title: City Manager Pursuant to Government Code Section 54957.

17. OPEN SESSION - REPORT FROM CLOSED SESSION

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

18. ADJOURNMENT

ADDITIONAL INFORMATION

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Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, November 7, 2022

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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 agenda 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
November 21, 2022 5:30 PM Regular Meeting
November 29, 2022 5:30 PM Special Meeting/Work Session
December 5, 2022 4:00 PM Special Meeting/Regular Meeting December 13, 2022 5:30 PM Special Meeting/Work Session
December 19, 2022 5:30 PM Regular Meeting
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
I, Stacy Leitner, City Clerk for the City of Rancho Cordova, declare that the foregoing agenda for the November 7, 2022 Regular Meeting of the Rancho Cordova City Council was posted and available for review on November 3, 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 November 3, 2022 at Rancho Cordova, California.

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Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, November 7, 2022

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Stacy Leitner, CMC
City Clerk

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CITY OF RANCHO CORDOVA

CITY COUNCIL MEETING
Monday, October 17, 2022
4:00 PM Special Meeting/Closed Session
5:30 PM – Regular Meeting
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova

DRAFT MINUTES

1. SPECIAL MEETING - CALL TO ORDER/ROLL CALL

Mayor Terry called the Special meeting to order in the David B. Roberts Council Chambers at 4:07 p.m.

Council Members Present: Linda Budge, Garrett Gatewood, Siri Pulipati, David Sander, and Mayor Donald Terry
Council Members Absent: None
Staff Members Present: Adam Lindgren, Stacy Leitner and Persephonie Riley

2. PUBLIC COMMENT

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

3. ADJOURN TO CLOSED SESSION

Mayor Terry adjourned the meeting to closed session at 4:09 p.m.

4. CLOSED SESSION - CALL TO ORDER/ROLL CALL

Mayor Terry called closed session to order at 4:09 p.m.

Council Members Present: Linda Budge, Garrett Gatewood, Siri Pulipati, David Sander, and Mayor Donald Terry
Council Members Absent: None

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Staff Members Present: Adam Lindgren

5. CLOSED SESSION

Council met in closed session to discuss the following item:

PUBLIC EMPLOYEE APPOINTMENT Title: City Manager Pursuant to Government Code Section 54957.

6. OPEN SESSION - REPORT FROM CLOSED SESSION

City Attorney Adam Lindgren reported that staff was given direction and no reportable action was taken in closed session.

7. ADJOURN TO REGULAR MEETING

Mayor Terry adjourned closed session to the Regular meeting at 5:39 p.m.

8. REGULAR MEETING - CALL TO ORDER/ROLL CALL

Mayor Terry called the Regular meeting to order in the David B. Roberts Council Chambers at 5:39 p.m.

Council Members Present: Linda Budge, Garrett Gatewood, Siri Pulipati, David Sander, and Mayor Donald Terry
Council Members Absent: None
Staff Members Present: Cyrus Abhar, Adam Lindgren, Stacy Leitner and Persephonie Riley

9. METRO CABLE TV TELEVISION ANNOUNCEMENT

The City Clerk read the meetings recordings and playback schedule.

10. PLEDGE OF ALLEGIANCE

Sacramento County Supervisor Don Nottoli led the pledge.

11. INVOCATION

Julie Steinbach with the United Methodist Church gave the invocation.

12. PRESENTATIONS

12.1. Proclamation in Support of Manufacturing Awareness and Appreciation Month.

12.2. Recognition of Sacramento County Supervisor Don Nottoli on his Retirement.

12.3. Celebration of Council Member Garrett Gatewood's Birthday on October 23, 2022.

CELEBRATORY BREAK 6:13 PM – 6:28 PM

13. 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. Josh Gruver

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3. Marilyn Metzger

4. Margo Baxter
Mayor Terry closed the public comment period.

14. COUNCIL REPORTS

Council reported on events since the last meeting.

15. CITY MANAGER'S REPORT

City Manager Cyrus Abhar gave his report.

16. CONSENT CALENDAR ITEMS - ROLL CALL VOTE

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

ACTION: Motion to approve item 16.1 through 16.10 by Budge second by Pulipati; Motion passed with a 5:0 vote.

16.1. Subject: Meeting Minutes from the Regular City Council Meeting of October 3, 2022.

Recommendation: Adopt the Minutes.

16.2. Subject: Second Reading of an Ordinance Amending Title 2 Administration and Personnel, Chapter 2.34 Redevelopment Agency; Title 4 Business Regulation, Chapter

4.10 Special Business Licenses and Employee Permits; Title 6 Health and Sanitation, Chapter 6.28 Wells and Pumps & Chapter 6.90 Cannabis Cultivation; Title 10 Vehicles and Traffic, Chapter 10.64 Trip Reduction Programs; Tittle 14 Agricultural Activities, Chapter 14.05 Agricultural Activities; Title 16 Buildings and Construction, Chapter 16.95 Storm Drainage Impact Fee Program; Title 21 Plans, Chapter 21.12 Procedures for Adoption or Amendment of Plans; Title 22 Land Development, Chapter 22.160 Capital Improvement Program; and Title 23 Zoning Code, Chapter 23.104 Approval Authority, Chapter 23.119 Unified Sign Program, Chapter 23.158 Development Agreements, Chapter 23.501 Introduction to Form-Based Provisions, & Chapter 23.743 Signs.

Recommendation: Waive the second reading and adopt the Ordinance.

16.3. 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 October 17, 2022 to November 16, 2022.

Recommendation: Adopt the Resolution.

16.4. Subject: A Resolution Authorizing the Use of Military Equipment for Law Enforcement.

Recommendation: Adopt the Resolution commencing the City of Rancho Cordova's process as it pertains to AB 481 - Military Equipment for Law Enforcement.

16.5. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 2020-220-1 with Dokken Engineering to Increase the Contract Amount from $450,000 to an Amount not to Exceed $800,000 and Extend the Contract Term from December 31, 2023, to December 31, 2024, for On-Call Stormwater Support Services.

Recommendation: Adopt the Resolution.

16.6. Subject: A Resolution Authorizing a Contract Amendment with PlaceWorks for

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Environmental Services for the Environmental Impact Review of the Mills Crossing Project.

Recommendation: Adopt the Resolution.

16.7. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2022-219 with 50 Corridor Transportation Management Association in an Amount not to Exceed $158,000 for Transportation Demand Management Services for Encouragement and Education of Sustainable Transportation within the City.

Recommendation: Adopt the Resolution.

16.8. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2022-120 with Central Valley Engineering & Asphalt, Inc. in an Amount not to Exceed $799,469 for On-Call Concrete Maintenance Services.

Recommendation: Adopt the Resolution.

16.9. Subject: A Resolution of the City Council of the City of Rancho Cordova, State of California, Authorizing the City Manager to Execute Contract No. 2022-212 with Rebuilding Together Sacramento in an Amount not to Exceed $300,000 for Funding the Rebuilding Together Sacramento Critical Repair Program.

Recommendation: Adopt the Resolution.

16.10. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2022-225 with Sacramento Municipal Utility District (SMUD) in an Amount not to Exceed $250,000 to pay for Rancho Cordova Commercial Utility Arrearage Payments.

Recommendation: Adopt the Resolution.

17. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE

ACTION: Motion to approve item 17.1 and 17.2 by Budge second by Pulipati; Motion passed with a 5:0 vote.

17.1. Subject: Ordinances Repealing and Replacing Various Chapters of Title 16 "Buildings and Construction", by Adopting by Reference State Building Codes and Making Local Amendments to Portions Thereof, and Adopting Other Related Codes and A Resolution Determining the Need for Local Modifications to the California Building Standards Code.

Recommendation: Adopt the Resolution, waive the first reading and introduce the Ordinances.

17.2. Subject: An Ordinance of the City of Rancho Cordova Amending Section 5.50 of the City of Rancho Cordova Municipal Code Relating to the Sacramento Metropolitan Cable Television Commission.

Recommendation: Waive first reading and introduce the Ordinance.

18. PUBLIC HEARING ITEMS

None.

19. REGULAR CALENDAR ITEMS

19.1. Subject: Smart City Rancho Cordova Presentation.

Recommendation: Receive presentation from Madaffer Enterprises on the development of a Smart City roadmap for Rancho Cordova.

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

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1.James Garcia
Mayor Terry closed the public comment period.

ACTION: Input was received regarding the Smart City Rancho Cordova Presentation.

19.2. Subject: Veterans Affordable Housing Development Project Selection at the Former Mather Air Force Base.

Recommendation: Adopt the Resolution.

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

1. James Garcia

2. Beckett Calvert

3. Rene Baez
Mayor Terry closed the public comment period.

ACTION: Motion to approve item 19.2 by Budge second by Sander; Motion passed with a 5:0 vote.

19.3. Subject: Fiscal Year 2021-22 Preliminary Year-End Financial Report and a Resolution Authorizing Budget Amendment.

Recommendation: Receive the Fiscal Year 2021-22 Preliminary Year-End Financial Report and Adopt the Proposed Budget Amendment Resolution.

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

ACTION: Motion to approve item 19.3 by Budge second by Sander; Motion passed with a 5:0 vote.

20. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

1. Acquisition of Data Centers.

21. ADJOURN TO CLOSED SESSION

Mayor Terry adjourned to closed session at 8:27 p.m.

22. CLOSED SESSION - CALL TO ORDER/ROLL CALL

Mayor Terry called closed session to order at 8:27 p.m.

Council Members Present: Linda Budge, Garrett Gatewood, David Sander, and Mayor Donald Terry
Council Members Absent: None
Staff Members Present: Cyrus Abhar and Adam Lindgren

23. CLOSED SESSION

Council met in closed session to discuss the following item:

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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. 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.

Under Discussion: Price and terms of payment.

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Meeting of Monday, October 17, 2022

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24. OPEN SESSION - REPORT FROM CLOSED SESSION

City Attorney Adam Lindgren reported that staff was given direction and no reportable action was taken in closed session.

25. ADJOURNMENT

Mayor Terry adjourned the meeting at 8:43 p.m.
______________________
Stacy Leitner, CMC
City Clerk

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MEMORANDUM
City Council Staff Report - Page 1 of 3

ITEM 9.2.

DATE: November 7, 2022

TO: Honorable Mayor and Council Members

FROM: Kim Juran, Administrative Services Director

SUBJECT: AN ORDINANCE OF THE CITY OF RANCHO CORDOVA AMENDING SECTION 5.50 OF THE CITY OF RANCHO CORDOVA MUNICIPAL

CODE RELATING TO THE SACRAMENTO METROPOLITAN CABLE

TELEVISION COMMISSION

RECOMMENDATION

Waive second reading and adopt the Ordinance.

RESULT OF RECOMMENDED ACTION

Section(s) 5.50.104 and 5.50.112 of the City of Rancho Cordova Municipal Code will be amended.

BACKGROUND

The Sacramento Metropolitan Cable Television Commission (Commission) is a joint powers agency (JPA) formed by Sacramento County and cities within the County, including Sacramento, Elk Grove, Folsom, Citrus Heights, Rancho Cordova, Galt; with the exception of Isleton. The Commission is responsible for administering state-issued cable/video franchises, assisting customers with cable complaints and issues, operating the local government channel Metro Cable 14, collecting franchise and public, education, and government (PEG) channel facilities fees, and providing support for the licensees that operate the Commission’s other six PEG channels. The JPA Agreement of Formation that created the Commission was adopted and amended by Sacramento County Ordinance and Ordinances of each of the member cities, and is part of the Sacramento County and Cities Codes (JPA Agreement). The JPA Agreement is codified in Section 5.50.112 of the City of Rancho Cordova Municipal Code.

The Commission and JPA Agreement are currently set to sunset on December 31, 2024. On September 3, 2020, the Commission’s Board of Directors expressed interest in proposing an extension of the Commission for consideration by the member agencies, citing the fact that the JPA is an efficient way to administer cable franchise issues for the Commission’s seven member agencies and that there is no need to change the model at this time. On September 2, 2021, the Commission’s Board of Directors reviewed proposed draft amendments to the JPA Agreement and directed staff to reach out to the management team for each member agency to receive feedback. Between September and December 2021, Commission staff met with the management team at each member agency. During those discussions, staff at each member

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City Council Staff Report - Page 2 of 3

agency expressed satisfaction with the Commission’s operation and support for the proposed amendments. On December 2, 2021, the Board of Directors received this input, approved the proposed amendments to the JPA Agreement, and adopted a resolution recommending approval by the member agencies of the revised JPA agreement.

Adoption of the attached Ordinance will allow for the JPA to be amended to extend the Commission and update other portions of the JPA Agreement to reflect current practices. Below is a summary of the proposed amendments:

Term (5.50.112(9)): Most importantly, the December 31, 2024 expiration date is removed. The proposed Amendment provides that the Commission would remain in existence indefinitely, unless there is a two-thirds vote of the member agencies to terminate it. In addition, a withdrawal provision is included that provides that an individual member agency may withdraw from the Commission with at least one year’s prior written notice. Such withdrawal requires the member agency to accept liability for its share of the Commission’s liabilities in the same proportion as the most recent distributions to the member agencies made pursuant to the JPA Agreement.

Board of Directors (5.50.104): Currently, there are twelve members of the Commission’s Board of Directors. The JPA Agreement entitles the County of Sacramento to five seats on the Commission Board; the City of Sacramento to three seats on the Board; each city with a population of over 80,000 to one seat on the Board; and all cities with a population of less than 80,000 share one seat. Given that the recently released California Department of Finance’s January 2022 population estimates show that the City of Rancho Cordova has surpassed the 80,000 population threshold, there will be thirteen Board of Directors members, as Galt will then have its own seat, since it will be the only City remaining with a population smaller than 80,000. Given this, the proposed amendments to the JPA Agreement also provide that the Board of Directors shall consist of the above described Board members (currently thirteen members), and clarify that the population is determined by the figures provided by the California Department of Finance each year. The City of Sacramento would get an additional Board member if the City of Galt’s population reaches 80,000, but that is not expected to occur in the near or distant future, as its population as of January 1, 2021 was at 26,116.

Officers (5.50.112(2)): The current Agreement assumes that Sacramento County will provide Clerk services to the JPA. Clerk services are presently provided by Commission staff with support from the County’s Clerk of the Board. The proposed Amendment matches current practice and provides the Commission Board with maximum flexibility to determine how to provide Clerk services.

Payments (5.50.112(6)): The current Agreement details how and when the revenue distributions to the member agencies are calculated and distributed. This proposed Amendment reflects the current practice of the Commission, and updates the timeline on which the Commission pays revenue distributions to the member agencies to be a date which is earlier than the current Agreement provides. The current Agreement also requires an auditor’s statement with each distribution; such a statement has not historically been provided (though the distributions are audited by the Commission’s Auditor as part of the bi-annual audit), and the proposed Amendment accordingly removes this requirement to reflect current practices.

General Clean-Up: The balance of the proposed amendments conform other sections of the JPA Agreement to the above edits or propose general clean-up to reflect current law and/or

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City Council Staff Report - Page 3 of 3

practice. As an example, the law now requires the Commission’s member agencies to be responsible for the JPA’s retirement costs. This has been added for clarity.

FISCAL IMPACT AND FUNDING SOURCE

Approval of this item would extend the Commission and allow for the City of Rancho Cordova’s continued participation in the JPA. The Commission collects franchise fees from cable operators based on five percent of their gross revenues; pays for the operation of the Commission and the government channel Metro Cable 14; provides funding for the licensees that operate the Commission’s other six PEG Channels; and distributes the remaining franchise fees to the member agencies each year. The revenue distribution to the City in Fiscal Year 2021-22 was $570,000.

The Commission also collects a PEG Channel Facilities Fee from cable operators based on one percent of their gross revenues. PEG Fee grants are awarded each year to member agencies and channel licensees to pay for facilities and equipment including Board/Council chambers improvements, control room equipment, cameras, monitors and related audio/video equipment.

ATTACHMENT(S)

1. Ordinance - Strikethrough Version

2. Ordinance

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ITEM 9.2. ATTACHMENT 1 Ordinance No. XX-2022 Page 1 of 7

STRIKETHROUGH VERSION

CITY OF RANCHO CORDOVA
ORDINANCE NO. XX-2022
AN ORDINANCE OF THE CITY OF RANCHO CORDOVA AMENDING SECTION[S] 5.50

RELATING TO THE SACRAMENTO METROPOLITAN CABLE TELEVISION

COMMISSION

5.50.104 Board of Directors.

The powers and authority of the Sacramento Metropolitan Cable Television Commission shall be vested in a Board of Directors which shall consist of a minimum of nine (9)the following members.
a. Five (5) members of the Board of Directors shall be members of the Governing Body of the County.
b. One (1) member of the Board of Directors shall be a member of the Governing Body of one of the cities within the County of Sacramento that is a member of the Commission and whose population is less thatn eighty thousand (80,000) people.

The member shall be appointed by and serve at the pleasure of the Governing Bodies of the appointing cities. All member cities whose populations are each less than eighty thousand (80,000) shall be represented by this member of the Board of Directors. c. So long as a city with a population less than eighty thousand is a member of the Commission, three (3) members of the Board of Directors shall be members of, appointed by and serve at the pleasure of the Governing Body of the City of Sacramento.

In the event that no city with a population less than eighty thousand (80,000) people is a member of the Commission, four (4) members of the Board of Directors shall be members of, appointed by and serve at the pleasure of the Governing Body of the City of Sacramento.
d. One (1) member of the Board of Directors for each city, other than the City of Sacramento, that is a member of the Commission and whose population is equal to or greater than eighty thousand (80,000) people. Each member of the Board of Directors who represents such a member city shall be a member of the Governing Board of that city and shall be appointed by, and serve at the pleasure of, the Governing Board of that City.
e. Each member of the Board of Directors shall be authorized to appoint a personal representative to attend meetings of the Board in the absence of the member, and, during such meetings, vote and exercise all other powers of the member. Such an appointment shall be effective when the member files with the Clerk of the Board of Directors a written notice executed by the member which identifies by name and residential address the personal representative who has been appointed. Personal

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ITEM 9.2. ATTACHMENT 1 Ordinance No. XX-2022 Page 2 of 7

STRIKETHROUGH
representatives shall serve at the pleasure of the members who appoint them, and such appointments may be revoked by the filing of written notice of revocation with the Clerk of the Board of Directors signed by the member and reciting revocation of the appointment of a designated representative. In the event of removal from the Board of Directors of a member who serves at the pleasure of a Governing Body, such removal shall automatically effect removal of any personal representative which that member has appointed.
f. For purposes of this section, a city’s population shall be as certified or reportedestimated by the Sacramento Area Council of Governments (“SACOG”)California Department of Finance byas of JuneJanuary 1 of each year for the preceding year. Modifications to Board membership based on population changes shall be made on July 1, or as soon thereafter is feasible, following the JuneJanuary 1 on which such population change was certified by SACOGestimates provided by the Department of Finance.”

5.50.112 Amended and Restated Agreement of Formation.

The Sacramento Metropolitan Cable Television Commission shall be deemed to be created upon execution by each member thereof of an agreement of formation was previously created by the County and Cities. Enactment of this chapter and amendments thereto constitutes approval by the Governing Bodies of the County and Cities of the terms of the amended and restated agreement of formation.

The Chairperson of the Governing Body of the County and Mayor of the Municipality of Sacramento shall execute the following agreement of formation on the date of selection of the Franchisee for the Initial CATV Franchise pursuant to the provisions of Section 5.50.210 in Sub Chapter 3. The Mayors of any of the Municipalities of Folsom, Isleton or Galt which have enacted this chapter, shall execute the agreement of formation thirty one (31) calendar days following the date of selection of the Franchisee for the Initial CATV Franchise pursuant to the provisions of Section

5.50.210 in Sub Chapter 3, unless the Governing Body of that Municipality has adopted a resolution making the selection inapplicable to that Municipality pursuant to the provisions of Section 5.50.212 in Sub Chapter 3.

Amended and Restated Agreement of Formation
Sacramento Metropolitan
Cable Television Commission
THIS AMENDED AND RESTATED AGREEMENT is made and entered into pursuant to the provisions of Section 6500 et seq. of the Government Code of the State of California by and between the County of Sacramento, herein referred to as “County”; and the City of Sacramento and municipalitiescities of Citrus Heights, Elk Grove, Folsom, Isleton and Galt, and Rancho Cordova, herein referred to as “Cities”; who do hereby mutually agree as follows:

Page 18 of 433 ends

ITEM 9.2. ATTACHMENT 1 Ordinance No. XX-2022 Page 3 of 7

STRIKETHROUGH

1. Establishment. There is hereby created an organization known and denominated as the Sacramento Metropolitan Cable Television Commission, which shall be a public entity, separate and apart from the County and Cities. The Sacramento Metropolitan Cable Television Commission (hereinafter referred to as “Commission”) shall be governed by the terms of this Agreement, the terms of an ordinance enacted by each agency which enters into this Agreement which is entitled “Cable Television Ordinance”, and is hereinafter referred to as the “Ordinance”, and by such rules as are duly passed and adopted by the Board of Directors of the Commission.

Notwithstanding the provisions of the introductory paragraph of this Agreement, it is specifically contemplated that each of the Municipalities of Folsom, Isleton and Galt may or may not execute this Agreement and participate in the formation of and become members of the Commission. Therefore, the Commission shall be formed by, as members, the County, the Municipality of Sacramento, and so many of the other Municipalities as approve and execute this Agreement. If neither Folsom, Isleton nor Galt approve and execute this Agreement, the Agreement shall be deemed to have been entered into and the Commission formed by, as members, the County and Municipality of Sacramento.

2. Board of Directors. The Commission shall be governed by and the powers of the Commission vested in a Board of Directors. The number of members of the Board of Directors, composition thereof, and tenure of Directors shall be prescribed by Sub- Chapter 2 of the Ordinance.
a. Meetings of the Board of Directors and/or such advisory or other committees as the Board may appoint, shall be government by the provisions of the Ralph M. Brown Act (Government Code Section 54950 et seq.). The Board of Directors shall establish a time and place for its regular meetings, which shall be held not less frequently than once per year.
b. A majority of the members of the Board of Directors shall constitute a quorum for the purpose of transacting business. c. No action taken by the Board of Directors shall be effective except by duly adopted motion receiving the votes of a majority of the Directors of the Board. d. The Board of Directors shall annually elect its Chairperson and Vice-Chairperson.
e. The Clerk of the Board of Supervisors of the County or other person retained by the Board shall serve as SecretaryClerk to the Board of Directors, shall be responsible for recordation of the official actions by the Board, and shall be the official custodian of all records of the Board of Directors.

The County may determine reasonable charges to be made against the Commission for the services of the Clerk and the Commission shall pay such charges.

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ITEM 9.2. ATTACHMENT 1 Ordinance No. XX-2022 Page 4 of 7

STRIKETHROUGH
by County personnel of services for the Commission and reimbursement of the County by the Commission of the costs thereof;
c. To acquire in the name of the Commission, take title to, hold and dispose of real and personal property;
d. To incur in the name of the Commission debts, liabilities and obligations, which shall not constitute debts, obligations or liabilities of any of the member agencies;
e. To accept in the name of the Commission grants, gifts and donations in the public interest to carry out the purposes and functions of the Commission;
f. To establish and provide for the payment of reasonable compensation to its members or their personal representatives for performance of the duties of office; and
g. To exercise such other powers as are expressly conferred by the provisions of this Agreement or the Ordinance.

The Board of Directors shall also be authorized to sue in the name of the Commission. The Commission shall be subject to suit in its name.

4. Limitations. Pursuant to the provisions of Government Code section 6509, “the powers of the Commission are subject to the restrictions upon the manner of exercising such powers of one of the designated member agencies.” For such purposes, the MunicipalityCity of Sacramento is hereby designated.

5. Budget. Prior to July 1st of each fiscal year, the Board of Directors shall adopt a preliminary budget. Prior to September 1st of each fiscal year, said Board shall adopt a final budget.

6. Payments. Not later than the first day of OctoberAugust of each year during the term of this Agreement, the Commission shall distribute to the County and Cities who are members of the Commission the difference between: (i) the revenue required to finance the costs to be of operations incurred in accordance with the Commission’s Budget (including a reserve for contingencies) for the fiscal year commencing on the preceding first day of August for the preceding fiscal year ending on the prior June 30; and (ii) the revenues from franchise fees actually received by the Commission for the same fiscal year. Notwithstanding the foregoing, the Commission shall distribute to said County and Cities not later than the first day of each October not less than twenty (20) percent of the revenue from such franchise fees. Revenues from sources other than franchise fees shall be utilized and distributed as required by the source of the funds.

The franchise fees shall be paid to the County and Cities who are members of the Commission in the same proportion as the ratios which the population of the unincorporated area of the County and incorporated area of the Cities bear to the total population of the Sacramento Community County, excluding the City of Isleton, as disclosed by the most recent Federal Decennial Census for 1980 during the period ending June 30, 1991, the Federal Decennial Census for 1990 during the Federal Decennial Census for 2000 during any period succeeding June 30, 2001 and as updated by the California Department of Finance January 1st of each calendar year.

Each distribution shall be accompanied by a statement by the Auditor of the Commission stating the amounts of all franchise fees received by the Commission for the distribution period, the dates of receipt, the amount of revenue required to finance

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ITEM 9.2. ATTACHMENT 1 Ordinance No. XX-2022 Page 5 of 7

STRIKETHROUGH
the Commission Budget, and the population ratios upon which apportionment of the distribution is being made.

7. Treasurer. The Treasurer of the County shall be the depository of funds of the Commission, and said Treasurer shall be the ex officio Treasurer of the Commission.

The Treasurer shall receive and have custody of and disburse Commission funds on the warrant of the Auditor and shall make disbursements authorized by this Agreement. The Treasurer shall invest Commission funds in accordance with the general law. All interest collected on Commission funds shall be accounted for and posted to the account of said funds.

The County may determine reasonable charges to be made against the Commission for the Services of the Treasurer, and the Commission shall pay such charges.

8. Auditing. The Auditor of the County shall be the ex officio Auditor of the Commission, and shall draw warrants against the funds of the Commission when the demands are approved by the Executive Director or his designee. At the close of each fiscal year, as provided in Government Code section 6505, the Directors may contract with a public accountant or certified public accountant to make an audit of the accounts and report of the Commission.

The Auditor shall establish and maintain such funds and accounts as are deemed necessary to account for and report on receipts and disbursements. The Commission shall keep such additional records and accounts which are deemed necessary to account for and report on sources of funds, expenditures, grants and programs as may be required by good accounting practices. The books and records of the Commission shall be open to inspection at all reasonable times by representatives of the member agencies.

The County may determine reasonable charges to be made against the Commission for the services of the Auditor, and the Commission shall pay such charges.

9. Term. Except as hereinafter provided, this Agreement shall terminate and the Commission shall be deemed dissolved on December 31, 2024upon a two-thirds vote of the member agencies. The Commission shall review the status of the franchise and the status of state and federal law related to cable franchises no later than June 30, 2010, and shall make a recommendation to the member agencies on whether the Commission shall be dissolved prior to December 31, 2024. Nothing in this section shall preclude the Commission from making a recommendation regarding the continuation or early dissolution of the Commission either prior to or after June 2010. Notwithstanding the foregoing, a member agency may withdraw from the Commission with at least one year’s prior written notice. Upon withdrawal, the member agency shall be liable for its proportional share of Commission liabilities, including any retirement benefits obligations, in the same proportion as distributions to member agencies have most recently been made pursuant to the provisions of Paragraph 6, above. Such member agency shall not receive or have any right to any share of Commission assets.

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ITEM 9.2. ATTACHMENT 1 Ordinance No. XX-2022 Page 6 of 7

STRIKETHROUGH
agencies have most recently been made pursuant to the provisions of Paragraph 6, above unless the member agencies agree to a different distribution. Any real property owned by the Commission shall, in advance of dissolution, be conveyed by the Board of Directors to member agencies as tenants in common with proportional interests equal to the proportion of distributions most recently made pursuant to the provisions of said Paragraph 6 unless the member agencies agree to a different distribution.

11. Debts. Except to the extent provided by law, Tthe debts, liabilities and obligations of the Commission shall not constitute any debts, liabilities or obligations either jointly or severally of the County of Sacramento, City of Sacramento or municipalities of Folsom, Isleton or Galt or any city.

12. Amendment. This Agreement may be amended by written contract approved by and executed in behalf of the Governing Bodies of each member agency.

No Franchisee or other person or entity shall be deemed to either expressly or impliedly be a party to this Agreement, a third party beneficiary thereof, or to have any interest which precludes amendment of the terms of this Agreement in any manner in which the Governing Bodies of the member agencies, in their discretion, may mutually agree.

13.Approval of this item would extend
the Commission and allow for the City of Rancho Cordova’s continued participation in the JPA. The Commission collects franchise fees from cable operators based on five percent of their gross revenues; pays for the operation of the Commission and the government channel Metro Cable 14; provides funding for the licensees that operate the Commission’s other six PEG Channels; and distributes the remaining franchise fees to the member agencies each year. The revenue distribution to the City in Fiscal Year 2021-22 was $570,000.

14. 15.The Commission also collects a PEG
Channel Facilities Fee from cable operators based on one percent of their gross revenues. PEG Fee grants are awarded each year to member agencies and channel licensees to pay for facilities and equipment including Board/Council chambers improvements, control room equipment, cameras, monitors and related audio/video equipment.

Page 22 of 433 ends

ITEM 9.2. ATTACHMENT 1 Ordinance No. XX-2022 Page 7 of 7

STRIKETHROUGH
On a motion by Councilmember , seconded by Councilmember , the foregoing ordinance was passed and adopted by the City Council of the City of [City name], State of California, this ____ day of 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSAL:
(PER POLITICAL REFORM ACT (§ 18702.5.))
Mayor, City of [City name]
(SEAL)
ATTEST:

City Clerk

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ITEM 9.2. ATTACHMENT 2 Ordinance No. XX-2022 Page 1 of 7

CITY OF RANCHO CORDOVA
ORDINANCE NO. XX-2022

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, AMENDING PORTIONS OF CHAPTER 5.50, “CABLE TELEVISION ORDINANCE”
THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA DOES ORDAIN AS FOLLOWS:

Section 1. Purpose and Declarations.

WHEREAS, the Sacramento Metropolitan Cable Television Commission (the “Commission”) was created pursuant to the Agreement of Formation set forth in Sacramento County Code Chapter 5.50, Section 5.50.112, “Agreement of Formation”; and WHEREAS, on September 20, 2003 upon incorporation, the City of Rancho Cordova adopted by reference certain provisions of the Sacramento County Code, including Chapter

5.50, “Cable Television Ordinance” and Section 5.50.112, and became a member of the Commission; and
WHEREAS, on October 1, 2007, the Commission amended Section 5.50.112, “Agreement of Formation,” Subsection 9, “Term” which deemed to dissolve the Commission on December 31, 2024; and
WHEREAS, this Ordinance will amend Section 5.50.104 to reflect that the Board of Directors shall consist of thirteen members, with the City of Rancho Cordova holding two board seats based on its January 2022 population surpassing 80,000; and WHEREAS, this Ordinance will amend Section 5.50.112 to reflect the Commission’s proposed amendments to the Agreement of Formation which removes the December 31, 2024 expiration date and provides that the Commission would remain in existence indefinitely, unless there is a two-thirds vote of member agencies to terminate; and WHEREAS, this Ordinance will amend Section 5.50.112(2) to reflect that Clerk services shall be provided by Commission staff with support from the County’s Clerk of the Board; and WHEREAS, this Ordinance will amend Section 5.50.112(6) to update the timeline on which the Commission pays revenue distributions to the member agencies to be a date which is earlier that the current Agreement provides; and
WHEREAS, this Ordinance will amend Section 5.50.112 to conform other sections of the JPA Agreement to the above changes and current practice of the JPA; and WHEREAS, the City Council finds that the Commission’s proposed amendment to increase the number of seats on the Board of Directors is warranted in light of the City’s recent population figures from the State of California Department of Finance; and WHEREAS, the City Council finds that the Commission’s proposed amendments to extend the termination date of the Commission and reflect other changes in Agreement of

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ITEM 9.2. ATTACHMENT 2 Ordinance No. XX-2022 Page 2 of 7 Formation in accordance with Commission practice and current law is warranted to ensure that the Commission continues to provide services to member agencies.

Section 2. Title 5, Chapter 5.50, Section 5.50.104 “Board of Directors” is amended as follows:

The powers and authority of the Sacramento Metropolitan Cable Television Commission shall be vested in a Board of Directors which shall consist of a minimum of the following members.
a.Five (5) members of the Board of Directors shall be members of the Governing Body of the County.
b.One (1) member of the Board of Directors shall be a member of the Governing Body of one of the cities within the County of Sacramento that is a member of the Commission and whose population is less than eighty thousand (80,000) people. The member shall be appointed by and serve at the pleasure of the Governing Bodies of the appointing cities. All member cities whose populations are each less than eighty thousand (80,000) shall be represented by this member of the Board of Directors.
c.So long as a city with a population less than eighty thousand is a member of the Commission, three (3) members of the Board of Directors shall be members of, appointed by and serve at the pleasure of the Governing Body of the City of Sacramento.

In the event that no city with a population less than eighty thousand (80,000) people is a member of the Commission, four (4) members of the Board of Directors shall be members of, appointed by and serve at the pleasure of the Governing Body of the City of Sacramento. d.One (1) member of the Board of Directors for each city, other than the City of Sacramento, that is a member of the Commission and whose population is equal to or greater than eighty thousand (80,000) people. Each member of the Board of Directors who represents such a member city shall be a member of the Governing Board of that city and shall be appointed by, and serve at the pleasure of, the Governing Board of that City. e.Each member of the Board of Directors shall be authorized to appoint a personal representative to attend meetings of the Board in the absence of the member, and, during such meetings, vote and exercise all other powers of the member. Such an appointment shall be effective when the member files with the Clerk of the Board of Directors a written notice executed by the member which identifies by name and residential address the personal representative who has been appointed. Personal

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ITEM 9.2. ATTACHMENT 2 Ordinance No. XX-2022 Page 3 of 7 representatives shall serve at the pleasure of the members who appoint them, and such appointments may be revoked by the filing of written notice of revocation with the Clerk of the Board of Directors signed by the member and reciting revocation of the appointment of a designated representative. In the event of removal from the Board of Directors of a member who serves at the pleasure of a Governing Body, such removal shall automatically effect removal of any personal representative which that member has appointed. f. For purposes of this section, a city’s population shall be as estimated by the California Department of Finance as of January 1 of each year for the preceding year.

Modifications to Board membership based on population changes shall be made on July 1, or as soon thereafter is feasible, following the January 1 estimates provided by the Department of Finance.

Title 5, Chapter 5.50, Section 5.50.112 “Agreement of Formation” is amended to read as follows:

The Sacramento Metropolitan Cable Television Commission was previously created by the County and Cities. Enactment of this chapter and amendments thereto constitutes approval by the Governing Bodies of the County and Cities of the terms of the amended and restated agreement of formation.

Amended and Restated Agreement of Formation
Sacramento Metropolitan
Cable Television Commission
THIS AMENDED AND RESTATED AGREEMENT is made and entered into pursuant to the provisions of Section 6500 et seq. of the Government Code of the State of California by and between the County of Sacramento, herein referred to as “County”; and the City of Sacramento and cities of Citrus Heights, Elk Grove, Folsom, Galt, and Rancho Cordova, herein referred to as “Cities”; who do hereby mutually agree as follows:

1.Establishment. There is hereby created an organization known and denominated as the Sacramento Metropolitan Cable Television Commission, which shall be a public entity, separate and apart from the County and Cities. The Sacramento Metropolitan Cable Television Commission (hereinafter referred to as “Commission”) shall be governed by the terms of this Agreement, the terms of an ordinance enacted by each agency which enters into this Agreement which is entitled “Cable Television Ordinance”, and is hereinafter referred to as the “Ordinance”, and by such rules as are duly passed and adopted by the Board of Directors of the Commission.

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ITEM 9.2. ATTACHMENT 2 Ordinance No. XX-2022 Page 4 of 7 a.Meetings of the Board of Directors and/or such advisory or other committees as the Board may appoint, shall be government by the provisions of the Ralph M. Brown Act (Government Code Section 54950 et seq.). The Board of Directors shall establish a time and place for its regular meetings, which shall be held not less frequently than once per year. b.A majority of the members of the Board of Directors shall constitute a quorum for the purpose of transacting business.
c.No action taken by the Board of Directors shall be effective except by duly adopted motion receiving the votes of a majority of the Directors of the Board. d.The Board of Directors shall annually elect its Chairperson and Vice- Chairperson.
e.The Clerk of the Board of Supervisors of the County or other person retained by the Board shall serve as Clerk to the Board of Directors, shall be responsible for recordation of the official actions by the Board, and shall be the official custodian of all records of the Board of Directors.

The County may determine reasonable charges to be made against the Commission for the services of the Clerk and the Commission shall pay such charges.

3. Powers. The Board of Directors of the Commission shall be vested with the following powers:
a.To employ or retain in the name of the Commission an Executive Director and such other personnel as the Board of Directors deems appropriate. The Executive Director shall be appointed by and serve at the pleasure of the Board of Directors; b.To make and enter into contracts in the name of the Commission as authorized by or in order to carry out the objects or purposes of this Agreement or the Ordinance, including, but not limited to, contracts with the County providing for provision by County personnel of services for the Commission and reimbursement of the County by the Commission of the costs thereof;
c.To acquire in the name of the Commission, take title to, hold and dispose of real and personal property;
d.To incur in the name of the Commission debts, liabilities and obligations, which shall not constitute debts, obligations or liabilities of any of the member agencies; e.To accept in the name of the Commission grants, gifts and donations in the public interest to carry out the purposes and functions of the Commission; f.To establish and provide for the payment of reasonable compensation to its members or their personal representatives for performance of the duties of office; and g.To exercise such other powers as are expressly conferred by the provisions of this Agreement or the Ordinance.

The Board of Directors shall also be authorized to sue in the name of the Commission. The Commission shall be subject to suit in its name.

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ITEM 9.2. ATTACHMENT 2 Ordinance No. XX-2022 Page 5 of 7

5.Budget. Prior to July 1st of each fiscal year, the Board of Directors shall adopt a preliminary budget. Prior to September 1st of each fiscal year, said Board shall adopt a final budget.

6.Payments. Not later than the first day of August of each year during the term of this Agreement, the Commission shall distribute to the County and Cities who are members of the Commission the difference between: (i) the revenue required to finance the costs of operations incurred in accordance with the Commission’s Budget (including a reserve for contingencies) for the fiscal year ending on the prior June 30; and (ii) the revenues from franchise fees actually received by the Commission for the same fiscal year. Revenues from sources other than franchise fees shall be utilized and distributed as required by the source of the funds.

The franchise fees shall be paid to the County and Cities who are members of the Commission in the same proportion as the ratios which the population of the unincorporated area of the County and incorporated area of the Cities bear to the total population of Sacramento County, excluding the City of Isleton, as disclosed by the most recent Federal Decennial Census and as updated by the California Department of Finance January 1st of each calendar year.

7.Treasurer. The Treasurer of the County shall be the depository of funds of the Commission, and said Treasurer shall be the ex officio Treasurer of the Commission.

The County may determine reasonable charges to be made against the Commission for the Services of the Treasurer, and the Commission shall pay such charges.

8.Auditing. The Auditor of the County shall be the ex officio Auditor of the Commission, and shall draw warrants against the funds of the Commission when the demands are approved by the Executive Director or his designee. At the close of each fiscal year, as provided in Government Code section 6505, the Directors may contract with a public accountant or certified public accountant to make an audit of the accounts and report of the Commission.

The County may determine reasonable charges to be made against the Commission for the services of the Auditor, and the Commission shall pay such charges.

9.Term. Except as hereinafter provided, this Agreement shall terminate and the Commission shall be deemed dissolved upon a two-thirds vote of the member

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ITEM 9.2. ATTACHMENT 2 Ordinance No. XX-2022 Page 6 of 7
agencies. Notwithstanding the foregoing, a member agency may withdraw from the Commission with at least one year’s prior written notice. Upon withdrawal, the member agency shall be liable for its proportional share of Commission liabilities, including any retirement benefits obligations, in the same proportion as distributions to member agencies have most recently been made pursuant to the provisions of Paragraph 6, above. Such member agency shall not receive or have any right to any share of Commission assets.

10.Disposition of Assets. Upon dissolution of the Commission, its remaining assets, after satisfying all liabilities, including any retirement benefits obligations, shall be distributed to member agencies in the same proportion as distributions to member agencies have most recently been made pursuant to the provisions of Paragraph 6, above unless the member agencies agree to a different distribution. Any real property owned by the Commission shall, in advance of dissolution, be conveyed by the Board of Directors to member agencies as tenants in common with proportional interests equal to the proportion of distributions most recently made pursuant to the provisions of said Paragraph 6 unless the member agencies agree to a different distribution.

11.Debts. Except to the extent provided by law, the debts, liabilities and obligations of the Commission shall not constitute any debts, liabilities or obligations either jointly or severally of the County or any city.

Amendment. This Agreement may be amended by written contract approved by and executed in behalf of the Governing Bodies of each member agency. No Franchisee or other person or entity shall be deemed to either expressly or impliedly be a party to this Agreement, a third party beneficiary thereof, or to have any interest which precludes amendment of the terms of this Agreement in any manner in which the Governing Bodies of the member agencies, in their discretion, may mutually agree.

Section 3. 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 7 th day of November, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
Donald Terry, Mayor
ATTEST:

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ITEM 9.2. ATTACHMENT 2 Ordinance No. XX-2022 Page 7 of 7
Stacy Leitner, CMC
City Clerk

Page 30 of 433 ends

MEMORANDUM
City Council Staff Report - Page 1 of 3

ITEM 9.3.

DATE: November 7, 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 NOVEMBER 7,
2022 THROUGH DECEMBER 6, 2022

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

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

BACKGROUND

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

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

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

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City Council Staff Report - Page 2 of 3

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

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

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

SUMMARY

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

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

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

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

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

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

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

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

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

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City Council Staff Report - Page 3 of 3

FISCAL IMPACT AND FUNDING SOURCE

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

ATTACHMENT(S)

1. Resolution

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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 , NOVEMBER 7, 2022 TO DECEMBER 6, 2022
WHEREAS, the City is committed to preserving and promoting public access and participation in meetings of the legislative bodies; and WHEREAS, all meetings of the City are open and public, as required by the Ralph M.

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

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ITEM 9.3. 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) December 6, 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 7th day of November 2022, by the following vote:

AYES:

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

ABSENT:

ABSTAIN:

Donald Terry, Mayor
ATTEST:

Stacy Leitner, CMC
City Clerk

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MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 9.4.

DATE: November 7, 2022

TO: Honorable Mayor and Council Members

FROM: Albert Stricker, Public Works Director
Steve Harriman, Public Works Division Manager

SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO GRANT

NON-EXCLUSIVE FRANCHISES AND EXECUTE AGREEMENTS

WITH MULTIPLE WASTE HAULING COMPANIES FOR THE

COLLECTION OF SOLID WASTE, RECYCLABLES AND ORGANIC

MATERIALS FROM BUSINESSES AND MULTI-FAMILY PROPERTIES

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would authorize the City Manager to grant non-exclusive franchises and execute agreements with multiple waste hauling companies for the collection, processing and disposal of solid waste, recyclables and organic materials from businesses and multi-family properties in Rancho Cordova for the term beginning January 1, 2023.

BACKGROUND

Chapter 6.20.060 of the Rancho Cordova Municipal Code empowers the City Council to grant non-exclusive franchises to private waste hauling companies for the collection, transportation and disposal of solid waste, recyclables and organic materials generated at businesses and multi-family properties in Rancho Cordova. The current franchise agreements expire on December 31, 2022. The following is a summary of the proposed new franchise agreement:

• Term: The term of the proposed franchise agreement is three years, from January 1, 2023 through December 31, 2025.

• 30% Waste Diversion Requirement: State Law (AB 939) requires California municipalities to divert a minimum of 50% of the waste generated within their borders from landfill disposal through source reduction, recycling and composting programs. In an effort to contribute to the City’s efforts to comply with State law, the proposed new franchise agreement requires waste hauling companies to divert a minimum of 30% of the waste they collect from their business and multi-family customers in Rancho Cordova. The proposed new agreement also requires waste hauling companies to pay a $20 per ton fee to the City if their overall quarterly diversion rate falls below 30%. The 30% diversion requirement is lower than the State’s 50% diversion

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City Council Staff Report - Page 2 of 2

requirement because many businesses recycle or compost materials they generate without the assistance of their franchised waste hauler.

• Multi-family Bulky Item Collection Service: In order to improve services and reduce illegal dumping on city streets, the proposed new franchise agreement requires waste hauling companies to offer collection services to multi-family properties for bulky items like furniture, mattresses, appliances and electronic wastes that are too large or not appropriate for collection in the regular garbage bin. The new agreement also requires waste hauling companies to provide collection services within 48 hours of a request for service by a multi-family property. Multi-family property owners, managers and tenants may negotiate rates with their waste hauler for this service and will continue to have the option to self-haul bulky items to disposal or recycling facilities.

• Commercial Recycling and Organics Requirements: State law places certain requirements on businesses and multi-family properties to implement collection programs for traditional recyclables like aluminum, glass and paper, and also organic materials like food scraps and yard clippings. The proposed new franchise agreement requires the waste hauling companies to assist their business and multi-family customers with implementation of new programs to comply with these State laws, including technical assistance, collection bins and containers, and signage.

FISCAL IMPACT AND FUNDING SOURCE

The current franchise agreement expiring on December 31, 2022 includes a ten percent franchise fee collected from businesses and multi-family properties for garbage collection and disposal, which generates approximately $800,000 annually paid by the franchisees to the City. The proposed new franchise agreement beginning January 1, 2023 includes an eight percent franchise fee on revenue collected for trash, recyclables and organic materials collection, processing and disposal. The change in the franchise fee calculation is intended to simplify the fee calculation and maintain steady revenue as future garbage collection revenue may decrease as businesses seek to comply with State law with the implementation of recycling and organics programs. Attachment 3 includes a summary of City expenses incurred for management, administration and roadway maintenance costs related to the commercial solid waste program.

ATTACHMENT(S)

1. Resolution

2. Draft Waste Haulers Franchise Agreement

3. Cost Summary

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ITEM 9.4. 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, STATE

OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO GRANT NON-EXCLUSIVE

FRANCHISES AND EXECUTE AGREEMENTS WITH MULTIPLE WASTE HAULING

COMPANIES FOR THE COLLECTION OF SOLID WASTE, RECYCLABLES AND ORGANIC

MATERIALS FROM BUSINESSES AND MULTI-FAMILY PROPERTIES

WHEREAS, beginning December 2005 the City of Rancho Cordova has granted non- exclusive franchises and executed agreements with multiple waste hauling companies for the provision of waste collection and recycling services to businesses and multi-family properties; and
WHEREAS, the term of the current franchise agreements expires on December 31, 2022; and
WHEREAS, the City Council of the City of Rancho Cordova acknowledges the need to provide state-of-the-art facilities, equipment and programs to local businesses and multi-family residential properties for the safe and legal collection, transportation, disposal and processing of garbage, recyclables, and organic materials; and
WHEREAS, the Legislature of the State of California, by enactment of California Integrated Waste Management Act (“AB 939”), Commercial Organics Recycling legislation (“AB 1826”) and Commercial Recycling legislation (“AB 341”), has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for commercial waste diversion programs within their jurisdictions; and WHEREAS, in September 2016 Senate Bill 1383 (SB 1383) was signed into law establishing methane emissions reduction targets representing the next step in California’s environmental protection strategy; and
WHEREAS, SB 1383 sets forth organics and recycling compliance targets as stated in Health & Safety Code § 39730.6 which are designed to progressively achieve California’s goal of 75% recycling, composting or source reduction of solid waste by 2025; and WHEREAS, City staff have convened multiple meetings with waste hauling companies and stakeholders to review and discuss the proposed franchise agreement; and WHEREAS, the following waste hauling companies currently hold a valid franchise with the City and have expressed interest in a new franchise beginning January 1, 2023:
• Advance Disposal
• Atlas Disposal Industries
• Ferma Greenbox
• Green Waste of Sacramento
• North Cal Hauling Company
• Patrick’s Construction Cleanup
• Quality Construction Cleanup
• Allied Waste Services of North America, LLC

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ITEM 9.4. ATTACHMENT 1 Resolution No. XX-2022 Page 2 of 3 • USA Waste of California
• Waste Removal and Recycling

WHEREAS, the City Manager may grant a non-exclusive franchise and execute an agreement with any qualified waste hauling company who submits an application to the city during the term of the proposed new franchise agreement; and WHEREAS, the franchise agreements confer significant benefits to franchisees including the use of City right of way to perform services; and
WHEREAS, the City’s franchise fees are similar to and in some instances lower than comparable or geographically proximate jurisdictions; and WHEREAS, the City has analyzed the amount of Franchise Fees charged to franchisee waste haulers and has determined that these fees are reasonable in relationship to the value and benefits conferred to each franchisee for the use of the City’s right of way to perform services pursuant to the franchise agreement as well as the increased burden to City to maintain its right of way attributed to traffic from franchisees’ vehicles; and WHEREAS, a summary covers the City expenses incurred for management, administration and roadway maintenance costs related to the commercial solid waste program; and
WHEREAS, the City Council is committed to a solid waste management program that ensures compliance with local, state and federal laws and regulations.

NOW, THEREFORE, BE IT HEREBY RESOLVED THAT THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does delegate to the City Manager, pursuant to Rancho Cordova Municipal Code section 6.20.060, the authority to grant non-exclusive franchises and execute agreements with waste hauling companies for the provision of business and multi- family waste collection and recycling services, in a form approved by the City Attorney.

NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does establish a franchise fee in the amount of eight percent (8%) paid monthly by the franchisees to the City on all Commercial Solid Waste and Drop Box Debris revenue collected pursuant to the executed franchise agreements.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 7th day of November, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Donald Terry, Mayor

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ITEM 9.4. ATTACHMENT 1 Resolution No. XX-2022 Page 3 of 3

Stacy Leitner, CMC
City Clerk

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ITEM 9.4. ATTACHMENT 2

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NON-EXCLUSIVE COMMERCIAL COLLECTION

SERVICE AND TEMPORARY C&D DEBRIS BOX

SERVICE FRANCHISE AGREEMENT BETWEEN THE

CITY OF RANCHO CORDOVA AND
[CONTRACTOR]

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ITEM 9.4. ATTACHMENT 2

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Section 1. Definitions.........................................................................................5 Section 2. Grant of Non-Exclusive Franchise.....................................................11 Section 3. Acceptance of Franchise. .................................................................11 Section 4. Term of Franchise. ...........................................................................11 Section 5. Conditions for Effectiveness. ............................................................11 Section 6. Limitations on Scope of Franchise. ...................................................12 Section 7. Franchise Fees. ................................................................................12 Section 8. Franchise Fee Payment. ...................................................................13 Section 9. Diversion Requirements...................................................................14 Section 10. Temporary C&D Debris Box Service Diversion. .................................15 Section 11. Ownership of Commercial Solid Waste and Drop Box Debris............15 Section 12. Transportation, Processing and Disposal of Commercial Solid Waste and Drop Box Debris........................................................................15 Section 13. On-Call Multi-Family Residential Property Bulky Waste Collection Service.............................................................................................16 Section 14. Commercial Collection Service. ........................................................16 Section 15. Temporary C&D Debris Box Service..................................................18 Section 16. Service Agreements. ........................................................................18 Section 17. Requirements for Diversion Plan and Annual Plan. ..........................20 Section 18. Reporting Requirements..................................................................22 Section 19. Inspection Authority. .......................................................................27 Section 20. Insurance Requirements. .................................................................27 Section 21. Indemnity. .......................................................................................29 Section 22. Equipment.......................................................................................31 Section 23. Abandoned Containers. ...................................................................32 Section 24. FRANCHISEE Provided Containers. ...................................................33 Section 25. Signs................................................................................................33 Section 26. Personnel. .......................................................................................34 Section 27. Local Office......................................................................................34 Section 28. Compliance with Law.......................................................................34 Section 29. Permits and Licenses........................................................................34 Section 30. Administrative Charges. ..................................................................34 Section 31. Changes in Law................................................................................36 Section 32. Default, Termination. ......................................................................36

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ITEM 9.4. ATTACHMENT 2

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Section 33. Conditions Upon Termination. .........................................................38 Section 34. Notices. ...........................................................................................39 Section 35. Relationship of Parties.....................................................................39 Section 36. Compliance with Law.......................................................................40 Section 37. Governing Law. ...............................................................................40 Section 38. Jurisdiction. .....................................................................................40 Section 39. Assignment. ....................................................................................40 Section 40. Binding on Successors......................................................................41 Section 41. Waiver. ...........................................................................................41 Section 42. FRANCHISEE'S Investigation.............................................................41 Section 43. Entire Agreement. ...........................................................................41 Section 44. Interpretation..................................................................................42 Section 45. Amendment. ...................................................................................42 Section 46. Severability. ....................................................................................42 Exhibits
Exhibit 1: Franchisee Diversion Plan
Exhibit 2: Annual Plan
Exhibit 3: Annual Report
Exhibit 4: City-Approved Facilities and Sample Weight Tags

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ITEM 9.4. ATTACHMENT 2

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NON-EXCLUSIVE COMMERCIAL COLLECTION SERVICE AND

TEMPORARY DEBRIS BOX SERVICE FRANCHISE

AGREEMENT BETWEEN THE CITY OF RANCHO CORDOVA
AND [CONTRACTOR]
This Non-Exclusive Commercial Collection Service and Temporary Debris Box Service Franchise Agreement (“Agreement”) is made and entered into this November 7, 2022 by and between the City of Rancho Cordova, a municipal corporation of the State of California, hereinafter referred to as “CITY”, and [Contractor], hereinafter referred to as "FRANCHISEE".

RECITALS
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (“AB 939”) (California Public Resources Code Section 40000 et seq.), has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for solid waste, recyclable materials, and organic recyclable materials handling within their jurisdictions; and
WHEREAS, the Legislature of the State of California, by enactment of Commercial Recycling legislation (“AB 341”) has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for commercial recycling within their jurisdictions; and
WHEREAS, the Legislature of the State of California, by enactment of Commercial Organics Recycling legislation (“AB 1826”), has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for commercial organics recycling within their jurisdictions; and WHEREAS, CITY has determined that the public health, safety and welfare require that non-exclusive Franchises be awarded to qualified franchisees for the collection, transport, processing and disposal of commercial solid waste, recyclable materials and organic recyclable materials in the CITY; and WHEREAS, the Legislature has found and declared in Section 49510 of the Public Resources Code that it is in the public interest to foster and encourage solid waste enterprises so that, at all times, there will continue to be competent enterprises willing and financially able to furnish needed solid waste handling service; and WHEREAS, in September 2016 Senate Bill 1383 (SB 1383) was signed into law, establishing methane emissions reduction targets representing the next step in California’s environmental protection strategy; and
WHEREAS, SB 1383 sets forth organics and recycling compliance targets as stated in Health & Safety Code § 39730.6 which are designed to progressively achieve California’s goal of 75% recycling, composting or source reduction of solid waste by 2025; and
WHEREAS, one of the purposes of this Agreement is to regulate such non- exclusive Franchises in order to ensure the orderly collection, transportation, processing and disposal of commercial solid waste, recyclables, and organics in the CITY, and to minimize the potential for adverse effects it may have on the local environment; and

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ITEM 9.4. ATTACHMENT 2

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WHEREAS, CITY requires all solid waste collectors providing commercial solid waste services in the CITY to obtain a non-exclusive Franchise for the collection of commercial solid waste (Commercial Franchise) in order to regulate this business, ensure its orderly operation, and minimize the potential for adverse effects it may have on the local environment; and
WHEREAS, CITY has determined that the FRANCHISEE does meet the requirements for the granting of such a Franchise and that the grant of a Commercial Franchise to FRANCHISEE is in the public interest; and
WHEREAS, CITY intends to receive value for the Franchise issued, through the payment by FRANCHISEE to City of a franchise fee, which represents a toll or rental for the use of CITY streets and rights of way; and
WHEREAS, the franchise agreements confer significant benefits to franchisees including the use of City right of way to perform services; and WHEREAS, the City’s franchise fees are similar to and in some instances lower than comparable or geographically proximate jurisdictions; and WHEREAS, the City has analyzed the amount of franchise fees charged to franchised waste haulers and has determined that these fees are reasonable in relationship to the value and benefits conferred to each franchisee for the use of the City’s right of way to perform services pursuant to the franchise agreement as well as the increased burden to City to maintain its right of way attributed to traffic from franchisees’ vehicles; and
WHEREAS, FRANCHISEE agrees to and acknowledges that it shall arrange for the proper disposal of all garbage and the proper processing for maximum materials recovery of all designated recyclable materials, all designated organic recyclable materials, and all construction and demolition debris collected in the CITY. CITY is not instructing FRANCHISEE how to collect, transport, process or dispose of commercial garbage, recyclables, organics or construction and demolition debris as long as its operation is consistent with the Rancho Cordova Municipal Code and all applicable State and Federal laws; and
WHEREAS, CITY and FRANCHISEE desire to enter into a non-exclusive Commercial Franchise Agreement in order that FRANCHISEE may perform garbage, recyclable material and organic recyclable material collection, transportation, processing and disposal services in the CITY.

NOW, THEREFORE, based on the mutual promises contained herein, the parties agree as follows:

Section 1. Definitions.

For the purpose of this Commercial Franchise Agreement, the definitions contained in this Section shall apply unless otherwise specifically stated. If a word or phrase is not defined in this Section, the definition of such word or phrase as contained in the Chapters 6.20 and 6.21 of the Rancho Cordova Municipal Code (“RCMC”) shall control. When not inconsistent with the context, words used in the present tense

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ITEM 9.4. ATTACHMENT 2

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include the future, words in the plural include the singular, and words in the singular include the plural. Use of the masculine gender shall include the feminine gender. a)“Applicable Law”. All federal, state, county and local laws, regulations, rules orders, judgments, decrees, rulings, permits, approvals, or other requirement of any governmental entity or regulatory or quasi-regulatory authority having jurisdiction over an aspect of the Collection Services, including judicial interpretations thereof, that are in force on the Effective Date, and as may be enacted or amended thereafter, until termination or expiration of this Agreement. b)“Bulky Waste Collection Service”. The periodic on-call Collection of Large Items, by the FRANCHISEE, and the delivery of items to a City-Approved Materials Recycling Facility or such other facility as may be appropriate under the terms of this Agreement. Bulky Waste Collection Service includes the collection of items such as, but not limited to, furniture, carpets, mattresses, electronic equipment and appliances.
c)“Business”. Business means a commercial entity, proprietorship, firm, partnership, person in representative or fiduciary capacity, association, venture, trust, or corporation that is organized for financial gain or profit, including but not limited to, offices, retail stores, markets, manufacturing facilities, warehouse and distribution facilities, restaurants, motels and hotels, theaters, medical offices, gas stations and automotive facilities; and not-for-profit organizations, associations and entities, including but not limited to, churches, hospitals, and social service organizations.
d)“CITY”. CITY means the City of Rancho Cordova, California and all the territory lying within its boundaries as presently existing or as such boundaries may be modified during the term of this Agreement.
e)“City-Approved C&D Sorting Facility”. City-Approved C&D Sorting Facility means a city-approved facility that receives C&D Debris and/or processes C&D Debris into its component material types for reuse, recycling, and disposal of residuals. f)“City-Approved Material Recovery Facility”. City-Approved Material Recovery Facility means a City-approved facility that receives mixed Recyclable Material and processes Recyclable Material into its component material types for reuse, recycling, and disposal of residuals.
g)“City-Approved Organics Processing Facility”. City-Approved Organics Processing Facility means a City-approved facility that receives Organic Recyclable Material and/or processes Organic Recyclable Material into its component material types for the recycling of organic waste, and disposal of residuals.
h)“Collection” or “Collect”. Collection means the act of picking up and removing Garbage, Recyclable Materials, or Organic Recyclable Materials at the place of generation.
i)”Collection Services”. Collection Services means FRANCHISEE’s obligations under this Commercial Franchise Agreement to collect Solid Waste within the

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ITEM 9.4. ATTACHMENT 2

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City. Collection Services incudes Commercial Collection Services and Temporary C&D Debris Box Services.
j)“Commercial Collection Services”. Commercial Collection Services means Commercial Garbage Collection Service, Commercial Recycling Collection Service and Commercial Organics Recycling Collection Services. (1)“Commercial Organics Recycling Collection Service” means the Collection of Designated Organic Recyclable Materials and/or Designated Green Materials in the CITY by FRANCHISEE and the transportation and processing of those Designated Organic Recyclable Materials.
(2) “Commercial Recycling Collection Service” means the Collection of Designated Recyclable Materials in the CITY by FRANCHISEE and the transportation and processing of those Designated Recyclable Materials. (3)“Commercial Garbage Collection Service” means the Collection of Commercial Garbage in the CITY by FRANCHISEE and the
transportation, processing and disposal of that Commercial Garbage. k)“Commercial Garbage”. Commercial Garbage means waste that is generated by a Business or Multi-Family Residential Property and Collected at such Business or Multi-Family Residential Property, but does not include Designated Recyclable or Designated Organic Recyclable Materials.
l)“Construction and Demolition Debris” or “C&D Debris”. C&D Debris means used or discarded materials resulting from construction, renovation, remodeling, repair, or demolition operations on any pavement, house, commercial building, or other structure, and such other materials as may be removed during the normal cleanup process of such construction, renovation, remodeling, repair, or demolition operations. This includes mixed construction and demolition debris and source separated recyclable construction and demolition materials that are not hazardous as defined in California Health and Safety Code Section 25100 et seq. Such materials include, but are not limited to, concrete, asphalt, wood, metal, brick, dirt, sand, rock, gravel, plaster, glass, gypsum wallboard, cardboard and other associated packaging, roofing material, ceramic tile, carpeting, masonry, plastic pipe, trees, and other vegetative matter resulting from land clearing and landscaping.
m)“Covered Generator”. Covered Generator means all Businesses and Multi-Family Residential Properties that are subject to the requirements of Chapter 6.21 of the Rancho Cordova Municipal Code.
n)“Covered Project”. Covered Project means a project defined in Rancho Cordova Municipal Code Section 16.92.020.J.
o)“Customer”. Customer means a Business or Multi-Family Residential Property owner or generator who enters into a Service Agreement with FRANCHISEE for Commercial Collection Services. Where FRANCHISEE provides services to

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ITEM 9.4. ATTACHMENT 2

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multiple Businesses or Multi-Family Residential Properties under one Service Agreement, “Customer” refers only to the party(ies) that entered into the Service Agreement with FRANCHISEE.
p)“Designated Green Materials” or “Green Materials”. Green Materials means materials that are required to be separated by Covered Generators from Commercial Garbage and Designated Recyclable Materials prior to disposal and returned for use or reuse in the form of raw materials for new, used or reconstituted products. Green Materials include, but are not limited to: yard trimmings, grass, weeds, leaves, pruning, branches, dead plants, brush, tree trimmings, dead trees, small wood pieces and other types of organic yard waste.

Green Materials does not include food scraps and paper contaminated with food scraps.
q) “Designated Organic Recyclable Materials” or “Organic Recyclable Materials” or “Organics”. Organics means materials that are required to be separated by Covered Generators from Commercial Garbage and Designated Recyclable Materials prior to disposal and returned for use or reuse in the form of raw materials for new, used or reconstituted products. Organic Recyclable Materials include the following materials: food waste, Green Materials, landscaping and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste.
r)“Designated Recyclable Materials” or “Recyclable Materials” or “Recyclables”.

Recyclables means materials that are required to be separated by Customers from Commercial Garbage and Designated Organic Recyclable Materials prior to disposal and returned for use or reuse in the form of raw materials for new, used or reconstituted products. Recyclable Materials currently include: newsprint (including inserts); mixed paper (including magazines, catalogs, envelopes, junk mail, corrugated cardboard, Kraft brown bags and paper, paperboard, paper egg cartons, and telephone books); glass containers; aluminum beverage containers; small scrap and cast aluminum (not exceeding ten (10) pounds in weight for any single item); steel including ”tin” cans and small scrap (not exceeding ten (10) pounds in weight for any single item); bimetal containers; plastic containers (#1 and #2); aseptic containers;; and those materials accepted by FRANCHISEE or CITY for Recycling, as updated from time to time.
s)“Drop Box Debris”. Drop Box Debris means used or discarded materials resulting from construction, remodeling, repair, demolition, or cleanup operations on any type of structure. May include commingled Green Materials, Recyclable Materials and non-recyclable C&D Debris.
t)“Franchise”, “Franchise Agreement” or “Agreement”. Agreement means this written document and all exhibits and amendments thereto between CITY and FRANCHISEE.
u)“Gross Revenue”. Gross Revenue means all monetary amounts actually received by FRANCHISEE for the performance of Collection Services. Gross Revenues includes all receipts from Customers inclusive of container rentals, late charges, fuel surcharges, and contamination fees. Gross Revenue does not include revenues generated from the sale of Recyclable Materials, compost, energy,

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grants, cash awards, California Department of Conservation payments, or rebates.
v)"Hauler Route”. Hauler Route means the designated weekly itinerary or sequence of stops scheduled to be performed by each individual collection vehicle providing regularly scheduled Garbage, Recyclable Materials, and Organic Recyclable Materials collection service within the FRANCHISEE’s collection Service Area under the Agreement.
w)“Hazardous Materials”. means those materials that may have a negative impact on human health or the environment, including but not limited to all hazardous materials defined in Health and Safety Code Section 25501, subdivision (n), namely any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. Under this Agreement, “Hazardous Materials” include, but are not limited to, hazardous substances, hazardous waste, per- and polyfluoroalkyl substances (“PFAS”), lead-containing paint, polychlorinated biphenyls (“PCBs”), asbestos-containing materials (“ACMs”), asbestos containing construction materials (“ACCMs”), and any material that FRANCHISEE reasonably believe(s) would, as a result of or upon acceptance, be violation of local, state, or federal law, regulation, or ordinance, including waste that cannot be disposed of in Class III landfills or material or waste that in FRANCHISEE’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose FRANCHISEE or CITY to potential liability.

Hazardous Materials does not include any materials, wastes, or Solid Waste defined as allowable materials for collection through this Agreement. x)“High Diversion Processing Facility”. A facility that handles mixed waste and diverts C&D Debris, Organic Recyclable Materials, and/or Recyclable Materials to achieve maximum recovery.
y)“Large Items”. Large Items means those materials Collected as part of Bulky Waste Collection Services that includes, but is not limited to: furniture, carpets, mattresses, white goods, brown goods, clothing, tires, or some combination of such items.
z)“Multi-Family Residential Property” or “MFD Property”. MFD Property means five (5) or more residential dwelling units located on a single parcel of land and any mobile home park located within the City.
aa)“National Contracts”. National Contracts means contracts between waste management companies and multi-sited waste generating companies that currently operate in more than one state in the United States. bb)“Organic Recyclable Materials”. See “Designated Organic Recyclable Materials”. cc)“Organics Recycling”. Organics Recycling means the process of Collecting, sorting and treating Organic Recyclable Materials and/or Green Materials that would have otherwise become Commercial Solid Waste and returning them to a safe, nuisance-free compost product by treating the materials to a controlled biological decomposition to ensure compliance with SB 1383.

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dd)“Prohibited Container Contaminants”. Prohibited Container Contaminants means any of the following:
(1) Non-Organic Recyclable Materials placed in the Organics Container, including but not limited to, textiles and carpets, manure, biosolids, digestate, sludges, non-compostable paper, Construction & Demolition Debris, and Hazardous Waste;
(2) Material placed in the Garbage Container that is specifically identified under the Agreement for collection in the Organics Container or the Recyclables Container;
(3) Non-Recyclable Material placed in the Recyclables Container. Paper products and printing and writing paper may be considered acceptable and not considered Prohibited Container Contaminants if they are placed in the Recyclables Container.
ee)“Recyclable Materials”. See “Designated Recyclable Materials”. ff)“Recycling” or “Recycled”. Recycled means the process of Collecting, sorting, cleansing, treating and reconstituting Recyclable Materials that would otherwise become Commercial Solid Waste and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the marketplace. Recycling does not include transformation as defined in Public Resources Code Section 40201. gg)“Service Agreement”. Service Agreement means a written agreement between FRANCHISEE and a Customer concerning the provision of Commercial Collection Services.
hh)“Solid Waste”. Solid Waste means all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, Construction and Demolition Debris, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes. Solid Waste does not include any Hazardous Material, including any hazardous waste or low-level radioactive waste regulated under Chapter 7.6 (commencing with Section 25800) of Division 20 of the Health and Safety Code, or medical waste. Solid Waste includes Recyclable Materials and Organic Recyclable Materials that are set out for separate Collection for the purposes of Recycling or Organics Recycling, and that are not landfilled.
ii)“Source Separate” or “Source Separated”. Source Separated means the process of removing Recyclable Materials or Organic Recyclable Materials from Garbage for the purpose of Recycling or Organics Recycling, done by the Customer. jj)“Temporary C&D Debris Box Service”. Temporary C&D Debris Box Service means Collection using 10-40 cubic yard containers provided to a Customer for the temporary Collection of Solid Waste, including Drop Box Debris, by a person or company that holds a valid non-exclusive Commercial Franchise Agreement with the City for the delivery of those materials to a certified C&D Debris sorting

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facility, whether from a covered project or not, where the material will be processed for recovery.

Section 2. Grant of Non-Exclusive Franchise.

CITY hereby grants to FRANCHISEE a Franchise for Commercial Collection Service and Debris Box Service authorizing FRANCHISEE to engage in the business of Collecting, transporting, processing, and disposing of Commercial Solid Waste and Drop Box Debris kept, accumulated or generated in CITY and to use the public streets and rights of way for such purpose.

Section 3. Acceptance of Franchise.

FRANCHISEE hereby accepts the Franchise on the terms and conditions set forth in this Agreement, Chapters 6.20 (Solid Waste Management), 6.21 (Business and Multifamily Recycling and Organics Recycling), and 16.92 (Construction and Demolition (C&D) Debris) of the Rancho Cordova Municipal Code, and all related ordinances and resolutions. Execution of this Agreement shall not constitute the notification required by Public Resources Code Section 49520.

Section 4. Term of Franchise.
a)Subject to Section 33 of this Agreement, the term of the Franchise granted to FRANCHISEE shall be from January 1, 2023 through December 31, 2025. The effective date of this Agreement shall be January 1, 2023. b)In the event CITY offers to extend the term of this Agreement, and FRANCHISEE intends to accept such offer, FRANCHISEE shall notify the Public Works Director or his or her designee in writing no later than one hundred and twenty (120) days prior to the end of the term of this Agreement.
c)In the event CITY offers to extend the term of this Agreement, either CITY or FRANCHISEE may give notice of a desire to negotiate material changes to this Agreement no later than one hundred twenty (120) days prior to the end of the term of this Agreement, and the parties agree to negotiate in good faith regarding such proposed changes.

Section 5. Conditions for Effectiveness.

The effectiveness of this Agreement is subject to FRANCHISEE's satisfaction of each and all of the conditions set forth below, each of which may be waived in whole or in part by CITY. Any such waiver must be in writing.
a)Absence of Litigation. There is no litigation pending on the effective date in any court challenging the award or execution of this Agreement or seeking to restrain or enjoin its performance.
b)Furnishing of Insurance. FRANCHISEE has furnished evidence of the Insurance required by Section 20 of this Agreement.

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Section 6. Limitations on Scope of Franchise.

Under the terms of this Franchise, FRANCHISEE has the authority to Collect only Commercial Solid Waste from Businesses and Multi-Family Residential Properties and to provide Temporary C&D Debris Box Service to all generators. a)No Collection of materials covered under the residential Collection Service and Street Sweeping Service Contract between the City of Rancho Cordova and Republic Services, or any successor contract entered into by the CITY for such service.
b)No Hazardous Waste, regardless of its source.

Section 7. Franchise Fees.
a)During the term of the Franchise, FRANCHISEE shall pay to CITY franchise fees for the privilege of using CITY streets and public rights-of-way to engage in the business of providing Commercial Collection Services and Temporary C&D Debris Box Services in CITY.
b)FRANCHISEE shall pay franchise fees on revenue generated from all Commercial Solid Waste and Drop Box Debris Collected pursuant to this Agreement regardless of the method of disposal or handling. FRANCHISEE shall pay franchise fees on all Gross Revenues collected pursuant to this Agreement.
c)Franchise fees shall be a percentage of all Gross Revenues, less franchise fees received from Customers, including those Customers that are state or federal agencies or entities located within CITY, for the provision of Commercial Collection Services and Temporary C&D Debris Box Services. The franchise fee shall be calculated based on Gross Revenues prior to FRANCHISEE imposing the franchise fee on its Customers.
d)The franchise fee percentage shall be eight percent (8%) or such other amount applicable to Commercial Franchises that may be adopted at any time during the term of this Agreement by a resolution of the City Council, or by the City Manager if the City Council has delegated such authority to the City Manager by resolution.
e)In the event the franchise fee or any other CITY fee is determined by a court to be excessive, invalid or unenforceable, then: (i) FRANCHISEE shall not be obligated to remit the future portion of the franchise fee or CITY fee deemed excessive, invalid, or unenforceable to the CITY; (ii) to the extent the Customers are entitled to a reimbursement of any excessive, invalid or unenforceable franchise fee or CITY fees, and CITY is required to reimburse FRANCHISEE in the amount of the franchise fee or CITY fees previously remitted to CITY that have been deemed excessive, invalid or unenforceable, thereafter, FRANCHISEE shall directly reimburse all Customers entitled to reimbursement in the amount attributable to each Customer account. In no event shall FRANCHISEE retain any portion of the fees reimbursed by CITY; (iii) to the extent the Customers are entitled to a reimbursement of any excessive, invalid or

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unenforceable franchise fee or CITY fees, and CITY is required by a court to directly reimburse Customers, FRANCHISEE shall assist CITY in identifying all Customers entitled to a reimbursement, quantifying the reimbursement amount attributable to each Customer account, and obtaining and providing to CITY any other information needed to satisfy the obligations imposed by a court; and (iv) CITY and FRANCHISEE will, within thirty (30) days following such court decision meet and confer to negotiate in good faith and using reasonable efforts to attempt to agree on modifications to the Agreement.

Section 8. Franchise Fee Payment.
a)Franchise fees shall be payable on a monthly basis, and shall be due and payable on the first day of the second month immediately following the month in which Gross Revenue is received. Each payment shall be calculated in accordance with the provisions of this Agreement and the Rancho Cordova Municipal Code.
b)The franchise fee shall be paid to the Public Works Director at the address set forth in Section 8. f) of this Agreement. Each payment shall be accompanied by a “gross revenue form,” verified by the person making the payment, or a duly authorized representative of that person, showing the calculation of the franchise fee payable in such form and detail as the Public Works Director may require and such other information as the Public Works Director may determine is material to a determination of the amount due.
c)If no revenue subject to the franchise fee is collected during a given month, the gross revenue form must still be submitted to the Public Works Director in the manner described in Section 8. b) of this Agreement.
d)No statement filed under this Section shall be conclusive as to the matters set forth in such statement, nor shall the filing of such statement preclude CITY from collecting by appropriate action the sum that is actually due and payable. e)If franchise fees are not paid by FRANCHISEE in the time and manner described in this Section 8 of this Agreement, then in addition to the franchise fees, FRANCHISEE shall pay a late payment charge in an amount equal to one hundred dollars ($100.00), for each business day in which the franchise fee was not timely paid.
f)FRANCHISEE shall pay all required franchise fees to:

City of Rancho Cordova
Attn: Public Works Director
2729 Prospect Drive
Rancho Cordova, CA 95670
Franchisee shall remit a copy of the gross revenue form to the Public Works Director by email at [email protected]. g)If FRANCHISEE remits franchise fees by personal delivery to CITY, such franchise fees shall be deemed timely paid only if delivered on or before 5:00

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p.m. on the due date. If FRANCHISEE remits franchise fees by mail or other delivery service, such franchise fees shall be deemed timely only if: (1) the envelope containing the franchise fee payment bears a postmark or receipt showing that the payment was mailed or sent on or before the due date; or (2) FRANCHISEE submits proof satisfactory to CITY’S Public Works Director that the franchise fee payment was in fact deposited in the mail or sent on or before said due date. An electronic remittance of the gross revenue form shall be delivered by email on or before 5:00 p.m. on the due date. h)In the event FRANCHISEE believes that it has paid franchise fees in excess of the fees due to CITY, FRANCHISEE may submit a request for refund to the Public Works Director on a form provided by the Public Works Director. If proof of overpayment is satisfactory to the Public Works Director, the Public Works Director shall refund to FRANCHISEE any overpayment. FRANCHISEE shall not apply any overpayment as a credit against any franchise fees or other amounts payable to CITY unless specifically authorized by the Public Works Director in writing.

Section 9. Diversion Requirements.
a)FRANCHISEE shall be required to divert from disposal a minimum of thirty percent (30%) of all material Collected by FRANCHISEE in each quarter of the calendar year beginning January 1, 2023.
b)FRANCHISEE will also assist the CITY in reaching CalRecycle’s seventy-five percent (75%) goal to the extent FRANCHISEE can do so without incurring additional expense or interfering with FRANCHISEE’s ability to perform its other obligations under this Agreement.
c)Diversion Requirements Calculation. For purposes of determining if FRANCHISEE achieves FRANCHISEE’S diversion requirements, the Parties agree the quarterly diversion rate will be calculated using the following formula:
“the tons of materials Collected by FRANCHISEE from the provision of Collection Services in CITY that are sold or delivered to a recycling facility, materials recovery facility, recycler, re-user, or other processing facility, divided by the total tons of materials Collected in CITY by FRANCHISEE in each quarter.” Notwithstanding any other provision of this Agreement to the contrary, no Liquidated Damages shall be assessed against FRANCHISEE for failure to meet diversion requirements during a particular quarter if during that quarter FRANCHISEE has demonstrated good faith efforts to achieve the diversion requirements by (i) implementing public education and outreach efforts as outlined in Section 17, delivering all Recyclable Materials collected hereunder to a City-Approved Materials Recovery Facility, (iii) delivering all Organic Recyclable Materials collected hereunder to a City-Approved Organics Processing Facility; and (iv) delivering all Drop Box Debris to a City-Approved C&D Sorting Facility for processing and material recovery. In addition, in determining whether to assess Liquidated Damages for failure to meet diversion requirements, City may also take into account FRANCHISEE’s other good faith

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efforts, changes in Recyclable Materials markets, availability of organics processing facilities, and documented changes in waste characterization. d)The Quarterly Reports submitted by FRANCHISEE to CITY pursuant to Section 18 shall include documentation stating and supporting each calendar quarter's diversion rate. Diversion from sources other than FRANCHISEE'S diversion shall not be counted as diversion achieved by FRANCHISEE.

Section 10. Temporary C&D Debris Box Service Diversion.

FRANCHISEE shall deliver all Drop Box Debris loads to a City-Approved C&D Sorting Facility, whether from a Covered Project or not, where the material shall be processed for maximum recovery. Under no circumstances shall Drop Box Debris loads be taken to a landfill or disposed of otherwise. All weight tickets issued by City- Approved C&D Sorting Facility(ies) for Drop Box Debris loads shall clearly indicate that the materials were sorted in a manner to achieve maximum recovery of Recyclable Materials. Exhibit 4 includes invoice templates for all City-Approved C&D Sorting Facility(ies) to be used by Franchisee. FRANCHISEE must receive written approval from CITY prior to delivering Drop Box Debris to a facility other than that listed in Exhibit

4. Section 11. Ownership of Commercial Solid Waste and Drop Box Debris.

CITY does not gain any ownership or right to possess Commercial Solid Waste or Drop Box Debris Collected by FRANCHISEE pursuant to this Agreement. Subject to the provisions of this Agreement, FRANCHISEE shall have the right to retain any benefit resulting from its right to retain, recycle, process, dispose of, or use the Commercial Solid Waste or Drop Box Debris that it Collects pursuant to the terms of this Agreement.

Section 12. Transportation, Processing and Disposal of Commercial Solid Waste and Drop Box Debris.
a)Secure Processing and Disposal Capacity. FRANCHISEE shall secure processing facility(ies) and disposal facility(ies) approved by City and provide Collection, processing, and disposal capacity to accommodate the quantity and type of Commercial Collection Service and Drop Box Debris Service provided to all of its Customers.
b)Transportation of Recyclable and Organic Recyclable Material. (1)FRANCHISEE shall Collect, transport, and deliver all Organic Recyclable Materials set out for Collection in Containers identified as containing Organic Recyclable Materials to a City-Approved Organics Processing Facility listed in Exhibit 4 for Organics Recycling. (2)FRANCHISEE shall Collect, transport, and deliver all Recyclable Materials set out for Collection in Containers identified as containing Recyclable Materials to a City-Approved Materials Recovery Facility listed in Exhibit 4 for processing and Recycling.

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(3)FRANCHISEE shall Collect, transport, and deliver all residual materials resulting from the processing of Recyclable and Organic Recyclable Material to a landfill or other disposal site for disposal as set forth in Section 12 c).
c)Transportation of Garbage. FRANCHISEE shall dispose of or process Commercial Garbage and residual resulting from the processing of Recyclable and Organic Recyclable Material Collected or transported by FRANCHISEE only by taking such Commercial Garbage to a landfill, transfer station, or a City- Approved High Diversion Processing Facility which is lawfully authorized to accept such Commercial Garbage. FRANCHISEE shall not dispose of such Commercial Garbage by depositing it on any land, whether public or private.

FRANCHISEE shall not dispose of such Commercial Garbage in any river, stream or other waterway, or in any sanitary sewer or storm drainage system.

Section 13. On-Call Multi-Family Residential Property Bulky Waste Collection Service.

FRANCHISEE shall offer Multi-Family Residential Property Bulky Waste Collection Service to Multi-Family Residential Property Customers that have a Service Agreement with FRANCHISEE, and whose Large Items have been placed within five (5) feet of the curb, swale, paved surface of the public or private roadway, closest accessible roadway, or other such location agreed to by FRANCHISEE and the Customer. The agreed upon location for placing Large Items must provide safe and efficient accessibility to FRANCHISEE’s collection crew and vehicle. Multi-Family Residential Property management must call in advance to schedule Multi-Family Residential Property Bulky Waste Collection Service. Collection will occur on the day agreed to between the Multi-Family Residential Property management and FRANCHISEE and/or within five (5) business days of request of service from Multi- Family Residential Property management. The cost for receiving this service shall be negotiated between the FRANCHISEE and Multi-Family Residential Property Customer.

Section 14. Commercial Collection Service.

FRANCHISEE must perform all Commercial Collection Services under this Agreement in a thorough and professional manner, including:
a)Commercial Recycling and Commercial Organics Recycling Collection Services.

FRANCHISEE must provide each service location Commercial Recycling and Commercial Organics Recycling Collection Services to its Customers, unless the City grants a waiver to the Customer as described in the Rancho Cordova Municipal Code. Covered Generators are required to obtain the following thresholds of service:
(1)Recycling Requirements. All Customers, regardless of the volume of Solid Waste generated, are required to arrange for Commercial Recycling Collection Services unless operating under a City approved alternative compliance or exemption as set forth in Section 14.a) (3), below; and

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(2)Organics Recycling Requirements. All Customers, regardless of the volume of Solid Waste generated, are required to arrange for Commercial Organic Recycling Services unless operating under a City approved alternative compliance or exemption as set forth in Section

14.a) (3), below; or
(3)Alternative Compliance/Exemption Form. As an alternative to Section

14.a) (1) or (2) herein, FRANCHISEE must obtain written approval from the City of an Alternative Compliance / Exemption. In the event that the FRANCHISEE must stop providing Commercial Garbage Collection Service to a Customer due to non-compliance with the CITY’s municipal code, the FRANCHISEE shall take the following steps:
i) Issue a written “Service Termination Notice” to the non- compliant Customer that the FRANCHISEE shall terminate
Commercial Garbage Collection Services within 14 days of providing that Service Termination Notice to the Service Unit.

That “Service Termination Notice” shall clearly state that it is mandatory for the Customer to subscribe to Commercial
Garbage Collection Service, Commercial Recycling Collection Service, and Commercial Organic Recycling Collection Service as required by the Rancho Cordova Municipal Code;
ii) Notify the CITY by email no more than fourteen (14) days and no less than seven (7) days before it intends to suspend service for all Commercial Garbage Collection Service Containers from the Service Unit;
iii) Lock or remove all Containers from the Service Unit; and iv) Notify the Public Works Director or his or her designee in person or by telephone within 24 hours after locking or removing all Containers from the Service Unit.
b)FRANCHISEE, upon request, shall provide the Public Works Director, and/or his or her designee, with a copy of a Service Agreement, or other document (e.g., receipt from a recycling or composting facility) demonstrating that the Customer’s Recyclable Materials and Organic Recyclable Materials are being taken to a City- Approved Material Recovery Facility and/or City-Approved Organics Processing Facility. The Service Agreement, or other documents shall be available for inspection by the Public Works Director, and/or his or her designee, at FRANCHISEE’S place of business during normal business hours within 5 business days of request.
c)Route Reviews. FRANCHISEE shall conduct a Route Review for Prohibited Container Contaminants in containers in a manner that results in twenty percent (20%) of each Hauler Route being reviewed annually. A Route Review of sixty percent (60%) of Customer accounts shall be completed over the three (3) year term.

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(1)Each inspection shall involve lifting the Container lid and observing the contents, but shall not require FRANCHISEE to disturb the contents or open any bags. Route reviews may be performed using camera technology during the collection process, in lieu of manually viewing contents by a person. FRANCHISEE may select the Containers to be inspected at random, or (if mutually agreed with City) by any other method not prohibited under the SB 1383 Regulations. For the avoidance of doubt, FRANCHISEE shall not be required to inspect every Container on a Hauler Route annually. FRANCHISEE shall include the results of each Route Review in its next regularly scheduled report to City, as required by Section 18.
(2)Notice of Contamination. Upon finding Prohibited Container Contaminants in a Container during a Route Review, FRANCHISEE shall notify the Customer of the violation in writing. The written notice shall include information regarding the Customer’s requirement to properly separate materials into the appropriate Containers. The notice may be left on the Customer’s Container, gate, or door at the time the violation is discovered, and/or be mailed, e-mailed, electronically messaged or delivered personally to the Customer. FRANCHISEE may dispose of the contents of any Container found to contain Prohibited Container Contaminants. The notice shall be provided in English and Spanish.
d)Compliance Reviews. FRANCHISEE shall at least once annually, beginning in 2023, review the records of its Commercial Business and Multi-Family Residential Complex Customers in City that are subscribed for at least two (2) cubic yards per week of combined Garbage, Organic Recyclable Material and Recyclable Materials service, to determine whether such Customers are subscribed to Organic Recyclable Material Collection service or have an applicable waiver. FRANCHISEE shall include the results of each compliance review in its regularly scheduled report to City, as required by Section 18.

Section 15. Temporary C&D Debris Box Service.
a)Upon request of a Customer, FRANCHISEE shall provide Temporary C&D Debris Box Service on a temporary on-call basis.
b)FRANCHISEE must provide Customer with Temporary C&D Debris Box Service with as little disturbance as possible and without obstructing alleys, roadways, driveways, sidewalks, or mailboxes. FRANCHISEE must place Containers in strict adherence with CITY’s right-of-way requirements and Rancho Cordova Municipal Code Service Agreements.

Section 16. Service Agreements.
a)FRANCHISEE shall execute a written Service Agreement with all Customers receiving Commercial Collection Services. Service Agreements shall incorporate, but are not limited to, the following terms and conditions:

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(1)Be clearly labeled as a Service Agreement;
(2)Describe the Commercial Collection Services to be provided by FRANCHISEE, the frequency of such services and the cost for providing such services to the Customer;
(3)Clearly state the initial term and renewal terms;
(4)Any term that is mutually agreed to by the Customer and FRANCHISEE, but recognizing that this Franchise Agreement must remain in full force and effect throughout the term of the Service Agreement; (5)May contain a provision for automatic renewal for successive periods of no longer than one (1) year, unless either party gives written notice of termination by certified or registered mail at least sixty (60) days prior to the termination date of the current Service Agreement;
(6)A term allowing for amendments as mutually agreed upon by the Customer and FRANCHISEE;
(7)Require FRANCHISEE to provide written notice to Customers of price increases not less than thirty (30) days prior to the effective date of such price increase;
(8)FRANCHISEE shall respond to Customer inquiries regarding the Service Agreement within seven (7) days, including a request by the Customer for a copy of the current franchise agreement;
(9)Include language stating that Collection Containers will be removed from the property of a Customer by FRANCHISEE within thirty (30) days of final termination of services to the Customer;
(10)Include language stating that Customers will be notified in writing within thirty (30) days of termination of this Franchise Agreement; (11)Not require Customers to pay over three (3) months liquidated damages during the renewal term and over six (6) months liquidated damages during the initial term of the Service Agreement;
(12)Not require Customers to give notice of any offer by a competitor or require Customers to give FRANCHISEE the right to respond to such offer; and
(13)Include language stating that the Service Agreement shall automatically terminate at such time as CITY terminates FRANCHISEE’s Franchise

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Agreement unless CITY concurrently provides FRANCHISEE with a new or amended franchise agreement.
(14)FRANCHISEE shall not provide Commercial Garbage Collection Services to a Customer unless:
i) The Customer is also receiving both Commercial Recycling Collection and Commercial Organics Recycling Collection Service from the FRANCHISEE; or
ii) The CITY has approved in writing the Customer’s Alternative Compliance/Exemption Form request.
b)The requirements for Service Agreements contained in this Section shall be incorporated into all new Service Agreements executed on or after the execution of this Franchise Agreement. Existing Service Agreements between FRANCHISEE and a Customer executed before the execution of this Franchise Agreement shall remain in force for the remainder of the existing contract and shall be governed by the terms and conditions specified in the existing Service Agreement, provided that such existing Service Agreements shall comply, to the extent allowable by law, with the Recycling and Organic Recycling programs established by this Franchise Agreement, Rancho Cordova Municipal Code, and California Law.
c)National contracts or agreements are exempt from the requirements of contract length and renewal terms.

Section 17. Requirements for Diversion Plan and Annual Plan. a)Diversion Plan. The Diversion Plan that is attached hereto as Exhibit 1 of this Agreement, shall be implemented by Franchisee during the first year of this Agreement and shall be considered the annual plan for that year. b)Annual Plan. FRANCHISEEs that provide Collection service to at least one (1) Multi-Family or Commercial Service Unit will prepare an Annual (calendar year) Plan and submit the plan to CITY for approval. The first proposed annual plan must be submitted for CITY review and approval no later than October 1, 2022 for the 2023 calendar year and by October 1st of each calendar year following through the term of this Agreement. The City will provide the FRANCHISEE an annual plan template as provided in Exhibit 2 of this Agreement. Specifically, the plan shall contain, but not be limited to:
(1)A methodology for how FRANCHISEE will meet City and State diversion requirements as specified in Section 9;
(2)A description of the proposed methodology for tracking compliant/noncompliant Customers, and proposed efforts for decreasing contamination levels.

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(3)A description of a minimum of three (3) outreach and education campaigns and quantifiable goals for each campaign.
i) At least one annual campaign will be directed at all Customers and will inform the Customers about both the Act, including AB 341, AB1826, and SB 1383 and applicable City requirements, and how to comply with each Law.
ii) At least one campaign will be specifically directed at those Covered Generators that are not in compliance with either the State Mandatory Commercial Recycling Law (AB 341) and/or the State Mandatory Commercial Organics Recycling Law (AB 1826) and/or Short-lived Climate Pollutants Reduction Strategy (SB 1383) and will inform them of their requirements and how they can comply;
iii) One campaign will be at the choice of FRANCHISEE and will not be directly related to campaigns in Section 17 b) (3) i) or ii). (4)CITY shall review the annual plan and notify FRANCHISEE of whether it has been approved or needs additional information within 45 days after submission. FRANCHISEE shall, at its own expense, implement the approved annual plan.
c)Education & Outreach.
(1)Prior to February 1, 2023, and annually thereafter, FRANCHISEE shall provide the following to all its Customers under this Agreement:
i) Information on the Service Recipient’s requirements to properly separate Organic Recyclable Material in appropriate containers. ii) Information on methods for: the prevention of Organic Recyclable Material generation, recycling Organics on-site, sending Organics to community composting, and any other local requirements regarding Organic Recyclable Material.
iii) Information regarding the methane reduction benefits of reducing the landfill disposal of Organic Recyclable Material, and the methods of Organic Recyclable Material recovery contemplated by the Agreement.
iv) Information regarding how to recover Organic Recyclable Material.
v) Information related to the public health and safety and environmental impacts associated with the landfill disposal of Organic Recyclable Material.
(2)The above information will be provided, at a minimum, through print and/or electronic media, and may also be provided through workshops, meetings and/or on-site visits.

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(3)Educational materials provided pursuant to the above shall be translated into Spanish.

Section 18. Reporting Requirements.
a)Monthly Reports. Franchise Fee Reports shall file with the Public Works Director in accordance with the terms in Section 8 of this Agreement. b)Quarterly Reports. FRANCHISEE shall file with the Public Works Director the following quarterly reports:
(1)Quarterly Tonnage Report. A report that contains the quantities of Garbage, Recyclable Materials and Organic Recyclable Materials Collected, transported, processed, diverted, and/or disposed from Commercial Collection Services and Temporary C&D Debris Box Services. Such report shall be in such form and detail as required by the Public Works Director. Specifically, the report shall contain, but not be limited to, the following information:
i) Garbage, Recyclable Materials and Organic Recyclable Materials tonnage Collected and removed, during the previous quarter, within the CITY by FRANCHISEE;
ii) Garbage, Recyclable Materials and Organic Recyclable Materials tonnage Collected and removed by FRANCHISEE
within the City, during the previous quarter, that was diverted and the location of the facility(ies) where such Garbage, Recyclable Materials and Organic Recyclable Materials were diverted; and
iii) Garbage, Recyclable Materials and Organic Recyclable Materials tonnage Collected and removed by FRANCHISEE
within the City, during the previous quarter that was disposed of and the location of the disposal or processing facility where the disposal or processing of such Garbage, Recyclable Materials and Organic Recyclable Materials occurred.
(2)Quarterly Compliance Status Report. A report that contains the total number of Service Units serviced with Commercial Collection Services and the number of containers, container sizes, and frequency of Collection for Garbage, Recyclable Materials, and Organic Recyclable Materials for each Commercial and MFD Service Unit. This report is to be submitted by FRANCHISEE in the event FRANCHISEE provides Commercial Collection Service to at least one (1) Service Unit. The report shall be in such form and detail as required by the Public Works Director. The report shall set forth the following information for each Customer:
i) Name and Type of Customer (Business or Multi-Family
Residential Property)

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ii) Billing Contact, address, and phone number;
iii) Service Contact, address, and phone number;
iv) Container size and Collection frequency of Garbage Collection Service;
v) Container size and Collection frequency of Recycling Materials Collection Service;
vi) Container size and Collection frequency of Organics Recycling Collection Service; and
vii) Whether or not the Customer is compliant with the Commercial Recycling and/or Organics Recycling Collection Services it is required to arrange for as set forth in Section 14.
viii) The total number of Commercial Service Units that subscribe to 2 cubic yards or more of weekly Solid Waste Collection, and the total number of those Commercial Service Units that have an Alternative Compliance/Exemption Form approved by CITY; ix) The total number of MFD Service Units that subscribe to 2 cubic yards or more of weekly Solid Waste Collection, and the total number of those MFD Service Units that have an Alternative Compliance/Exemption Form approved by CITY;
x) A list of Customers that have been issued a Service Termination Notice during the preceding quarter; and
xi) A summary of the type of follow-up outreach that was provided to those Commercial Service Units and MFD Service Units that are not subscribed to Recycling or Organics Recycling
Collection Service.
xii) Should CalRecycle require more frequent reporting, FRANCHISEE shall provide reports to the CITY on a monthly basis no later than ten (10) days after each month end. (3)Report of Route Reviews completed during the quarter including:
i) The date the review was conducted;
ii) The name and title of each person conducting the review; iii) A list of the account names and addresses covered by the review;
iv) A description of each Hauler Route reviewed, including FRANCHISEE’s route number and a description of the Hauler Route area;
v) The results of such review (i.e. the addresses where any Prohibited Container Contaminants were found), and any
photographs taken; and

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vi) Copies of any educational materials issued pursuant to such reviews.
(4)The first quarterly reports shall be due no later than 5:00 p.m. on May 1, 2023, and shall cover the period of January 1, 2023 to March 31, 2023.

Thereafter, quarterly reports shall be due no later than 5:00 p.m. on each subsequent August 1, November 1, February 1, and May 1 during the term of this Agreement. Each report shall cover the immediately preceding calendar year quarter.
(5)Quarterly reports shall be filed with Public Works Director at the location set forth in Section 34, below and shall be in a form approved by CITY.

FRANCHISEE shall maintain quarterly records, on forms approved by the Public Works Director, containing such information as may be required by the Public Works Director pertaining to the number and types of accounts served by FRANCHISEE under the terms of this Agreement. This information shall be provided to Public Works Director upon request.
c)Annual Report.
(1)FRANCHISEE shall file with the Public Works Director an annual report including the following information:
i) Public outreach and education activities undertaken during the previous year including, copies of all such information (flyers, brochures, newsletters, invoice messaging, website and social media posts, emails, and other electronic messages); the date the information was disseminated or the direct contact made; to whom the information was disseminated or the direct contact made (for mass distributions such as mailings or bill inserts, FRANCHISEE may provide the type and number of accounts
receiving the information, rather than listing each recipient individually);
ii) Collection service program changes implemented during the previous year;
iii) Large events (over 2000 attendees per day) that were provided Collection service;
iv) An update of end-markets used for sale of Recyclable Materials; v) Methodology of identifying Customer compliance status used during the previous year;
vi) A description of FRANCHISEE’s process for determining the level of Container contamination under the Agreement;
vii) Recordkeeping Requirements for Compliance with Organic Waste Collection Services. Pursuant to SB 1383, Section 18984.1 or 18984.2, including:

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(a) If FRANCHISEE allows compostable plastics to be
placed in the Organics Container, a copy of written
notification received from each facility serving the
jurisdiction indicating that the facility recovers that material.
(b) If FRANCHISEE allows Organic Recyclable Materials to be collected in plastic bags, a copy of written notification received from each facility serving the jurisdiction
indicating that the facility can process and remove plastic bags when it recovers source separated Organic
Recyclable Materials.
viii) Report of Annual Route Reviews and Compliance Reviews including:
(a) The date the review was conducted;
(b) The name and title of each person conducting the review; (c) A list of the account names and addresses covered by the review;
(d) For Route Reviews, a description of each Hauler Route reviewed, including FRANCHISEE’s route number and a
description of the Hauler Route area;
(e) For Route Reviews, the results of such review (i.e. the addresses where any Prohibited Container Contaminants
were found), and any photographs taken;
(f) For Compliance Reviews, the results of such review (i.e.

FRANCHISEE’s findings as to whether the customers
reviewed are subscribed for Organic Recyclable Material Collection service, have an applicable waiver, or neither), and any relevant evidence supporting such findings (e.g. account records); and
(g) Copies of any educational materials issued pursuant to such reviews.
ix) Documentation Relating to Observed Prohibited Container Contaminants. FRANCHISEE shall provide a report of the
following, whether observed during Route Reviews or otherwise:
(a) Copies of the form of each notice issued to generators for Prohibited Container Contaminants, as well as, for each such form, a list of the Service Recipients to which such notice was issued, the date of issuance, the Service
Recipient’s name and service address, and the reason
for issuance (if the form is used for multiple reasons); (b) The number of times notices were issued to Service Recipients for Prohibited Container Contaminants; and

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(c) The number of Containers where the contents were
disposed due to observation of Prohibited Container
Contaminants.
x) If applicable, a description of other activities undertaken pursuant to the annual plan required by this Agreement. (2)Annual reports shall be submitted to the City no later than 5:00 p.m. each March 1 during the term of this Agreement with the first annual report due no later than 5:00 p.m. on March 1, 2024. Annual reports shall cover information and activities during the immediately preceding calendar year. Annual reports shall be filed with Public Works Director at the location set forth in Section 34 and shall be in a form approved by CITY.
(3)The Public Works Director shall establish guidelines, forms and other appropriate material to assist FRANCHISEE in preparing the reports required by this Section.
d)Delinquent Reports. If any of the reports required under this Section are not filed by the due date, the report shall be deemed delinquent, and FRANCHISEE shall pay to CITY a delinquent report charge in the amount of fifty dollars ($50.00) per business day until such day that the delinquent report is provided to CITY. If the report remains delinquent for more than fifteen (15) business days, FRANCHISEE shall pay to CITY a delinquent report charge in the amount of one hundred dollars ($100.00) per business day beginning on the sixteenth (16th) business day until such day that the delinquent report is provided to CITY. Such delinquent report charge shall be in addition to any franchise fees or other charges payable by FRANCHISEE for the same period of time. Each report due shall be treated separately for purposes of this delinquent report charge, and such delinquent report charges shall be cumulative. FRANCHISEE’s failure to file the reports required by this Section shall constitute cause for termination or suspension of its Franchise pursuant to the Rancho Cordova Municipal Code and Section 32 of this Agreement.
e)Confidential or Proprietary Information. To the extent permitted by applicable law, including the California Public Records Act, any reports, plans, and information required by this Agreement stamped confidential or proprietary, shall be deemed confidential and shall not be subject to public disclosure. In the event that CITY becomes legally compelled by deposition, interrogatory, request for documents, subpoena, civil investigative demand, California Public Records Act request, or U.S. Patriot Act or similar act or process to disclose any Confidential Information, to the extent allowed by law, the CITY shall give FRANCHISEE prompt prior written notice of such requirements so that FRANCHISEE may seek a protective order or other appropriate remedy at FRANCHISEE’S sole risk and expense. f)California Public Records Act. The parties understand that the CITY is a public entity that must comply with the California Public Records Act.

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Section 19. Inspection Authority.
a)FRANCHISEE shall at all times maintain accurate and complete accounts of all revenues and income arising out of its operations under this Franchise Agreement and the information needed to complete the forms and reports required by Section 8 and Section 18 of this Agreement. FRANCHISEE’S books, accounts and records reasonably necessary for the enforcement of this Franchise Agreement shall be made available for inspection, examination and audit during normal business hours by authorized officers, employees and agents of CITY. CITY shall give FRANCHISEE written notice at least three (3) business days prior to any inspection, audit or examination of these records. b)Where the Public Works Director determines that an audit is necessary to verify the accuracy, or completeness of reported franchise fees, tonnages or diversion data, FRANCHISEE shall be responsible for reimbursing CITY the costs of performing such audit costs, including any CITY staff time, consultant services, and City Attorney services, to perform such audit.
c)FRANCHISEE shall be responsible for reimbursing CITY’S audit costs, including any CITY staff time or consultant services and City Attorney services, to perform detailed follow-up audits where CITY staff determines that documentation of franchise fees, tonnage, diversion or other data, as reported by FRANCHISEE, is inadequate, incomplete or inaccurate. Where necessary, CITY staff will retain the services of an independent consultant to verify performance and conduct any necessary diversion audits.

Section 20. Insurance Requirements.

FRANCHISEE shall obtain and shall maintain throughout the term of this Agreement, at FRANCHISEE's sole cost and expense, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of work pursuant to this Agreement by FRANCHISEE, its agents, representatives, employees or FRANCHISEEs.
a)Minimum Scope and Limits of Insurance. FRANCHISEE shall maintain at least the following minimum insurance coverage:
(1)Comprehensive General Liability: Coverage limits as required in Table

19.1 below. Combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit. (2)Automobile Liability: Coverage limits as required in Table 19.1 below.

Combined single limit per accident for bodily injury and property damage. Coverage shall include hired autos and non-owned autos.

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(3)Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the California Labor Code and Employers Liability limits per accident as required in Table 19.1 below. (4)Pollution Liability Insurance: Per occurrence, coverage limits shown below in Table 19.1 without any exclusion for bodily injury or property damage arising out of the actual, alleged or threatened discharge, dispersal, release or escape of any Hazardous Material, Solid Waste, or other pollutant..

Table 19.1
Minimum Insurance Limits per Contract Year
Contract
Reference
January 1, 2023 through
December 31, 2024
January 1, 2025 through
December 31, 2025
Comprehensive
General Liability 19 a.(1) $4,000,000 $5,000,000
Automobile Liability 19 a.(2) $4,000,000 $5,000,000
Workers Compensation
and Employers Liability 19 a.(3) $4,000,000 $5,000,000
Pollution Liability 19 a.(4) $4,000,000 $5,000,000
b)Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by CITY. FRANCHISEE shall be responsible for payment of all deductibles or self-insured retentions. c)Other Insurance Provisions. The required insurance policies are required to contain, or be endorsed to contain, the following provisions:
d)General Liability and Automobile Liability Coverage. CITY, its officers, employees, agents contractors and volunteers are to be covered as an additional insured as respects: liability arising out of activities performed by, or on behalf of FRANCHISEE; products and completed operations of FRANCHISEE; premises owned, leased or used by FRANCHISEE; and automobiles owned, leased, hired or borrowed by FRANCHISEE. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, employees, agents, contractors and volunteers.
(1)FRANCHISEE'S insurance coverage shall be primary insurance as respects: CITY, its officers, employees, agents, contractors and volunteers. Any insurance or self-insurance maintained by CITY, its officers, employees, agents, contractors or volunteers shall be in excess of FRANCHISEE'S insurance and shall not contribute with it.

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(2)Any failure to comply with reporting provisions of the policies shall not affect coverage provided to CITY, its officers, employees, agents, contractors or volunteers.
(3)Coverage shall state that FRANCHISEE'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. e)All Coverage. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled, or reduced below the minimum limits described above except after thirty (30) days' prior written notice has been given to CITY.
f)Placement of Insurance. Insurance shall be placed with insurers acceptable to CITY’S Risk Manager. FRANCHISEE must place insurance with a current A.M.

Best rating of no less than A: VII. CITY’S Risk Manager may waive or alter this requirement in writing, or accept self-insurance in lieu of any required policy of insurance if, in the opinion of the Risk Manager, the interests of CITY and the general public are adequately protected.
g)Proof of Insurance. FRANCHISEE shall furnish CITY with certificates of insurance and with original endorsements affecting coverage required by this Agreement. 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.

Proof of insurance shall be mailed or personally delivered to the address provided in Section 34 of this Agreement.
h)Acknowledgment. FRANCHISEE acknowledges that the Commercial Solid Waste, Recycling and Organics Recycling Collection Franchise granted to FRANCHISEE will not become effective, and FRANCHISEE will have no authority to perform Commercial Collection Services in the CITY, unless FRANCHISEE provides satisfactory proof of insurance prior to beginning operations as a FRANCHISEE.
i)Modification of Insurance Requirements. CITY shall retain the right at any time to review the coverage, form and amount of the insurance required hereby. If, in the opinion of the CITY’S Risk Manager, the insurance provisions in this Agreement do not provide adequate protection for CITY and for members of the public, CITY may require FRANCHISEE to obtain insurance sufficient in coverage, form and amount to provide adequate protection. CITY’s requirements shall be reasonable but shall be imposed to assure protection from and against the kind and extent of risks that exist at the time a change in insurance is required. CITY’S Risk Manger may modify these insurance requirements only upon approval of the City Council.

Section 21. Indemnity.
a)FRANCHISEE agrees to defend, with counsel agreed upon by both parties, indemnify, and hold harmless CITY and its agents, officers, contractors, servants, public officials, volunteers, and employees from and against any and all claims asserted, costs, the cost of remediation and cost recoveries pursuant to the

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Comprehensive Environmental Response, Compensation and Liability Act , losses and damages, liabilities, expenditures or causes of action of any kind (including negligent, reckless, willful or intentional acts or omissions of the FRANCHISEE, its employees, agents, subcontractors, supplier, or any person or organization directly or indirectly employed by any of them to perform or furnish any services or anyone for whose acts any of them may be liable), or injuries to any person or property, including injury to CITY employees, agents or officers which arise from, or are connected with, or are caused or claim to be caused by acts or omissions of FRANCHISEE, or their agents, officers or employees, in the performance of the non-exclusive Franchise or this Agreement, or in performing the work or services therein, and all costs and expenses of investigating and defending against same; provided, however, that FRANCHISEE'S duty to indemnify and hold harmless shall not include any claims or liability arising from the established active negligence, sole negligence, or sole willful misconduct of CITY, its agents, officers, servants and employees.
b)Hazardous Material Indemnification. FRANCHISEE agrees to defend, with counsel selected by City, indemnify, and hold harmless CITY and its agents, officers, contractors, servants, officers, volunteers, and employees from and against all claims, damages (including but not limited to special, consequential, natural resources and punitive damages), injuries, costs (including, without limit, any and all response, remediation, removal, closure, and post-closure costs), losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties, and expenses (including without limit attorneys’ and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity providing the enforcement action is successful in establishing indemnification), (collectively, “Damages”) of any kind whatsoever paid, incurred or suffered by, or asserted against, indemnities arising from or attributable to the acts or omissions of FRANCHISEE, its officers, directors, employees, companies, or agents, whether or not negligent or otherwise culpable, in connection with or related to the performance of this contract, including without limit damages arising from or attributable to any operations, repair, clean-up or detoxification, response or removal action, or preparation and implementation of any removal, remedial, response, closure, post-closure or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Material, and/or Household Hazardous Waste (collectively, “Waste”) at any places where FRANCHISEE transfers, transports, processes, stores or disposes of Solid Waste or other waste collected under this contract, irrespective of whether the concentrations of any Waste are material, whether the concentrations exceed state or federal maximum contaminant or action levels, or whether any government agency has issued a clean-up or other order. The indemnity afforded indemnitees shall only be limited to exclude coverage for intentional wrongful acts and active negligence of indemnitees. FRANCHISEE at its own expense, agrees to defend, with counsel of the CITY’s choosing, any claims for Damages asserted against CITY that would, in whole or in part, be covered by the indemnity obligations irrespective of whether such claims have

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merit. FRANCHISEE’s obligation under this indemnification provision will survive any termination of this Agreement.
c)The foregoing indemnity is intended to operate as an agreement pursuant to §107(e) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. §9607(e), and California Health and Safety Code §25364, to defend, protect, hold harmless, and indemnify CITY from liability. Nothing in this provision shall prevent FRANCHISEE from seeking indemnification or contribution from persons or entities other than indemnitees, for any liabilities incurred by the FRANCHISEE, or the indemnitees. d)Indemnification for Failure to Meet AB 939 Goals. FRANCHISEE agrees to protect and defend CITY, with counsel selected by FRANCHISEE and CITY, to pay all attorneys’ fees, and to indemnify and hold CITY harmless from and against all fines or penalties imposed by CalRecycle if the diversion goals specified in the California Public Resources Code Section 41780 as of the date hereof and hereafter throughout are not met by CITY with respect to the Materials Collected by FRANCHISEE and if the lack in meeting such goals are attributable to the failure of the FRANCHISEE to implement and operate the Recycling and/or Organics Recycling or other diversion plans and/or programs or related activities required by this Agreement. Such indemnification of CITY by FRANCHISEE shall be proportionate to FRANCHISEE’S degree of fault for the penalty or fine imposed, as required under Public Resources Code § 40059.1.

Section 22. Equipment.
a)Any and all containers provided to Customers by FRANCHISEE for storage, collection or transportation of Commercial Solid Waste, Recyclable Materials or Organic Recyclable Materials shall meet the requirements of the Rancho Cordova Municipal Code and applicable California laws.
b)Any and all vehicles used by FRANCHISEE to perform Commercial Collection Services shall meet the requirements of the Rancho Cordova Municipal Code and applicable California laws.
c)FRANCHISEE shall not operate Collection vehicles, nor perform Collection services on properties adjacent to residential uses during the hours of 8:00 PM through 6:00 AM, unless written authorization is given to FRANCHISEE from CITY. CITY reserves the right to revoke such written authorization at any time.

Should a dispute arise as to the time service was provided, FRANCHISEE must provide documentation of service to the satisfaction of the CITY. d)All collection equipment and vehicles used by FRANCHISEE shall have appropriate safety markings including, but not limited to, highway lighting, flashing and warning lights, clearance lights, and warning flags. All such safety markings shall be subject to the approval of the CITY and shall be in accordance with the requirements of the California Vehicle Code, as may be amended from time to time.
e)Each FRANCHISEE shall maintain collection equipment and vehicles in a clean condition and in good repair at all times, to the satisfaction of CITY.

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f)FRANCHISEE shall insure that all Collection vehicle loads are covered while in transit and shall not litter premises in the process of providing Commercial Collection Services or while its vehicles are on the road. FRANCHISEE shall transport all materials Collected under the terms of this Agreement in such a manner as to prevent the spilling or blowing of such materials from the FRANCHISEE'S vehicles. FRANCHISEE shall exercise all reasonable care and diligence in providing Commercial Collection Services so as to prevent spilling or dropping of Commercial Solid Waste or, Recyclable Materials or Organic Recyclable Materials and shall immediately, at the time of occurrence, clean up such spilled or dropped materials.
g)FRANCHISEE may not use any Collection vehicle for Collection Service in violation of weight limitations set forth in Applicable Law. FRANCHISEE may be assessed liquidated damages as set forth in Section 30 as a result of exceeding an overweight vehicle rate of ten percent (10%) in any month during the term of the Contract. The overweight vehicle rate will be calculated as the total number of overweight collection vehicle instances during each month, divided by the total number of collection vehicle loads transported during the same corresponding month. Prior to collecting administrative charges for overweight vehicles, the CITY shall afford FRANCHISEE a reasonable opportunity to provide the Public Work Director documentation of the extraordinary circumstance that caused the overweight vehicles. Extraordinary circumstances in this particular case include, but may be limited to, heavy rains or high winds that caused excess Organic Recyclable Material to be generated, rain to accumulate in open Collection Containers, or normal Collection routes to be delayed or shortened to extreme weather conditions. The Public Work Director shall have authority to consider FRANCHISEE’s documentation and uphold and collect the assessed charge, to reduce the charge, or waive and dismiss the charge. The Public Work Director shall also have the authority to waive charges in advance of an anticipated, or in response to and actual, emergency event.

Section 23. Abandoned Containers.
a)If FRANCHISEE abandons any container used to provide Commercial Collection Services, CITY, or its designated agent may remove the container and/or dispose of the contents of the container.
b)If CITY or its designated agent removes a container abandoned by FRANCHISEE and/or disposes of the contents of any container abandoned by FRANCHISEE, CITY may charge FRANCHISEE for CITY’S costs incurred in such removal/disposal and for CITY’S costs of storage of the container.

FRANCHISEE shall reimburse CITY for such costs within ten (10) days of the date of CITY’S invoice for such costs.
c)For the purposes of this Section, “abandoned” includes:
(1)FRANCHISEE’S failure to remove the container within the time period specified by the City Council upon termination of this Agreement;

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(2)FRANCHISEE’s failure to remove the container within a reasonable period after the expiration of this Agreement except in the case where FRANCHISEE has been granted an extension of the term of this Agreement or FRANCHISEE has been granted a subsequent Garbage, Recycling and Organics Recycling Collection Franchise authorizing FRANCHISEE to Collect and transport the type or types of Garbage, Recyclable Materials or Organic Recyclable Materials for which the container was used pursuant to this Agreement.
(3)FRANCHISEE’S failure to dispose of the contents of the container within five (5) days after the Public Works Director issues written notice to FRANCHISEE to dispose of the contents.

Section 24. FRANCHISEE Provided Containers.
a)General. FRANCHISEE shall equip and provide automatic lift containers, bins or roll-off bins for Commercial Collection Service designed and constructed to be watertight and prevent the leakage of liquids. Containers shall be sufficient to accommodate the quantity and type of Commercial Collection Service and Temporary C&D Debris Box Service to all its Customers. Upon request from CITY or Customer, FRANCHISEE shall provide locks and/or other suitable features to prevent theft of such materials.
b)Cleaning, Painting, Maintenance. FRANCHISEE shall make reasonable efforts to replace, clean or repaint all containers as needed so as to present a clean appearance.
c)Signage. FRANCHISEE shall place CITY-approved signage on all containers, bins and roll off bins. Containers must be clearly labeled and at a minimum will include FRANCHISEE’s name, customer service number, and graphics indicating acceptable and unacceptable materials to be placed in each Container type. All containers shall prominently display the type of designated material for Source Separation.
d)New Containers and Container Exchanges. All new accounts, and requests for Container exchanges from existing accounts will be done with Containers that meet SB 1383 color and labeling requirements. FRANCHISEE must comply with CalRecycle container requirements for colors, labels, and/or signage, as they may apply during the term of the Agreement.

Section 25. Signs.

FRANCHISEE shall have permanently displayed in a prominent place on the exterior of each truck used in the Collection, removal or transportation of Garbage, Recyclable Materials or Organic Recyclable Materials under this Agreement a sign which contains such information as is required by regulation of the city engineer adopted pursuant to the provisions of the California Code of Regulations, Title 14, Section 17344.

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Section 26. Personnel.
a)Driver Qualifications. FRANCHISEE agrees that all drivers shall be trained and qualified in the operation of collection vehicles and must have in effect a valid license, of the appropriate class, issued by the California Department of Motor Vehicles.
b)Safety Training. FRANCHISEE shall provide suitable operational and safety training for all of its employees who use or operate vehicles or equipment for collection of Garbage, Recyclable Materials and Organic Recyclable Materials, or who are otherwise directly involved in such collection.

Section 27. Local Office.

FRANCHISEE shall at all times maintain a central office within CITY, or within the metropolitan area immediately adjacent to CITY, where a representative of FRANCHISEE can be reached by telephone 8:00 a.m. through 5:00 p.m., Mondays through Fridays, legal holidays excepted. Such office shall have a local telephone number so that Customers served by the FRANCHISEE may contact the FRANCHISEE without the necessity of making a long distance telephone call.

Section 28. Compliance with Law.

FRANCHISEE shall perform all Collection, transportation and disposal operations in accordance with applicable federal, state, and local law, including the Rancho Cordova Municipal Code, and in accordance with all regulations promulgated under such laws, and in accordance with the terms and conditions of this Agreement.

Section 29. Permits and Licenses.

FRANCHISEE shall obtain and maintain, at FRANCHISEE'S sole cost and expense, all permits and licenses applicable to FRANCHISEE'S operations under this Agreement required of FRANCHISEE by any governmental agency.

Section 30. Administrative Charges.

It shall be the duty of FRANCHISEE to perform services under this Agreement in such a manner as to ensure that services are of the highest caliber. In the event FRANCHISEE fails to perform the services set forth in this Agreement, CITY may assess administrative charges against FRANCHISEE in the following amounts:
a. Failure to clean up spillage or litter caused by
FRANCHISEE.
1st violation $200.00;
2nd violation $500.00;
3rd violation $1,000.00
b. Failure to maintain equipment in a clean, safe,
and sanitary manner.
1st violation $200.00;
2nd violation $500.00;
3rd violation $1,000.00

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c. Failure to have a vehicle operator properly
licensed.
1st violation $200.00;
2nd violation $500.00;
3rd violation $1,000.00
d. Failure to properly cover materials in Collection
vehicles.
1st violation $200.00;
2nd violation $500.00;
3rd violation $1,000.00
e. Failure to return CITY or CITY’s representative
calls, e-mails or correspondence two or more
times within thirty (30) consecutive days
$200.00 per occurrence
f. Disposal of Source Separated Recyclable
Materials, and/or Organic Recyclable Materials in
a disposal facility or landfill without first obtaining the written permission of CITY.
$500.00 per occurrence
g Disposal of Drop Box Debris at any facility other
than a City-Approved C&D Sorting Facility
without first obtaining the written permission of
CITY.
$500.00 per occurrence
h. Failure to deliver any Collected materials to a
disposal facility, City-Approved Material Recovery
Facility, City-Approved Organics Processing
Facility or other processing facility as appropriate,
except as otherwise expressly provided in this
Agreement.
$5,000.00 first failure;
$25,000.00 each
subsequent failure
i. Failure to submit complete and correct
information or reports on time and in accordance
with Section 8 and Section 18 of this Agreement.
$50.00 per day for 1 – 15
business days delinquent;
$100 per day greater than
15 business days
delinquent
j. Failure to submit franchise fee payment in
accordance with Section 8 of this Agreement.
$100 per business day
k. Failure to meet diversion requirements in
accordance with Section 9 of this Agreement.
$20.00 per one ton
shortfall needed to meet
30% diversion
requirement per quarter
l. Failure to have Collection container compliant
with SB 1383 specifications in Section 24.
$50.00/each Collection
Container not compliant.
m. Failure to maintain call center hours as required
by this Agreement. $100 per day.

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ITEM 9.4. ATTACHMENT 2

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n. Operation of overweight Collection Vehicles, as
set forth by Section 22.
$500 per day per load
after CITY has considered
FRANCHISEE’s reason
for overweight vehicles.
o. Failure to remove collection containers from
Customer property within 10 business days
following termination of Customer Service
Agreement or notification from City Agreement
Administrator of the approval for an Alternative
Compliance or Exemption.
$50 per day.
p. Failure to comply with the requirements of this
Agreement or Rancho Cordova Municipal Code
not specified in items a. through n. following
written notice from CITY to FRANCHISEE of
deficiency.
$250.00 per incident
Section 31. Changes in Law.
a)CITY and FRANCHISEE understand and agree that the California Legislature has the authority to make comprehensive changes in Solid Waste Management legislation and that these and other changes in law in the future which mandate certain actions or programs for counties or municipalities may require CITY to make changes or modifications in some of the terms, conditions or obligations under this Agreement. FRANCHISEE agrees that the terms and provisions of the Rancho Cordova Municipal Code, as it now exists or as it may be amended in the future, shall apply to all of the provisions of this Agreement and the Customers of FRANCHISEE located within the CITY.
b)FRANCHISEE shall not receive diversion credit for Designated Green Materials or other Designated Organic Recyclable Materials that are delivered to a City- Approved Organics Processing Facility or other facility for disposal if that facility uses such material for alternative daily cover and, as of that date, FRANCHISEE shall not report Designated Green Materials or other Designated Organic Recyclable Materials as diversion on its quarterly reports if such material is delivered to a City-Approved Organics Processing Facility or other facility for disposal if that facility uses such material for alternative daily cover.

Section 32. Default, Termination.
a)Default. Except for the occurrence of Force Majeure, in the event of any material failure or refusal of FRANCHISEE to comply with any obligation or duty imposed on FRANCHISEE under this Agreement or the Rancho Cordova Municipal Code, the Public Works Director and FRANCHISEE shall meet and confer in good faith in an effort to agree on a resolution and cure of the breach. If the parties are unable to agree on the informal resolution or cure of the breach within ten (10) business days, the City Council shall have the right to terminate this Agreement if:

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ITEM 9.4. ATTACHMENT 2

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(1)Following the ten (10) day meeting period described above, the Public Works Director shall have given written notice to FRANCHISEE specifying that a particular default or defaults exists which will, unless corrected, constitute a material breach of this Agreement on the part of FRANCHISEE, and
(2)FRANCHISEE fails to correct such default or fails to take reasonable steps to commence to correct such default within thirty (30) days from the date of the notice given by the Public Works Director under Section a. (1) above and FRANCHISEE thereafter fails to diligently continue to take reasonable steps to correct such default.
b)The following events shall also constitute a material breach and default under this Agreement:
(1)Misrepresentation. Any misrepresentation or disclosure made to CITY by FRANCHISEE in connection with or as an inducement to entering this Agreement or any future amendment to this Agreement, which proves to be false or misleading in any material respect as of the time the representation or disclosure is made, whether or not any such representation or disclosure appears as part of this Agreement. (2)Fraud or Deceit. If FRANCHISEE practices, or attempts to practice, any fraud or deceit upon CITY.
(3)Failure to Maintain Coverage. If FRANCHISEE fails to provide or maintain in full force and effect any of the insurance coverage as required by this Agreement.
(4)Violations of Regulation. If FRANCHISEE violates any permits, orders or filing of any regulatory body having jurisdiction over FRANCHISEE which violation or non-compliance materially affects FRANCHISEE'S ability to perform under this Agreement, provided that FRANCHISEE may contest any such orders or filings by appropriate proceedings conducted in good faith, in which case no breach of the Franchise shall be deemed to have occurred during the pendency of the contestation or appeal, to the extent FRANCHISEE is able to adequately perform during that period.
(5)Acts or Omissions. Any other act or omission by FRANCHISEE which materially violates the terms, conditions, or requirements of this Agreement, Rancho Cordova Municipal Code, AB 939, as it may be amended from time to time, or any order, directive, rule, or regulation issued thereunder and which is not corrected or remedied within the time set in the written notice of the violation or, if FRANCHISEE cannot reasonably correct or remedy the breach within the time set forth in such notices, if FRANCHISEE should fail to commence to correct or remedy

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ITEM 9.4. ATTACHMENT 2

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such violation within the time set forth in such notice and diligently effect such correction or remedy thereafter.
(6)Termination of Service. In the case of a breach related to the above Sections b. (1) through (5), and the breach continues for more than thirty (30) calendar days after written notice from the Public Works Director for the correction thereof, provided that where such breach cannot be cured within such thirty (30) day period, FRANCHISEE shall not be in default of this Agreement if FRANCHISEE shall have commenced such action required to cure the particular breach within ten (10) calendar days after such notice, and it continues such performance diligently until completed.
c)Termination. Upon the occurrence of a material breach, the City Council shall have the right to terminate this Agreement. In the event FRANCHISEE fails to cure the material breach specified in a written notice from the Public Works Director, then failure to cure may result in a declaration of termination of this Agreement by CITY.
d)Force Majeure. The performance of this Agreement may be discontinued or temporarily suspended in the event of Force Majeure. FRANCHISEE shall not be deemed to be in default and shall not be liable for failure to perform under this Agreement if FRANCHISEE’S performance is prevented or delayed by Force Majeure. For purposes of this Section, Force Majeure means acts of God including landslides, lightning, forest fires, storms, floods, freezing and earthquakes, civil disturbances, strikes, lockouts, or other industrial disturbances, acts of the public enemy, wars, blockades, public riots, breakage, explosions, or government restraint. Notwithstanding anything to the contrary herein, CITY and FRANCHISEE agree that the settlement of strikes, lockouts or other industrial disturbances, and litigation, including appeals, shall be entirely within the discretion of FRANCHISEE and FRANCHISEE may make settlement thereof at such time and on any such terms and conditions as it may deem to be advisable, and no delay in making such settlement shall deprive FRANCHISEE of the benefit of this Section.
e)The Public Works Director shall serve written notice, either personally or by registered or certified mail, postage prepaid of the termination of a Franchise under this Agreement to the last place of business of FRANCHISEE and FRANCHISEE shall cease operation under its Franchise within ten (10) calendar days.

Section 33. Conditions Upon Termination.
a)In the event this Agreement is terminated:
(1)FRANCHISEE shall have no right or authority to provide Commercial Collection Services in CITY.

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ITEM 9.4. ATTACHMENT 2

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(2)FRANCHISEE shall, however, remain liable to CITY for any and all franchise fees that would otherwise be payable by FRANCHISEE, for any and all late payment charges and interest assessed pursuant to Section 8 of this Agreement and for any and all delinquent report charges assessed pursuant to Section 18 of this Agreement. (3)FRANCHISEE shall have a continuing obligation to submit to CITY all reports and forms required by Section 8 and Section 18 of this Agreement that relate to Commercial Collection Services performed by FRANCHISEE up to and including the date of termination. b)In the event this Agreement is terminated, then within the time period specified by the City Council and if directed by the Public Works Director, FRANCHISEE shall remove all of FRANCHISEE’S containers from all of FRANCHISEE’S Collection Service locations within the City and shall properly dispose or process all Garbage, Recyclable Materials and Organic Recyclable Materials in such containers.

Section 34. Notices.

Except as otherwise provided in this Agreement, all notices required by this Agreement shall be given by personal service, overnight delivery service, or by deposit in the United States mail, postage pre-paid and return receipt requested, addressed to the parties as follows:

To CITY: Director of Public Works
Attn: Albert Stricker
City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 95670
Email: [email protected]
Phone: (916) 851-8700
To FRANCHISEE: Name
Company
Address
Email:

Phone:

Notice shall be deemed effective on the date personally served or, if mailed, three days after the date deposited in the mail unless otherwise specified in this Agreement.

Section 35. Relationship of Parties.

The parties intend that FRANCHISEE shall perform the services required by this Agreement as an independent FRANCHISEE and not as an officer or employee of CITY nor as a partner of or joint venturer with CITY. No employee or agent of FRANCHISEE

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ITEM 9.4. ATTACHMENT 2

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shall be deemed to be an employee or agent of CITY and shall not obtain any rights to retirement benefits, worker's compensation benefits, or any other benefits which accrue to the employees of CITY by virtue of their employment with said agency. Except as expressly provided herein, FRANCHISEE shall have the exclusive control over the manner and means of conducting the Commercial Collection Services performed under this Agreement and all persons performing such services. FRANCHISEE shall be solely responsible for the acts and omissions of its officers, employees, subcontractors and agents.

FRANCHISEE agrees that this Agreement is not made in the interest of, or on behalf of, any undisclosed person, partnership, Franchisee, association, organization, or corporation. FRANCHISEE has not directly or indirectly colluded, conspired, connived or agreed with any person, partnership, FRANCHISEE, association, organization, or corporation to secure any advantage against CITY.

Section 36. Compliance with Law.

In providing the services required under this Agreement, FRANCHISEE shall at all times, at its sole cost, comply with all applicable laws of the United States, the State of California, CITY and other states, or counties which may have jurisdiction over any service provided in this Agreement and with all applicable regulations promulgated by any federal, state, regional or local administrative and regulatory agency, now in force and as they may be enacted, issued or amended during the term of this Agreement.

Section 37. Governing Law.

This Agreement, and all rights, obligations, duties, and liabilities pursuant to it, shall be governed by, and construed and enforced in accordance with, the laws of the State of California.

Section 38. Jurisdiction.

The parties agree that any litigation concerning or arising out of this Agreement shall be filed and maintained exclusively in the Municipal or Superior Courts of Sacramento County, State of California, or in the United States District Court for the Eastern District of California to the fullest extent permissible by law. With respect to venue, the parties agree that this Agreement is made in and will be performed in the CITY. Each party consents to service of process in any manner authorized by California law.

Section 39. Assignment.
a)FRANCHISEE acknowledges that this Franchise Agreement involves rendering a vital service to the businesses within CITY, and that CITY has franchised FRANCHISEE to perform the services specified herein based on: (1) FRANCHISEE'S experience, skill and reputation for conducting its Commercial Collection Services and Temporary C&D Debris Box Services in a safe, effective and responsible fashion, at all times in keeping with applicable waste management laws, regulations and good Garbage, Recyclable Materials and Organic Recyclable Materials management practices; and (2) FRANCHISEE's

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ITEM 9.4. ATTACHMENT 2

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financial resources to maintain the required equipment and to support its indemnity obligations to CITY under this Agreement. CITY has relied on each of these factors, among others, in choosing FRANCHISEE to perform the services to be rendered by FRANCHISEE under this Agreement.
b)Any Franchise granted is a privilege to be held in trust by the original FRANCHISEE. This Franchise Agreement shall not be transferred, sold, leased, assigned, or relinquished, or delegated to another person, either in whole or in part, whether by forced sale, merger, consolidation, bankruptcy laws or otherwise, without the prior approval of the City Council. This restriction includes the transfer of ownership of FRANCHISEE, or a majority of the ownership or control of FRANCHISEE, or the conveyance of a majority of FRANCHISEE's stock to a new controlling interest. This Agreement shall become void upon the abandonment of same by FRANCHISEE. The City Council shall not unreasonably withhold approval of a Franchise assignment, provided that such assignment does not unreasonably impact competition and the assignee is qualified to perform its obligations as required by this Franchise Agreement and any implementing CITY ordinance.
c)FRANCHISEE shall promptly notify the Public Works Director in writing in advance of any proposed assignment, sale, or transfer. In the event the City Council approves of any assignment, sale, or transfer, said approval shall not relieve FRANCHISEE of any of its obligations or duties under this Agreement unless this Agreement is modified in writing to that effect.

Section 40. Binding on Successors.

The provisions of this Agreement shall inure to the benefit of and be binding on the successors and permitted assigns of the parties.

Section 41. Waiver.
a)The waiver by either party of any breach or violation of any provisions of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach or violation of the same or any other provision.
b)The subsequent acceptance by either party of any monies, which become due hereunder, shall not be deemed to be a waiver of any preexisting or concurrent breach or violation by the other party of any provision of this Agreement.

Section 42. FRANCHISEE'S Investigation.

FRANCHISEE has made an independent investigation, satisfactory to it, of the conditions and circumstances surrounding the Agreement and the work to be performed by it.

Section 43. Entire Agreement.

This Agreement, including any Exhibits, represents the full and entire Agreement between the parties with respect to the matters covered herein.

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ITEM 9.4. ATTACHMENT 2

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Section 44. Interpretation.

This Agreement shall be interpreted and construed reasonably and neither for nor against either party, regardless of the degree to which either party participated in its drafting.

Section 45. Amendment.

This Agreement may not be modified or amended in any respect except by a written agreement duly approved and signed by the parties.

Section 46. Severability.

If any nonmaterial provision of this Agreement is for any reason deemed to be invalid and unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement, which shall be enforced as if such invalid or unenforceable provision had not been contained herein.

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ITEM 9.4. ATTACHMENT 2

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above

CITY OF RANCHO CORDOVA FRANCHISEE
_______________________________ __________________________ Cyrus Abhar, City Manager Name
Title
Date: ____________________ Date: ____________
Attest:
____________________________
Stacy Leitner, CMC, City Clerk
Date: ____________________
Approved as to Form:
____________________________
Adam Lindgren, City Attorney
Date: ____________________
5195835.4

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ITEM 9.4. ATTACHMENT 2

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Exhibit 1
City of Rancho Cordova, CA

FRANCHISEE DIVERSION PLAN

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ITEM 9.4. ATTACHMENT 2

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Exhibit 2
City of Rancho Cordova, CA

ANNUAL PLAN TEMPLATE
Due October 1st Annually
Please complete the following annual plan, detailing your compliance with requirements as provided in Section 9 and Section 18.
(1) Describe the methodology to meeting the City and State’s diversion requirements as specified in Section 9 (30% diversion requirement). (2) Provide a description of the following related to SB 1383 Covered Generators:
a. Proposed methodology for identifying Covered Generators b. Proposed methodology for tracking compliant and noncompliant Covered Generators
c. Proposed efforts for increasing subscription levels. (3) Complete details for your Company’s three education and outreach campaigns:

Campaign #1 – Directed to all customers specific to organics and recycling. a. Please provide the specific education and outreach material to be provided to all business customers:
b. Please provide the specific education and outreach material to be provided to multifamily residential property customers:
c. Please attach the signage that will be provided to customers for outdoor solid waste, recyclable material and organic recyclable material carts, bins and roll-off containers. How will these signs be attached to the carts, bins and roll off containers?
d. Please attach the signage that will be provided to customers for indoor signage for garbage, recyclable material and organic recyclable material carts and bins. Will this be made available to customers online and/or printed? Free or at charge?

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ITEM 9.4. ATTACHMENT 2

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Campaign #2 – Directed to all non-compliant customers (those that do not have recycling and/or organics service and have not received an approved exemption from the City. If efforts for each service are different, please specify. a. Please provide the reinforcement mechanism you will use to follow-up with noncompliant businesses:
b. Please provide the reinforcement mechanism you will use to follow-up with noncompliant multifamily residential properties:

Campaign #3 – Company’s choice
a. Please provide details about the additional education and outreach campaign that you plan to engage:

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ITEM 9.4. ATTACHMENT 2

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Exhibit 3
City of Rancho Cordova, CA

ANNUAL REPORT
Due March 1st Annually
Please complete the following report, detailing your compliance with requirements as provided in Section 18.

1. Report Back on 3 Campaigns (Please provide a status update of the efforts made during the previous calendar year to implement the campaigns as provided in your annual plan in October).
Campaign #1 – Directed to all customers. If efforts for each law were different, please specify.
Campaign #2 – Directed to all non-compliant customers. If efforts for each law were different, please specify.
Campaign #3 – Company’s choice

2. New Outreach Material Developed (Please indicate any outreach material that is new i.e. was created in previous calendar year –updates to existing outreach material to be mentioned in following question).

3. Updates to Ongoing Outreach Material (Please indicate if/what updates were made to existing outreach material such as your website, annual print material, etc.).

4. New Programs Developed (Please indicated any programs that were created in the previous calendar year - include description, dates performed, and outcomes of each program).

5. Ongoing Program Updates (Please indicate any ongoing project updates – include a description, dates performed, and outcomes of each program).

6. Events that were Provided Services (Please indicate any events within the City that you provided disposal or diversion services to – additionally, indicate any

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ITEM 9.4. ATTACHMENT 2

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events that had over 2,000 event attendees + staff, AND admission price was charged – Include if/how waste was diverted at the event).

7. Provide an update on end-markets for Recyclable Materials and any identified fluctuations from the previous calendar year.

Company: __________________________ Name (printed): ____________________ Signature: _________________________________________ Date: ____________ Reminder: The City will send a follow-up reminder in September notifying of the annual plan requirements for the following year.

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ITEM 9.4. ATTACHMENT 2

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Exhibit 4
City of Rancho Cordova, CA
City-Approved Facilities and Sample Weight Tags
FRANCHISEE to provide copies of weight tags & list of facilities for processing and disposal – for City-Approval.

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ITEM 9.4. ATTACHMENT 3 City’s Annual Expense Summary for
Commercial Solid Waste Program
Expense Category Annual Expense
City Staff $600,000
Legal and Consultants $114,000
Street Impact Fees $35,000
Street Tree Maintenance $45,000
Equipment and Materials $6,000
Total $800,000

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MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 9.5.

DATE: November 7, 2022

TO: Honorable Mayor and Council Members

FROM: Dalia Fadl, Principal Engineer

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

AN ANNUAL STORMWATER UTILITY FEE FOR THE MAINTENANCE

OF STORM DRAINAGE AND FLOOD PROTECTION SYSTEMS FOR

THE SUN CENTER DRIVE WAREHOUSE PROJECT

RECOMMENDATION

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

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would declare the Council’s intention to impose an annual Stormwater Utility Fee for the maintenance of the storm drainage and flood protection system in the Sun Center Drive Warehouse project and set a public hearing for November 21, 2022 on the matter.

BACKGROUND

The Council previously approved the Sun Center Drive Warehouse project with a condition of approval which requires that the property owner fund operation and maintenance of the storm drainage system. This condition will be satisfied by participation in the City’s Stormwater Utility Fee for storm drainage and flood protection services, which is the subject of this action.

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

DISCUSSION

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

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City Council Staff Report - Page 2 of 2

protection improvements.

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

In accordance with Article XIII D, the “Procedures for the Conduct of a Protest Hearing and Balloting Relating to a Proposed Stormwater Utility Fee” as set forth in Attachment 2 and incorporated herein by reference (the “Procedures”).

The Resolution (Attachment 1) sets the public hearing at 5:30 p.m., or as soon thereafter as possible, on November 21, 2022, as the time and date for a hearing on the matters set forth therein and directs the City Clerk to give notice of the public hearing. Notice of the Public Hearing will be published in the Grapevine Independent as required by law.

FISCAL IMPACT AND FUNDING SOURCE

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

ATTACHMENT(S)

1. Resolution

2. Exhibit A to the Resolution

3. Annexation Boundary Map

4. Stormwater Utility Fee- Rate Sheet FY22-23

5. Petition w Waivers

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ITEM 9.5. ATTACHMENT 1 Resolution No. XX-2022 Page 1 of 2

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2022

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

STATE OF CALIFORNIA,DESIGNATING A TIME AND PLACE FOR HEARING PROTESTS

IN CONNECTION WITH THE ANNUAL STORMWATER UTILITY FEE FOR THE SUN

CENTER DRIVE WAREHOUSE PROJECT

WHEREAS, the Stormwater Utility Fee was established on September 2, 2014 by Ordinance No. 7-2014 to fund services and facilities furnished by the City in connection with its storm drain system. The Proposed Stormwater Utility Fee may be billed through the County Utility Billing Service (CUBS) as part of the consolidated utility bill or may be collected on the County of Sacramento tax roll, commencing in Fiscal Year 2022-2023, in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the City in the manner prescribed by Sections 5471 et seq. of the California Health and Safety Code; and

WHEREAS, this Council has caused a written report entitled, "Rate Analysis Report", dated August 7, 2014, (the "Written Report") prepared by Harris & Associates and filed with the City Clerk containing a description of each parcel of real property within the City to which the Proposed Stormwater Utility Fee is applicable (collectively, the "Identified Parcels") and the amount of the Proposed Stormwater Utility Fee for each such Identified Parcel for Fiscal Year 2014-15. The Written Report is on file in the office of the City Clerk and is available for public inspection; and

WHEREAS, Article XIII D of the California Constitution and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750, et seq.) (the "Implementation Act") imposes certain procedural and substantive requirements relating to the imposition of property- related fees and charges (as defined in Article XIII D), such as the Proposed Stormwater Utility Fee, including the requirement to conduct a protest hearing and balloting for consideration of the Proposed Stormwater Utility Fee. In accordance with Article XIII D and the Implementation Act, the City Council hereby approves the "Procedures for the Conduct of a Protest Hearing and Balloting Relating to a Proposed Stormwater Utility Fee" as set forth in Exhibit A and incorporated herein by reference (the "Procedures"); and

WHEREAS, this Council has received petitions and waivers from the owners of 100% of the area of land proposed to be included in the Proposed Stormwater Utility Fee in which the Petitioner has waived all notices of hearings and all published notices regarding the establishment of the stormwater utility fee, notices of election, and applicable waiting periods.

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

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

2. Notice is hereby given that the City Council designates Monday November 21, 2022, at the hour of 5:30 p.m., in the Council Chambers, City Hall, 2729 Prospect Park Drive, Rancho Cordova, California, as the time and place for a public hearing on the above- described written report and protests or objections to the imposition of the proposed Stormwater Utility Fee. At the above-described public hearing, all interested persons

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ITEM 9.5. ATTACHMENT 1 Resolution No. XX-2022 Page 2 of 2 shall be afforded the opportunity to hear and be heard, and the City Council shall consider all protests against the Proposed Stormwater Utility Fee. If written protests against the Stormwater Utility Fee are presented by a majority of owners of the Identified Parcels, the City shall not impose the Proposed Stormwater Utility Fee. In the absence of a majority protest, the City Council may submit the Proposed Stormwater Utility Fee to a vote of the property owners in accordance with Article XIII D of the California Constitution.

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

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

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

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 7th day of November 2022 by following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Donald Terry, Mayor

Stacy Leitner, CMC
City Clerk

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ITEM 9.5. ATTACHMENT 2
Exhibit A to the Resolution

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EXHIBIT "A"

PROCEDURES FOR THE CONDUCT OF A

PROTEST HEARING AND VOTE RELATING TO A PROPOSED

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

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

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A. Written Report
The City shall cause to be prepared a written report ("Written Report"), which shall contain a list of all parcels to which the Proposed Stormwater Utility Fee will apply (the "Identified Parcels") and the amount of the Proposed Stormwater Utility Fee for each Identified Parcel for Fiscal Year 2020-2021.

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

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

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ITEM 9.5. ATTACHMENT 2
Exhibit A to the Resolution

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

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

Each mailed notice shall contain all of the following:
· A reference to filing of the Written Report;
· A reference to the proposed ordinance imposing the Proposed Stormwater Utility Fee and providing for the collection of the Fee on the County tax roll; · The amount of the Proposed Stormwater Utility Fee to be imposed upon the Identified Parcel covered by the notice;
· The basis upon which the amount of the Proposed Stormwater Utility Fee was calculated; · The reason for the Proposed Stormwater Utility Fee;
· A statement that the Proposed Stormwater Utility Fee may be collected as part of a consolidated utility bill via CUBS or on the County of Sacramento tax roll each year, commencing with Fiscal Year 2021-2022.
· The effect of a majority protest; and
· The date, time and location of a public hearing on the Proposed Stormwater Utility Fee.

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

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

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

C. Eligibility to File a Protest
The Assessment Roll shall be presumptive evidence of ownership of an Identified Parcel for protest purposes.

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ITEM 9.5. ATTACHMENT 2
Exhibit A to the Resolution

Page 3 ends

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

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

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

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

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

No protests delivered via e-mail will be counted for purposes of determining whether a majority protest exists, but the City Council may, in its discretion, consider such protests in making determinations regarding the Proposed Stormwater Utility Fee Each written protest must identify the property covered by the protest and be signed.

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

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

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

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ITEM 9.5. ATTACHMENT 2
Exhibit A to the Resolution

Page 4 ends

All written protests shall be considered public records.

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

1. At the time, date and place fixed for the public hearing, the City Council shall:
(i) Conduct a public hearing pertaining to the Proposed Stormwater Utility Fee; (ii) Hear all persons interested in the matter of the Proposed Stormwater Utility Fee; and (iii) Receive all written communications regarding the Proposed Stormwater Utility Fee.

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

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

4. If the City Council determines at the close of the public hearing that there is not a majority protest, the City Council may:
(i) Remedy and correct any clerical error in the Written Report or otherwise modify the Written Report; provided that any such modification or correction shall not result in a Proposed Stormwater Utility Fee for any Identified Parcel which is greater than the amount shown in the notice of the public hearing that was mailed to the Record Owner of the Identified Parcel;
(ii) Confirm the Written Report, as originally filed or as amended in accordance with subparagraph (i), above;
(iii) Adopt a resolution calling for a property owner vote regarding the Proposed Stormwater Utility Fee.

F. Conduct Property Owner Vote: Determination of a Majority Consent Pursuant to Government Code Section 53755.S(c), the proceedings described in this section shall not constitute an election or voting for purposes of Article II of the California Constitution or of the Elections Code.

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

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

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

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

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

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

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

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

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

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

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Legend
Annexation Boundary
Parcel Boundary

SUNRISE BLVD
APN
072-0490-009

SUN CENTER DR
GO
LD T
AILING
S
CT
!

CITY OF RANCHO CORDOVA

STORMWATER UTILITY FEE AREA
ANNEXATION 35

SUN CENTER DRIVE WAREHOUSE
ITEM 9.5.

ATTACHMENT 3

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ITEM 9.5. ATTACHMENT 4 Stormwater Utility Fee
Sample of the Stormwater Utility Fees for Fiscal Year 2022-2023:

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

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ITEM 9.5.

ATTACHMENT 5

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ITEM 9.5.

ATTACHMENT 5

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ITEM 9.5.

ATTACHMENT 5

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MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 9.6.

DATE: November 7, 2022

TO: Honorable Mayor and Council Members

FROM: Dalia Fadl, Principal Engineer

SUBJECT: A RESOLUTION DECLARING THE RESULTS OF THE MAIL BALLOT

ELECTION FOR RANCHO CORDOVA TRANSIT-RELATED
SERVICES SPECIAL TAX AREA ZONE 31 FOR A PORTION OF THE

RANCH PROJECT

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would declare the results of the mail ballot election concerning Transit-Related Services Special Tax Area Zone 31 establishing a special tax for transit services for a portion of the Ranch project.

BACKGROUND

On September 6, 2022, the City Council approved a Resolution that established Special Tax Zone No. 31, the boundaries of which will be contiguous to the boundaries of a portion of the Ranch project. On September 19, 2022, the Council adopted an Ordinance that established the special tax for transit-related services subject to land-owner voter confirmation.

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

If the tax in Zone 31 is approved by at least two-thirds of the property owners voting, the tax will first be collected hereunder for the tax year beginning July 1, 2023.

Elections Results

A ballot was mailed out to the property owners of the Ranch project following approval of the Ordinance. The mail-ballot election has been completed and the ballot tabulated by the City Clerk, Attachment 2. The property owner has approved the Ordinance and the tax will be applied to Zone 31.

FISCAL IMPACT AND FUNDING SOURCE

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

ATTACHMENT(S)

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City Council Staff Report - Page 2 of 2

1. Resolution

2. Ballots

3. Certified Ballot Results

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ITEM 9.6. ATTACHMENT 1 Resolution No. XX-2022 Page 1 of 2

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2022

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

STATE OF CALIFORNIA, DECLARING THE RESULTS OF THE ELECTION FOR RANCHO CORDOVA TRANSIT-RELATED SERVICES SPECIAL TAX AREA ZONE 31 FOR

A PORTION OF THE RANCH PROJECT

WHEREAS, on September 6, 2022, the City adopted a Resolution, creating Special Tax Area Zone 31 within the Transit-Related Services Special Tax Area. Pursuant to the Resolution, the City Council directed the City Clerk to conduct a transit-related services tax election, to be conducted by mail ballot, pursuant to Elections Code section 4000; and

WHEREAS, the property owner within Zone 31 waived the timing requirements of Elections Code section 4000 in order to conduct the election on a date earlier provided under the Elections Code; and
WHEREAS, on September 19, 2022, the City adopted Ordinance No. 14-2022, which established a special tax for transit-related services in Zone 31, subject to landowner-voter confirmation; and

WHEREAS, Ordinance No. 14-2022 takes effect immediately upon confirmation by two- thirds of the voters voting within the relevant zone, so that taxes will be first collected for the tax year beginning July 1, 2023; and

WHEREAS, a ballot was sent to the landowners of Zone 31, a portion of the Ranch project, which asked them a single question in the form of: “Shall Ordinance No. 14-2022 of the City Council of the City of Rancho Cordova be approved so as to authorize a special tax on property located in Zone 31 of the Rancho Cordova Transit-Related Services Special Tax Area to maintain the present level of transit-related services and provide additional funding for increased transit-related services?”; and
WHEREAS, the owners of the real property subject to the Transit-Related Services Special Tax Area Zone 31 has voted on the issue of whether to approve Ordinance No. 14-2022 and the City now wishes to declare the results of this transit-related services tax election for Zone 31.

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

1. The foregoing recitals are true and correct.

2. The City Clerk has tabulated the transit-related services special tax ballot and the following are the responses to the question on the ballot asking whether the landowner approves of Ordinance No. 14-2022 authorizing a special tax in the portion of Transit- Related Services Special Tax Zone 31 that encompasses the landowner’s property, in order to maintain the present level of transit-related services and provide additional funding for increased transit-related services:

Special Tax Area Zone 31: 1 “yes”; 0 “no”.

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ITEM 9.6. ATTACHMENT 1 Resolution No. XX-2022 Page 2 of 2

3. In accordance with Ordinance No. 14-2022, the transit-related services special tax for Zone 31 shall take effect immediately, so that taxes will first be collected hereunder for the tax year beginning July 1, 2023.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 7th day of November 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Donald Terry, Mayor

Stacy Leitner, CMC
City Clerk

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ITEM 9.6.

ATTACHMENT 3

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City Council Staff Report - Page 1 of 5

MEMORANDUM
ITEM 10.1.

DATE:November 7, 2022
TO:Honorable Mayor and Council Members
FROM:Chance Finley-Ross, Assistant Planner
SUBJECT: MONTELENA VILLAGE 3 SUBDIVISION – MAJOR DESIGN REVIEW AMENDMENT – PLND-0922-0053
PROPERTY OWNER:

Richmond American Homes
3200 Douglas Blvd, Suite 110
Roseville, CA 95661
APPLICANT/DEVELOPER:

Jeremy Sutter
3200 Douglas Blvd, Suite 110
Roseville, CA 95661
PROJECT: The Applicant, Richmond American Homes, is requesting a Major Design Review Amendment for the previously approved conditions of approval for the Montelena Village 3 subdivision. The proposed amendment will remove a condition of approval that limits the number of two-story homes that may be placed adjacently.

FILE: PLND-0922-0053
LOCATION:

ZONING:

South of Douglas Road and West of Montelena Drive
RD-7 (Residential) within the Sunridge Specific Plan (SDSP) APN: 067-2390-001 through -125
PLANNER: Chance Finley-Ross, Assistant Planner
RECOMMENDATION:

Find the project is exempt under CEQA Exemption 15182, Residential Projects Pursuant to a Specific Plan. The project was analyzed as part of the Sunridge Specific Plan (SDSP) Environmental Impact Report (EIR); and adopt the Resolution for the Montelena Village 3 Major Design Review Amendment.

RESULT OF RECOMMENDED ACTION
Adoption of the above referenced resolution would approve the modification of Condition #15 requiring that no more than three, two-story homes be placed adjacently, as approved in the original conditions of approval for this project (Resolution 212-2021).

BACKGROUND
The Montelena subdivision is located within the Sunridge Specific Plan which was approved in July 2002 by Sacramento County as shown in Figure 1: Montelena Subdivision Location.

The Specific Plan area includes residential, commercial, and open space throughout. The Montelena Village 3 subdivision is one village of the overall 10 villages of the Montelena Project,

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City Council Staff Report - Page 2 of 5
which was originally approved in 2006. Village 3 is located along Douglas Road adjacent to Montelena Drive as shown in Figure 2: Villages Breakdown for Montelena below.

Figure 1: Montelena Subdivision Location

Figure 2: Villages Breakdown for Montelena

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City Council Staff Report - Page 3 of 5

The original housing unit designs for Montelena Village 3 were approved in December of 2021.

The approved project included 125 single-family homes with five floor plans ranging from 1,401 SF to 3,043 SF. Each floor plan is available in four different architectural styles which include farmhouse, craftsman, wine country, and prairie. It should be noted that Plan N901, Amethyst, is the only proposed single-story floor plan, while all other plans are two-story floor plans. All home elevations (front, side, & rear elevations) can be seen in the attached project plans (Attachment 2).

DESIGN REVIEW AMENDMENT PURPOSE:

Condition of Approval Modification
The Applicant is requesting to modify a previously approved Condition of Approval for the Montelena Village 3 project. As it is currently written, Condition #15 of the project requires that “no more than three, two-story homes be placed in a row”. For example, if Plan N923, Plan N913, and Plan N915 are placed in a row, a minimum of one Plan N901, single-story home would need to be placed adjacently in that row before another two-story plan is added.

This condition has been challenging to accommodate for the Applicant in the current market conditions, as the single-story layout significantly reduces the availability of yard space on the lots provided, and many of their prospective homebuyers are interested in homes that offer a greater number of bedrooms and provide more functional yard space. These conditions have resulted in a lack of demand for the single-story floor plan, which has created a burden for the Applicant to meet Condition #15 without delaying the project with standing inventory.

This condition comes from development standard number 75 outlined in the Sunridge Specific Plan, which states that two-story residences shall not be located on more than three adjacent lots along a street frontage. The City’s design guidelines also state that a minimum of one plan in each master home plan series shall be single-story. The Sunridge Specific Plan provides exceptions for development standards, stating that the appliable approval authority shall have the right to grant approval and variances to these standards where the proposed design is consistent with the intent of the Specific Plan and where requirements of zoning and improvement standards are not affected by granting the exception. The intent of the development standard and the design guideline is to provide more visual variety within the proposed development. Staff has reviewed this request and agrees that the intent of the Specific Plan and design guideline is still upheld, given that the Applicant will not be affecting zoning or improvement standards and will still provide the single-story option, should their clients wish to select the N901 floor plan as a buying option for a parcel that has not yet been plotted. The full condition of approval is shown in Figure 3: Modified Condition with the modification as requested by the applicant. All other original conditions of approval will continue to be upheld and enforced for the project.

Figure 3: Modified Condition

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City Council Staff Report - Page 4 of 5

DESIGN REVIEW FINDINGS & EVIDENCE
Approval of the Major Design Review Amendment, subject to the Design Review Package (Attachment 2) and the Conditions of Approval (Attachment 3) must provide sufficient evidence for the Findings required by Zoning Code Section 23.141.050. Findings and supportive evidence are shown below:

A.Finding: The proposed project is consistent with the objectives of the General Plan, complies with applicable zoning regulations, Specific Plan provisions, and special planning area provisions, and is consistent with the applicable Rancho Cordova Design Guidelines.

Evidence: The General Plan designation for the residential areas of Montelena Village 3 is Medium Density Residential (MDR). The MDR zone is generally characterized by small lot single-family detached/attached homes and small apartment complexes. The project will remain consistent with the Sunridge Specific Plan’s intent, including the intent to encourage flexibility in site design and density in response to market needs, and will not have zoning or improvement standards affected by the modification of this condition.

The intent of the City’s Design Guidelines will still be upheld, in that the Applicant will continue to provide their single-story floor plan, Plan N901, as an option to their clients, which is consistent with the design guideline that states that a minimum of one plan in each master home plan series shall be single-story.

B.Finding: The proposed architecture, site design, and landscape are suitable for the purposes of the building and the site and will enhance the character of the neighborhood and community.

Evidence: The applicant, Richmond American Homes, has presented a design package that includes five floor plans with four different architectural styles. The package also includes multiple color schemes as well as architectural options that create additional variation to the facades of the homes. Conditions of approval have been added to the project that require the applicant to alternate between floor plans and elevations to increase street variation throughout the subdivision.

C.Finding: The architecture, including the character, scale, and quality of the design, relationship with the site and other buildings, building materials, screening of exterior appurtenances, exterior lighting and signing, and similar elements establishes a clear design concept and is compatible with the character of existing or anticipated buildings on adjoining and nearby properties.

Evidence: The proposed architecture and landscaping are compatible with other adjacent villages of the Montelena project. The proposed farmhouse, craftsman, wine country, and prairie elevations are consistent with other subdivisions in the area as well as homes that will be adjacent within the same village. Elements such as wood siding, stone veneer, and shutters have been incorporated into the facades and help to maintain a consistent design concept throughout each elevation. This amendment will not change any architectural features of the previously approved homes.

D.Finding: The proposed project will not create conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation.

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City Council Staff Report - Page 5 of 5
studied and accepted as part of these prior approvals. The requested Design Review Amendment entitlement is only for the modification of a condition of approval and will not change any of the previously approved transportation modes of circulation.

ENVIRONMENTAL
The proposed project has been analyzed as part of the Sunridge Specific Plan Environmental Impact Report (EIR) and the Mitigated Negative Declaration (MND) for the Montelena Subdivision in compliance with the California Environmental Quality Act (CEQA). Since the proposed residential project is in conformity with what was reviewed as part of the Specific Plan EIR, the project is then exempt under CEQA Exemption 15182, Residential Projects Pursuant to a Specific Plan.

RECOMMENDED MOTION
Staff recommends that the City Council find the project categorically exempt from further CEQA review per CEQA Guidelines Section 15182 and adopt the Resolution approving the Major Design Review Amendment for Montelena Village 3 subject to the findings and Conditions of Approval (Attachment 2 and 3).

ATTACHMENT(S)

1. Resolution

2. Exhibit A to the Resolution – Project Plans

3. Exhibit B to the Resolution – Modified Conditions of Approval

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ITEM 10.1. ATTACHMENT 1 Resolution No. XX-2022 Page 1 of 3

CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022

A RESOLUTION OF THE CITY COUNCIL APPROVING A DESIGN REVIEW AMENDMENT FOR MONTELENA VILLAGE 3 PROJECT NO. PLND-0922-0053
WHEREAS, Richmond American Homes (hereinafter referred to as Applicant) was previously approved for a Major Design Review and Adjustment on December 20, 2021 (Resolution 212-2021) which included five new floor plans with four different architectural styles; and
WHEREAS, the Applicant has submitted an application to amend the previous approval to modify the original conditions of approval to remove the requirement for Condition #15 to require that no more than three, two-story homes be placed adjacently; and WHEREAS, the City Council is the appropriate authority to hear and take action on this project; and
WHEREAS, the project site was previously analyzed as a part of Sunridge Specific Plan Area Environmental Impact Report (EIR) adopted by the City of Rancho Cordova, thereby satisfying the requirements for the California Environmental Quality Act; and WHEREAS, the proposed residential project is in conformity with what was reviewed as part of the Specific Plan EIR, and therefore is exempt under CEQA exemption 15182, Residential Projects Pursuant to a Specific Plan; and
WHEREAS, the City Council of the City of Rancho Cordova has conducted a properly noticed public hearing pursuant to Government Code section 65090 and has duly considered all written and verbal testimony presented during the hearing.

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

1.Determine the CEQA exemption 15182 is an adequate exemption according to the Guidelines of the California Environmental Quality Act.

A.Finding: The project site has been analyzed and is exempt per California Environmental Quality Act exemption 15182 Residential Projects Pursuant to a Specific Plan.

Evidence: The proposed project has been analyzed as part of the Sunridge Specific Plan Environmental Impact Report (EIR) and the Mitigated Negative Declaration (MND) for the Montelena Subdivision in compliance with the California Environmental Quality Act (CEQA). Since the proposed residential project is in conformity with what was reviewed as part of the Specific Plan EIR, the project is then exempt under CEQA Exemption 15182, Residential Projects Pursuant to a Specific Plan.

2.Approve the Design Review Amendment, subject to the Major Design Review Package (Exhibit A) and the Conditions of Approval (Exhibit B) as modified; supported by the following Findings and Evidence, as required by Zoning Code Section 23.141.070:

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ITEM 10.1. ATTACHMENT 1 Resolution No. XX-2022 Page 2 of 3
A.Finding: The proposed project is consistent with the objectives of the General Plan, complies with applicable zoning regulations, Specific Plan provisions, and special planning area provisions, and is consistent with the applicable Rancho Cordova Design Guidelines.

B.Finding: The proposed architecture, site design, and landscape are suitable for the purposes of the building and the site and will enhance the character of the neighborhood and community.

D.Finding: The proposed project will not create conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation.

Evidence: The subdivision map was originally approved in 2006 and an amendment for Villages 3 & 5 with minor adjustments to the park and residential areas, was approved in 2013 prior to this Design Review. Vehicular, bicycle and pedestrian circulation were studied and accepted as part of these prior approvals. The requested Design Review Amendment entitlement is only for the modification of a condition of approval and will not change any of the previously approved transportation modes of circulation.

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ITEM 10.1. ATTACHMENT 1 Resolution No. XX-2022 Page 3 of 3
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 7th day of November 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Donald Terry, Mayor
ATTEST:

Stacy Leitner, CMC
City Clerk

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ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

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ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

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N901 - AMETHYST
BE'ROOMS BATHS STU'Y
&AR *ARA*E

AREA TABULATION
)IRST )LOOR 101 S)
TOTAL 101 S)
&O9ERE' ENTRY 9 S)
*ARA*E
&AR
0 S)
O3T &O9ERE' 3ATIO 10 S)
O3T 1-&AR *ARA*E S)
00 SH O3T
00 SL0 SH O3T
00 SL O3T00 SL
1000 &ENTER MEET SLI'ER 'OOR
SER9I&E
'OOR
O3T
SER9I&E
'OOR
0 SH 0 SH
00 SH O3T
00 SL0 SH O3T
00 SL O3T00 SL
1000 &ENTER MEET SLI'ER 'OOR
SER9I&E
'OOR
O3T
SER9I&E
'OOR
0 SH 0 SH
9
-0

-0
&AR *ARA*E
1
-9 [ 0
-1
:I&
BATH

&OATS

-0
3ANTRY
MU'
ROOM
.IT&HEN
STU'Y O3T
BE'ROOM
9 -11 [ 1
-
ENTRY
BE'ROOM
10 -9 [ 10
-
MASTER
BATH

MASTER BE'ROOM
1
- [ 1
-
*REAT ROOM
1
- [ 10
-
'ININ*
1
- [ 9
-
O3T &O9ERE'
3ATIO
1
-0
O3T &AR *ARA*E
0
- [ 10
-0
1
-0
-0
10 -0

-0
LIN
LAUN
&O9ERE'
ENTRY
O3T
'RO3 .EY
O3T &O9ERE'
3ATIO 10
34 X 60

SHOWER PAN
SDK ATELIER INC. | Architecture + Planning
9100 Irvine Center Drive, Irvine, California 92618
Tel:949.585.9167 Web:SDKatelier.com
© 2021 SDK ATELIER INC.

SEASONS AT MONTELENA

FLOOR PLAN REFLECTS 'A' ELEVATION
N901 - AMETHYST

FLOOR PLAN
ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

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F4
7'-6"
TYP.

OPT. COVERED
PATIO

GREAT ROOM
14'-8" x 10'-8"
NOOK
14'-8" x 9'-6"
F4
7'-6"
TYP.

OPT. COVERED
PATIO

GREAT ROOM
14'-8" x 10'-8"
NOOK
14'-8" x 9'-6"
M13
C9

GREAT ROOM
14'-8" x 10'-8"
W.I.C.
14'-8" x 12'-2"
2868

SERVICE
DOOR
8070 SECTIONAL GARAGE DOOR
2868 SC
8070 SECTIONAL GARAGE DOOR
M6
M9
M7
3 CAR GARAGE
20'-5" x 10'-0"
2680
5080 BI-PASS
2080
C9
BEDROOM 3BATH
2 KITCHEN
PANTRY
SDK ATELIER INC. | Architecture + Planning
9100 Irvine Center Drive, Irvine, California 92618
Tel:949.585.9167 Web:SDKatelier.com
© 2021 SDK ATELIER INC.

SEASONS AT MONTELENA

RANCHO CORDOVA, CALIFORNIA
JOB # : 109-21153
DATE: NOVEMBER 5TH, 2021
Richmond American Homes
3200 Douglas Blvd, Suite 110, Roseville, California 95661 Web: richmondamerican.com
02' 4'8'
SCALE: 1/4"=1'-0"
OPT. FIREPLACE
SCALE: 1/4"=1'-0"
OPT. COVERED PATIO 8' DEEP
SCALE: 1/4"=1'-0"
OPT. BEDROOM 3
SCALE: 1/4"=1'-0"
OPT. COVERED PATIO 10' DEEP
SCALE: 1/4"=1'-0"
OPT. 3 CAR GARAGE
SCALE: 1/4"=1'-0"
PLAN N901
PLAN N901PLAN N901PLAN N901
PLAN N901
N901 - AMETHYST

FLOOR PLAN
ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 126 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 127 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 128 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 129 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 130 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 131 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 132 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 133 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 134 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 135 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 136 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 137 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 138 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 139 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 140 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 141 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 142 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 143 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 144 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 145 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 146 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 147 of 433 ends

RIDGE
5:12
RIDGE
6:12
5:12
6:12

WARPED VALLEY

WARPED VALLEY
1B
3 -
3-
1-
1 D1.1
1 D1.1
RIDGE
6:12
RIDGE
HIP
HIP
HIP
VALLEY
6:12
6:12 6:12
HIP
6:12 6:12RIDGE
6:12
1-
RIDGE
HIP
4:12
RIDGE
4:12
VALLEY
4:12
4:12
HIP
HIP
HIP
HIP
HIP
4:12
4:12
4:12
SDK ATELIER INC. | Architecture + Planning
9100 Irvine Center Drive, Irvine, California 92618
Tel:949.585.9167 Web:SDKatelier.com
© 2021 SDK ATELIER INC.

SEASONS AT MONTELENA

RANCHO CORDOVA, CALIFORNIA
JOB # : 109-21153
DATE: NOVEMBER 5TH, 2021
Richmond American Homes
3200 Douglas Blvd, Suite 110, Roseville, California 95661 Web: richmondamerican.com
N901 - AMETHYST

ROOF PLANS

FARMHOUSE-ACRAFTSMAN - BWINE COUNTRY - CPRAIRIE- D
05' 10'20'
SCALE: 3/16"=1'-0"
ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 148 of 433 ends

N915 - LAPIS
BE'ROO0S 5 BAT+S LO)T
)LE; &AR *ARA*E

AREA TABULATION
)IRST )LOOR 9 S)
SE&ON' )LOOR 1 S)
TOTAL 19 S)
POR&+ S)
*ARA*E
&AR
S)
OPT &O9ERE' PATIO 1 15 S)
OPT &O9ERE' PATIO S)
5 SL1 &ENTER 0EET SL *L 'RS
OPT 5 S+OPT 5 SL
55 SL ENTR<
'OOR

SER9I&E
'OOR
OPT 5 S+
1 SE&TIONAL *ARA*E 'OOR
5 SL1 &ENTER 0EET SL *L 'RS
OPT 5 S+OPT 5 SL
55 SL ENTR<
'OOR

SER9I&E
'OOR
OPT 5 S+
1 SE&TIONAL *ARA*E 'OOR
5
-

-
&AR *ARA*E

- [
-
PO:'ER
&OATS
UP
1
OPT E;TEN'E'
&O9ERE' PATIO
OPT &O9ERE'
PATIO
1
-15
-
1
-
)LE; OPT STU'<
1
- [ 1
-
ENTR<
POR&+
*REAT ROO0

- [ 15
-
'ININ*
.IT&+EN
PANTR<
0U'
ROO0
5
-
5 );
SLOPT S+5 SL
S+
55 SL
55 SL );
S+
);
5 );
SLOPT S+5 SL
S+
55 SL
55 SL );
S+
);
BAT+
LAUN'R<
:I&
:I&
:I&
'N
1
LINEN
0ASTER BE'ROO0
15 - [ 1
-
LO)T OPT BE'
1
- [ 15
-
0ASTER
BAT+
BE'ROO0
1
- [ 1
-
BE'ROO0
11 -5 [ 1
-
LINEN
SDK ATELIER INC. | Architecture + Planning
9100 Irvine Center Drive, Irvine, California 92618
Tel:949.585.9167 Web:SDKatelier.com
© 2021 SDK ATELIER INC.

SEASONS AT MONTELENA

RANCHO CORDOVA, CALIFORNIA
JOB # : 109-21153
DATE: NOVEMBER 5TH, 2021
Richmond American Homes
3200 Douglas Blvd, Suite 110, Roseville, California 95661 Web: richmondamerican.com

SECOND FLOORFIRST FLOOR
02' 4'8'
SCALE: 1/4"=1'-0"

FLOOR PLAN REFLECTS 'A' ELEVATION
N915 - LAPIS

FLOOR PLAN
ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 149 of 433 ends

STUDY
9'-9" x 12'-0"
2 CAR GARAGE
20'-1" x 22'-0"
PORCH

EXTENDED

COVERED PATIO
31'-0" x 10'-0"

GREAT ROOM
23'-6" x 15'-3"

DININGKITCHEN
10080 CENTER MEET SL GL DRS

COVERED PATIO
15'-0" x 10'-0"

GREAT ROOM
23'-6" x 15'-3"

DININGKITCHEN

GREAT ROOM
23'-6" x 15'-3"

DININGKITCHEN
BEDROOM 4
10'-8" x 13'-2"

LAUNDRY

MASTER BEDROOM
SDK ATELIER INC. | Architecture + Planning
9100 Irvine Center Drive, Irvine, California 92618
Tel:949.585.9167 Web:SDKatelier.com
© 2021 SDK ATELIER INC.

SEASONS AT MONTELENA

RANCHO CORDOVA, CALIFORNIA
JOB # : 109-21153
DATE: NOVEMBER 5TH, 2021
Richmond American Homes
3200 Douglas Blvd, Suite 110, Roseville, California 95661 Web: richmondamerican.com
- N915 LAPIS -

FLOOR PLAN
OPT. STUDY
IN LIEU OF FLEX SPACESCALE: 1/4"=1'-0"
OPT. EXTENDED COVERED PATIO
SCALE: 1/4"=1'-0"
OPT. COVERED PATIO
SCALE: 1/4"=1'-0"
OPT. FIREPLACE
AT GREAT ROOMSCALE: 1/4"=1'-0"
OPT. BEDROOM 4
IN LIEU OF LOFTSCALE: 1/4"=1'-0"
N915 - LAPIS

FLOOR PLAN
PLAN N915PLAN N915
PLAN N915 PLAN N915
PLAN N915
ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 150 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 151 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 152 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 153 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 154 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 155 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 156 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 157 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 158 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 159 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 160 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 161 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 162 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 163 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 164 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 165 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 166 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 167 of 433 ends

RIDGE
VALLEY
5:12
VALLEY
3:12
RIDGE
5:12
5:12
5:12
RIDGE
VALLEY
VALLEY
3:12
RIDGE
5:12
5:12
5:12
5:12
RIDGE
VALLEY
HIP
RIDGE
6:12
6:12
4:12
HIP
HIP
6:12
HIP
6:12
6:12
6:12
RIDGE
VALLEY
HIP
RIDGE
4:12
4:12
4:12
4:12
HIP
HIP
HIP
HIP
HIP 4:12
4:12
4:12
SDK ATELIER INC. | Architecture + Planning
9100 Irvine Center Drive, Irvine, California 92618
Tel:949.585.9167 Web:SDKatelier.com
© 2021 SDK ATELIER INC.

SEASONS AT MONTELENA

RANCHO CORDOVA, CALIFORNIA
JOB # : 109-21153
DATE: NOVEMBER 5TH, 2021
Richmond American Homes
3200 Douglas Blvd, Suite 110, Roseville, California 95661 Web: richmondamerican.com
N915 - LAPIS

ROOF PLANS

FARMHOUSE-ACRAFTSMAN - BWINE COUNTRY - CPRAIRIE- D
05' 10'20'
SCALE: 3/16"=1'-0"
ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 168 of 433 ends

N913 - PEARL
3 BE'ROO06 BAT+6 LO)T 6TU'<
&AR *ARA*E

AREA TABULATION
)IR6T )LOOR 139 6)
6E&ON' )LOOR 13 6)
TOTAL 31 6)
&O9ERE' ENTR< 9 6)
*ARA*E
&AR
1 6)
OPT &O9ERE' PATIO 1 6)
6L 1 &ENTER 0EET 6L *L 'R6
6L
3 ENTR<
'OOR
OPT 6+
6L
OPT 6+
3 ENTR<
'OOR
1 6E&TIONAL *ARA*E 'OOR

6ER9I&E
'OOR
*ARA*E

-1 [
-
OPT &O9ERE'
PATIO
1
-
1
-
6TU'< OPT BE'
9 -9 [ 1
-
1
-
UP
1

-
LINEN
ENTR<
P'R
'ININ*
1
- [ 1
-
0U'
ROO0 6TORA*E
*REAT ROO0
19 -9 [ 1
- .IT&+EN
3
-

-
-

-
&O9ERE'
ENTR<
&OAT6
OPT .E<
'ROP
PANTR<
6L
6L 6+
OPT 6+
6L
OPT 6+ OPT 6+
6TAN'AR' POLE -
OPT BI-PA66
*LA66 EN&LO6URE
OPT.60 x 34
SHOWER
38 X 60

SHOWER PAN
6TAN'AR' POLE -
OPT *LA66
EN&LO6URE
3 6+3 6+
LAUN
BAT+
:I&
6TORA*E
'N
1
LO)T OPT BE'
11 - [ 1
- BE'ROO0 3
1
- [ 1
- BE'ROO0
11 -11 [ 1
-
0A6TER
BE'ROO0
13 - [ 1
-1
0A6TER
BAT+
SDK ATELIER INC. | Architecture + Planning
9100 Irvine Center Drive, Irvine, California 92618
Tel:949.585.9167 Web:SDKatelier.com
© 2021 SDK ATELIER INC.

SEASONS AT MONTELENA

RANCHO CORDOVA, CALIFORNIA
JOB # : 109-21153
DATE: NOVEMBER 5TH, 2021
Richmond American Homes
3200 Douglas Blvd, Suite 110, Roseville, California 95661 Web: richmondamerican.com

SECOND FLOORFIRST FLOOR
02' 4'8'
SCALE: 1/4"=1'-0"

FLOOR PLAN REFLECTS 'A' ELEVATION
N913 - PEARL

FLOOR PLAN
ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 169 of 433 ends

OPT. COVERED
PATIO

KITCHEN
DINING
14'-0" x 10'-0"

STORAGE

GREAT ROOM
19'-9" x 15'-7"
BATH 3
PORCH
ENTRY
DINING
14'-0" x 10'-0"
BEDROOM 4
9'-9" x 10'-4"
2 CAR GARAGE
BEDROOM 5
11'-6" x 12'-0"
BEDROOM 3
10'-6" x 12'-0" BEDROOM 2
11'-11" x 12'-6"

COVERED PATIO
16'-0" x 10'-0"

KITCHEN

GREAT ROOM
19'-9" x 15'-7"
PORCH
STUDY /OPT. BED 4
9'-9" x 12'-8"
BATH 3ENTRY
DINING
14'-0" x 10'-0"
2 CAR GARAGE

GREAT ROOM
20'-5" x 15'-7"
SDK ATELIER INC. | Architecture + Planning
9100 Irvine Center Drive, Irvine, California 92618
Tel:949.585.9167 Web:SDKatelier.com
© 2021 SDK ATELIER INC.

SEASONS AT MONTELENA

RANCHO CORDOVA, CALIFORNIA
JOB # : 109-21153
DATE: NOVEMBER 5TH, 2021
Richmond American Homes
3200 Douglas Blvd, Suite 110, Roseville, California 95661 Web: richmondamerican.com
OPT. ALT. KITCHEN
SCALE: 1/4"=1'-0"
OPT. BEDROOM 4 / BATH 3
IN LIEU OF STUDYSCALE: 1/4"=1'-0"
OPT. BEDROOM 5
IN LIEU OF LOFTSCALE: 1/4"=1'-0"
OPT. COVERED PATIO
SCALE: 1/4"=1'-0"
OPT. BATH 3 AT STUDY
IN LIEU OF LOFTSCALE: 1/4"=1'-0"
OPT. FIREPLACE
SCALE: 1/4"=1'-0"
02' 4'8'
SCALE: 1/4"=1'-0"
N913 - PEARL

PLAN OPTIONS
PLAN N913
PLAN N913
PLAN N913 PLAN N913 PLAN N913
PLAN N913
ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 170 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 171 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 172 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 173 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 174 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 175 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 176 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 177 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 178 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 179 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 180 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 181 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 182 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 183 of 433 ends

RIDGE
5:12
5:12
5:12
5:12

3.5:12

3.5:12
VALLEY
VALLEY

RIDGERIDGE
RIDGE
5:12
5:12
5:12

3.5:12

3.5:12
5:12
1-
VALLEY
VALLEY
3 -
3 -
1 -
2-
1-
2 -
2-
3 D1.1
3 D1.1
RIDGE
RIDGE
5:12
5:12
5:12
3:12
RIDGE
3:12
3:12
HIP

HIP HIP
HIP
5:12
5:12VALLEY
RIDGE
RIDGE
4:12

3.5:12

3.5:12
HIP
HIP
HIP
HIP
HIP

HIP VALLEY
HIP
HIP
4:12
4:12
4:12
4:12
4:12

3.5:12

3.5:12
VALLEY
SDK ATELIER INC. | Architecture + Planning
9100 Irvine Center Drive, Irvine, California 92618
Tel:949.585.9167 Web:SDKatelier.com
© 2021 SDK ATELIER INC.

SEASONS AT MONTELENA

RANCHO CORDOVA, CALIFORNIA
JOB # : 109-21153
DATE: NOVEMBER 5TH, 2021
Richmond American Homes
3200 Douglas Blvd, Suite 110, Roseville, California 95661 Web: richmondamerican.com
N913 - PEARL

ROOF PLANS

FARMHOUSE-ACRAFTSMAN - BWINE COUNTRY - CPRAIRIE- D
05' 10'20'
SCALE: 3/16"=1'-0"
ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 184 of 433 ends

N923 - TOURMALINE
3 BE'ROOM6 2 BAT+6 LO)T )LE;
2 &AR *ARA*E

AREA TABULATION
)IR6T )LOOR 3 6)
6E&ON' )LOOR 9 6)
TOTAL 22 6)
&O9ERE' ENTR< 3 6)
*ARA*E
2 &AR
6)
O3T &O9ERE' 3ATIO 6)
2 6+ O3T
2 6+ O3T 2 6+ O3T
2 6+ O3T
6L
6L
2
6ER9I&E 'R
&ENTER MEET 'OOR
3 6& 'R
6E&TIONAL *ARA*E 'OOR
3'R2 &AR *ARA*E
2
- [ 22
- 6TORA*E
O3T &O9ERE'
3ATIO

-
*REAT ROOM
3
- [
- 'ININ*
.IT&+EN
ENTR<
)LE;
O3T BE'ROOM
3
- [
-

-
3 -

-
3ANTR<
LINEN
&O9ERE'
ENTR<

-
39 -
-
3 6+ O3T ); 2 6+ O3T 2 6+ O3T
6L 2 6+
2 6+2 6+
3 6+ 3 6+
2 6+ 2 6+
3 6+ O3T
:I&
LAUN
BAT+ 2
BE'ROOM 3

-9 [
-
BE'ROOM 2

-9 [
-
LO)T

-3 [
-
MA6TER

BE'ROOM

-3 [
-
MA6TER
BAT+
34 X 60

SHOWER PAN
SDK ATELIER INC. | Architecture + Planning
9100 Irvine Center Drive, Irvine, California 92618
Tel:949.585.9167 Web:SDKatelier.com
© 2021 SDK ATELIER INC.

SEASONS AT MONTELENA

RANCHO CORDOVA, CALIFORNIA
JOB # : 109-21153
DATE: NOVEMBER 5TH, 2021
Richmond American Homes
3200 Douglas Blvd, Suite 110, Roseville, California 95661 Web: richmondamerican.com

FIRST FLOOR SECOND FLOOR
02' 4'8'
SCALE: 1/4"=1'-0"

FLOOR PLAN REFLECTS 'A' ELEVATION
N923 - TOURMALINE

FLOOR PLAN
ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 185 of 433 ends

GREAT ROOM
30'-0" x 15'-11"
OPT. BEDROOM 4
17'-3" x 12'-2"
BEDROOM 2
10'-9" x 14'-0"
BATH 3
OPT. BEDROOM 5
13'-5" x 14'-0"
ENTRY OPT. COVERED
PATIO
DINING

KITCHEN
BATH 3
FLEX/
OPT. BEDROOM 5
13'-5" x 15'-4"
ENTRY
PATIO
DINING

KITCHEN
SDK ATELIER INC. | Architecture + Planning
9100 Irvine Center Drive, Irvine, California 92618
Tel:949.585.9167 Web:SDKatelier.com
© 2021 SDK ATELIER INC.

SEASONS AT MONTELENA

RANCHO CORDOVA, CALIFORNIA
JOB # : 109-21153
DATE: NOVEMBER 5TH, 2021
Richmond American Homes
3200 Douglas Blvd, Suite 110, Roseville, California 95661 Web: richmondamerican.com
OPT. FIREPLACE
SCALE: 1/4" = 1'-0"
PLAN N923
OPT. BEDROOM 5/ BATH 3
SCALE: 1/4" = 1'-0"
PLAN N923 OPT. BEDROOM 4
SCALE: 1/4" = 1'-0"
PLAN N923 OPT. COVERED PATIO
SCALE: 1/4" = 1'-0"
PLAN N923

IN LIEU OF LOFTIN LIEU OF FLEX
OPT. BATH 3
SCALE: 1/4" = 1'-0"
PLAN N923 OPT. ALT KITCHEN
SCALE: 1/4" = 1'-0"
PLAN N923

IN LIEU OF FLEX
02' 4'8'
SCALE: 1/4"=1'-0"
N923 TOURMALINE

FLOOR PLAN OPTIONS
ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 186 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 187 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 188 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 189 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 190 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 191 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 192 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 193 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 194 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 195 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 196 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 197 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 198 of 433 ends

ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 199 of 433 ends

RIDGE
4:12
4:12
4:12
4:12
RIDGE
RIDGE
RIDGE
4:12
4:12
4:12
4:12
5:12
5:12
8:12
8:12
HIP
RIDGE
8:12
RIDGE
VALLEY
HIP
HIP
HIP
4:12
1-
RIDGE
4:12
4:12
4:12 4:12
4:12
4:12
HIP
HIP
HIP
HIP
HIP
HIP
4:12
VALLEY
2-
4:12
1-
SDK ATELIER INC. | Architecture + Planning
9100 Irvine Center Drive, Irvine, California 92618
Tel:949.585.9167 Web:SDKatelier.com
© 2021 SDK ATELIER INC.

SEASONS AT MONTELENA

RANCHO CORDOVA, CALIFORNIA
JOB # : 109-21153
DATE: NOVEMBER 5TH, 2021
Richmond American Homes
3200 Douglas Blvd, Suite 110, Roseville, California 95661 Web: richmondamerican.com
N923 - TOURMALINE

ROOF PLANS

FARMHOUSE-ACRAFTSMAN - BWINE COUNTRY - CPRAIRIE- D
05' 10'20'
SCALE: 3/16"=1'-0"
ITEM 10.1.

ATTACHMENT 2
Exhibit A to the Resolution

Page 200 of 433 ends

Rancho Cordova City CouncilNovember 7, 2022

Rancho Cordova City Council
November 7, 2022