Rancho Cordova City Council
July 17, 2023

CITY OF RANCHO CORDOVA

CITY COUNCIL MEETING
Monday, July 17, 2023
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
Hampton Inn & Suites Tacoma/Puyallup - Lobby
1515 S Meridian, Puyallup, WA 98371
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Instructions to Make Public Comment
Submitting Public Comment via Email
Members of the public who wish to provide public comment via email will need to submit written comments to [email protected] no later than 2:00 p.m. on Monday, July 17, 2023.

Written comments received no later than 2:00 p.m. will be distributed to the Council, filed in the record, and will not be read aloud. All comments submitted later than 2:00 p.m. will be distributed to the Council.

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

Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Monday, July 17, 2023

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 before Monday, July 17, 2023, at 2:00 p.m.

AGENDA

1. SPECIAL MEETING - CALL TO ORDER/ROLL CALL
Council Members Garrett Gatewood, Siri Pulipati, David Sander, Donald Terry, and Mayor Linda Budge

2. PUBLIC COMMENT
At a special meeting, citizens wishing to address the Council for any matter on the agenda may do so at the time the matter is discussed. Under the provisions of the California Government Code, the City Council is prohibited from discussing or taking action on any item not on the agenda.

3. ADJOURN TO CLOSED SESSION
Mayor Budge will adjourn the meeting to closed session.

4. CLOSED SESSION - CALL TO ORDER/ROLL CALL
Council Members Garrett Gatewood, Sir Pulipati, David Sander, Donald Terry, and Mayor Linda Budge

5. CLOSED SESSION
Council will meet in closed session to discuss the following item:

5.1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2)(One Case relating to a letter from Scott J. Rafferty on behalf of Neighborhood Elections Now received on June 7, 2023 petitioning the City to comply with the California Voting Rights Act (CVRA) by beginning the process of transitioning from at-large to single-member district City Council elections for the November 2024 Election or potentially be sued under the CVRA).

6. OPEN SESSION - REPORT FROM CLOSED SESSION
The City Attorney will report on action taken in closed session.

7. ADJOURN TO REGULAR MEETING
Mayor Budge will adjourn closed session to the Regular meeting.

8. REGULAR MEETING - CALL TO ORDER/ROLL CALL
Council Members Garrett Gatewood, Siri Pulipati, David Sander, Donald Terry, and Mayor

Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Monday, July 17, 2023

Linda Budge

9. METRO CABLE TV TELEVISION ANNOUNCEMENT
The Clerk will announce the meetings video recording and playback schedules.

10. PLEDGE OF ALLEGIANCE
The Mayor will call on someone in attendance to lead the Pledge.

11. INVOCATION
Ruby Smallwood with the Law Enforcement Chaplaincy will give the invocation.

12. PRESENTATIONS

13. 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 demonstrated to be of an emergency nature or the need to take immediate action arose after the posting of the agenda.

14. COUNCIL REPORTS

15. CITY MANAGER'S REPORT

16. CONSENT CALENDAR ITEMS - ROLL CALL VOTE

16.1. Subject: Meeting Minutes from the Regular City Council Meeting of July 3, 2023.

Recommendation: Adopt the Minutes.

16.2. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2023-140 in an Amount not to Exceed $300,000.00 with City Net to Provide Homeless Outreach Navigation Services and Transitional Housing Management and Services.

Recommendation: Adopt the Resolution.

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

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

Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Monday, July 17, 2023

16.4. Subject: A Resolution Approving the Final Map of The Ranch Village 10, Subdivision No. FM2021-002-08, and Authorizing the City Manager to Execute the Subdivision Improvement Agreement Contract No. 2022-242 with K. Hovnanian at Jaeger Ranch, LLC.

Recommendation: Approve the Resolution.

16.5. Subject: A Resolution Authorizing the City Manager to Approve the Final Map of Stone Creek Residential, Subdivision No. FM-2021-003-01 and Execute Subdivision Improvement Agreement Contract No. 2023-30 with Elliott Ashton Place, LLC.

Recommendation: Adopt the Resolution.

17. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE

17.1. Subject: An Ordinance Amending Title 23 Zoning Code, Article 9 Specific Use Provisions, Chapter 23.907 Utility, Transportation and Communication Uses; Article 10 Specific Plans and Special Planning Areas, Chapter 23.1000 Specific Purpose Zones and Article 11 Definitions, Chapter 23.1104 General Definitions; And a Resolution Approving a Conditional use Permit for Juniper Creek Energy Storage (Mitigated Negative Declaration Prepared Pursuant to Article 6 of the California Environmental Quality Act) – Project No. PLND-0422-0034 - Located on the Southeast Corner of Canyonlands Drive and Poopenaut Court; APN: 067-0780-011.

Recommendation: The Planning Commission recommends that the City Council:

1. Find the Initial Study-Mitigated Negative Declaration with mitigation measures that was prepared and circulated pursuant to the California Environmental Quality Act (CEQA) for the project is adequate;

2. Waive the first reading and introduce the Ordinance;

3. Adopt a Resolution for the Juniper Creek Energy Storage Conditional Use Permit.

18. PUBLIC HEARING ITEMS
None.

19. REGULAR CALENDAR ITEMS

19.1. Subject: A Resolution Approving a Written Report Describing the Measures Taken to Alleviate the Condition Which Led to the Adoption of the Urgency Ordinance Establishing a Temporary Moratorium on the Establishment, Expansion, or Modification of Uses in Villages of Zinfandel Special Planning Area Designated Therein as M-1 (Light Industrial) and MP (Office Industrial Park) Zones.

Recommendation: Adopt the Resolution and direct staff to issue the written report describing the measures taken to alleviate the condition which led to the Urgency Ordinance establishing a temporary moratorium on the establishment, expansion, or modification of uses in the Villages of Zinfandel Special Planning Area Designated Therein as M-1 (Light Industrial) and MP (Office Industrial Park) zones.

19.2. Subject: A Resolution Declaring the City Council's Intention to Transition from At-Large to District-Based Elections and to Initiate Procedures for Establishing and Implementing DistrictBased Elections for City Council Members, and Discussion with and Possible Direction to Staff and Consultants Regarding the Number of Districts Including Whether or not to Transition from an Appointed Mayor to a Directly Elected Mayor.

Recommendation: 1. Adopt the Resolution of Intent.

Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Monday, July 17, 2023

2. Possibly discuss with and provide direction to staff and consultants about the number of districts including whether or not to transition from an appointed Mayor to a directly elected Mayor.

20. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

21. ADJOURNMENT

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

Unless the Council adopts a motion to extend the meeting, any item that is not initiated before 11:00 p.m. will be continued to the next day at 5:30 p.m. or scheduled on the next regular meeting 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
August 7, 2023 4:00 PM Special Meeting/Regular Meeting
August 21, 2023 5:30 PM Regular Meeting
August 29, 2023 5:30 PM Special Meeting/Work Session
September 5, 2023 4:00 PM Special Meeting/Regular Meeting September 18, 2023 5:30 PM Regular Meeting
September 26, 2023 5:30 PM Special Meeting/Work Session October 2, 2023 4:00 PM Special Meeting/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.

Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Monday, July 17, 2023

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 July 17, 2023 Regular Meeting of the Rancho Cordova City Council was posted and available for review on July 13, 2023 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 July 13, 2023 at Rancho Cordova, California.

Stacy Leitner, CMC
City Clerk

ITEM 16.1. ATTACHMENT 1

CITY OF RANCHO CORDOVA

CITY COUNCIL MEETING
Monday, July 3, 2023
5:30 PM – Regular Meeting
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova

DRAFT MINUTES

1. REGULAR MEETING - CALL TO ORDER/ROLL CALL
Mayor Budge called the Regular meeting to order in the David B. Roberts Council Chambers at 5:37 p.m.

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

2. METRO CABLE TV TELEVISION ANNOUNCEMENT
The City Clerk read the meetings recordings and playback schedule.

3. PLEDGE OF ALLEGIANCE
Robert McGarvey led the pledge.

4. INVOCATION
Ken Cooley gave the invocation.

5. PRESENTATIONS

5.1. Council Member Siri Pulipati's Birthday on July 6, 2023.

ITEM 16.1. ATTACHMENT 1
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, July 3, 2023

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

1. Paul Bardwil

2. Derald Langwell

3. James Garcia

4. Helen Whelan-Bashaw

5. Carl Salmonsen

6. Juleen Stenzel

7. Laura Langham
Mayor Budge closed the public comment period.

7. COUNCIL REPORTS
Council reported on events since the last meeting.

8. CITY MANAGER'S REPORT
City Manager Micah Runner gave his report.

9. CONSENT CALENDAR ITEMS - ROLL CALL VOTE
Mayor Budge opened the public comment period. Seeing no speakers, Mayor Budge closed the public comment period.

ACTION: Motion to approve items 9.1 through 9.6 by Sander second by Gatewood; Motion passed with a 5:0 vote.

9.1. Subject: Meeting Minutes from the Regular City Council Meeting of June 19, 2023.

Recommendation: Adopt the Minutes.

9.2. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2023-44 with Bennett Engineering Services, Inc. in an Amount not to Exceed $449,090 for Design of the Sunrise Boulevard Rehabilitation Phase 3 Project.

Recommendation: Adopt the Resolution.

9.3. Subject: A Resolution Amending the 2023 Rancho Cordova City Council Meeting Schedule.

Recommendation: Adopt the Resolution.

9.4. Subject: Resolutions of Intention to Establish the City of Rancho Cordova Grantline 220 Community Facilities District No. 2023-1, to Levy a Special Tax Therein, and to Incur Bonded Indebtedness in and for the District to Finance the Acquisition and Construction of Certain Public Facilities in and for such District.

Recommendation: Adopt the Resolutions.

9.5. Subject: A Resolution Approving a $250,000 Dollar-for-Dollar Match for the Economic Development Agency's Build to Scale Notice of Funding Application.

Recommendation: Adopt the Resolution.

9.6. Subject: A Resolution Authorizing the City Manager to Execute Contract 2021-270-2 with Sacramento County District Attorney's Office in an Amount Not to Exceed $155,439 for Community Prosecution Program Services through June 30, 2024.

Recommendation: Adopt the Resolution.

ITEM 16.1. ATTACHMENT 1
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, July 3, 2023

10. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE
None.

11. PUBLIC HEARING ITEMS
None.

12. REGULAR CALENDAR ITEMS

12.1. Subject: Celebration of the City of Rancho Cordova's 20th Anniversary.

Recommendation: Provide 20th anniversary update, video, and special presentations.

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

1. Anil Reddy

2. Tera Kolvenbach
Mayor Budge closed the public comment period.

ACTION: Celebration of the City of Rancho Cordova's 20th Anniversary.

13. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
None.

14. ADJOURNMENT
ACTION: Motion to adjourn the meeting at 7:13 p.m. by Sander second by Budge; Motion passed with a 5:0 vote.
____________________
Stacy Leitner, CMC
City Clerk

MEMORANDUM
City Council Staff Report - Page 1 of 3

ITEM 16.2.

DATE: July 17, 2023
TO: Honorable Mayor and Council Members
FROM: Russell Ducharme, Neighborhood Services Manager
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2023-140 IN AN AMOUNT NOT TO EXCEED
$300,000.00 WITH CITY NET TO PROVIDE HOMELESS OUTREACH

NAVIGATION SERVICES AND TRANSITIONAL HOUSING

MANAGEMENT AND SERVICES

RECOMMENDATION
Adopt the Resolution.

RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute Contract No. 2023-140 with City Net for an amount not to exceed $300,000.00 to provide homeless outreach navigation and transitional housing management and services.

BACKGROUND
In 2018, City leadership recognized the need to take a more comprehensive approach to homelessness and created the Homeless Outreach Team (HOT). At the time of inception, HOT was comprised of:
• Two RCPD Officers
• Two Public Works contract staff
• One Code Enforcement Officer
• One Homeless Outreach
Navigator

The team works closely with internal and external partners which include: Public Works, Housing, Economic Development, City Attorney, District Attorney, Cal Trans, Cordova Recreation and Parks District, California Highway Patrol, School Districts, Park Rangers, Sacramento County Department of Human Assistance, Homeless Assistance Response Team, Folsom Cordova Community Partnership, and the Rancho Cordova Food Bank.

In 2022, City Council agreed to provide HOT with $600,000.00 of additional funding to expand the breath and reach of services provided by the team and approved an expanded approach which included:

City Council Staff Report - Page 2 of 3

• Homeless Outreach Team Coordinator
• Additional contract staff for cart and debris removal • Assistant Homeless Outreach Navigator
• Increase surveillance/cameras near encampment areas
• CPTED technical assistance for the business community • Hotel vouchers and food assistance
• Transitional house management and wrap around services In 2018, the City initially contracted with Sacramento Steps Forward for Homeless Outreach and Navigation Services to support our Homeless Outreach Team. In 2019, the city transitioned to Sacramento Self Help Housing to provide the same service, as Sacramento Steps Forward moved away from providing outreach services as part of their business model. Sacramento Self Help Housing took over providing outreach services in late 2019 and, in 2022, expanded their service plan to add an assistant outreach navigator to help facilitate and manage the hotel voucher and food assistance program. Also in 2022, the City entered a separate contract with Sacramento Self Help Housing to manage and provide wrap-around services for a transitional house located here in the City.

In March of 2023, the City was notified by Sacramento Self Help Housing that they would be closing their doors on June 30, 2023. On June 1, 2023, the City was formally notified by Attorney Jason Rios that Sacramento Self-Help Housing filed for Chapter 7 Bankruptcy on May 24, 2023.

In April, the City started to contact organizations that provide outreach and transitional housing services to fill the service vacancy left by Sacramento Self Help Housing. Those agencies include: Turning Point Communities, HOPE Industries, City Net, Sacramento Covered, and the County of Sacramento. Several of these agencies responded, but only two provided proposals.

Turning Point Communities' proposal only included outreach services. City Net provided a proposal for both outreach and transitional housing services. In June of 2023, the City entered into a short-term, forty-day contract with City Net, in an effort to maintain the lease on the transitional home.

City Net is based out of Long Beach and recently expanded to Sacramento in 2023, opening an office on Watt Avenue. City Net provides a broad range of services to both public and private agencies and includes: street outreach and engagement, case management, housingnavigation and stabilization, emergency shelter-operation, rapid re-housing/tenant-based rental assistance, housing retention and support services, multidisciplinary response-teams, emergency dispatch service, point-in time counts, city-specific censuses, and homeless services consulting. City Net is currently providing one or more of these services to the following cities: Norco, San Jacinto, Hemet, Baldwin Park, Chula Vista, and most recently, the County of Sacramento. City Net absorbed Sacramento County’s scattered site shelter program, formally managed by Sacramento Self Help Housing, and includes over 200 homes.

Through this contract, City Net will provide the city with outreach and navigation services as well as transitional house management and wrap-around services. The duration of this contract is eleven months, which will provide the city with time to evaluate City Net’s effectiveness and provide flexibility on future contracts and service plans.

FISCAL IMPACT AND FUNDING SOURCE

City Council Staff Report - Page 3 of 3

The eleven-month contract would cost the City approximately $300,000.00 and be funded through tax measure R funds allocated to the Homeless Outreach Team.

ATTACHMENT(S)

1. Resolution

2. Contract No. 2023-140

3. City Net Brochure

ITEM 16.2. ATTACHMENT 1
Resolution No. XX-2023 Page 1 of 1

CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2023

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

STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT 2023-140 WITH CITY NET TO PROVIDE HOMELESS OUTREACH NAVIGATION SERVICES

AND TRANSITIONAL HOUSING MANAGEMENT AND SERVICES
WHEREAS, since 2018, the City of Rancho Cordova has had a homeless outreach team and has provided outreach and housing navigation services provided by a third party contracted homeless outreach navigator; and
WHEREAS, since 2022, the City of Rancho Cordova has provided transitional house management and wrap around services through a third party contractor; and WHEREAS, the City and City Net have negotiated an eleven-month contract to provide the City with outreach navigation services, transitional house management, and wrap-around services and the cost of the agreement shall not exceed $300,000.00 over the eleven-month term of the contract.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager, or his designee, to execute Contract No. 2023-140 in an amount not to exceed $300,000.00 with City Net for a term of eleven months from August 1, 2023, to June 30, 2024, for homeless outreach and navigation services and transitional house management and wrap around services.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 17th day of July 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Linda Budge, Mayor
Stacy Leitner, CMC
City Clerk

ITEM 16.2. ATTACHMENT 2
Contract No. 2023-140
Professional Services Agreement between 8/1/2023
City of Rancho Cordova and City Net Page 1 of 15

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF RANCHO CORDOVA AND

CITY NET
THIS AGREEMENT for professional services is made by and between the City of Rancho Cordova, a California municipal corporation (“City”), and City Net, a (“Professional”) as of August 1, 2023.

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Professional shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2024 the date of completion specified in Exhibit A. Professional shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Professional to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.

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

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

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

Section 2. COMPENSATION. City hereby agrees to pay Professional a sum not to exceed $300,000.00 (Three Hundred thousand dollars), notwithstanding any contrary indications that may be contained in Professional’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Professional’s proposal, attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Professional for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Professional for services rendered pursuant to this Agreement. Professional shall submit all invoices to City in the manner specified herein.

Except as specifically authorized by City, Professional shall not bill City for duplicate services performed by more than one person.

ITEM 16.2. ATTACHMENT 2
Contract No. 2023-140
Professional Services Agreement between 8/1/2023
City of Rancho Cordova and City Net Page 2 of 15
Professional and City acknowledge and agree that compensation paid by City to Professional under this Agreement is based upon Professional’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Professional. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Professional and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Professional shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
▪ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
▪ The beginning and ending dates of the billing period; ▪ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
▪ At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
▪ The total number of hours of work performed under the Agreement by Professional and each employee, agent, and subcontractor of Professional performing services hereunder, as well as a separate notice when the total number of hours of work by Professional and any individual employee, agent, or subcontractor of Professional reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A;
▪ The Professional’s signature.

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

2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.

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

In no event shall Professional submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement,

ITEM 16.2. ATTACHMENT 2
Contract No. 2023-140
Professional Services Agreement between 8/1/2023
City of Rancho Cordova and City Net Page 3 of 15
unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

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

2.6 Reimbursable Expenses. Reimbursable expenses, if any, are only set forth in Exhibit B.

Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

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

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

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

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

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

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

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

ITEM 16.2. ATTACHMENT 2
Contract No. 2023-140
Professional Services Agreement between 8/1/2023
City of Rancho Cordova and City Net Page 4 of 15
submitted and made part of this Agreement prior to execution. Professional shall maintain all required insurance listed herein for the duration of this Agreement.

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

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

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

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General requirements. Professional, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00). The commercial general liability and automobile liability insurance shall be per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a commercial general liability insurance or an automobile liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and nonowned automobiles.

4.2.2 Minimum scope of coverage. Commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability

ITEM 16.2. ATTACHMENT 2
Contract No. 2023-140
Professional Services Agreement between 8/1/2023
City of Rancho Cordova and City Net Page 5 of 15
occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Professional, including the insured’s general supervision of Professional; products and completed operations of Professional; premises owned, occupied, or used by Professional; and automobiles owned, leased, or used by the Professional. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of Professional to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.

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

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

ITEM 16.2. ATTACHMENT 2
Contract No. 2023-140
Professional Services Agreement between 8/1/2023
City of Rancho Cordova and City Net Page 6 of 15

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

4.3.3 The following provisions shall apply if the professional liability coverages are written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Professional must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The City shall have the right to exercise, at the Professional’s sole cost and expense, any extended reporting provisions of the policy, if the Professional cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.

4.4 All Policies Requirements.

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

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

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

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

ITEM 16.2. ATTACHMENT 2
Contract No. 2023-140
Professional Services Agreement between 8/1/2023
City of Rancho Cordova and City Net Page 7 of 15
During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Professional may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Professional procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.

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

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

4.5 Remedies. In addition to any other remedies City may have if Professional fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Professional’s breach:
▪ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
▪ Order Professional to stop work under this Agreement or withhold any payment that becomes due to Professional hereunder, or both stop work and withhold any payment, until Professional demonstrates compliance with the requirements hereof; and/or ▪ Terminate this Agreement.

Section 5. INDEMNIFICATION AND PROFESSIONAL’S RESPONSIBILITIES.

5.1 General Requirement. Professional shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions

ITEM 16.2. ATTACHMENT 2
Contract No. 2023-140
Professional Services Agreement between 8/1/2023
City of Rancho Cordova and City Net Page 8 of 15
of Professional or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Professional shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Professional or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Professional to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Professional from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Professional acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

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

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

Section 6. STATUS OF PROFESSIONAL.

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

ITEM 16.2. ATTACHMENT 2
Contract No. 2023-140
Professional Services Agreement between 8/1/2023
City of Rancho Cordova and City Net Page 9 of 15
Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Professional and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Professional shall not allow any employee to become eligible for a claim for PERS benefits.

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

Section 7. LEGAL REQUIREMENTS.

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

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

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

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

7.5 Nondiscrimination and Equal Opportunity. Professional shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant

ITEM 16.2. ATTACHMENT 2
Contract No. 2023-140
Professional Services Agreement between 8/1/2023
City of Rancho Cordova and City Net Page 10 of 15
in, recipient of, or applicant for any services or programs provided by Professional under this Agreement. Professional shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Professional thereby.

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

Section 8. TERMINATION AND MODIFICATION.

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

Professional may cancel this Agreement upon 90 days’ written notice to City and shall include in such notice the reasons for cancellation.

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

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

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

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

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

ITEM 16.2. ATTACHMENT 2
Contract No. 2023-140
Professional Services Agreement between 8/1/2023
City of Rancho Cordova and City Net Page 11 of 15

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

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

8.6.1 Immediately terminate the Agreement;

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

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

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

Section 9. KEEPING AND STATUS OF RECORDS.

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

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

9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Professional to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of

ITEM 16.2. ATTACHMENT 2
Contract No. 2023-140
Professional Services Agreement between 8/1/2023
City of Rancho Cordova and City Net Page 12 of 15
the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.

Section 10 MISCELLANEOUS PROVISIONS.

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

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

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

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

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

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

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

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

ITEM 16.2. ATTACHMENT 2
Contract No. 2023-140
Professional Services Agreement between 8/1/2023
City of Rancho Cordova and City Net Page 13 of 15
Professional hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Professional was an employee, agent, appointee, or official of the City in the previous twelve months, Professional warrants that it did not participate in any manner in the forming of this Agreement. Professional understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Professional will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Professional will be required to reimburse the City for any sums paid to the Professional. Professional understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

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

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

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

City Net
4508 Atlantic Ave, Suite 292
Long Beach, CA 90807-1502
Attn: Jessica Bruce
Email Address (for Insurance Update Requests)
[email protected]
714-719-0175
Any written notice to City shall be sent to:

Russell Ducharme
2880 Gold Tailings Ct.

Rancho Cordova, CA 95670
[email protected]

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

ITEM 16.2. ATTACHMENT 2
Contract No. 2023-140
Professional Services Agreement between 8/1/2023
City of Rancho Cordova and City Net Page 14 of 15
_________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

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

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

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

CITY OF RANCHO CORDOVA PROFESSIONAL
____________________________ ______________________________ Russell Ducharme Jessica Bruce
Neighborhood Services Manager Chief Programs Manager
Date: ____________________ Date: ____________________
Attest:
____________________________
Stacy Leitner, CMC, City Clerk
Date: ____________________
Approved as to Form:
____________________________
Adam U. Lindgren, City Attorney

ITEM 16.2. ATTACHMENT 2
Contract No. 2023-140
Professional Services Agreement between 8/1/2023
City of Rancho Cordova and City Net Page 15 of 15

EXHIBIT A

SCOPE OF SERVICES
(Provided in Attached Brochure)
.

ITEM 16.2. ATTACHMENT 2
Contract No. 2023-140
Professional Services Agreement between 6/20/2023
City of Rancho Cordova and City Net Exhibit B Page 1 of 1

EXHIBIT B

COMPENSATION SCHEDULE
Services provided, per “Scope of Services”, will be invoiced at the end of the contract period.

841.1001 3081732.1
841.1001 1751412.3

ITEM 16.2. ATTACHMENT 3

ITEM 16.2. ATTACHMENT 3

ITEM 16.2. ATTACHMENT 3

ITEM 16.2. ATTACHMENT 3

ITEM 16.2. ATTACHMENT 3

ITEM 16.2. ATTACHMENT 3

ITEM 16.2. ATTACHMENT 3

ITEM 16.2. ATTACHMENT 3

ITEM 16.2. ATTACHMENT 3

ITEM 16.2. ATTACHMENT 3

ITEM 16.2. ATTACHMENT 3

ITEM 16.2. ATTACHMENT 3

MEMORANDUM
City Council Staff Report - Page 1 of 1
ITEM 16.3.

DATE: July 17, 2023
TO: Honorable Mayor and Council Members
FROM: Dalia Fadl, Principal Engineer
SUBJECT: A RESOLUTION DECLARING THE RESULTS OF A MAIL BALLOT

ELECTION RELATING TO THE IMPOSITION OF THE ANNUAL

STORMWATER UTILITY FEE FOR THE NORTH POINT PROJECT IN THE

CITY OF RANCHO CORDOVA

RECOMMENDATION
Adopt the Resolution declaring the results of the mail ballot election relating to the imposition of the Annual Stormwater Utility Fee for the North Point project.

RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would declare the results of the ballot tabulation in connection with the imposition of the annual Stormwater Utility Fee on the North Point project. Since majority approval exists, the City Council may impose the annual Stormwater Utility Fee on the North Point project pursuant to the Fee Ordinance.

BACKGROUND
The City Council previously adopted a Resolution on April 17, 2023, declaring its intention to impose the annual Stormwater Utility Fee (“Fee”) pursuant to Ordinance No. 7-2014 on the North Point project. A protest hearing was conducted on May 1, 2023, at which time no written protest was received from the property owners representing a majority of the parcels subject to the Fee. Council then adopted a Resolution authorizing the mailing of property owner ballots for the purpose of submitting the Fee to a vote of the owners, subject to the Fee.

The Clerk has tabulated the ballots returned by the property owners for the Logisticenter project. The majority vote of the owners of the parcels approved imposing the annual Fee on the Logisticenter project pursuant to the Ordinance. The Council action tonight is to adopt the Resolution declaring the results of the mail ballot election.

FISCAL IMPACT AND FUNDING SOURCE
There is no impact to the City’s General Fund.

ATTACHMENT(S)

1. Resolution

2. Exhibit A to the Resolution – Ballot

3. Exhibit B to the Resolution – Certification

ITEM 16.3. ATTACHMENT 1
Resolution No. XX-2023 Page 1 of 2

CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2023

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

STATE OF CALIFORNIA, DECLARING THE RESULTS OF A MAIL BALLOT ELECTION

RELATING TO THE IMPOSITION OF THE ANNUAL STORMWATER UTILITY FEE FOR THE

NORTH POINT PROJECT IN THE CITY OF RANCHO CORDOVA
WHEREAS, on April 17, 2023, the City Council adopted a Resolution declaring its intention to impose the Annual Stormwater Utility Fee (“Fee”) for the North Point project; and WHEREAS, Article XIII D of the California Constitution (Proposition 218) requires the City to follow certain procedural and substantive requirements relating to the imposition of propertyrelated fees and charges (as defined in Proposition 218); and WHEREAS, the City has determined that the Fee is a property-related fee, subject to the provisions of Proposition 218; and
WHEREAS, before imposing the Fee, the City Council is required to hold a noticed public hearing on a written report (the "Written Report") containing a description of each parcel of real property within the City to which the Fee is applicable and the amount of the Fee for each such parcel for Fiscal Year 2022-23 and to consider protests to the Fee and, if a majority protest is not received at the public hearing, the Council must submit the question of the imposition of the Fee to a vote of the owners of the property subject to the proposed Fee for approval before the proposed Fee may be levied; and
WHEREAS, in accordance with Proposition 218 the City Council held a duly noticed public hearing on the matter of the Written Report and the proposed Fee on May 1, 2023, and took testimony, both written and oral; and
WHEREAS, having determined a written protest was not received from property owners representing a majority of the parcels subject to the Fee, the City Council adopted a Resolution authorizing the mailing of the property owner ballots (the “Ballot Measure”) for the purpose of submitting the Fee to a vote of the owners of parcels subject to the Fee, and subject to approval by a majority vote of the owners of parcel subject to the Fee; and WHEREAS, pursuant to the terms of Ordinance No. 7-2014 and the unanimous consent of the property owner, the Property Owner Balloting was conducted and completed, and the City Clerk has on file a Certificate of the City Clerk as to the Results of the Canvass of the Ballot Return in Connection with the Proposed Stormwater Utility Fee (the "Certificate"), a copy of which is attached hereto as Exhibit B and by this reference incorporated herein.

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

1. The above recitals are true and correct.

2. The Certificate is hereby accepted into the records of the City.

3. The Ballot Measure is authorized as set forth in Exhibit A attached hereto and by this reference incorporated herein.

ITEM 16.3. ATTACHMENT 1
Resolution No. XX-2023 Page 2 of 2

4. The results of the Ballot Measure are as set forth in the Certificate on file with the City Clerk and attached to this Resolution as Exhibit B ("Certificate").

5. The City Clerk is authorized to declare the results of the mail ballot election relating to the imposition of the Stormwater Utility fee on the North Point project.

6. Pursuant to said Certificate, the Ballot Measure submitted was approved by a majority vote of the owner of parcels subject to the Fee, the Fee is hereby imposed pursuant to Ordinance No. 7-2014 on the North Point project.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 17th day of July 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Linda Budge, Mayor
Stacy Leitner, CMC
City Clerk

ITEM 16.3. ATTACHMENT 2
Exhibit A to the Resolution

ITEM 16.3. ATTACHMENT 2
Exhibit A to the Resolution

EXHIBIT B

CERTIFICATE OF THE CITY CLERK AS TO

THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS

IN CONNECTION WITH THE PROPOSED STORMWATER UTILITY FEE

IN THE CITY OF RANCHO CORDOVA
I, Stacy Leitner, City Clerk of the City of Rancho Cordova, hereby certify that I canvassed the returns of the election in connection with the imposition of an annual stormwater utility fee that the day for the return of mailed ballot, May 30, 2023. The election was concluded on that date and that the total number of ballots cast in said election and the total number of votes cast for and against the ballot measure, as specified below, are full, true and correct.

Total of Ballots Received: /
Total "Yes" Ballots:

Total "No" Ballots:

Project: The North Point Project
ITEM 16.3. ATTACHMENT 3 Exhibit B to the Resolution

MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 16.4.

DATE: July 17, 2023
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Quoc Nham, Senior Civil Engineer
SUBJECT: A RESOLUTION APPROVING THE FINAL MAP OF THE RANCH VILLAGE 10, SUBDIVISION NO. FM-2021-002-08, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE
SUBDIVISION IMPROVEMENT AGREEMENT CONTRACT NO. 2022-
242 WITH K. HOVNANIAN AT JAEGER RANCH, LLC

RECOMMENDATION
Approve the Resolution.

RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would approve the final map of The Ranch Village 10 Subdivision No. FM-2021-002-08 and authorizes the City Manager to execute Subdivision Improvement Agreement Contract No. 2022-242 with K. Hovnanian at Jaeger Ranch, LLC.

BACKGROUND
The map has been examined and checked for compliance with Title 22 of the City of Rancho Cordova Municipal code and the California Subdivision Map Act. The City Council approved the Small Lot Tentative Map on January 6, 2020. A Development Agreement by the City and K.

Hovnanian at Jaeger Ranch, LLC., was entered into on February 21, 2020, and recorded on May 1, 2020, in the Official Records of Sacramento County on Document No. 202005010617. A copy of the final map, Attachment 3, and a copy of the vicinity map, Attachment 4, are included with this letter.

Roads are offered for dedication with this subdivision. K. Hovnanian at Jaeger Ranch, LLC. has provided a performance and labor and material bond guaranteeing the construction of the public improvements. Wood Rodgers, Inc. has waived the requirement for a bond to guarantee payment for setting the survey monuments with the subdivision. The soil report requirement has been satisfied by Wallace-Kuhl and Associates dated December 12, 2019.

There are no delinquent taxes against the property and the Tax Collector has so certified. The 2022/2023 estimated taxes have been secured with the Sacramento County Tax Collector.

FISCAL IMPACT AND FUNDING SOURCE
There is no fiscal impact to the City.

City Council Staff Report - Page 2 of 2

ATTACHMENT(S)

1. Resolution

2. Ranch Village 10 Subdivision Improvement Agreement

3. Ranch Village 10 Final Map

4. Ranch Village 10 Vicinity Map

ITEM 16.4. ATTACHMENT 1
Resolution No. XX-2023 Page 1 of 1

CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, APPROVING THE FINAL MAP OF THE RANCH VILLAGE 10 SUBDIVISION NO. FM-2021-002-08, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUBDIVISION IMPROVEMENT AGREEMENT CONTRACT NO. 2022-242 WITH K. HOVNANIAN AT JAEGER RANCH, LLC.

WHEREAS, the City Council approved the Small Lot Tentative Map on January 6, 2020, per Resolution No. 5-2020; and
WHEREAS, the map is in substantial compliance with the approved tentative map; and WHEREAS, the conditions of approval have been complied with; and WHEREAS, the map complies with Title 22 of the City of Rancho Cordova municipal code and the California Subdivision Map Act; and
WHEREAS, the approval of final maps is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Regulation Section 15268(b)(3) as a ministerial approval; and
WHEREAS, the City desires to enter into a subdivision improvement agreement with the developer to ensure necessary public improvements are completed and secured with a bond.

NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does approve the Final Map of The Ranch Village 10 Subdivision No. FM-2021-002-08 and does authorize the City Manager to execute Subdivision Improvement Agreement Contract No. 2022-242 with K. Hovnanian at Jaeger Ranch, LLC., in a form approved by the City Attorney.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 17th day of July 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Linda Budge, Mayor
Stacy Leitner, CMC
City Clerk

Subdivision Improvement Agreement
Between the City of Rancho Cordova and
K. Hovnanian at Jaeger Ranch, LLC 1
ITEM 16.4. ATTACHMENT 2

SUBDIVISION IMPROVEMENT AGREEMENT
THE RANCH VILLAGE 10
SUBDIVISION NO. FM-2021-002-08
THIS SUBDIVISION IMPROVEMENT AGREEMENT (hereinafter, “Agreement”) entered into this day of _, 20__, by and between the City of Rancho Cordova, (hereinafter “City"), a California municipal corporation, and K. Hovnanian at Jaeger Ranch, LLC, a California limited liability company (hereinafter "Principal").

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

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

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

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

3. City Approval of Subdivision Map. City agrees to approve the final map of the subdivision presented to it by Principal and designated The Ranch Village 10, Subdivision No.

FM-2021-002-08 (the “Subdivision”) and to accept on behalf of the public all lands, rights of way and easements therein offered in dedication, in accordance with the conditions hereinafter set forth.

Subdivision Improvement Agreement
Between the City of Rancho Cordova and
K. Hovnanian at Jaeger Ranch, LLC 2
ITEM 16.4. ATTACHMENT 2

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

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

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

7. Notice of Commencement of Work. Principal shall notify the City Engineer in writing of the commencement of the work of improvements.

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

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

Subdivision Improvement Agreement
Between the City of Rancho Cordova and
K. Hovnanian at Jaeger Ranch, LLC 3
ITEM 16.4. ATTACHMENT 2
hereunder

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

11. Improvement Security. (a) Principal shall obtain and furnish to City an improvement security consisting of a surety bond in favor of City, issued by a corporate surety authorized to do business in the State of California, and in form approved by City, securing the faithful performance by Principal of the work of improvement required, and also securing the payment of the costs and interest, if any, due under Sections 12.030.210 et seq. of the Rancho Cordova Municipal Code, as provided in Paragraph 5 herein and an additional bond issued by a corporate surety authorized to do business in the State of California, in the amount of not less than 50 percent of the total estimated cost of the improvement, securing payment to contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials for the improvement.
(b) In lieu of said corporate surety bonds, Principal may furnish an improvement security consisting of a letter of credit, certificate of deposit, or similar instrument of credit, in form satisfactory to City, issued by a financial institution subject to regulation by the State or Federal government, pledging that the funds necessary to meet the performance required herein are on deposit, and guaranteed for payment on demand. Said letter of credit, certificate of deposit, or similar instrument of credit shall provide that the funds designated therein shall become trust funds for the purposes set forth in said instrument. (c) The failure of Principal to commence the required work of improvements, or to complete the same within the time required after commencement thereof, shall entitle City to the full payment of the security, or so much thereof as may be necessary to complete the required work of improvement pursuant to this Agreement. The amount of the surety bond for faithful performance shall be in the sum of $3,269,946.90. The amount of the surety bond for the payment of the claims of the contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials for the improvement shall be at least 50 percent of the above amount. The letter of credit,
certificate of deposit or similar instrument of credit, or cash deposit for faithful performance, shall be in the above amount plus an additional 50 percent for the purposes set forth herein.

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

Subdivision Improvement Agreement
Between the City of Rancho Cordova and
K. Hovnanian at Jaeger Ranch, LLC 4
ITEM 16.4. ATTACHMENT 2
the City of the covenants herein on its part to be performed.

Subdivision Improvement Agreement
Between the City of Rancho Cordova and
K Hovnanian at Jaeger Ranch, LLC. 4
ITEM 16.4. ATTACHMENT 2

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

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

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

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

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

Subdivision Improvement Agreement
Between the City of Rancho Cordova and
K Hovnanian at Jaeger Ranch, LLC. 5
ITEM 16.4. ATTACHMENT 2

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

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

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

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

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

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

SIGNATURE PAGE FOLLOWING

Subdivision Improvement Agreement
Between the City of Rancho Cordova and
K Hovnanian at Jaeger Ranch, LLC. 6
ITEM 16.4. ATTACHMENT 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above, which date shall be considered by the Parties to be the effective date of this Agreement.

CITY OF RANCHO CORDOVA,
California Municipal Corporation
_______________________________
Micah Runner, City Manager
K. Hovnanian at Jaeger Ranch, LLC.,
A California Limited Liability Company
________________________________
Tim Collison, Controller
Date: __________________________ Date: ___________________________ ATTEST:
__________________________________
Stacy Leitner, CMC, City Clerk

ITEM 16.4. ATTACHMENT 3

ITEM 16.4. ATTACHMENT 3

CHRYSANTHY BOULEVARD

TAWNY OWL WAY

GREENFINCH WAY

GREY CROW CIRCLE

GREY CROW CIRCLE

GREY CROW
CIRCLE

CHRYSANTHY

BOULEVARD
Sheet of 6 3
JULY 2023

BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
SUBDIVISION NO. FM-2021-002-08

THE RANCH

FINAL MAP OF
LOT 10 AND LOT D OF THAT FINAL MAP RECORDED IN BOOK 429 OF MAPS, AT PAGE 8, SACRAMENTO COUNTY RECORDS;
EXCEPTING THEREFROM, ACQUISITION AREAS A2 THROUGH A6,
INCLUSIVE, TOGETHER WITH, EXCEPTION AREAS A2 AND A3
OF THAT GRANT DEED RECORDED AS DOC# 202212300695,

OFFICIAL RECORDS OF SACRAMENTO COUNTY,

CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO,

STATE OF CALIFORNIA
VILLAGE 10
5 4

WHEAT RIDGE DRIVE
6 ITEM 16.4. ATTACHMENT 3

CHRYSANTHY BOULEVARD

TAWNY OWL WAY

GREENFINCH WAY

GREY CROW CIRCLE

GREY CROW CIRCLE
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Sheet of 6 4
JULY 2023

BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
SUBDIVISION NO. FM-2021-002-08

THE RANCH

FINAL MAP OF
LOT 10 AND LOT D OF THAT FINAL MAP RECORDED IN BOOK 429 OF MAPS, AT PAGE 8, SACRAMENTO COUNTY RECORDS;
EXCEPTING THEREFROM, ACQUISITION AREAS A2 THROUGH A6,
INCLUSIVE, TOGETHER WITH, EXCEPTION AREAS A2 AND A3
OF THAT GRANT DEED RECORDED AS DOC# 202212300695,

OFFICIAL RECORDS OF SACRAMENTO COUNTY,

CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO,

STATE OF CALIFORNIA
VILLAGE 10
SEE SHEET 5

SEE DETAIL 'A'
SHEET 3

WHEAT RIDGE
DRIVE

SEE DETAIL 'B'
SHEET 3
SEE SHEET 6
ITEM 16.4. ATTACHMENT 3

GREENFINCH WAY

GREY CROW CIRCLE

GREY CROW
CIRCLE

GREY CROW CIRCLE
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Sheet of 6 5
JULY 2023

BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
SUBDIVISION NO. FM-2021-002-08

THE RANCH

FINAL MAP OF
LOT 10 AND LOT D OF THAT FINAL MAP RECORDED IN BOOK 429 OF MAPS, AT PAGE 8, SACRAMENTO COUNTY RECORDS;
EXCEPTING THEREFROM, ACQUISITION AREAS A2 THROUGH A6,
INCLUSIVE, TOGETHER WITH, EXCEPTION AREAS A2 AND A3
OF THAT GRANT DEED RECORDED AS DOC# 202212300695,

OFFICIAL RECORDS OF SACRAMENTO COUNTY,

CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO,

STATE OF CALIFORNIA
VILLAGE 10
SEE SHEET 4
SEE SHEET 4
ITEM 16.4. ATTACHMENT 3

DETAIL 'A'

THIS SHEET

GREY CROW CIRCLE

CHRYSANTHY BOULEVARD

TAWNY OWL
WAY

GREENFINCH
WAY
± ±°
± ±°
Sheet of 6 6
JULY 2023

BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
SUBDIVISION NO. FM-2021-002-08

THE RANCH

FINAL MAP OF
LOT 10 AND LOT D OF THAT FINAL MAP RECORDED IN BOOK 429 OF MAPS, AT PAGE 8, SACRAMENTO COUNTY RECORDS;
EXCEPTING THEREFROM, ACQUISITION AREAS A2 THROUGH A6,
INCLUSIVE, TOGETHER WITH, EXCEPTION AREAS A2 AND A3
OF THAT GRANT DEED RECORDED AS DOC# 202212300695,

OFFICIAL RECORDS OF SACRAMENTO COUNTY,

CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO,

STATE OF CALIFORNIA
VILLAGE 10
SEE SHEET 5
SEE SHEET 5
ITEM 16.4. ATTACHMENT 3

CHRYSANTHY BLVD

WHEAT RIDGE DR

ALAMOSA DR

ENCANTO WAY

PAINT HORSE CT

ROCKY FORD CT

ALAMOSA
DR

FINAL MAP OF
THE RANCH VILLAGE 10
SUBDIVISION NO. FM-2021-002-08
¯
0 100 200
Feet
Aerial Photo Date: March 2018

DOUGLAS RD

RANCHO CORDOVA PKWY

LOCATION MAP
Path: X:\GIS_Staff\PROJECTS\PUBLIC_WORKS\DEVELOPMENT\SUBDIVISIONS\THE_RANCH_VILLAGE_10\THE_RANCH_VILLAGE_10.mxd | Date: 11/4/2022 DETAIL
AREA
ITEM 16.4. ATTACHMENT 4

MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 16.5.

DATE: July 17, 2023
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Quoc Nham, Senior Civil Engineer
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROVE

THE FINAL MAP OF STONE CREEK RESIDENTIAL, SUBDIVISION
NO. FM-2021-003-01 AND EXECUTE SUBDIVISION IMPROVEMENT
AGREEMENT CONTRACT NO. 2023-30 WITH ELLIOTT ASHTON

PLACE, LLC

RECOMMENDATION
Adopt the Resolution.

RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would approve the Final Map of Stone Creek Residential, Subdivision No. FM-2021-003-01 and authorize the City Manager to execute Subdivision Improvement Agreement Contract No. 2023-30 with Elliott Ashton Place, LLC.

BACKGROUND
The map has been examined and checked for compliance with Title 22 of the City of Rancho Cordova Municipal Code and the California Subdivision Map Act. The City Council approved the Tentative Parcel Map and Tentative Subdivision Map on October 18, 2021. A copy of the final map, Attachment 3, and a copy of the vicinity map, Attachment 4, are included with this letter.

Roads are not offered for dedication with this subdivision. Elliott Ashton Place, LLC. has provided a performance and labor and material bond guaranteeing the construction of the public improvements. Morton & Pitalo, Inc. has provided security to set the monuments shown on the “Stone Creek – Residential” Final Map by virtue of their inclusion in the subdivision’s Subdivision Improvement Agreement, Contract No. 2023-30, to be entered into between the City of Rancho Cordova and Elliott Ashton Place, LLC. The soil report requirement has been satisfied by Youngdahl Consulting Group, Inc., dated August 26, 2021.

There are no delinquent taxes against the property and the Tax Collector has so certified. The 2022/2023 estimated taxes have been secured with the Sacramento County Tax Collector.

FISCAL IMPACT AND FUNDING SOURCE
There is no fiscal impact to the City.

City Council Staff Report - Page 2 of 2

ATTACHMENT(S)

1. Resolution

2. Stone Creek Subdivision Improvement Agreement

3. Stone Creek Final Map

4. Stone Creek Vicinity Map

ITEM 16.5. ATTACHMENT 1
Resolution No. XX-2023 Page 1 of 2

CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2023

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

OF CALIFORNIA, APPROVING THE FINAL MAP OF STONE CREEK RESIDENTAIL, SUBDIVISION NO. FM-2021-003-01, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUBDIVISION IMPROVEMENT AGREEMENT NO. 2023-30 WITH ELLIOTT ASHTON PLACE, LLC.

WHEREAS, the City Council approved the Stone Creek Village Tentative Parcel Map, Tentative Subdivision Map, Major Design Review, and Unified Sign Program on October 18, 2021 per Resolution No. 161-2021; and
WHEREAS, the map is in substantial compliance with the approved tentative map; and WHEREAS, the conditions of approval have been complied with; and WHEREAS, the map complies with Title 22 of the City of Rancho Cordova municipal code and the California Subdivision Map Act; and
WHEREAS, the approval of final maps is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Regulation Section 15268(b)(3) as a ministerial approval; and
WHEREAS, the City desires to enter into a subdivision improvement agreement with the developer to ensure necessary public improvements are completed and secured with a bond.

NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does approve the Final Map of Stone Creek Residential, Subdivision No. FM-2021-003-01 and does authorize the City Manager to execute Subdivision Improvement Agreement No. 2023-30 with Elliott Ashton Place, LLC, in a form approved by the City Attorney.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 17th day of July 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ITEM 16.5. ATTACHMENT 1
Resolution No. XX-2023 Page 2 of 2
ATTEST:

Linda Budge, Mayor
Stacy Leitner, CMC
City Clerk

ITEM 16.5. ATTACHMENT 2
CONTRACT NO. 2023-30
Subdivision Improvement Agreement Updated: 9/14/21
Between the City of Rancho Cordova and
Elliott Ashton Place, LLC. 1

SUBDIVISION IMPROVEMENT AGREEMENT

STONE CREEK RESIDENTIAL
SUBDIVISION NO. FM-2021-003-01
THIS SUBDIVISION IMPROVEMENT AGREEMENT (hereinafter, “Agreement”) entered into this 18th day of July 2023, by and between the City of Rancho Cordova, (hereinafter “City"), a California municipal corporation, and Elliott Ashton Place, LLC., a California limited liability company (hereinafter "Principal").

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

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

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

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

3. City Approval of Subdivision Map. City agrees to approve the final map of the subdivision presented to it by Principal and designated Stone Creek Residential, Subdivision No. FM-2021-003-01 and to accept on behalf of the public all lands, rights of way and

ITEM 16.5. ATTACHMENT 2
CONTRACT NO. 2023-30
Subdivision Improvement Agreement Updated: 9/14/21
Between the City of Rancho Cordova and
Elliott Ashton Place, LLC. 2
easements therein offered in dedication, in accordance with the conditions hereinafter set forth.

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

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

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

7. Notice of Commencement of Work. Principal shall notify the City Engineer in writing of the commencement of the work of improvements.

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

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

ITEM 16.5. ATTACHMENT 2
CONTRACT NO. 2023-30
Subdivision Improvement Agreement Updated: 9/14/21
Between the City of Rancho Cordova and
Elliott Ashton Place, LLC. 3
hereunder.

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

11. Improvement Security. (a) Principal shall obtain and furnish to City an improvement security consisting of a surety bond in favor of City, issued by a corporate surety authorized to do business in the State of California, and in form approved by City, securing the faithful performance by Principal of the work of improvement required, and also securing the payment of the costs and interest, if any, due under Sections 12.030.210 et seq. of the Rancho Cordova Municipal Code, as provided in Paragraph 5 herein and an additional bond issued by a corporate surety authorized to do business in the State of California, in the amount of not less than 50 percent of the total estimated cost of the improvement, securing payment to contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials for the improvement.
(b) In lieu of said corporate surety bonds, Principal may furnish an improvement security consisting of a letter of credit, certificate of deposit, or similar instrument of credit, in form satisfactory to City, issued by a financial institution subject to regulation by the State or Federal government, pledging that the funds necessary to meet the performance required herein are on deposit, and guaranteed for payment on demand. Said letter of credit, certificate of deposit, or similar instrument of credit shall provide that the funds designated therein shall become trust funds for the purposes set forth in said instrument. (c) The failure of Principal to commence the required work of improvements, or to complete the same within the time required after commencement thereof, shall entitle City to the full payment of the security, or so much thereof as may be necessary to complete the required work of improvement. The amount of the surety bond for faithful performance shall be in the sum of $4,786,078.37 (Four Million Seven Hundred Eighty-Six Thousand Seventy-Eight Dollars and Thirty-Seven Cents. The amount of the surety bond for the payment of the claims of the contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials for the improvement shall be at least 50 percent of the above amount. The letter of credit, certificate of deposit or similar instrument of credit, or cash deposit for faithful performance, shall be in the above amount plus an additional 50 percent for the purposes set forth herein.

12. Improvement Security As Condition Precedent. The furnishing of the improvement security by Principal as required by paragraph 11 hereof shall be a condition

ITEM 16.5. ATTACHMENT 2
CONTRACT NO. 2023-30
Subdivision Improvement Agreement Updated: 9/14/21
Between the City of Rancho Cordova and
Elliott Ashton Place, LLC. 4
precedent to acceptance by City of the above described real property and the performance by the City of the covenants herein on its part to be performed.

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

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

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

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

17. Interest. Interest shall accrue at the highest rate permitted by law on all sums

ITEM 16.5. ATTACHMENT 2
CONTRACT NO. 2023-30
Subdivision Improvement Agreement Updated: 9/14/21
Between the City of Rancho Cordova and
Elliott Ashton Place, LLC. 5
from the date payment is due under the terms of this Agreement and the sum due is certain or reasonably capable of being made certain.

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

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

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

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

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

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

SIGNATURE PAGE FOLLOWING

ITEM 16.5. ATTACHMENT 2
CONTRACT NO. 2023-30
Subdivision Improvement Agreement Updated: 9/14/21
Between the City of Rancho Cordova and
Elliott Ashton Place, LLC. 6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above, which date shall be considered by the Parties to be the effective date of this Agreement.

CITY OF RANCHO CORDOVA,
California Municipal Corporation
_______________________________
Micah Runner, City Manager
Elliott Ashton Place, LLC.

California Limited Liability Company
________________________________
Price Walker, Vice President
Date: __________________________ Date: ___________________________ ATTEST:
__________________________________
Stacy Leitner, CMC, City Clerk

Dwg: X:\2021\21-0021-00 (STONE CREEK-VERANDA)\DWG\SRVY\WORKING\FINAL MAP - RESIDENTIAL\210021-S1-FM01.DWG | Saved: 06-16-23 03:42pm MCHIARA 130039 DATED __________________
MICHAEL J. CHIARAP.L.S. NO. 9058EXPIRES: 9-30-23
_____________________________RECORDER OF SACRAMENTO COUNTYSTATE OF CALIFORNIABY: _____________________ DEPUTY
DOCUMENT NO. ____________FEE; $ _____
DATED ______________________
CITY SURVEYORJOCELYN LIMASL.S. 9596EXPIRATION DATE: 3/31/25 DATED ___________________
_______________________________CITY CLERKCITY OF RANCHO CORDOVA ELLIOTT HOMES, INC., AN ARIZONA CORPORATION
BY: _____________________________________
HARRY C. ELLIOTT, III, PRESIDENT

OWNER'S STATEMENT

THE UNDERSIGNED HEREBY CONSENTS TO THE PREPARATION AND RECORDATION OF THIS FINAL MAP OF "STONE CREEK - RESIDENTIAL". THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES:
(A) EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF ELECTROLIERS, TRAFFIC

CONTROL DEVICES, WATER AND GAS PIPES, AND FOR UNDERGROUND WIRES AND CONDUITS

FOR ELECTRIC, TELEVISION AND TELEPHONE SERVICES, TOGETHER WITH ANY AND ALL

APPURTENANCES PERTAINING THERETO, ON, OVER, UNDER AND ACROSS LOTS A, B, C, D,

E, F AND G, TOGETHER WITH THOSE STRIPS OF LAND SHOWN HEREON AND DESIGNATED AS "PUBLIC UTILITY EASEMENT" (P.U.E.).
(B) PUBLIC EASEMENTS FOR INGRESS AND EGRESS AND SUPPORT FOR USE OF LAW

ENFORCEMENT, FIRE PROTECTION, EMERGENCY SERVICES AND OTHER PUBLIC RELATED

AGENCIES, THEIR VEHICLES AND PERSONNEL ON, OVER AND ACROSS LOTS A, B, C, D, E, F AND G, TOGETHER WITH STRIPS OF LAND SHOWN HEREON AND DESIGNATED "EMERGENCY VEHICLE ACCESS EASEMENT" (E.V.A.E.).
(C) AN EASEMENT FOR CONSTRUCTING AND MAINTAINING CENTRALIZED MAIL DELIVERY

BOXES, PEDESTALS AND SLABS, TOGETHER WITH ANY AND ALL APPURTENANCES PERTAINING

THERETO, INCLUDING PEDESTRIAN ACCESS FOR DELIVERY AND RECEIPT OF MAIL, ON,

OVER, UNDER AND ACROSS LOT B TOGETHER WITH STRIPS OF LAND FIVE FEET IN WIDTH LYING CONTIGUOUS TO THE PRIVATE LANES SHOWN HEREON, EXCEPT WHERE BUILDINGS ARELOCATED. SURVEYOR'S STATEMENT

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT ANDLOCAL ORDINANCE AT THE REQUEST OF ELLIOTT ASHTON PLACE, LLC, IN MARCH, 2021. I

HEREBY STATE THAT ALL THE MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE

POSITIONS INDICATED OR THAT THEY WILL BE SET IN THOSE POSITIONS BEFORE DECEMBER 31, 2025, AND THAT THE MONUMENTS ARE, OR WILL BE, SUFFICIENT TO

ENABLE THE SURVEY TO BE RETRACED, AND THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP.

CITY SURVEYOR'S STATEMENT
I HEREBY STATE THAT I AM SATISFIED THAT THIS FINAL MAP IS TECHNICALLY CORRECT.I HEREBY STATE THAT THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA HAS APPROVED THIS FINAL MAP OF "STONE CREEK - RESIDENTIAL" AND HAS ACCEPTED ONBEHALF OF THE PUBLIC ALL EASEMENTS AND RIGHTS OF WAY SHOWN HEREON AS A PUBLICBOULEVARD, TOGETHER WITH ANY AND ALL APPURTENANCES PERTAINING THERETO SUBJECT TO THE IMPROVEMENT THEREOF.

CITY CLERK'S STATEMENT

THE CITY COUNCIL HAS APPROVED THE ABANDONMENT OF THE ROAD RIGHT OF WAY, MAIL DELIVERY EASEMENT, AND PEDESTRIAN EASEMENT, LISTED HEREON.

RECORDER'S STATEMENT
FILED THIS _____ DAY OF __________________, 2023, AT ____ __.M., IN BOOK ______OF MAPS, AT PAGE ______, AT THE REQUEST OF MORTON AND PITALO, INC, TITLE TO THE LAND INCLUDED IN THIS SUBDIVISION BEING VESTED AS PER CERTIFICATE NO. ____________ ON FILE IN THIS OFFICE.
____________________________
DATED ______________________
CITY ENGINEERALBERT STRICKERR.C.E. 64057EXPIRATION DATE: 9/30/24

CITY ENGINEER'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP OF "STONE CREEK - RESIDENTIAL" AND FIND IT TO BE SUBSTANTIALLY THE SAME AS THE TENTATIVE MAPAPPROVED BY THE CITY OF RANCHO CORDOVA AND ANY APPROVED ALTERATIONS THEREOF;

THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND ALL APPLICABLE CITY ORDINANCES HAVE BEEN COMPLIED WITH.
____________________________

CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA JULY 2023
MORTON & PITALO, INC.

SHEET 1 OF 4 SHEETS
(D) EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF A PEDESTRIAN WALKWAY,

TOGETHER WITH ANY AND ALL APPURTENANCES PERTAINING THERETO, ON, OVER, UNDER AND ACROSS THOSE STRIPS OF LAND SHOWN HEREON AND DESIGNATED "PEDESTRIAN EASEMENT" (P.E.).
________________________________________
DATED

FINAL MAP OF

STONE CREEK - RESIDENTIAL
SUBDIVISION NO. FM -2021-003-01
LOT 6 AS SHOWN ON SUBDIVISION NO. FM-2021-003-00
ENTITLED "STONE CREEK VILLAGE"
FILED JANUARY 4, 2022 IN BOOK 435 OF MAPS, PAGE 3,

SACRAMENTO COUNTY RECORDS
STATE OF _________________
COUNTY OF ________________ON __________________, BEFORE ME, __________________________________, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED ___________________________

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S)WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO

ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES),

AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.WITNESS MY HAND AND OFFICIAL SEAL ____________________________________________________________ SIGNATURE PRINT NAME MY COMMISSION NO. ________________________________________MY COMMISSION EXPIRES ____________________________________MY PRINCIPAL PLACE OF BUSINESS IS ______________________ COUNTY

NOTARY ACKNOWLEDGMENT

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE

IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

ITEM 16.5. ATTACHMENT 3

N43°48'03"W(1)(2)(3)(4) 856.26'
N43°45'09"W(4) 786.85'(4)
R=25'(1)(4)
Δ=90°00'00"(1)(4)
L=39.27'(1)(4)
N46°14'51"E 151.72'
N46°14'51"E(1)(4) 265.49'(1)(4)
N43°45'09"W(1)(4) 1762.82'(4)

60.00'(1)(4) 852.85'(4)
1691.63'(4) 68.00'(1)(4)
N44°03'48"W(R)
27' 33'
24' 30'
54' 54'FOUND 1.5" COPPER DISC STAMPED L.S. 6815 PER (4) FOUND 3/4" I.P. PER (4) (TAGGED L.S. 6815 PER (1) FOUND 3/4" I.P., NO TAG PER (4) FOUND 3/4" I.P., NO TAG PER (4)
(TAGGED L.S. 6815 PER (1)
(3/4" I.P. TAGGED L.S. 6815 PER (1)
(TAGGED L.S. 6815 PER (1)
FOUND 3/4" I.P., NO TAG PER (4)
(TAGGED L.S. 6815 PER (1)
R=
1 5
0 0
'
(
1)
(
3)
(
4)
Δ
=49
°52
'
48 "
(
1)
( 3)
( 4)

L=
1305
.
86 '
(
1)
( 3)
( 4)
( B A S I S O F B E A R I N G S )
849.96'(4)
N46°14'51"E(4) 518.00'(4)
N43°45'09"W(4)

37.61'(4)
N46°14'51"E(4) 160.29'(4) N61°33'36"W(R)
L

6.30'

C BAROQUE DRIVE
FOUND 1" IRON PIPE WITH PLASTIC CAP
STAMPED L.S. 9058 PER (4)
FOUND 1" IRON PIPE WITH PLASTIC CAP
STAMPED L.S. 9058 PER (4)
FOUND 1" IRON PIPE WITH PLASTIC CAP
STAMPED L.S. 9058 PER (4)
FOUND 1" IRON PIPE WITH PLASTIC CAP
STAMPED L.S. 9058 PER (4)
L1
L2
L3

5.00'(4) 155.29'(4)
SEE SHEET 3
SEE SHEET 4
COURSE TABLEL1.....N46°14'51"E(1)(4) 3.05'L2.....N43°45'09"W 6.00'L3.....N41°55'29"E 40.10' R
=
1 5
2 4
'
Δ
=
1 7
°
2 9
'
4 8
"
L
=
4 6
5 .
3 9
'
FOUND I.P., NO TAG PER (4)
(3/4" I.P. WITH PLASTIC PLUG
STAMPED L.S. 6815 PER (1)
846.78'(1)(4)

3.19'(1)(4)
FOUND 3/4" I.P., ILLEGIBLE TAG PER (4)
(TAGGED L.S. 6815 PER (1)
FOUND 3/4" I.P. WITH60D NAIL IN CENTER, NO TAG PER (4)
(TAGGED L.S. 6815 PER (1)

C BEAR HOLLOW DRIVE L

DIMENSION POINT, NOTHING FOUND OR SET
(1) RECORD DATA PER 317 B.M. 7

FOUND MONUMENT AS NOTED HEREON
NOTES

1. TOTAL AREA OF THIS SUBDIVISION IS 12.784 ACRES, CONTAINING 7 LETTERED LOTS AND 128 RESIDENTIAL LOTS

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

3. LOT A SHALL BE DEDICATED TO THE CITY FOR LANDSCAPE PURPOSES.

4. LOT B SHALL BE CONVEYED TO AND MAINTAINED BY THE HOMEOWNER'S ASSOCIATION FOR ACCESS, PARKING AND LANDSCAPE PURPOSES.

5. LOTS C, D, E, F AND G SHALL BE CONVEYED TO AND MAINTAINED BY THE HOMEOWNER'S ASSOCIATION FOR LANDSCAPE PURPOSES.

6. LOTS B, C, D, E, F AND G CONTAIN BLANKET P.U.E., E.V.A.E., AND PRIVATE PEDESTRIAN EASEMENT.

6. THIS SHEET SHOWS FOUND MONUMENTS ONLY. REFER TO SHEETS 3 AND 4 FOR SET MONUMENTS.

7. LOT CORNERS ABUTTING WALLS SHALL BE WITNESSED BY A 1" IRON PIPE WITH A PLASTIC CAP STAMPED L.S. 9058, SET ALONG THE LOT LINE, 3.00 FEET FROM THE CORNER.

8. LOT CORNERS ABUTTING SPOTO DRIVE SHALL BE WITNESSED BY A 1" IRON PIPE WITH A PLASTIC CAP STAMPED L.S. 9058 IN DIRT, OR A 1-1/4" BRASS DISC STAMPED L.S. 9058 IN CONCRETE, SET ALONG THE LOT LINE, 3.00 FEET FROM THE CORNER.

8. FRONT LOT CORNERS ABUTTING LOT B SHALL BE MARKED BY A 1" IRON PIPE WITH PLASTIC CAP STAMPED L.S. 9058, 3.00 FEET FROM THE CORNER ALONG THE PROJECTED LOT LINE IN ASPHALT OR DIRT, OR A 1-1/4" BRASS DISC STAMPED L.S. 9058, 3.00 FEET FROM THE CORNER ALONG THE PROJECTED LOT LINE IN CONCRETE, UNLESS NOTED OTHERWISE.

9. PURSUANT TO SECTION 66445(J) OF THE GOVERNMENT CODE, THE FOLLOWING EASEMENTS ARE HEREBY ABANDONED:

A. A PORTION OF SPOTO DRIVE, AS SHOWN AND SO DEDICATED TO THE CITY OF RANCHO CORDOVA ON THAT CERTAIN MAP ENTITLED, "VILLAGES OF ZINFANDEL NO. 9" FILED IN BOOK 317 OF MAPS, PAGE 7, SACRAMENTO COUNTY RECORDS, LYING WITHIN THE LOTS OF THIS SUBDIVISION.

B. ALL THAT PORTION OF THAT CERTAIN EASEMENT FOR CONSTRUCTION AND

MAINTAINING CENTRALIZED MAIL DELIVERY BOXES DEDICATED TO THE CITY OF RANCHO CORDOVA ON THAT CERTAIN MAP ENTITLED, "VILLAGES OF ZINFANDEL NO. 9" FILED IN BOOK 317 OF MAPS, PAGE 7, SACRAMENTO

COUNTY RECORDS, LYING WITHIN THE BOUNDARIES OF THIS SUBDIVISION, EXCEPTING LOT A.

C. ALL THAT PORTION OF THAT CERTAIN PEDESTRIAN EASEMENT, AS SHOWN

AND SO DEDICATED TO THE CITY OF RANCHO CORDOVA ON THAT CERTAIN MAP ENTITLED, "VILLAGES OF ZINFANDEL NO. 9" FILED IN BOOK 317 OF MAPS,PAGE 7, SACRAMENTO COUNTY RECORDS, LYING WITHIN THE BOUNDARIES OF THIS SUBDIVISION, EXCEPTING LOT A.

10. COVENANTS, CONDITIONS AND RESTRICTIONS ARE BEING RECORDED CONCURRENTLY WITH THIS FINAL MAP AS DOCUMENT NO. ______________________, SACRAMENTO COUNTY OFFICIAL RECORDS.

LEGEND

BASIS OF BEARINGS

THE BASIS OF BEARINGS OF THIS SURVEY IS THE CENTERLINE OF ZINFANDEL

DRIVE, AS SHOWN AND SO DESIGNATED ON THAT CERTAIN FINAL MAP ENTITLED, VILLAGES OF ZINFANDEL UNIT NO. 9 FILED IN BOOK 317 OF MAPS, PAGE 7, SACRAMENTO COUNTY RECORDS, AND WAS ESTABLISHED BY FOUND MONUMENTSSHOWN HEREON.

P.E. PEDESTRIAN EASEMENT
(2) RECORD DATA PER 336 B.M. 10(3) RECORD DATA PER 398 B.M. 2 P.U.E. PUBLIC UTILITY EASEMENT
SET 1-1/4" BRASS DISC IN CONCRETE STAMPED "L.S. 9058" SET 1" IRON PIPE WITH PLASTIC CAP STAMPED "L.S. 9058"

GRAPHIC SCALE
1 in = 80 ft
0'40'80' 80' 160'

FINAL MAP OF

CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA JULY 2023 SCALE: 1"=80'
MORTON & PITALO, INC.

SHEET 2 OF 4 SHEETS

STONE CREEK - RESIDENTIAL
SUBDIVISION NO. FM-2021-003-01
LOT 6 AS SHOWN ON SUBDIVISION NO. FM-2021-003-00
ENTITLED "STONE CREEK VILLAGE"
FILED JANUARY 4, 2022 IN BOOK 435 OF MAPS, PAGE 3,

SACRAMENTO COUNTY RECORDS
(R) RADIAL BEARING
E.V.A.E. EMERGENCY VEHICLE ACCESS EASEMENT
(4) RECORD DATA PER 435 B.M. 3
ITEM 16.5. ATTACHMENT 3

FOUND 1.5" COPPER DISC
STAMPED L.S. 6815 PER (4) FOUND 3/4" I.P. PER (4) (TAGGED L.S. 6815 PER (1) FOUND 3/4" I.P., NO TAG PER (4) FOUND 3/4" I.P., NO TAG PER (4)
(TAGGED L.S. 6815 PER (1)
(3/4" I.P. TAGGED L.S. 6815 PER (1) (TAGGED L.S. 6815 PER (1) FOUND 3/4" I.P., NO TAG PER (4)
C BAROQUE DRIVE L (TAGGED L.S. 6815 PER (1)
FOUND 1" IRON PIPE WITH PLASTIC CAPSTAMPED L.S. 9058 PER (4) N43°45'09"W(4) 786.85'(4) R=25'(1)(4)
Δ=90°00'00"(1)(4)
N46°14'51"E 151.72'
N46°14'51"E(1)(4) 265.49'(1)(4)
N43°45'09"W(1)(4) 1762.82'(4)

60.00'(1)(4) 784.85'(4) 68.00'(1)(4)
1691.63'(4)
N44°03'48"W(R)
27' 33'
54' 54'
N46°14'51"E(4) 518.00'(4)
L1
L2
L3
54' 54'
N43°45'09"W 774.24'
N46°14'51"E 148.08'

42.00' 41.00' 43.50'

77.00'
N43°45'09"W

67.00'
N43°45'09"W

67.00'
N43°45'09"W

43.50' 41.00' 27.25'

70.00' 70.00'
N43°45'09"W 120.00'

27.25'
N46°14'51"E 111.75'

43.50' 41.00'

42.00'

60.00' 60.00'60.00' 60.00'

27.25' 41.00' 43.50'
N46°14'51"E 144.25'
N46°14'51"E 111.75' 2961 S.F. N43°45'09"W 120.00' N43°45'09"W 120.00' N46°14'51"E 144.25'
N46°14'51"E 111.75'

66.00'

42.00' 41.00' 43.50'

43.50' 41.00' 27.25'
N46°14'51"E 126.50'

40.00'
N46°14'51"E 111.75' 56.00' 56.00' N43°45'09"W N43°45'09"W

40.00'
N46°14'51"E 126.50'
N43°45'09"W 152.00'

42.00' 41.00' 43.50'

27.25' 41.00' 43.50'

66.00'

56.00'
N43°45'09"W

56.00'
N43°45'09"W
N46°14'51"E 144.25'
N46°14'51"E 111.75'

27.25' 41.00' 43.50'
N46°14'51"E 111.75'
N43°45'09"W 120.00'

43.50' 41.00' 27.25' N46°14'51"E 111.75' N43°45'09"W 120.00' N43°45'09"W 120.00' 60.00' 60.00' 60.00' 60.00'

70.00' 70.00'
N46°14'51"E 144.25'

43.50' 41.00' 27.25'
N46°14'51"E 111.75'
N43°45'09"W 143.74'

27.25' 41.00' 43.50'
N46°14'51"E 111.75' N43°45'09"W 143.74' N43°45'09"W 143.74' 64.87' 78.87' 64.87' 78.87'

74.87' 88.87'
N46°14'51"E 171.74'

81.50'

27.25' 41.00' 41.00' 21.49' 77.50' 77.50' 77.50' 78.27' N43°45'09"W N43°45'09"W N43°45'09"W

30.77' 41.00' 41.00' 38.95' 29.84'

80.50'
N45°59'50"W (R)

80.50'
N43°45'09"W 647.00'

41.00' 41.00' 41.00' 44.00' 44.00' 41.00' 41.00' 20.00' 41.00' 41.00' 41.00' 44.00' 44.00' 41.00' 41.00' 41.00' N43°45'09"W 647.00'
N46°14'51"E 90.50'

63.50'
N46°14'51"E

63.50'
N46°14'51"E

63.50'
N46°14'51"E

63.50'
N46°14'51"E

63.50'
N46°14'51"E

63.50'
N46°14'51"E 63.50'
N46°14'51"E 63.50'
N46°14'51"E

63.50'
N46°14'51"E

63.50'

63.50'

63.50'
N46°14'51"E

63.50'
N46°14'51"E

63.50'
N46°14'51"E

63.50'
N46°14'51"E 90.50'

63.50'

41.00' 41.00' 41.00' 44.00' 44.00' 41.00' 41.00' 20.00' 41.00' 41.00' 41.00' 44.00' 44.00' 41.00' 41.00' 41.00' 2667 S.F.
2667 S.F.
2499 S.F.
5060 S.F.
2499 S.F.
2747 S.F.
2914 S.F.
2610 S.F.2460 S.F. 2460 S.F.
2610 S.F.
2296 S.F.
2436 S.F. 2436 S.F.
2296 S.F.
2667 S.F.
2460 S.F.
2610 S.F. 2610 S.F.
2460 S.F.
2667 S.F.
2872 S.F.
2660 S.F.
2822 S.F.
3460 S.F.
3234 S.F.
3431 S.F.
3384 S.F.
3178 S.F.
3178 S.F.3181 S.F.
3343 S.F.

N43°45'09"W 730.34'

77.00' 140.00' 172.00' 140.00' 118.00'
L=42.59'

27.49'
Δ=36°25'33"
R=17.5

67.00' 60.00' 60.00' 56.00' 56.00' 60.00' 60.00' 64.87' 78.87' C1
2604 S.F. 2604 S.F. 2604 S.F. 2794 S.F. 2794 S.F. 2604 S.F. 2604 S.F. 2604 S.F. 2604 S.F. 2604 S.F. 2794 S.F. 2794 S.F. 2604 S.F. 2604 S.F. 2604 S.F. 1270 S.F.

41.00'

10.26'
3288 S.F.

N44°28'35"W (R)

37.61' 45.74'

15.5'

11.50'

15.5'

11.50' 37.61' 647.00' 46.97'
N43°45'09"W 731.58'
L4.....N43°45'09"W L=20.00'
C1.....R=1604.50' Δ=03°38'10" L=101.82'

14.75'
N46°14'51"E

14.75'
N46°14'51"E

14.75'
N46°14'51"E

14.75'
N46°14'51"E

14.75'
N46°14'51"E
L4

10.00' 10.00'

32.5'

32.5'

21.58'48.00' 19211 S.F. 5' MAIL DELIVERY EASEMENT 12.5' P.U.E. PER 25' P.E. PER
317 B.M. 7
4' P.U.E.
10' P.U.E. & PRIVATE
10' P.U.E.
5' P.U.E.
5' P.U.E.

PER 317 B.M. 7 317 B.M. 7
5' P.U.E.

N43°45'09"W
SEE SHEET 4 12.5' P.U.E. PER 317 B.M. 7
738.85'
4' P.U.E.
5' P.U.E.
144.25'
10' 10' 10' 10' 10' 10' 10' 10'
10' 10'
114.61'

15.50' 15.50'

10.00' 10.00' 10.00' 10.00' 10.00' 10.00' 10.00' 10.00'

90.50' 24.00'
R=1524' L=465.39' Δ=17°29'48"
R=1614.5' L=472.88' Δ=16°46'54"
R=1500'(1)(3)(4)
L=1305.86'(1)(3)(4)
Δ=49°25'48"(1)(3)(4)
N48°50'23"W(R) 114.50'
L4 L4 L4
L=133.18'
Δ=05°05'14"
L4

6.00'

41.00' 43.50' 36.00'
N46°14'51"E 126.49' 5' PRIVATE P.E. 5' PRIVATE P.E.
5' P.U.E.
4' P.U.E. 4' P.U.E. 4' P.U.E.
5' P.U.E.
5' P.U.E.

42.00'

6.00'

36.00' 41.00' 43.50'
N46°14'51"E 126.49' 5' PRIVATE P.E. 5' PRIVATE P.E.

N46°14'51"E 126.49'

42.00'

6.00'

36.00' 41.00' 43.50'
N46°14'51"E
N46°14'51"E
N46°14'51"E

63.50'

PEDESTRIAN EASEMENT
10' P.U.E. & PRIVATEPEDESTRIAN EASEMENT
5' P.U.E.
5' PRIVATE P.E.
5' PRIVATE P.E.
5' PRIVATE P.E.
5' PRIVATE P.E.

12.5' P.U.E. PER
317 B.M. 7
6' P.U.E.
6' P.U.E.
15' P.E.

18.5' P.E.

4.033 ACRES
5' P.U.E.
5' P.U.E.
4' P.U.E.
5' P.U.E.
25' P.E. PER
317 B.M. 7
163.74'
N46°14'51"E

54.00' 184.00' 90.50' COURSE TABLE L1.....N46°14'51"E(1)(4) 3.05' L2.....N43°45'09"W 6.00' L3.....N41°55'29"E 40.10' L=39.27'(1)(4) L=11.13' L=20.27' Δ=05°05'14" L=143.35' Δ=02°51'02" L=80.33' Δ=02°14'12" L=63.02' Δ=00°24'27" L=10.99' Δ=01°31'16" L=40.46' 5' P.U.E.

11.5' 11.5'

11.5' 11.5'
N46°14'51"E 171.74'
Δ=00°43'26"
Δ=01°31'16"

GRAPHIC SCALE
1 in = 50 ft
0'25'50' 50' 100'

CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA JULY 2023 SCALE: 1"=50'
MORTON & PITALO, INC.

SHEET 3 OF 4 SHEETS
NOTES

1. SEE SHEET 2 FOR NOTES, LEGEND, AND BASIS OF BEARINGS.

FINAL MAP OF

STONE CREEK - RESIDENTIAL
SUBDIVISION NO. FM-2021-003-01
LOT 6 AS SHOWN ON SUBDIVISION NO. FM-2021-003-00
ENTITLED "STONE CREEK VILLAGE"
FILED JANUARY 4, 2022 IN BOOK 435 OF MAPS, PAGE 3,

SACRAMENTO COUNTY RECORDS
ITEM 16.5. ATTACHMENT 3

N43°48'03"W(1)(2)(3)(4) 856.26'
24'
30'
N46°14'51"E(4) 518.00'(4)
N43°45'09"W(4)

37.61'(4)
N46°14'51"E(4) 160.29'(4)
FOUND 1" IRON PIPE WITH PLASTIC CAPSTAMPED L.S. 9058 PER (4) FOUND 1" IRON PIPE WITH PLASTIC CAPSTAMPED L.S. 9058 PER (4) FOUND 1" IRON PIPE WITH PLASTIC CAPSTAMPED L.S. 9058 PER (4) N43°45'09"W 647.00'
N43°45'09"W 293.00' N43°45'09"W 334.00'
N43°45'09"W 293.00' N43°45'09"W 334.00'
N43°45'09"W 647.00'
N46°14'51"E 153.00'
N46°14'51"E 153.00'

20.00'

41.00' 41.00' 41.00' 44.00' 44.00' 41.00' 41.00'

56.00'
N46°14'51"E

56.00'

56.00'

56.00'

56.00'

56.00'

56.00'

56.00'

56.00'

56.00'

56.00'

56.00'

56.00'

56.00'
N46°14'51"E
N46°14'51"E
N46°14'51"E
N46°14'51"E
N46°14'51"E
N46°14'51"E
N46°14'51"E
N46°14'51"E
N46°14'51"E
N46°14'51"E
N46°14'51"E
N46°14'51"E

56.00'

41.00' 41.00' 41.00' 44.00' 44.00' 41.00' 41.00' 41.00'

56.00'

56.00'

56.00'

56.00'

56.00'

56.00'

56.00'
N46°14'51"E
N46°14'51"E
N46°14'51"E
N46°14'51"E
N46°14'51"E
N46°14'51"E

41.00' 41.00' 41.00' 44.00' 44.00' 41.00' 41.00'

56.00'
N46°14'51"E

56.00'
N46°14'51"E

56.00'
N46°14'51"E

56.00'
N46°14'51"E

56.00'
N46°14'51"E

56.00'
N46°14'51"E

56.00'
N46°14'51"E

56.00'

41.00' 41.00' 41.00' 44.00' 44.00' 41.00' 41.00' 41.00'

20.00'
N43°45'09"W 647.00'
N43°45'09"W 647.00'
2604 S.F.

N46°14'51"E 90.50'

63.50'
N46°14'51"E

63.50'
N46°14'51"E

63.50'
N46°14'51"E

63.50'
N46°14'51"E

63.50'
N46°14'51"E

63.50'
N46°14'51"E 63.50'

20.00'20.00'
N46°14'51"E 63.50'
N46°14'51"E

63.50'
N46°14'51"E

63.50'
N46°14'51"E

63.50'
N46°14'51"E

63.50'
N46°14'51"E

63.50'
N46°14'51"E

63.50'

63.50'
N46°14'51"E 90.50'
N43°45'09"W

67.00'
N43°45'09"W

67.00'
N43°45'09"W

77.00'
N46°14'51"E 144.25'

70.00'

60.00'
N43°45'09"W 120.00'

60.00'

60.00'
N43°45'09"W 120.00'

60.00'
N43°45'09"W 120.00'
N46°14'51"E 144.25'

70.00' 66.00'

40.00'

43.50' 41.00' 43.05' 56.00' 56.00'
N46°14'51"E 127.55' N43°45'09"W N43°45'09"W N43°45'09"W N43°45'09"W

43.50' 41.00' 43.02'

40.00'
N46°14'51"E 127.51' 56.00' 56.00'

66.00'
N43°45'09"W 152'.00'
N46°14'51"E 144.25' N43°45'09"W 120.00' 60.00' 60.00' N43°45'09"W 120.00' N43°45'09"W 120.00' 60.00' 60.00'

70.00' 70.00'
N43°45'09"W 120.00'
N43°45'09"W 120.00'

60.00' 60.00'
N43°45'09"W 120.00'

60.00' 60.00'

70.00' 60.00'
N46°14'51"E 127.23
2296 S.F. 2464 S.F. 2464 S.F.
2464 S.F. 2464 S.F.
2296 S.F. 2296 S.F. 2296 S.F. 2296 S.F. 2296 S.F. 2296 S.F. 2296 S.F. 2464 S.F. 2464 S.F. 2296 S.F. 2296 S.F. 2296 S.F. 2296 S.F. 2296 S.F. 2296 S.F. 2296 S.F. 2296 S.F. 2296 S.F. 2296 S.F. 2296 S.F. 2296 S.F. 2296 S.F. 2296 S.F. 2464 S.F. 2464 S.F. 13,886 S.F.
2604 S.F. 2604 S.F. 2604 S.F. 2604 S.F. 2604 S.F. 2604 S.F. 2604 S.F. 2604 S.F. 2604 S.F. 2604 S.F. 2794 S.F. 2794 S.F. 2794 S.F. 2794 S.F. 1270 S.F.

N43°45'09"W 722.10'
2914 S.F.
2747 S.F.
3058 S.F. 2751 S.F.
2460 S.F.
2610 S.F.
2610 S.F.
2460 S.F.
2747 S.F.
5101 S.F. 2296 S.F.
2436 S.F.
2571 S.F.
2436 S.F.
2296 S.F.
2565 S.F. 2733 S.F.
2460 S.F.
2610 S.F. 2610 S.F.
2460 S.F.
2724 S.F.
2460 S.F.
2729 S.F.
2610 S.F.
2610 S.F.
2460 S.F.
2566 S.F.

77.00' 140.00' 172.00' 140.00' 118.00' 53.10'
N45°59'50"W 80.50'
N47°31'06"W

80.24'

78.01'

80.50'

80.50'

80.50'

80.50'

80.50'

80.50'

80.01' N49°44'53"W (R)
N51°38'54"W (R)
N53°10'09"W (R)
N54°41'25"W (R)
N56°12'41"W (R)
N57°43'56"W (R)
N59°15'12"W (R)
Δ=01°31'16" L=42.59'
N43°45'09"W 744.87'
N43°45'09"W 731.58'
10'

11.5' 11.5'

11.50'

41.00' 41.00' 41.00' 44.00' 44.00' 41.00' 41.00' 41.00' 41.00' 41.00' 44.00' 44.00' 41.00' 41.00' 41.00'41.00' 41.00' 41.00' 44.00' 44.00' 41.00' 41.00' 41.00' 41.00' 41.00' 44.00' 44.00' 41.00' 41.00' 41.00'41.00'41.00'

41.00'41.00'

41.00'

41.00'

44.00'44.00'

44.00'44.00'

41.00'41.00'

41.00'41.00'

41.00' 41.00' 41.00'41.00' 41.00' 41.00' 44.00' 44.00' 41.00' 41.00' 41.00'

44.00' 44.00' 41.00' 41.00' 41.00'

43.50' 41.00' 27.25'

41.00' 27.25'

43.50' 41.00' 27.25'

43.50' 41.00' 27.25'

43.50' 41.00' 27.25'

43.50' 41.00' 27.25'

43.50' 41.00' 27.25'

43.50' 41.00' 27.25'

43.50' 41.00' 42.73'

43.50'
Δ=01°31'16" L=40.46'
Δ=01°31'16" L=42.59'
Δ=01°31'16" L=40.46'
Δ=01°31'16" L=42.59'
Δ=01°31'16" L=40.46'
Δ=01°31'16" L=42.59'
Δ=02°18'24"
L=61.36'
Δ=01°23'18"
L=38.88' 6.30'
3343 S.F.

N46°14'51"E 159.72' 60.00' 60.00' 56.00' 56.00' 60.00' 60.00' 60.00' 60.00' 10'

15.50'

32.5'

15.50'

32.50'
C1
10' 3342 S.F.

Δ=01°31'16"
Δ=01°31'16" L=40.46'
L=40.32'
Δ=01°21'27" L=38.01'
Δ=01°31'16" L=40.46'
Δ=01°31'16" L=42.59'
N61°33'36"W(R)
3343 S.F.

N46°14'51"E 111.75'

67.00'

37.61' 647.00' 60.26'37.61' 647.00' 46.97' 11.5' 11.5'

22.00'

92.50'

90.50' 153.00'
L5

11.50'
Δ=05°50'17"
N46°14'51"E 15.97'
N46°14'51"E 144.25'
Δ=01°19'17"
L=35.15'

10.00'
5' P.U.E.
5' P.U.E.
5' P.U.E.
5' P.U.E.
4' P.U.E.
5' P.U.E.
4' P.U.E.

18.00'
10' P.U.E. 11.50'

11.50'
10' P.U.E.
5' P.U.E.
3353 S.F.

SEE SHEET 3

12.5' P.U.E. PER
317 B.M. 7

18.00'
N46°14'51"E 111.75'
N46°14'51"E 111.75'
N46°14'51"E 111.75'
N46°14'51"E 111.75'
N46°14'51"E 111.75'
N46°14'51"E 111.75'
N46°14'51"E 111.75'
R=1604.50'
L=289.86'
Δ=10°21'03"

10.45'
L=164.50'
R=1524'
L=465.39'
Δ=17°29'48"
Δ=01°17'34" L=34.38' COURSE TABLE L5.....N43°45'09"W L=20.00' R=1614.50'
L=472.88'
Δ=16°46'54"
140.00'

43.29'
L6
L5 L5 L5
5' P.U.E.
10' P.U.E.
5' P.U.E.

56.00'
N46°14'51"E

56.00'
N46°14'51"E

56.00'
N46°14'51"E N46°14'51"E

63.50'
N46°14'51"E

63.50' 56.00'
N46°14'51"E

43.50' 35.06'
N46°14'51"E 127.66'

41.00'

38.29' 41.00' 43.50'

43.50' 41.00' 42.90'
N46°14'51"E 127.40'

43.50' 41.00' 42.78'
N46°14'51"E 127.28'
10' P.U.E. & PRIVATE P.E. 10' P.U.E. & PRIVATE P.E. 75.10' 5' PRIVATE P.E.
5' PRIVATE P.E.
5' PRIVATE P.E.
5' PRIVATE P.E.
5' PRIVATE P.E.
5' PRIVATE P.E.
5' PRIVATE P.E.
5' PRIVATE P.E.
5' PRIVATE P.E.
5' PRIVATE P.E.
5' PRIVATE P.E.
5' PRIVATE P.E.
4' P.U.E.

N46°14'51"E 15.85'
N46°14'51"E 15.71'
N46°14'51"E 15.59'

10.00' 10.00' 10.00' 10.00' 10.00' 10.00' 10.00'

43.17' 8.11'

6.00'

6.00'

36.90'

36.78'
5' PRIVATE P.E. 5' PRIVATE P.E. 5' PRIVATE P.E. 5' PRIVATE P.E. 5' PRIVATE P.E. 5' PRIVATE P.E.

84.31'
5' P.U.E. 5' P.U.E. 5' P.U.E.
4' P.U.E.
5' P.U.E.
4' P.U.E. 4' P.U.E.
5' P.U.E. 5' P.U.E. 5' P.U.E.
10' 10' 10' 10' 10' 10'
L=40.46'
L=38.96'
L=3.65'
Δ=01°30'57"
L=5.01'
R=25'
R=25'
C1.....R=1604.50' Δ=03°38'10" L=101.82'

90.50' 24.00'
R=1500'(1)(3)(4)
L=1305.86'(1)(3)(4)
Δ=49°25'48"(1)(3)(4) L=133.18'
Δ=05°05'14"
(TAGGED L.S. 6815 PER (1)
FOUND 3/4" I.P., NO TAG PER (4) Δ=04°46'35" L=127.05'
Δ=12°43'13"
L=338.35'
Δ=05°27'08"
L=153.63'
Δ=05°05'14" L=143.35' Δ=02°14'12" L=63.02'
Δ=03°15'18"
ΔL=91.72' =11°41'41"
L=329.53'

10.00'

4.033 ACRES

11.5' 11.5'

11.5' 11.5'

11.5' 11.5'

15.5'

32.5' 15.5'
L=1172.67'
Δ=44°47'34"
6' P.U.E.
15' P.E.

N48°50'23"W(R) 114.50'

12.5' P.U.E. PER 317 B.M. 7
6' P.U.E. 15' P.E.

SEE DETAIL "A" ~ THIS SHEET
5' P.U.E.
5' 5' N46°14'51"E

12.25'
N43°45'09"W

5.33'
5' P.U.E.

N.T.S
5' P.U.E.
5' 5' N46°14'51"E

12.25'
N43°45'09"W

5.33'
5' P.U.E.

N.T.S
SEE DETAIL "B" ~ THIS SHEET SEE DETAIL "C" ~ THIS SHEET SEE DETAIL "D" ~ THIS SHEET
5' P.U.E.
5' 5' N46°14'51"E

12.25'
N43°45'09"W

5.33'
5' P.U.E.

N.T.S
5' P.U.E.
5' 5' N46°14'51"E

12.25'
N43°45'09"W

5.33'
5' P.U.E.

N.T.S
Δ=01°23'28"
Δ=08°21'33"
Δ=11°28'14"
3343 S.F.
4034 S.F.
3343 S.F.
3343 S.F.

GRAPHIC SCALE
1 in = 50 ft
0'25'50' 50' 100'

CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA JULY 2023 SCALE: 1"=50'
MORTON & PITALO, INC.

SHEET 4 OF 4 SHEETS
NOTES

1. SEE SHEET 2 FOR NOTES, LEGEND, AND BASIS OF BEARINGS.

FINAL MAP OF

STONE CREEK - RESIDENTIAL
SUBDIVISION NO. FM-2021-003-01
LOT 6 AS SHOWN ON SUBDIVISION NO. FM-2021-003-00
ENTITLED "STONE CREEK VILLAGE"
FILED JANUARY 4, 2022 IN BOOK 435 OF MAPS, PAGE 3,

SACRAMENTO COUNTY RECORDS
ITEM 16.5. ATTACHMENT 3

N
A
100 200 300
■■■■===11■■■ Feet
APO
RESI
ITEM 16.5. ATTACHMENT 4Page 86 of 981
City Council Staff Report – Page 1 of 14

MEMORANDUM
ITEM 17.1.

DATE: July 17, 2023
TO: City Council
FROM: Darcy Goulart, Planning Manager
SUBJECT: AN ORDINANCE AMENDING TITLE 23 ZONING CODE, ARTICLE 9 SPECIFIC USE PROVISIONS, CHAPTER 23.907 UTILITY, TRANSPORTATION AND COMMUNICATION USES; ARTICLE 10 SPECIFIC PLANS AND SPECIAL PLANNING AREAS, CHAPTER 23.1000 SPECIFIC PURPOSE ZONES AND ARTICLE 11 DEFINITIONS, CHAPTER 23.1104 GENERAL DEFINITIONS;

AND A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR

JUNIPER CREEK ENERGY STORAGE (MITIGATED NEGATIVE
DECLARATION PREPARED PURSUANT TO ARTICLE 6 OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT) – PROJECT NO. PLND0422-0034 – LOCATED AT ON THE SOUTHEAST CORNER OF CANYONLANDS DRIVE AND POOPENAUT COURT; APN: 067-0780-011 PROPERTY OWNER:

Sunridge Park LLC
2410 Fair Oaks Boulevard, Unit 110
Sacramento, CA 95825
APPLICANT:

Sunridge Energy, LLC
125 E. John Carpenter Freeway, Suite 525
Irving, TX 75062
PROJECT: Juniper Creek Energy Storage
FILE: PLND-0422-0034
LOCATION: Southeast corner of Canyonlands Dr. and Poopenaut Ct.

APN: 067-0780-011
PLANNER: Darcy Goulart, Planning Manager

RECOMMENDATION
The Planning Commission recommends that the City Council:

1. Find the Initial Study-Mitigated Negative Declaration with mitigation measures that was prepared and circulated pursuant to the California Environmental Quality Act (CEQA) for the project is adequate;

2. Waive the first reading and introduce the Ordinance;

3. Adopt a Resolution for the Juniper Creek Energy Storage Conditional Use Permit.

RESULT OF RECOMMENDED ACTION
The result of the recommendation would require a second reading of the Ordinance and approval of the conditional use permit for the Juniper Creek Energy Storage project.

City Council Staff Report - Page 2 of 14
JUNE 28, 2023 PLANNING COMMISSION MEETING
The Planning Commission conducted a public hearing at their regularly scheduled meeting on June 28, 2023. During the meeting, the applicant was asked various questions regarding operational and safety measures related to a Battery Energy Storage System (BESS) facility.

Two public comments were made at the meeting and three public comment letters were emailed into the Planning Commission Clerk prior to the meeting. The Planning Commission discussed the incorporation of art into the facility such as a mural painted on one of the walls and a condition of approval was added to address the inclusion of art into the project. The Planning Commission passed a motion recommending the City Council find the environmental document prepared for the project to be adequate and to approve the requested entitlements. The motion passed on a 6-0 vote.

BACKGROUND
The Project site is located at the southwest corner of the intersection of Poopenaut Court and Canyonlands Drive, north of the existing SMUD Cordova Substation. The site encompasses approximately six acres of vacant, undeveloped land designated as Commercial and Offices in the City’s General Plan, Commercial Mixed-Use (CMU) in the Sunridge Specific Plan (SRSP), and zoned Limited Commercial (LC). The Project is surrounded on the north and west residential and open space uses, including the Sunridge Park Village Residential Community and Sunridge Park.

Undeveloped vacant land borders the site to the east, which is designated as a preserve. The existing SMUD Cordova Substation is located south of the Project site.

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Figure 1: Project Location

PROJECT DESCRIPTION
Sunridge Energy, LLC is proposing a Zoning Text Amendment to require a Conditional Use Permit for battery energy storage systems in the Limited Commercial (LC) zone within the Sunridge Specific Plan and a Conditional Use Permit to operate a 200-megawatt battery energy storage system project. The project’s batteries will be installed in racks, inverters, medium-voltage (MV) transformers, a collector substation, and other associated equipment to interconnect with the existing and adjacent Sacramento Municipal Utility District (SMUD) Cordova Substation. The project will be operated remotely with no permanent on-site operations and maintenance personnel, and no occupied buildings or habitable structures. It is anticipated that two to four staff members would visit the site weekly or on as needed basis for maintenance and monitoring. The project site will be fully enclosed and will not be open to the public.

Zoning Text Amendment
The project site has an existing designation of Sunridge Specific Plan Limited Commercial (LC).

The Sunridge Specific Plan was adopted by the Sacramento County Board of Supervisors in 2002, prior to incorporation. Due to a Supreme Court Ruling in 2007, the specific plan was rescinded by the City Council in September 2008. While a Revised Final Impact Report was certified by the City Council in 2011, the specific plan was not reapproved and development

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regulations default to Title 23, Zoning Code. However, the zoning still references the specific plan, which is why the term is referenced in this staff report.

A Zoning Text Amendment is required in order to permit the operation of a Battery Energy Storage System (BESS) facility. Proposed amendments are outlined in Attachment 4 of this staff report and are shown in a track change format. The amendments incorporate the BESS facilities into Chapter 23.907 of the Zoning Code. This section deals with development standards and regulations for utility, transportation and communication uses. A definition of what a BESS facility is has also been incorporated into Chapter 23.1104 General Definitions. Chapter 23.1000 Special Purpose Zones is being amended to reflect the requirement for the Conditional Use Permit for a BESS facility in the Sunridge Specific Plan Limited Commercial zoning district. This does not apply to any other LC zoned parcels that may lie within other areas of the City. It is specific to parcel that have this zoning designation.

Conditional Use Permit
The proposed project will include enclosures that will house modular battery units. These enclosures are generally 50 ft. long by 10 ft. wide by 15 ft. tall but can vary depending on the manufacturer used. Batteries will be housed in containers or purpose-built enclosures. The project will be unstaffed, with remote operational control and periodic inspections and maintenance performed as necessary. These types of facilities can:
• Help provide back-up power during emergencies like blackouts from storms, equipment failures, or accidents. BESS strengthen grid resilience and can even reduce power outages.
• Lower costs for consumers by storing energy when the price of electricity is low and discharging that energy back onto the grid during peak demand. • Balance power supply and demand instantaneously, which makes the electrical grid more resilient, efficient, and cleaner than ever before.

Each individual module is monitored and controlled to ensure safe and efficient operations, and every enclosure will be equipped with integrated operational management systems, fire, and safety systems, such as heating, ventilation, and air conditioning (HVAC) systems, ventilation, gas, heat, and smoke detection and alarms, and fire suppression system. The systems will be designed, constructed, and operated pursuant to the 2022 California Fire Code. The fire protection system for the facility is discussed in greater detail in a section below.

The site includes one gated access point off of Canyonlands Drive near the northeast corner of the site. The site can also be accessed near the southwest corner of the property off of an existing private drive, also known as Poopenaut Court. This will also be a secured, gated entrance. This private drive currently serves the existing SMUD substation to the south of the project site. The layout includes two onsite stormwater retention basins, an internal 20 ft. wide access road, various enclosures that will house the modular battery units and a substation. The enclosures adhere to the minimum 25 foot setback from the property lines adjacent to Canyonlands Drive and Poopenaut Court. A 12-foot wall will be installed along the boundary lines adjacent to these roadways for screening purposes.

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Figure 2: Overall Project Layout
The proposed landscaping that is proposed adjacent to the screen wall is a mixture of trees and vertical evergreen shrubs. At least 25% of the trees proposed to be planted must be a minimum 24-inch box size. Per the landscape plan, all trees at installation will be 24-inch box size. The trees vary in height at maturity between 20 ft. and up to 35 ft. depending on the species. The evergreen shrubs can reach a height of 10 ft. at maturity and 6 ft. wide. The remaining shrubs to be planted around the site can have varying heights from 4 ft. up to 8 ft. This combination of landscaping trees and shrubs will soften the look of the screen wall. The preliminary landscape plan is shown in Figure 3 below.

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Figure 3 - Landscape Plan
The Applicant had a Visual Impact Assessment prepared for the project which was utilized as part of the preparation of the environmental document for the project. Various renderings depicting how the facility will be screened from view have been provided as part of the project submittal. As show in Figure 4, the BESS enclosures look similar to a shipping container. They are 50 feet long by 10 feet wide and 15 feet tall. This may vary depending on the battery, enclosure and BESS system manufacturer selected for the project, but the dimensions would not get larger than what is stated above. Figures 5 through 8, depict the existing and proposed view of the site from three observation points. Figure 5 indicates where the observation points are located in the immediate area. As can be seen from these renderings, the existing view includes vacant land, as well as various equipment, poles, power lines, etc. from the overhead transmission lines and the adjacent SMUD substation. With the installation of a 12-foot wall and dense landscaping, the BESS facility itself is not visible from these observation points. The proposed project helps to soften the view of some of the existing electrical poles and facilities in the area. While depicted on the plan to only include the 12-foot wall on the western boundary, the project has been conditioned to continue the wall along the northern boundary to view any visibility from Canyonlands.

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Figure 4 - Battery Storage Units

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Figure 5 - Key Observation Points

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Figure 6 - Observation Point 1 (Existing and Proposed)

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Figure 7 - Observation Point 2 (Existing and Proposed)

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Figure 8 - Observation Point 3 (Existing and Proposed)

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FIRE PROTECTION SYSTEM
The proposed project will use battery storage systems that are National Fire Protection Association code compliant and UL certified and that include built-in failsafe and cooling systems designed to prevent thermal runaway and the spread of fire.

Under normal operations, BESS facilities do not contain, store, or generate hazardous materials in quantities that would represent a risk to off-site receptors. In addition, the project’s preventative measures and fire and safety systems, as described below, make an accident condition very rare.

All stationary battery storage facilities in California are required to comply with Chapter 12 (Energy Systems) and particularly Section 1206 (Electrical Energy Storage Systems) of the California Fire Code, which has adopted internationally and federally accepted National Fire Protection Association (NFPA) 855 standards for the design, construction, installation, commissioning, operation and maintenance of stationary energy storage systems. In addition to compliance with the 2022 California Fire Code, the project will also comply with all other local, state, and federal safety standards and regulations, including those of the Sacramento County Fire Department.

Pursuant to the 2022 California Fire Code, all battery manufacturers must prove that a failed battery cell inside an enclosure will not cause a fire outside the system. The project must meet the industry standards for adequate separations, cascading protections, and suppression systems to limit failure to a single battery cell. All BESS must use an Energy Management System for 24/7 monitoring, management, and balancing of cell voltages, currents, and temperatures in order to ensure every cell remains within its safe operating parameters. The system must transmit an alarm signal if potentially hazardous temperatures or other conditions such as short circuits, over voltage or under voltage, are detected. This system is capable of controlling and isolating individual cells from the rest of the system both remotely and manually.

The project will utilize pre-engineered battery storage systems equipped with integrated operational management systems, fire, and safety systems, such as HVAC, ventilation, gas, heat and smoke detection and alarms, and fire extinguishing and suppression systems. The 2022 California Fire Code contains safety standards for the system’s construction (e.g., frame and enclosure, including mounting, supporting materials, barriers and more); the insulation, wiring, switches, transformers, spacing and grounding; safety standards for performance, such as tests for temperature, volatility, impact, overload of switches, and an impact drop test; and standards for manufacturing, ratings, markings, and instruction manuals. In addition to the many individual standards referenced, a Failure Mode and Effects Analysis (FMEA) must be performed for each system and requires a test to ensure safe compatibility of the system’s parts.

NEIGHBORHOOD MEETING
As part of the project review, Staff required that the Applicant conduct a community meeting with property owners and tenants within the area. The radius for the mailing included all properties within 500 feet of the project boundary, as well as homes and property owners within a radius greater than the minimum required 500’, to ensure that homes that may be affected, received notification of the meeting. A copy of the radius map depicting all the properties that received a notice is below.

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The first community meeting was held on Tuesday, June 14, 2022, in person at City Hall from 5:30PM to 7:00PM. Approximately two people attended the meeting. The Applicant displayed posterboards of the various project graphics showing what the proposed project would look like.

The format allowed attendees to walk round and view the graphics, while asking questions about the project. The Applicant team was able to sufficiently answer any questions that arose and no further concerns were received.

A second community meeting was held on Monday, April 10, 2023, in person at City Hall from 5:30PM to 7:00PM. This meeting was requested by staff after the circulation of the Initial Study/Mitigated Negative Declaration to address any issues that were raised in comments letters received on the environmental document. The same radius mailing list that was used for the first meeting was used for the second meeting. Approximately three people attended the meeting. The Applicant team was able to sufficiently answer any questions that arose, and no further concerns were received.

Figure 9: Community Meeting Notification Radius Map

FISCAL IMPACT
Staff anticipates that the project will have no impact to the City’s General Fund.

PUBLIC NOTIFICATION PROCESS
There were various opportunities throughout the processing of the application where the public was notified of the project. The Applicant held two community meetings during the application process. The City sent out a Notice of Intent when the Mitigated Negative Declaration was released for the 30-day public comment period. A Public Hearing Notice was mailed out regarding the June 28, 2023, Planning Commission meeting, as well as the City Council meeting of July 17, 2023. The radius list notification that was discussed above in the

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neighborhood meeting section was used for all notices that were sent out by the Applicant and the City. This notification list included over 1,500 notices and is beyond the minimum requirement of 500 feet from the project boundary, as required by Section 23.11.120 B.4. of the Rancho Cordova Municipal Code.

ENVIRONMENTAL
In accordance with the California Environmental Quality Act (CEQA) (Public Resource Code Section 2100 et. seq.) and the State CEQA Guidelines (California Code of Regulations Section 15000 et. Seq.), a Draft Initial Study/Mitigated Negative Declaration (IS/MND) was prepared and circulated for the required 30-day review period, from February 3, 2023, and ending March 6, 2023. Areas identified in the Draft IS/MND that required mitigation measures to avoid significant effects on the environment were Geology and Soils and Mandatory Findings of Significance. A mitigation measure has been placed upon the project to ensure that the appropriate measures are taken in the event that any archaeological resources are exposed during construction. While none of these features were identified on the site or are known to be on the site, the mitigation measure provides extra assurance that all appropriate measures will be taken if any are discovered.

During the public review period, eight comment letters and/or emails on the Draft IS/MND were received from outside agencies and interested parties. As a result of comments received on the Draft IS/MND, minor revisions were made to the Draft IS/MND, however there were no substantial revisions that would require recirculation of the document. The revisions proposed in the Final MND do not meet the criteria for recirculation provided in Section 15073.5(c) of the CEQA Guidelines, nor were project revisions required based upon the comments received.

RECOMMENDED MOTIONS
The Planning Commission recommends that the City Council:

1. Find the Initial Study-Mitigated Negative Declaration with mitigation measures that was prepared and circulated pursuant to the California Environmental Quality Act (CEQA) for the project is adequate;

2. Waive the first reading and introduce the Ordinance;

3. Adopt a Resolution for the Juniper Creek Energy Storage Conditional Use Permit.

ATTACHMENT(S)

1. Final Mitigated Negative Declaration

2. MND Response to Comments

3. Ordinance

4. Exhibit A to the Ordinance

5. Resolution

6. Exhibit A to the Resolution - Project Plans

7. Exhibit B to the Resolution - Conditions of Approval

8. Exhibit C to the Resolution - Mitigation Monitoring and Reporting Plan

9. Track Changes – Zoning Text Amendment

10. Visual Impact Analysis

Initial Study/Mitigated Negative Declaration
Juniper Creek Energy
Storage Project
MAY 2023
Prepared for:

VESPER ENERGY
125 E John Carpenter Fwy, Suite 525
Irving, Texas 75062
Contact: Parker Hills
Prepared by:
1102 R Street
Sacramento, California 95811
Contact: Keith Carwana
ITEM 17.1. ATTACHMENT 1

Printed on 30% post-consumer recycled material.

ITEM 17.1. ATTACHMENT 1

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Table of Contents

SECTION PAGE
Acronyms and Abbreviations............................................................................................................................................ iii 1 Introduction ..........................................................................................................................................................1

1.1 Project Overview.....................................................................................................................................1

1.2 California Environmental Quality Act Compliance ................................................................................2

1.3 Project Planning Setting.........................................................................................................................2

1.4 Public Review Process ...........................................................................................................................2 2 Project Description...............................................................................................................................................5

2.1 Project Location......................................................................................................................................5

2.2 Environmental Setting............................................................................................................................5

2.3 Project Characteristics ...........................................................................................................................5

2.4 Project Construction and Phasing .........................................................................................................9

2.5 Project Approvals................................................................................................................................. 10 3 Initial Study Checklist........................................................................................................................................ 11

3.1 Aesthetics ............................................................................................................................................ 15

3.2 Agriculture and Forestry Resources ................................................................................................... 17

3.3 Air Quality ............................................................................................................................................. 19

3.4 Biological Resources ........................................................................................................................... 26

3.5 Cultural Resources .............................................................................................................................. 29

3.6 Energy .................................................................................................................................................. 33

3.7 Geology and Soils ................................................................................................................................ 34

3.8 Greenhouse Gas Emissions................................................................................................................ 38

3.9 Hazards and Hazardous Materials ..................................................................................................... 41

3.10 Hydrology and Water Quality............................................................................................................... 45

3.11 Land Use and Planning ....................................................................................................................... 48

3.12 Mineral Resources .............................................................................................................................. 49

3.13 Noise .................................................................................................................................................... 50

3.14 Population and Housing...................................................................................................................... 53

3.15 Public Services .................................................................................................................................... 54

3.16 Recreation............................................................................................................................................ 55

3.17 Transportation ..................................................................................................................................... 56

3.18 Tribal Cultural Resources.................................................................................................................... 58

3.19 Utilities and Service Systems.............................................................................................................. 59

3.20 Wildfire ................................................................................................................................................. 61

3.21 Mandatory Findings of Significance ................................................................................................... 64 ITEM 17.1. ATTACHMENT 1

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4 References and Preparers................................................................................................................................ 66

4.1 References Cited................................................................................................................................. 67

4.2 List of Preparers .................................................................................................................................. 68

APPENDICES
A Air Quality and Greenhouse Gas Emissions Study
B Biological Resources Assessment
C Cultural Resources Letter Report
D Geotechnical Site Rating
E Phase I Environmental Site Assessment
F Noise and Vibration Assessment Letter Report

FIGURE(S)
Figure 1 Project Location................................................................................................................................... 69 Figure 2 Project Site........................................................................................................................................... 71 Figure 3 Preliminary Site Plan ........................................................................................................................... 73 Figure 4 South Sacramento Habitat Conservation Plan (SSHCP) – Modeled Land Covers .......................... 75

TABLE(S)
Table 2-1. Construction Phasing and Equipment ...........................................................................................................9 Table 3.3-1. Estimated Maximum Daily Construction Criteria Air Pollutant Emissions.............................................. 20 Table 3.3-2. Estimated Maximum Daily Operational Criteria Air Pollutant Emissions ............................................... 21 Table 3.3-3. Health Risk Assessment Results .............................................................................................................. 23 Table 3.3-4. Health Effects from the Proposed Project................................................................................................ 24 Table 3.8-1. Estimated Annual Construction GHG Emissions ..................................................................................... 38 Table 3.8-2. Estimated Annual Operation GHG Emissions .......................................................................................... 39 Table 3.13-1. Construction Equipment Noise Emission Levels................................................................................... 51 ITEM 17.1. ATTACHMENT 1

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Acronyms and Abbreviations
Acronym/Abbreviation Definition
BESS Battery Energy Storage System
BMP Best Management Practice
CBC California Building Code
CCR California Code of Regulations
CEQA California Environmental Quality Act
CESA California Endangered Species Act
CFC California Fir Code
CMU Commercial Mixed-Use
DOC California Department of Conservation
EIR Environmental Impact Report
ESA Environmental Assessment Report
FEMA Federal Emergency Management Agency
FESA Federal Endangered Species Act
GHG Greenhouse Gas
HMP Hazard Mitigation Plan
LC Limited Commercial
LRA Local Responsibility Area
MBTA Migratory Bird Treaty Act
MRZ Mineral Resource Zone
MW megawatt
MWh megawatt-hour
NAHC Native American Heritage Commission
RCPD Rancho Cordova Police Department
RWQCB Regional Water Quality Control Board
SACOG Sacramento Area Council of Government
SMAQMD Sacramento Air Quality Management District
SMUD Sacramento Municipal Utility District
SRSP Sunridge Specific Plan
SSHCP South Sacramento Habitat Conservation Plan
SVAB Sacramento Valley Air Basin
SWPPP Stormwater Pollution Prevention Plan
TCR tribal cultural resource
USCB United States Census Bureau
VHFHSZ Very High Fire Hazard Severity Zones
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1 Introduction

1.1 Project Overview
The Juniper Creek Energy Storage Project (Project) is a 200-megawatt (MW) Battery Energy Storage System (BESS) project located in the City of Rancho Cordova (City), California, being developed by Vesper Energy, LLC. The Project’s batteries will be installed in racks, inverters, medium-voltage (MV) transformers, a collector substation, and other associated equipment to interconnect with the existing and adjacent Sacramento Municipal Utility District (SMUD) Cordova Substation.

The Project will be operated remotely with no permanent on-site operations and maintenance personnel, and no occupied buildings or habitable structures. It is anticipated that two to four staff members would visit the site weekly or on as needed basis for maintenance and monitoring. The Project site will be fully enclosed and will not be open to the public.

The Project site is located at the southwest corner of the intersection of Poopenaut Court and Canyonlands Drive, north of the existing SMUD Cordova Substation. The Project site encompasses approximately six acres of vacant, undeveloped land designated as Commercial and Offices in the City’s General Plan, Commercial Mixed-Use (CMU) in the Sunridge Specific Plan (SRSP), and zoned Limited Commercial (LC). The Project is surrounded on the north and west residential and open space uses, including the Sunridge Park Village Residential Community and Sunridge Park. Undeveloped vacant land borders the Project site to the east. The existing SMUD Cordova Substation is located south of the Project site.

The Project will operate by directly connecting to the local electrical grid, and release energy produced during low demand times during higher demand times. Battery storage is not needed to store energy from conventional fuel sources such as natural gas because natural gas is a combustible fuel that can produce energy on demand without requiring another form of storage. Therefore, battery storage is used to facilitate integration of renewable energy sources into the electrical grid.

The Project will provide essential regional and local grid reliability, help to meet California’s zero carbon future (California Executive Order B-55-18) by complimenting renewable energy generation, and help to reduce the likelihood of local outages. Recent heat waves and fires in the State of California have exposed the State’s shortage of resilient and reliable energy services. The State has identified a need of an additional 7,000 MW of energy services through a combination of renewable energy generation and energy storage by 2025. Battery storage is requisite to meeting the State’s energy needs by providing an economic, clean, and “green” replacement to gasfired power plants that that generally run when there is a high demand for electricity.

In addition, battery storage provides essential grid resiliency for the local network. The Project will help to reinforce the local electrical grid, preventing potential power outages related to wild-fire and high wind that would impact the City of Rancho Cordova and the surrounding region. With the rising cost of electricity, battery storage will help to offset cost increases by storing energy when demands are low and delivering energy to the grid when demand and prices are high.

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1.2 California Environmental Quality Act Compliance
Approval by the City of Rancho Cordova to award a construction contract to build the Project constitutes a discretionary action that triggers environmental review requirements pursuant to the California Environmental Quality Act (CEQA), with the City serving as lead agency under CEQA. The City prepared a CEQA Initial Study (IS) to analyze and consider the environmental impacts of implementing the project, which is presented herein. Based on the results of the IS, the City has made the determination that a Mitigated Negative Declaration (MND) is the appropriate environmental document for compliance with CEQA (California Public Resources Code, Section 21000 et seq.). As stated in CEQA Section 21064, an MND may be prepared for a project subject to CEQA when an IS has identified no potentially significant effects on the environment when mitigation is identified that can reduce impacts to less than significant levels.

This Initial Study/Mitigated Negative Declaration has been prepared by the City of Rancho Cordova as lead agency in conformance with Section 15070(a) of the CEQA Guidelines (14 CCR 15000 et seq.). The purpose of this Initial Study is to disclose to the public and project decision-makers any potentially significant impacts associated with the Project, and to identify mitigation measures that will be incorporated into the project design, as necessary, to reduce or eliminate potentially significant impacts of the Project.

1.3 Project Planning Setting
The City of Rancho Cordova (City) is located in the eastern portion of Sacramento County (County) Major transportation routes through the City include U.S. Route 50 and Interstate (I-) 16. The Project is adjacent to existing residential and open space land uses, as well as the SMUD Cordova Substation to the south of the site. The Project is located within Township 8N, Range 7E, Sections 9, 10, 15, 16, of the Buffalo Creek 7/5-Minute quadrangle.

1.4 Public Review Process
In accordance with CEQA, a good faith effort has been made during the preparation of this IS/MND to contact affected agencies, organizations, and persons who may have an interest in this project.

In reviewing the MND, affected public agencies and the interested public should focus on the sufficiency of the document in identifying and analyzing the project’s possible impacts on the environment. A copy of the draft IS/MND and related documents are available for review at the City of Rancho Cordova City Hall (see following address) between the hours 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 8:00 a.m. and 5:00 p.m. on Friday. The document is also available on the City’s website
(https://www.cityofranchocordova.org/departments/community-development/planning/planning-divisiondocument-library).

City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, California 95670
Comments on the IS/MND may be made in writing before the end of the public review period. A 30-day review and comment period from February 3, 2023, to March 6, 2023 has been established in accordance with Section ITEM 17.1. ATTACHMENT 1

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15072(a) of the CEQA Guidelines. Following the close of the public comment period, the City will consider this IS/MND and comments thereto in determining whether to approve the proposed project.

Written comments on the IS/MND should be sent to the following address by 5:00 p.m., March 6, 2023.

City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, California 95670
Contact: Darcy Goulart
Telephone: (916) 851-8784
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2 Project Description

2.1 Project Location
The Project consists of a single parcel, APN 067-0780-011-0000, which includes approximately six acres within the incorporated city of Rancho Cordova, California (Figure 1, Project Location).

The Project site is currently undeveloped and is located near the Sunridge Park Village residential community and the SMUD Cordova Substation. The remainder of the surrounding area to the northeast, east, and southeast is vacant undeveloped land (Figure 2, Project Site).

Existing overhead high-voltage transmission lines connecting to the SMUD Cordova Substation are located to the north and northeast of the Project site. Canyonlands Drive, a two-lane paved road that provides access to the SMUD Cordova Substation is located north and northeast of the Project site.

2.2 Environmental Setting
The Project site is located on a single parcel within the Sunridge Specific Plan, which was completed in July 2002 and encompasses 2,606 acres. APN 067-0780-011 is designated as Limited Commercial within the Sunridge Specific Plan.

The Sunridge Specific Plan was adopted by Sacramento County prior to City of Rancho Cordova incorporation in July 2003. The Specific Plan references the Sacramento County Zoning Code. Per conversations with City staff, a zone text amendment is being requested to allow for battery energy storage facilities within the Limited Commercial zoning designation. The proposed zone text amendment is anticipated to update section 23.907.030 “Utility facilities and infrastructure” and related sections of the City’s Municipal Code to allow for the installation, operation, and decommissioning of energy storage systems. Upon approval of the proposed zone text amendment, the Limited Commercial zoning designation would include Battery Energy Storage Systems facilities.

2.3 Project Characteristics
The Project will house modular battery units within enclosures. Power released or captured by the Project will be transferred to and from the existing SMUD Cordova Substation via a loop-in generation transmission (gen-tie) line.

The project will consist of lithium-ion or lithium iron phosphate (LFP) batteries, which will be installed in racks; inverters; MV transformers; a collector substation; and other associated equipment. The Project will include the following components, which are described in more detail following the bulleted list and shown in Figure 3, Site Plan:
▪ Energy Storage Facility: Energy storage enclosures and appurtenances will be constructed that will provide energy storage capacity and dispatch for the electric grid. ▪ Power Inverters and Transformers: Power inverters to convert between AC and DC will be included, along with transformers that will step up the voltage.
▪ Collector Substation: The Project collector substation will step the electricity from the inverter-transformer up to the kilovolt (kV) level of the transmission system, delivering it into the grid via a generation tie-line.

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▪ Telecommunication Facilities: Telecommunication equipment, including underground and overhead fiber optics, cellular and/or radio communications equipment and supervisory control and data acquisition (SCADA), will be installed.
▪ Site Access and Security: On-site access driveways, perimeter security fencing, and nighttime directional lighting will be provided for the Project.
▪ Gen-Tie Line: A generation tie-line and fiber optic cables will be constructed from the collector substation to a position designated by SMUD within the existing Cordova Substation, located immediately adjacent to the Project site.
▪ Other Site Design Features: The Project will include other design features to ensure safety and efficient as well as compliance with all building, fire, health, and safety regulations, including setbacks, fire-operations access roads, fences/walls, drainage infrastructure, separation between equipment, and other features. ▪ SMUD Facility Upgrades: Improvements to the existing SMUD Cordova Substation.

Battery Energy Storage System Enclosures
Batteries will be housed in containers or purpose-built enclosures. The proposed enclosure will be designed and installed in conformance with the California Fire Code and nationally recognized National Fire Protection Association (NFPA) 855 Standard for the Installation of Stationary Energy Storage Systems, along with all applicable local fire protection requirements. The BESS will be unstaffed, with remote operational control and periodic inspections and maintenance performed as necessary.

Each individual module is monitored and controlled to ensure safe and efficient operations, and every BESS enclosure will be equipped with integrated operational management systems, fire, and safety systems, such as heating, ventilation, and air conditioning (HVAC) systems, ventilation, gas, heat, and smoke detection and alarms, and fire suppression system. In some instances, two enclosures may be stacked to a combined height of approximately 20 feet. The systems will be designed, constructed, and operated pursuant to the 2019 California Fire Code.

A typical BESS enclosure is approximately 50 feet long by 10 feet wide by 15 feet high, however, the number, size, layout, and capabilities of each enclosure will vary depending on the battery, enclosure and BESS system manufacturer selected for the Project.

Batteries and Racks
The lithium-ion or LFP batteries will be housed in racks similar to common computer server racks. The racks are typically made of aluminum, but sometimes may be composed of steel. The lithium-ion or LFP technology is considered one of the safest, best understood, and most efficient methods of energy storage on the market. The proposed facility will use a lithium-ion or LFP technology that has a long lifespan and boasts superior safety and stability characteristics. The battery racks will be designed and installed in accordance with the local seismic design requirements.

Fire Protection System
The proposed Project will use battery storage systems that are NFPA 855 Code compliant and UL certified and that include built-in failsafe and cooling systems designed to prevent thermal runaway and the spread of fire.

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Under normal operations, BESS facilities do not contain, store or generate hazardous materials in quantities that would represent a risk to off-site receptors. In addition, the Project’s preventative measures and fire and safety systems, as described below, make an accident condition very rare. Nevertheless, because lithium-ion or LFP BESS facilities do store energy, a battery thermal runaway can occur if a cell, or area within a cell, reaches elevated temperatures due to thermal failure, mechanical failure or internal/external short circuiting.

All stationary battery storage facilities in California are required to comply with Chapter 12 (Energy Systems) and particularly Section 1206 (Electrical Energy Storage Systems) of the California Fire Code, which has adopted internationally and federally accepted National Fire Protection Association (NFPA) 855 standards for the design, construction, installation, commissioning, operation and maintenance of stationary energy storage systems. In addition to compliance with the 2019 California Fire Code, the Project will also comply with all other local, state, and federal safety standards and regulations, including those of the Sacramento County Fire Department.

Pursuant to the 2019 California Fire Code, all battery manufacturers must prove that a failed battery cell inside and enclosure will not cause a fire outside the system. The Project must meet the industry standards for adequate separations, cascading protections, and suppression systems to limit failure to a single battery cell. All BESS must use an Energy Management System for 24/7 monitoring, management, and balancing of cell voltages, currents and temperatures in order to ensure every cell remains within its safe operating parameters. The system must transmit an alarm signal if potentially hazardous temperatures or other conditions such as short circuits, over voltage or under voltage, are detected. This system is capable of controlling and isolating individual cells from the rest of the system both remotely and manually.

The Project will utilize pre-engineered battery storage systems equipped with integrated operational management systems, fire, and safety systems, such as HVAC, ventilation, gas, heat and smoke detection and alarms, and fire extinguishing and suppression systems. The 2019 California Fire Code contains safety standards for the system’s construction (e.g., frame and enclosure, including mounting, supporting materials, barriers and more); the insulation, wiring, switches, transformers, spacing and grounding; safety standards for performance, such as tests for temperature, volatility, impact, overload of switches, and an impact drop test; and standards for manufacturing, ratings, markings, and instruction manuals. In addition to the many individual standards referenced, a Failure Mode and Effects Analysis (FMEA) must be performed for each system and requires a test to ensure safe compatibility of the system’s parts.

Generation Transmission Line
A loop-in gen-tie line will be constructed that will transfer power to and from the proposed Project and the existing SMUD Cordova Substation.

Outdoor Electrical Equipment
MV transformers and additional electrical equipment will be installed including inverters, which may be installed interior to the BESS enclosures, combined with the MV transformers, or as standalone units, depending on the manufacturer. The collector substation will be located within the Project site. Components will include a main power transformer, control house, and switchgear. Underground wires and cabling will run from the battery cable collection box (inside the enclosure) to the inverter and transformer. From the MV transformer, cabling will be run to the collector substation. All outside electrical equipment will be housed in the appropriate National Electrical Manufacturers Association (NEMA) rated enclosures and screened from view, to the extent possible, on all sides.

All outside electrical cabling on the site will be run underground or in ducting.

ITEM 17.1. ATTACHMENT 1

JUNIPER CREEK ENERGY STORAGE SYSTEM PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 13267.05 8
MAY 2023
Telecommunication Facilities
The Project will also require telecommunication facilities to meet the communication requirements for interconnecting and communicating with the SMUD/CAISO facilities and to support remote project operations monitoring. To provide for communication with SMUD facilities, a fiber-optic cable will be used to connect the Project Collector Substation with the SMUD point of interconnection. Utility interconnection regulations require the installation of a second, separate, redundant fiber-optic cable. The redundant fiber-optic cable will also be installed within the Project footprint. Radio and/or cellular communication may also be utilized for specific site monitoring and maintenance needs.

The SCADA system is critical to the CAISO and SMUD utility interconnection and for the proper operation and maintenance of the project. The SCADA system uses proprietary software; a fiber-optic transmission system; a telephone, radio, and/or microwave communication network; and other means of communication such as radio links and phase loop communication systems. The SCADA system functions as a remote start, stop, reset, and tag out for the facility, thus minimizing the labor and site diagnostic information generated from the panels. The SCADA system will also control the collector substation, allowing for fully centralized operation of the project to meet all CAISO and utility interconnection requirements.

Site Access and Security
Access to the project site is anticipated to be provided via Canyonlands Drive, an existing public two-lane paved roadway and/or Poopenaut Court, an existing private paved roadway.

All fence installation requirements will be evaluated, and the best-fit scenario will be incorporated into the project design based on consultation with the City. Fences or solid walls will be installed around the perimeter of the project site for safety, security, and screening purposes. The fencing or walls will remain in place and maintained in good condition for the life of the Project.

Permanent motion-sensitive, directional security lights will be installed to provide adequate illumination around the collector substation area and points of ingress/egress. All lighting will be shielded and directed downward to minimize the potential for glare or spillover onto adjacent properties. Security cameras will be placed on site and monitored 7 days a week and 24 hours per day.

SMUD Facility Upgrades
SMUD has identified a need for the existing SMUD Cordova Substation to be modified and reconfigured to interconnect the Project and accommodate the Project’s gen-tie line. The improvements will be entirely located within the substation’s developed footprint and are expected to include completion of a bay within the Cordova Substation by adding the third breaker and a disconnect switch. Additional details related to the improvements are provided below:
▪ Installation of a third 230-kV circuit breaker with one disconnect switch ▪ Installation of one 230-kV bus
▪ Installation of one metering unit which includes one 138-kV transformer and one 245-kV transformer ▪ Design, installation, and/or modification of control functions (metering, communication, security, etc.) within the existing control building
ITEM 17.1. ATTACHMENT 1

JUNIPER CREEK ENERGY STORAGE SYSTEM PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 13267.05 9
MAY 2023
Specific upgrades will be finalized through the ongoing interconnection process with SMUD.

The Project also entails modification of the existing SMUD Hedge-Cordova 230kV remedial action scheme (RAS) at the existing Hedge and Cordova substations. Modification of the RAS is limited to digital programming changes for grid protection and relaying. No ground disturbing activities are anticipated at the SMUD Hedge Substation.

2.4 Project Construction and Phasing
Table 2-1 presents the construction phasing and anticipated equipment anticipated to be required to implement the Project, as assumed for purposes of environmental impact analysis. Project construction activities are anticipated to occur over an approximate 12-month period, with construction work hours Monday through Saturday from 7:00 am to 7:00 pm. Any construction work performed outside the normal work schedule will be coordinated with the City of Rancho Cordova in accordance with Chapter 6.68 Noise Control of the City’s municipal code. For safety and security purposes, the entire Project site (staging and grading areas) would be surrounded by a chainlink fence for the entire duration of Project construction.

Table 2-1. Construction Phasing and Equipment
Construction
Phase
One-Way Vehicle Trips Equipment
Average
Daily
Worker
Trips
Average
Daily
Vendor
Truck
Trips
Total
Haul
Truck
Trips Equipment Type Quantity
Usage
Hours
Site preparation 20 2 0 Graders 1 10
Rubber Tired
Loaders 1 10
Skid Steer
Loaders 2 10
Tractors/Loaders/
Backhoes 2 10
Grading 20 4 988 Graders 2 10
Plate Compactors 2 10
Rollers 2 10
Rubber Tired
Loaders 2 10
Skid Steer
Loaders 2 10
Tractors/Loaders/
Backhoes 2 10
Substation
installation/Cordova
Substation
improvements
20 20 0 Aerial Lifts 2 10
Air Compressors 1 10
Bore/Drill Rigs 1 10
Cranes 1 10
Excavators 1 10
Generator Sets 1 10
Rollers 1 10
ITEM 17.1. ATTACHMENT 1

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Table 2-1. Construction Phasing and Equipment
Construction
Phase
One-Way Vehicle Trips Equipment
Average
Daily
Worker
Trips
Average
Daily
Vendor
Truck
Trips
Total
Haul
Truck
Trips Equipment Type Quantity
Usage
Hours
Rough Terrain
Forklifts 1 10
Rubber Tired
Dozers 2 10
Skid Steer
Loaders 1 10
Tractors/Loaders/
Backhoes 1 10
Trenchers 2 10
Battery/Container
installation
20 20 4 Air Compressors 2 10
Cranes 1 10
Excavators 1 10
Generator Sets 1 10
Plate Compactors 1 10
Rollers 1 10
Rough Terrain
Forklifts 1 10
Skid Steer
Loaders 1 10
Tractors/Loaders/
Backhoes 1 10
Trenchers 1 10

2.5 Project Approvals
The following approvals are required by the City of Rancho Cordova:
▪ Adoption of this IS/MND
▪ Issuance of a grading permit
▪ Approval of Zone Text Amendment
▪ Approval of a Conditional Use Permit
Permits and approvals by other public agencies include:
▪ State Water Resources Control Board - Stormwater Pollution Prevention Plan ITEM 17.1. ATTACHMENT 1

13267.05 11
MAY 2023
3 Initial Study Checklist

1. Project title:

Juniper Creek Energy Storage System Project

2. Lead agency name and address:

City of Rancho Cordova, Planning Department
2729 Prospect Park Drive
Rancho Cordova, CA 95670

3. Contact person and phone number:

Keith Carwana, Dudek
1102 R Street
Sacramento, CA 94612

4. Project location:

The Project site is located at the southeast corner of the intersection of Canyonlands Drive and Poopenaut Court. The Project site encompasses six acres of vacant undeveloped land.

5. Project sponsor’s name and address:

Sunridge Energy, LLC
125 E John Carpenter Fwy, Suite 525
Irving, Texas 75062

6. General plan designation:

General Plan: Commercial and Offices
Sunridge Specific Plan: Commercial Mixed-Use (CMU)

7. Zoning:

Limited Commercial/Sunridge Specific Plan (LC)

8. Description of project. (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary):

The Project would include the construction of an approximately 200-megawatt Battery Energy storage System within the City of Rancho Cordova. The proposed Juniper Creek Energy Storage Project (Project) would be composed of lithium-ion or lithium iron phosphate (LFP) batteries installed in racks, inverters, medium-voltage (MV) transformers, a collector substation, and other associated equipment to interconnect ITEM 17.1. ATTACHMENT 1

JUNIPER CREEK ENERGY STORAGE SYSTEM PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 13267.05 12
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with the existing and adjacent Sacramento Municipal Utility District (SMUD) Cordova Substation (point of interconnection). The Project would also entail improvements to the existing Cordova Substation to interconnect the Project and accommodate the Project’s gen-tie line; all Cordova Substation improvements will be located within the substation’s existing developed footprint.

9. Surrounding land uses and setting: Briefly describe the project’s surroundings:

The Project site is surrounded by residential land use to north and west, open space to the north, undeveloped vacant land to the east, and the existing Sacramento Municipal Utility District (SMUD) Cordova Substation to the south.

10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement):

City of Rancho Cordova – Conditional Use Permit
City of Rancho Cordova – Zone Text Amendment

11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.?
A Cultural Resources Report has been prepared and is available for review.

Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” as indicated by the checklist on the following pages.

Aesthetics Agriculture and
Forestry Resources
Air Quality
Biological Resources Cultural Resources Energy
Geology and Soils Greenhouse Gas
Emissions
Hazards and Hazardous
Materials
Hydrology and Water Quality Land Use and
Planning
Mineral Resources
Noise Population and
Housing
Public Services
Recreation Transportation Tribal Cultural Resources
Utilities and Service Systems Wildfire Mandatory Findings of Significance
ITEM 17.1. ATTACHMENT 1

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MAY 2023
Determination (To be completed by the Lead Agency)
On the basis of this initial evaluation:

I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

Signature Date
ITEM 17.1. ATTACHMENT 1

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MAY 2023
Evaluation of Environmental Impacts
A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project would not expose sensitive receptors to pollutants, based on a project-specific screening analysis).

All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.

Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an Environmental Impact Report (EIR) is required. “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level.

Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a. Earlier Analysis Used. Identify and state where they are available for review. b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c. Mitigation Measures. For effects that are “Less Than Significant With Mitigation Measures Incorporated,” describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.

Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.

Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion.

This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s environmental effects in whatever format is selected.

The explanation of each issue should identify:
a. the significance criteria or threshold, if any, used to evaluate each question; and b. the mitigation measure identified, if any, to reduce the impact to less than significance ITEM 17.1. ATTACHMENT 1

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3.1 Aesthetics

Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
I. AESTHETICS – Except as provided in Public Resources Code Section 21099, would the project:
a) Have a substantial adverse effect on a
scenic vista?
b) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?
c) In non-urbanized areas, substantially
degrade the existing visual character or
quality of public views of the site and its
surroundings? (Public views are those that
are experienced from publicly accessible
vantage point). If the project is in an
urbanized area, would the project conflict
with applicable zoning and other regulations
governing scenic quality?
d) Create a new source of substantial light or
glare which would adversely affect day or
nighttime views in the area?
a) Would the project have a substantial adverse effect on a scenic vista? Less-than-Significant Impact. Scenic vistas generally refer to views that are accessible from public vantage points, such as public roadways and parks. The Sunridge Specific Plan does not identify designated scenic resources within the Plan Area. The Project includes the construction of a BESS on six acres of undeveloped vacant land within the LC zoning designation. The Project would require a zone text amendment to allow for the development of the proposed BESS within the LC zoning designation. Upon approval of the requested zone text amendment, the Project would be consistent with the allowed uses within the LC zoning designation.

The Project site is located approximately 173 feet south of Sunridge Park; thus, the Project would be visible to park users. Although Project implementation would result in changes to the visual quality of the Project site, the site is located adjacent to the existing Sacramento Municipal Utility District (SMUD) Cordova Substation. As such, upon completion of construction views of the Project site would be similar to adjacent land uses.

Additionally, the Project would include a 12-foot concrete wall and landscaping along the western boundary of the project site to reduce potential visual impacts. Although the improvements to the existing Cordova Substation (additional circuit breaker and transformer) may be visible, the improvements would be entirely located within the Cordova Substation’s developed footprint and be consistent with existing views.

Therefore, impacts would be less than significant.

ITEM 17.1. ATTACHMENT 1

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In addition, the proposed Project would be consistent with the zone text amendment as the amendment includes BESS as an allowed use within the LC zoning designation upon issuance of a conditional use permit.
b) Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No impact. According to the California State Scenic Highway Mapping System (Caltrans 2022), there are no officially designated or eligible state scenic highways near the Project site. The nearest designated state scenic highway is the State Route (SR-) 160 segment that runs from the Contra Costa county line to south of Interstate (I-) 12, located approximately 37 miles southwest of the Project site (Caltrans 2022). Due to distance and intervening topography and development, the Project site is not visible from this segment of SR-160. Therefore, no impacts associated with scenic resources within a state scenic highway would occur. c) In non-urbanized areas, would the project substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
Less-than-Significant Impact. Per Public Resources Code Section 21071, an “urbanized area” is defined as “(a) An incorporated city that meets either of the following criteria: (1) Has a population of at least 100,000 persons. [or] (2) Has a population of less than 100,000 persons if the population of that city and not more than two contiguous incorporated cities combined equals at least 100,000 persons.” The project site is located in the incorporated City of Rancho Cordova, which has a population of 80,413 persons as of July 2021 (USCB 2021). The City is bound by unincorporated Sacramento County. As such, the Project site is located in a non-urbanized area.

Temporary visible elements associated with the project include construction equipment, staging activities, and temporary fencing to be included for safety and security purposes. Visual impacts resulting from construction activities would be temporary, ceasing upon completion of construction.

As discussed in response to Threshold 3.1(a) above, the Project site is not visible from any prominent public viewpoints as designated by the City. The Project site is currently undeveloped and vacant, and Project implementation would substantially alter existing views of the site. Views from the nearby residences of the Project would be obscured by a 12-foot concrete wall and landscaping, located along the western boundary of the Project site. Additionally, the Project site is located adjacent to the existing SMUD Cordova Substation which the Project would connect to with the proposed generation transmission line. Improvements to the existing Cordova Substation are also a part of the Project but would be entirely located within the Cordova Substation’s developed footprint and be consistent with existing views. Upon completion of construction, the visual character of the Project site would be similar to adjacent land uses. Impacts would be less than significant.
d) Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
Less-than-Significant Impact. The Project would include the installation of motion-sensitive, directional security lighting. All lighting would be shielded, directed, and oriented to prevent light from shining onto ITEM 17.1. ATTACHMENT 1

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MAY 2023
adjacent properties and to minimize nighttime glow and light spillage. Thus, by controlling the use of lighting on the Project site and the use of shielding, light and glare resulting from the Project would not adversely affect daytime or nighttime views in the area, and impacts would be less than significant.

3.2 Agriculture and Forestry Resources

Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
II. AGRICULTURE AND FORESTRY RESOURCES – In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project:
a) Convert Prime Farmland, Unique Farmland,
or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared
pursuant to the Farmland Mapping and
Monitoring Program of the California
Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural
use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code Section 12220(g)),
timberland (as defined by Public Resources
Code Section 4526), or timberland zoned
Timberland Production (as defined by
Government Code Section 51104(g))?
d) Result in the loss of forest land or
conversion of forest land to non-forest use?
e) Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of
Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
a) Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact. Based on farmland maps prepared by the California Department of Conservation, the Project site is not located in an area designated as Prime Farmland, Unique Farmland, or Farmland of Statewide ITEM 17.1. ATTACHMENT 1

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Importance. The Project site is designated as “Grazing” (DOC 2022a). The improvements to the existing Cordova Substation would be entirely located within the Cordova Substation’s developed footprint and therefore, no conversion of farmland would occur. Therefore, no impacts associated with conversion of important Farmland would occur.
b) Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. According to the Williamson Act Map prepared by Sacramento County, the Project site is not located on any lands under an active Williamson Act contract (Sacramento County 2012). Therefore, implementation of the Project would not result in the cancellation of an active contract and no impacts related to a Williamson Act contract would occur. Additionally, the Project site is not zoned for agricultural use. The improvements to the existing Cordova Substation would be entirely located within the Cordova Substation’s developed footprint and therefore, there would be no conflicts with existing zoning for agricultural use, or a Williamson Act contract. Therefore, the Project would not result in impacts to agricultural-zoned areas. No impacts would occur.
c) Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))? No Impact. The Project site is zoned LC. According to the Sacramento County Online Map, the Project site is not located on or adjacent to forest land, timberland, or timberland zoned Timberland Production (Sacramento County 2022). The improvements to the existing Cordova Substation would be entirely located within the Cordova Substation’s developed footprint and therefore, there would be no conflicts with existing zoning for forest land or timberland. Therefore, no impacts associated with forest land or timberland would occur.
d) Would the project result in the loss of forest land or conversion of forest land to non-forest use? No Impact. As discussed in response to Threshold 3.2 (c), the Project site is not located on or adjacent to forest land. As such, project implementation would not result in the loss of forest land or conversion of forest land to non-forest use. No impact would occur.
e) Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?
No Impact. The Project site is zoned LC. As discussed in response to Threshold 3.2 (a) and (d), The Project site is not located on or adjacent to any parcels identified as Important Farmland or forest land. In addition, the Project would not involve changes to the existing environment that would result in the indirect conversion of Important Farmland or forest land located away from the project site. Therefore, no impacts associated with the conversion of Farmland or forest land would occur.

ITEM 17.1. ATTACHMENT 1

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MAY 2023

3.3 Air Quality

Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
III. AIR QUALITY – Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of
the applicable air quality plan?
b) Result in a cumulatively considerable net
increase of any criteria pollutant for which
the project region is non-attainment under
an applicable federal or state ambient air
quality standard?
c) Expose sensitive receptors to substantial
pollutant concentrations?
d) Result in other emissions (such as those
leading to odors) adversely affecting a
substantial number of people?
An Air Quality and Greenhouse Gas Emissions Study was prepared for the Project by Dudek and is included as Appendix A to this Initial Study. This section summarizes the result of the Air Quality and Greenhouse Gas Emissions Study. Full details regarding regulatory setting, methodology, and other information can be found in Appendix A. a) Would the project conflict with or obstruct implementation of the applicable air quality plan? Less-than-Significant Impact. The Project site is located within the Sacramento Metropolitan Air Quality Management District (SMAQMD), within the Sacramento Valley Air Basin (SVAB). The SMAQMD is required to comply with and implement the State Implementation Plan (SIP) to demonstrate when and how the region can attain the federal O3 standards. As such, the SMAQMD, along with the other air districts in the region, prepared the Sacramento Regional 8-Hour Ozone Attainment and Reasonable Further Progress Plan (2017 SIP Revisions).

The Ozone Attainment Plan addresses attainment of the federal 8-hour O3 standard, while the 2015 Triennial Report and Air Quality Plan Revision address attainment of the California 1-hour and 8-hour O3 standards (Appendix A). These are the latest plans adopted by the SMAQMD and they incorporate land use assumptions and travel demand modeling provided by Sacramento Area Council of Governments (SACOG). The purpose of a consistency finding is to determine if a project is inconsistent with the assumptions and objectives of the regional air quality plans, and thus if it would interfere with the region’s ability to comply with federal and state air quality standards. In general, projects are considered consistent with, and would not conflict with or obstruct implementation of the air quality plan if the growth in socioeconomic factors is consistent with the underlying regional plans used to develop the air quality management plan.

The Project includes construction of a BESS and will not have employees. The Project also entails improvements to the existing Cordova Substation which would not introduce additional employees. Therefore, the Project would not generate population growth, housing, or employment that was not accounted for in regional plans such as ITEM 17.1. ATTACHMENT 1

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SACOG’s MTP/SCS, impacts relating to the project’s potential to conflict with or obstruct implementation of the applicable air quality management plan would be less than significant. b) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less-than-Significant Impact. Air pollution is largely a cumulative impact. The nonattainment status of regional pollutants is a result of past and present development, and SMAQMD develops and implements plans for future attainment of ambient air quality standards. Based on these considerations, project-level thresholds of significance for criteria pollutants are relevant in the determination of whether a project’s individual emissions would have a cumulatively significant impact on air quality.

Construction Emissions
Construction activities would result in the temporary addition of pollutants to the local airshed caused by on-site sources (i.e., off-road construction equipment, soil disturbance, and ROG off-gassing) and off-site sources (i.e., onroad vendor trucks, and worker vehicle trips). Construction emissions can vary substantially from day to day, depending on the level of activity, the specific type of operation, and, for particulate matter, the prevailing weather conditions. Therefore, such emission levels can only be approximately estimated.

CalEEMod Version 2020.4.0 was used to estimate emissions from construction of the Project. Internal combustion engines used by construction equipment, trucks, and worker vehicles would result in emissions of ROGs, NOx, CO, PM10, and PM2.5. PM10 and PM2.5 emissions would also be generated by entrained dust, which results from the exposure of earth surfaces to wind from the direct disturbance and movement of soil. As such, the Project would be required to comply with SMAQMD Rule 403 to control dust emissions generated during any dust-generating activities. Standard construction practices that would be employed to reduce fugitive dust emissions include watering of the active dust areas two times per day, with additional watering depending on weather conditions. The CalEEMod default assumptions were used for estimating fugitive dust emissions from grading on site. Table 3.3-1 presents the estimated maximum daily construction emissions generated during construction of the Project.

Table 3.3-1. Estimated Maximum Daily Construction Criteria Air Pollutant Emissions Year
ROG NOx CO SOx PM10 PM2.5
Pounds per Day
2022 3.06 36.73 24.05 0.07 2.54 1.44
2023 5.02 50.08 44.27 0.09 2.73 2.29
Maximum 5.02 50.08 44.27 0.09 2.73 2.29
SMAQMD Threshold N/A 85 N/A N/A 80 82
Threshold Exceeded? No No No No No No
Notes: ROG = reactive organic gases; NOx = oxides of nitrogen; CO = carbon monoxide; SOx = sulfur oxides; PM10 = coarse particulate matter; PM2.5 = fine particulate matter; SMAQMD = Sacramento Metropolitan Air Quality Management District.

Emissions include compliance with SMAQMD Rules 403.

See Appendix A for complete results.

As shown in Table 3.3-2, the Project construction would not exceed SMAQMD’s daily thresholds. Therefore, construction impacts associated with criteria air pollutant emissions would be less than significant.

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Operational Emissions
Emissions from the operational phase of the Project were estimated using CalEEMod. Operational year 2023 was assumed following completion of construction. Table 3.3-2 presents the estimated emissions during operation.

Table 3.3-2. Estimated Maximum Daily Operational Criteria Air Pollutant Emissions Emissions Source
ROG NOx CO SOx PM10 PM2.5
Pounds per Day
Area 1.04 0.00 0.00 0.00 0.00 0.00
Energy 0.00 0.00 0.00 0.00 0.00 0.00
Mobile 0.02 0.02 0.24 0.00 0.07 0.02
Off-road 0.35 3.82 1.83 0.01 0.15 0.15
Total 1.41 3.84 2.07 0.01 0.22 0.17
SMAQMD Threshold 65 65 N/A N/A 80 82
Threshold Exceeded? No No No No No No
Notes: ROG = reactive organic gases; NOx = oxides of nitrogen; CO = carbon monoxide; SOx = sulfur oxides; PM10 = coarse particulate matter; PM2.5 = fine particulate matter; SMAQMD = Sacramento Metropolitan Air Quality Management District.

See Appendix A for complete results. Totals may not sum precisely due to rounding.

As shown in Table 3.3-2, ROG, NOx, PM10, and PM2.5 emissions would be below the SMAQMD threshold of significance. The Project would comply with BMP measures in its final design to reduce operational PM10 and PM2.5 emissions including compliance with Title 24 of the California Code of Regulations. Because the Project would not exceed the SMAQMD thresholds during operation, the Project would result in a less than significant impact.

Health Impacts of Criteria Air Pollutants
Health effects associated with O3 include respiratory symptoms, worsening of lung disease leading to premature death, and damage to lung tissue (CARB 2019). ROG and NOx are precursors to O3, for which the SVAB is designated as nonattainment with respect to the National Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality Standards (CAAQS). Due to the lack of quantitative methods to assess this complex photochemistry, the holistic effect of a single project’s emissions of O3 precursors is speculative. However, because the Project would not exceed the SMAQMD thresholds for ROG or NOx, the Project would not contribute to health effects associated with O3.

Health effects associated with PM10 include premature death and hospitalization, primarily for worsening of respiratory disease (CARB 2019). Construction of the project would not exceed thresholds for PM10 or PM2.5, would not contribute to exceedances of the NAAQS and CAAQS for particulate matter, and would not obstruct the SVAB from coming into attainment for these pollutants. Therefore, the Project is not anticipated to result in health effects associated with PM10 or PM2.5.

Construction and operation of the Project would not result in exceedances of the SMAQMD significance thresholds for criteria pollutants, and potential health effects associated with criteria air pollutants would be less than significant.
c) Would the project expose sensitive receptors to substantial pollutant concentrations? Less-than-Significant Impact.

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CO Hotspots
Traffic-congested roadways and intersections have the potential to generate localized high levels of CO. Localized areas where ambient concentrations exceed federal and/or state standards for CO are termed CO “hotspots.” CO transport is extremely limited and disperses rapidly with distance from the source. Under certain extreme meteorological conditions, however, CO concentrations near a congested roadway or intersection may reach unhealthy levels affecting sensitive receptors. High CO concentrations are mostly associated with severely congested intersections operating at an unacceptable level of service (LOS). Projects contributing to adverse traffic impacts may result in the formation of a CO hotspot. Additional analysis of CO hotspot impacts would be conducted if a project would result in a significant impact or contribute to an adverse traffic impact at a signalized intersection that would potentially subject sensitive receptors to CO hotspots.

Title 40 of the Code of Federal Regulations, Section 93.123(c)(5), Procedures for Determining Localized CO, PM10, and PM2.5 Concentrations (Hot-Spot Analysis), states that “CO, PM10, and PM2.5 hot-spot analyses are not required to consider construction-related activities, which cause temporary increases in emissions. Temporary increases are defined as those which occur only during the construction phase and last five years or less at any individual site” (40 CFR 93.123).

Localized concentrations of CO from exhaust would be a concern on high-volume roadways where vertical and/or horizontal mixing is substantially limited, such as tunnels or below grade highways. There are no high-volume roadways in the Project’s vicinity with limited mixing that would be affected by the project-generated traffic during construction.

Project construction activities would last approximately 12 months and would not require a project-level construction hotspot analysis.

Mobile source impacts occur on two scales of motion. Project-related travel would add to regional trip generation and increase the vehicle miles traveled within the local airshed and the SVAB. Additionally, project-generated traffic would be added to the City’s roadway system near the Project site. If such traffic occurs during periods of poor atmospheric ventilation, is composed of a large number of vehicles cold-started and operating at pollutioninefficient speeds, and is operating on roadways already crowded with non-project traffic, there is a potential for the formation of microscale CO hotspots in the area immediately around points of congested traffic. Because of continued improvement in vehicular emissions at a rate faster than the rate of vehicle growth and/or congestion, the potential for CO hotspots in the SVAB is steadily decreasing.

Therefore, a quantitative CO hotspots analysis is not required. The construction-related traffic is not anticipated to create a CO hotspot as emissions would be dispersed rapidly through the entrainment of ambient air. During operation, the Project is expected to generate vehicle trips for maintenance personnel once a month and therefore no CO hotspots would be created.

As such, impacts to sensitive receptors with regard to potential CO hotspots resulting from the Project’s contribution to cumulative traffic-related air quality impacts would be less than significant.

Toxic Air Contaminants
A toxic substance released into the air is considered a toxic air contaminant (TAC). TACs are generated by a number of sources, including stationary sources, such as dry cleaners, gas stations, combustion sources, and laboratories; mobile sources, such as automobiles; and area sources, such as landfills. Adverse health effects associated with exposure to TACs may include carcinogenic (i.e., cancer-causing) and non-carcinogenic effects. Non-carcinogenic effects typically affect one or more target organ systems and may be experienced on either short-term (acute) or long-term (chronic) exposure to a given TAC.

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TACs associated with Project construction include the emissions of diesel particulate from heavy construction equipment and trucks accessing the site. The Office of Environmental Health Hazard Assessment (OEHHA) has identified carcinogenic and chronic non-carcinogenic effects from long-term exposure, but has not identified health effects due to short-term exposure to diesel exhaust. According to OEHHA, Health Risk Assessments (HRAs) should be based on a 30-year exposure period for the maximally exposed individual resident; however, such assessments should be limited to the period/duration of activities associated with the Project. Thus, the duration of the proposed construction activities would constitute only a small percentage of the total 30-year exposure period. Due to this relatively short period of exposure and minimal particulate emissions on site, TACs generated by the Project would not result in concentrations causing significant health risks. The Project would not result in substantial TAC exposure to sensitive receptors in the vicinity of the Project site, and impacts would be less than significant. Per CARB’s air toxic control measure, heavy-duty diesel vehicles will be limited to idling for 5 minutes while onsite.

Additionally, the health risk public-notification thresholds adopted by the SMAQMD Board is ten excess cancer cases in a million for cancer risk and a hazard index of more than one for non-cancer risk. The Project would not emit TACs during normal operations and toxic contaminants are not anticipated to be present at the Project site. The Project would bring a crane onsite to move containers around once every few years. Accordingly, the Project is not anticipated to result in emissions that would exceed the SMAQMD Board-adopted health risk notification thresholds.

An HRA was performed to assess the impact of a battery cell malfunction, such as a runaway reaction or overcharge event, on sensitive receptors proximate to the Project site. This analysis evaluated the potential impacts of a thermal runaway event where there was an elevated temperature situation due to a runaway reaction with combustion. Although the entire proposed BESS would be composed of many modules, malfunction events are unlikely to occur and, if such an event does occur, it would likely occur only within a single battery cell or a limited number of battery cells.

The analysis conservatively evaluated the thermal runaway event taking place in a single cell and a module. The results of the HRA are shown in Table 3.3-3.

Table 3.3-3. Health Risk Assessment Results
Toxic Air Contaminant
Prioritization Score
Cell Module
Carbon monoxide 3.74E-04 4.72E-01
Hydrogen fluoride 3.72E-05 4.70E-02
Hydrochloric acid 1.56E-05 1.97E-02
Hydrogen cyanide 1.17E-04 1.47E-01
Methanol 2.72E-08 3.43E-05
Styrene 4.41E-09 5.57E-06
Toluene 7.78E-06 9.83E-03
Total 5.51E-04 6.96E-01
Significance Threshold 1.0 1.0
Exceeds Threshold? No No
Source: Appendix A.

As shown in Table 3.3-3, the results of the HRA show that a thermal runaway of a cell or module would be considered a low-priority risk and thus would result in a less than significant impact.

ITEM 17.1. ATTACHMENT 1

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Naturally-Occurring Asbestos
According to the Special Report 192: Relative Likelihood for the Presence of Naturally Occurring Asbestos in Eastern Sacramento County, California, prepared by the Department of Conservation, the Project site is located within an area categorized as least likely to contain naturally-occurring asbestos (NOA) (Sacramento County 2006). The geology in the Project site is known to consist of sedimentary rocks, whose deposits are generally less likely to contain NOA due to the composition and lack of metamorphism. Faults and serpentinite outcroppings are not known to be in the Project area. Consequently, NOA is not anticipated to be present on the Project site.

Criteria Air Pollutants
Small projects with criteria pollutant emissions close to or below SMAQMD’s adopted thresholds of significance may use the Minor Project Health Effect Screening Tool. Considering the Project would result in emissions lower than the SMAQMD’s thresholds of significance, the Project would qualify for use of the Minor Project Health Effects Screening Tool.

As shown in Table 3.3-2, the Project would result in operational emissions below the SMAQMD thresholds of significance and, thus, the health impacts calculated for the Project using in the Minor Project Health Effects Screening Tool are highly conservative. The SMAQMD tool assumes the Project will emit over 482 times more PM2.5 than it actually will (0.17 lb/day vs. the threshold of 82 lb/day), over 46 times more ROG (1.41 lb/day vs the threshold of 65 lb/day), and nearly 17 times more NOX (3.84 lb/day vs the threshold of 65 lb/day). Results from the Minor Project Health Effects Screening Tool are shown in Table 3.3-4 below. The Project could result in 1.6 premature deaths per year due to the project’s PM2.5 emissions and 0.03 premature deaths per year due to the project’s ozone emissions.

Such numbers represent a very small increase over the background incidence of premature deaths due to PM2.5 and ozone concentrations (0.0035 percent and 0.0001 percent, respectively). In addition, PM2.5 emissions from the Project could result in 0.65 asthma-related emergency room visits, and ozone emissions from the Project could result in 0.52 asthma-related emergency room visits. Such numbers represent a minimal increase over the background level of asthma-related emergency room visits. Since the Project’s emissions would be substantially below the SMAQMD thresholds of significance, the Project’s actual health impacts associated with criteria pollutant emissions would be much lower than what is presented in Table 3.3-4.

Considering that implementation of the Project would not result in emissions of criteria pollutants that would exceed the SMAQMD standards, the Project would not inhibit attainment of regional NAAQS and CAAQS and would not result in adverse health impacts related to the emission of criteria pollutants.

Table 3.3-4. Health Effects from the Proposed Project
PM2.5 Health Endpoint Age Range1 Incidences
Across the 5-AirDistrict Region
Resulting from
Project
Emissions
(per year)2
Percent of
Background
Health
Incidences
Across the 5-AirDistrict Region3
Total Number of
Health
Incidences
Across the 5-AirDistrict Region
(per year)4
(Mean)
Emergency Room Visits, Asthma 0 - 99 0.65 0.0036% 18419 ITEM 17.1. ATTACHMENT 1

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Table 3.3-4. Health Effects from the Proposed Project
PM2.5 Health Endpoint Age Range1 Incidences
Across the 5-AirDistrict Region
Resulting from
Project
Emissions
(per year)2
Percent of
Background
Health
Incidences
Across the 5-AirDistrict Region3
Total Number of
Health
Incidences
Across the 5-AirDistrict Region
(per year)4
(Mean)
Hospital Admissions, Asthma 0 - 64 0.043 0.0023% 1846
Hospital Admissions, All Respiratory 65 - 99 0.24 0.0012% 19644 Hospital Admissions, All Cardiovascular
(less Myocardial Infarctions) 65 - 99

0.13 0.00055% 24037
Acute Myocardial Infarction, Nonfatal 18 - 24 0.000052 0.0014% 4 Acute Myocardial Infarction, Nonfatal 25 - 44 0.0049 0.0016% 308 Acute Myocardial Infarction, Nonfatal 45 - 54 0.013 0.0017% 741 Acute Myocardial Infarction, Nonfatal 55 - 64 0.021 0.0017% 1239 Acute Myocardial Infarction, Nonfatal 65 - 99 0.084 0.0017% 5052 Mortality, All Cause 30 - 99 1.6 0.0035% 44766
Ozone Health Endpoint Age Range1 Incidences
Across the 5-AirDistrict Region
Resulting from
Project
Emissions (per
year)2
Percent of
Background
Health
Incidences
Across the 5-AirDistrict Region3
Total Number of
Health
Incidences
Across the 5-AirDistrict Region
(per year)4
(Mean)
Hospital Admissions, All Respiratory 65 - 99 0.049 0.00025% 19644 Emergency Room Visits, Asthma 0 - 17 0.19 0.0032% 5859
Emergency Room Visits, Asthma 18 - 99 0.33 0.0026% 12560 Mortality, Non-Accidental 0 - 99 0.033 0.00011% 30386
Source: Appendix A.

Notes: 1 Affected age ranges are shown. Other age ranges are available, but the endpoints and age ranges shown here are the ones used by the USEPA in their health assessments. The age ranges are consistent with the epidemiological study that is the basis of the health function.
2 Health effects are shown in terms of incidences of each health endpoint and how it compares to the base (2035 base year health effect incidences, or “background health incidence”) values. Health effects are shown for the Reduced Sacramento 4-km Modeling Domain and the 5-Air-District Region.
3 The percent of background health incidence uses the mean incidence. The background health incidence is an estimate of the average number of people that are affected by the health endpoint in a given population over a given period of time. In this case, the background incidence rates cover the 5-Air-District Region (estimated 2035 population of 3,271,451 persons). Health incidence rates and other health data are typically collected by the government as well as the World Health Organization. The background incidence rates used here are obtained from BenMAP.
4 The total number of health incidences across the 5-Air-District Region is calculated based on the modeling data. The information is presented to assist in providing overall health context.

The project would be relatively small compared to the regional growth and development that drives health impacts from criteria pollutants, and the anticipated air quality emissions would fall below all applicable ITEM 17.1. ATTACHMENT 1

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thresholds of significance; As such potential health impacts related to criteria air pollutants would be less than significant.
d) Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Less-than-Significant Impact. Odors would be potentially generated from vehicles and equipment exhaust emissions during construction of the Project. Potential odors produced during construction would be attributable to concentrations of unburned hydrocarbons from tailpipes of construction equipment and asphalt pavement application. Such odors would disperse rapidly from the Project site and generally occur at magnitudes that would not affect substantial numbers of people. Therefore, impacts associated with odors during construction would be less than significant.

Land uses and industrial operations associated with odor complaints include agricultural uses, wastewater treatment plants, food-processing plants, chemical plants, composting operations, refineries, landfills, dairies, and fiberglass molding facilities (SMAQMD 2009). The Project would not create any new sources of odor during operation. Therefore, Project operations would result in an odor impact that would be less than significant.

3.4 Biological Resources

Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
IV. BIOLOGICAL RESOURCES – Would the project:
a) Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special status species in local
or regional plans, policies, or regulations, or
by the California Department of Fish and
Wildlife or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations, or by the
California Department of Fish and Wildlife or
U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on state
or federally protected wetlands (including,
but not limited to, marsh, vernal pool,
coastal, etc.) through direct removal, filling,
hydrological interruption, or other means?
ITEM 17.1. ATTACHMENT 1

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Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
d) Interfere substantially with the movement
of any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors,
or impede the use of native wildlife
nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a
tree preservation policy or ordinance?
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
A Biological Resources Assessment was prepared for the project by Dudek and is included as Appendix B to this Initial Study. This section summarizes the result of the Biological Resources Assessment. Full details regarding regulatory setting, methodology, and other information can be found in Appendix B. a) Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Less-Than-Significant Impact. The Project site is located adjacent to the Sacramento Valley Conservancy open space preserve and falls within the South Sacramento Habitat Conservation Plan (SSHCP) (Figure 4, SSHCP Modeled Land Covers). The SSHCP ensures preservation of species, natural communities, and aquatic resources in the Plan Area; while providing an improved environmental permitting process for “Covered Activity” projects that impact listed special-status species, listed species habitats, or aquatic resources (Appendix B). The Project is currently in the process of applying for coverage under the SSHCP.

The Project falls within the Covered Activity Category “Covered Activities in Preserve Setback in the Urban Development Area (UDA)”. Projects that fall within this category are required to implement a 50-foot-wide setback outward from the boundary of any existing Preserve or planned SSHCP Preserve. In addition, the SSHCP includes Avoidance and Minimization Measures (AMMs), to eliminate or reduce direct or indirect effects to special-status species that could result from implementation of a Covered Activity.

There are 19 special-status plant species and 24 special-status wildlife species that are known to occur within the surrounding area. Based on an evaluation of habitat type and conditions on the Project site, it was determined that 8 of these special-status plant species have a potential to occur within the Project site. During a reconnaissance-level biological field survey conducted for the Project, no special-status plants were observed within the Project site. Of the special-status wildlife species known to occur in the region, 13 species have a potential to occur within the Project site. The remaining 11 special-status wildlife species were removed from further consideration due to lack of suitable habitat within or adjacent to the Project ITEM 17.1. ATTACHMENT 1

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site. During the reconnaissance-level biological field survey, no special-status wildlife species were observed within the Project site.

Approximately 0.066-acres of vernal pool habitat is present along the eastern edge of the Project site. As required by the SSHCP, the Project would implement a minimum of a 50-foot-wide setback from the eastern boundary of the Project site. This 50-foot-wide setback would provide the required avoidance from direct impacts to vernal pool resources. In addition, project development would require regulatory compliance with California Endangered Species Act (CESA) and Federal Endangered Species Act (FESA), as well as with other related laws and regulations, through the SSHCP. The improvements to the existing Cordova Substation would be located entirely within the substation’s developed footprint, which is devoid of habitat and natural landforms.

Therefore, with compliance with the SSHCP, and the implementation of the AMMs and the proposed setback from the vernal pool habitat, the Project would have a less than significant impact associated with special-status species.
b) Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
Less-than-Significant Impact. The Project site supports two land cover types: Disturbed and Developed/Urban. The vegetation communities present within the Project site consists of Non-Native Grassland and Aquatic Environments. Three vernal pools totaling approximately 0.066 acres are present within the eastern boundary of the Project site. Vernal pools can provide habitat for rare and endangered species. As such, habitat modifications to the existing vernal pools could result in impacts to special-status plant and wildlife species. However, as discussed in response to Threshold 3.4 (a), the Project would include a 50-foot-wide setback to provide the required avoidance from direct impacts to the existing vernal pools, and compliance with the SSHCP. The improvements to the existing Cordova Substation would be located entirely within the substation’s developed footprint, which is devoid of habitat and natural landforms.

Impacts would be less than significant.
c) Would the project have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
Less-than-Significant Impact. As discussed above, three vernal pools totaling approximately 0.066 acres are present within the Project site. Vernal pools are seasonal ephemeral wetlands that typically fill and dry each year (Appendix B). The Project would include a 50-foot-wide setback to provide the required avoidance form direct impacts to the existing vernal pools. The improvements to the existing Cordova Substation would be located entirely within the substation’s developed footprint, which is devoid of wetlands. As such, with the required avoidance measures, the Project would have a less than significant impact vernal pools.

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d) Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
Less-Than-Significant Impact. Wildlife movement corridors have been recognized by federal and state agencies as important habitats worthy of conservation. Wildlife corridors provide migration channels seasonally and provide non-migrant wildlife the opportunity to move within their home range for food, cover, reproduction, and refuge. Given the existing vegetation within the Project site (i.e., dominant non-native grassland) and the adjacency to Sacramento Valley Conservancy open space preserve to the east and others in the surrounding vicinity, the Project site does provide wildlife corridor and habitat linkage value. However, the Project site is bordered open space to the east that would continue to provide wildlife movement within the surrounding area. Impacts would be less than significant. e) Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
No Impact. The Project would comply with all applicable ordinances and permits. Vegetation communities within the project site consist of non-native grassland and aquatic environments. Project construction does not include the removal of trees. As such, no impact would occur. f) Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Less-than-Significant Impact. The Project site is located within the SSHCP Plan Area, which ensures preservation of species, natural communities, and aquatic resources in the Plan Area; while providing an improved environmental permitting process for “Covered Activity” projects that impact listed special-status species, listed species habitats, or aquatic resources. Although the SSHCP does not expressly include utilityscale battery energy storage, urban solar energy projects and other energy-generating projects within the SSHCP UDA may be ‘Covered Activities’, provided they meet all SSHCP criteria. As such, with compliance with the SSHCP, the Project would not conflict with the provisions of an adopted conservation plan and impacts would be less than significant.

3.5 Cultural Resources

Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
V. CULTURAL RESOURCES – Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource
pursuant to Section 15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to Section 15064.5?
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Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
c) Disturb any human remains, including those
interred outside of formal cemeteries?
A Cultural Resources Letter Report was prepared for the Project by Dudek and is included as Appendix C to this Initial Study. This section summarizes the result of the Cultural Resources Letter Report. Full details regarding regulatory setting, methodology, and other information can be found in Appendix C.

Records Search
A records search was completed for the Project site and a 0.5-mile radius search area by the North Central Information Center (NCIC) staff at the Sacramento State University on December 3, 2021. The records search identified 22 previous studies that have been performed within the 0.5-mile search radius of the Project, one of which includes the entirety of the Project site. The search also identified one previously recorded cultural resource within the 0.5-mile radius search area. The resource consists of a historic industrial building that has been found ineligible for the National Register of Historic Places (NRHP) and California Register of Historical Resources (CRHR) through survey evaluation. Refer to Appendix C for additional details.

Archival Search
In addition to the records search, Dudek consulted historic maps and aerial photographs of the Project site and surrounding area to help determine the possible development and land use of the Project area in the past. Historic aerial photographs were available from 1952 and 2018, and historic maps area available from 1909 to 2018 (Appendix C). Aerial images indicate the vicinity of the Project site was undeveloped agricultural land until the early 2000s. Initial development of the area is visible on the 2002 and 2005 aerial images, with the construction of a housing development and associated infrastructure to the west of the Project site. Between 2005 and 2009 additional infrastructure development occurred to the west and south of the Project site with extensive grading for a power substation and reservoir. By 2014 development appears as it does presently. Topographic mapping from 1968 depicts the power lines to the west of the Project site. No other built environment features are depicted on the available topographic maps of the area.

Native American Heritage Commission and Tribal Correspondence Dudek requested a Native American Heritage Commission (NAHC) search of their Sacred Lands File (SLF) on December 1, 2021, for the Project site. On February 23, 2022, the NAHC responded that the result of the SLF check was negative. Follow-up communication and formal consultation with Native American tribes pursuant to Assembly Bill (AB) 52 will be completed by City staff.

The Project is subject to compliance with Assembly Bill 52 (PRC Section 21074), which requires consideration of impacts to “tribal cultural resources” as part of the CEQA process and requires the CEQA lead agency to notify any groups (who have requested notification) of the Project who are traditionally or culturally affiliated with the geographic area of the Project. Because AB 52 is a government-to government process, all records of correspondence related to AB 52 notification and any subsequent consultation are on file with the City.

ITEM 17.1. ATTACHMENT 1

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MAY 2023
Intensive Pedestrian Survey
A Dudek archaeologist inspected all portions of the approximately six-acre Project site on December 16, 2021, using standard archaeological procedures and techniques that meet the Secretary of Interior’s Standards and Guidelines for cultural resources inventory. The entirety of the proposed six-acre development area was covered with non-native annual grasses. Surface visibility was very low (less than 5%) due to dense grasses. Exposed ground surfaces were observed for surface artifacts, undisturbed areas, archaeological deposits, and historic structures. Evidence of artifacts and archaeological deposits were also opportunistically sought after in animal burrows and along an unpaved access road. No historic structures were observed. No archaeological resources were identified within the Project site during the field survey.

Geomorphology
Potential for yet identified cultural resources in the vicinity was reviewed against geologic and topographic GIS data for the area and information from other nearby projects. The “archaeological sensitivity,” or potential to support the presence of a buried prehistoric archaeological deposits, is generally interpreted based on geologic landform and environmental parameters (i.e., distance to water and landform slope).

The Project site is located within the Great Valley Geomorphic Province of California, a large basin comprised of the Sacramento and San Joaquin Valleys, bounded by the Serra Nevada and Coast Ranges to the east and west respectively. Specifically, the Project site is north of an unnamed tributary to Morrison Creek which feeds into the Sacramento River.

Soils within the site are entirely characterized as Redding gravelly loam soil series, which consists of loamy alluvium deposited on alluvial fan remnants. These soils are moderately well drained, and derived from igneous, metamorphic and sedimentary rock. Slopes within the Project site are between 0-2 percent. Based on review of this information the Project site would be moderately-well suited to support the formation or continued presence of buried cultural deposits or surface manifestations.
a) Would the project cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5?
No Impact. A historical resource is one that meets the eligibility criteria for the California Register of Historical Resources. This includes “any object, building, structure, site, area, place, record, or manuscript which is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California” (PRC Section 5020.1[j]). The significance of an historic resource is impaired when a project demolishes or materially alters those physical characteristics that convey its significance.

As discussed in the Cultural Resources Letter Report, the only previously recorded cultural resource is a historic industrial building located within the 0.5-mile search radius. This resource has been found ineligible for the NRHP and CRHR. As such, implementation of the Project would not result in any adverse change in this resource. No impacts would occur.

ITEM 17.1. ATTACHMENT 1

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b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5?
Less-than-Significant Impact. No archaeological resources were observed within the Project site during the pedestrian survey. The NCIC records search did not identify the presence of archaeological resources within the Project site or the 0.5-mile search radius and the NAHC Sacred Lands File search was negative. In addition, the improvements to the existing Cordova Substation would be located entirely within the substation’s developed and previously disturbed footprint. As such, there is a low likelihood that construction ground disturbance would encounter cultural deposits. The Project would have no impact on known cultural resources.

In the unlikely event that construction encounters unanticipated archaeological resources, all construction work occurring within 100 feet of the find shall immediately stop until a qualified archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards, can evaluate the significance of the find and determine whether or not additional study is warranted. Depending upon the significance of the find under CEQA (14 CCR 15064.5(f); PRC Section 21082), the archaeologist may simply record the find and allow work to continue. If the discovery proves significant under CEQA, additional work such as preparation of an archaeological treatment plan, testing, or data recovery may be warranted. Impacts would be less than significant.
c) Would the project disturb any human remains, including those interred outside of formal cemeteries? Less-Than-Significant Impact. The Project site is not within a known cemetery or burial ground. In the highly unlikely event that human remains are uncovered during ground‐disturbing activities, there are regulatory provisions to address the handling of human remains in California Health and Safety Code Section 7050.5, PRC Section 5097.98, and CEQA Guidelines Section 15064.5(e). Pursuant to these codes, in the event that human remains are discovered, disturbance of the site shall remain halted until the County coroner has conducted an investigation into the circumstances, manner, and cause of any death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation or to his or her authorized representative, in the manner provided in Section 5097.98 of the PRC. The County coroner is required to make a determination within two working days of notification of the discovery of the human remains. If the County coroner determines that the remains are not subject to his or her authority, and if he or she recognizes or has reason to believe the human remains to be those of a Native American, he or she shall consult with the Native American Heritage Commission by telephone within 24 hours, to designate a Most Likely Descendant who shall recommend appropriate measures to the landowner regarding the treatment of the remains. If the owner does not accept the Most Likely Descendant’s recommendations, the owner or the Most Likely Descendant may request mediation by the Native American Heritage Commission. Therefore, with compliance with this existing state law, impacts associated with human remains would be less than significant.

ITEM 17.1. ATTACHMENT 1

JUNIPER CREEK ENERGY STORAGE SYSTEM PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 13267.05 33
MAY 2023

3.6 Energy

Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
VI. Energy – Would the project:
a) Result in potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption of
energy resources, during project
construction or operation?
b) Conflict with or obstruct a state or local plan
for renewable energy or energy efficiency?
a) Would the project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less-than-Significant Impact. Most of the off-road construction equipment, such as those used during grading, would be gas or diesel powered. However, all operation of construction equipment would cease upon completion of Project construction. The construction contractors are required to minimize nonessential idling of construction equipment during construction, in accordance with Section 2449 of 13 CCR Article 4.8, Chapter 9. Energy needs required for project construction would be temporary and are not anticipated to require additional capacity or increase peak or base period demands for electricity or other forms of energy. Construction equipment use and associated energy consumptions would be typical of that associated with the construction projects of this size. Thus, the Project’s energy consumption during the construction would not be considered wasteful, inefficient, or unnecessary.

The Project would include the construction of the proposed BESS, which would store energy produced from renewable energy generation sources during low demand times for release during higher demand times.

The purpose of the Project is to provide essential regional and local grid reliability, help to meet California’s zero carbon future (California Executive Order B-55-18) by complimenting renewable energy generation, and help to reduce the likelihood of local outages.

The Project would require a zone text amendment to allow for the development of the proposed BESS within the LC zoning designation. Upon approval of the requested zone text amendment, the Project would be consistent with the allowed uses within the LC zoning designation which includes BESS facilities.

Overall, the Project would result in renewable energy generating sources to be more efficiently integrated into California’s electricity grid. The Project would not result in wasteful, inefficient, or unnecessary consumption of energy sources. Impacts would be less than significant.

ITEM 17.1. ATTACHMENT 1

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b) Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Less-than-Significant Impact. California’s electricity grid is transitioning to renewable energy under the Renewable Portfolio Standard (RPS). Renewable sources of electricity include wind, small hydropower, solar, geothermal, biomass, and biogas. The RPS goals have been updated since adoption with 50% by 2026, 60% by 2030, and 100% by 2045. SB 100 also establishes RPS requirements for publicly owned utilities that consist of 44% renewable energy by 2024, 52% by 2027, and 60% by 2030. The statewide RPS requirements do not directly apply to individual development projects, but to utilities and energy providers whose compliance with RPS requirements would contribute to the state objective of transitioning to renewable energy. The Project would comply with the current and future iterations of the Title 24 Building Energy Efficiency Standards and their policies which contribute to reducing energy consumption through increasing energy efficiency, energy conservation, and use of renewable energy.

The Project includes the construction of a proposed BESS within the City, which would be part of a sustainable solution to enable renewable energy generating sources to be better used and more efficiently integrated into the grid. Battery storage is predominantly used to store energy produced from renewable energy generation sources during low demand times for release during higher demand times, for example, to store solar energy during the daytime and to release it during the evening when the demand for energy goes up but the ability to generate solar energy goes down because the sun has set. Battery storage is not needed to store energy from conventional fuel sources such as natural gas because natural gas is a combustible fuel that can produce energy on demand without requiring another form of storage. Therefore, battery storage is used to facilitate integration of renewable energy sources into the electrical grid. The Project would align with the State’s energy goals. No conflicts with renewable energy or energy efficiency plans would occur and impacts would be less than significant.

3.7 Geology and Soils

Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
VII. GEOLOGY AND SOILS – Would the project:
a) Directly or indirectly cause potential
substantial adverse effects, including the
risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault,
as delineated on the most recent
Alquist-Priolo Earthquake Fault Zoning
Map issued by the State Geologist for
the area or based on other substantial
evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including
liquefaction?
ITEM 17.1. ATTACHMENT 1

JUNIPER CREEK ENERGY STORAGE SYSTEM PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 13267.05 35
MAY 2023

Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
iv) Landslides?
b) Result in substantial soil erosion or the loss
of topsoil?
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as
a result of the project, and potentially result
in on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code
(1994), creating substantial direct or
indirect risks to life or property?
e) Have soils incapable of adequately
supporting the use of septic tanks or
alternative waste water disposal systems
where sewers are not available for the
disposal of waste water?
f) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
A Geotechnical Site Rating was prepared for the Project by Terracon Consultants, Inc. and is included as Appendix D to this Initial Study. This section summarizes the result of the Geotechnical Site Rating. Full details regarding regulatory setting, methodology, and other information can be found in Appendix D. a) Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. and
ii) Strong seismic ground shaking?
Less-than-Significant Impact. The Project site is not located in an Alquist-Priolo Fault Zone and no known faults intersect the Project area (DOC 2022b). The closest known fault zone is the Cordelia fault zone located approximately 54.3 miles west of the Project site. However, the Project site, like most of the surrounding region, could be subject to seismic activity along nearby faults that could result in ground shaking conditions.

ITEM 17.1. ATTACHMENT 1

JUNIPER CREEK ENERGY STORAGE SYSTEM PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 13267.05 36
MAY 2023
The Project would contain no habitable structures or other structural development intended for human occupancy that could result in risk of loss, injury, or death in the event of strong seismic ground shaking.

The Project would be required to comply with the building design standards of the California Building Code (CBC) Chapter 33 for construction of new buildings and/or structures related to seismicity and specific engineering design and construction measures would be implemented to anticipate and avoid potential impacts from seismic activity. As such, Project implementation would not create a potential risk to either people or structures in the event of strong seismic ground shaking. Therefore, impacts would be less than significant
iii) Seismic-related ground failure, including liquefaction? No Impact. Liquefaction occurs when a buildup of pore water pressure in the affected soil layer to a point where a total loss of shear strength may occur during a seismic event, causing the soil to behave as a liquid.

The Project site is located not within a liquefaction zone, as mapped by the California DOC (DOC 2022b).

Therefore, liquefaction is not considered to be a hazard on the proposed development, and the Project would not increase the risk from seismic-related ground failure, including liquefaction. No impact would occur. iv) Landslides?
No Impact. Landslides typically occur on moderate to steep slopes that are affected by such physical factors as slope height, slope steepness, shear strength, and orientation of weak layers in the underlying geologic units contribute to landslide susceptibility. The Project site is generally flat and not located in a landslide zone, as mapped by the California DOC (DOC 2022b). No impact would occur. b) Would the project result in substantial soil erosion or the loss of topsoil? Less-than-Significant Impact. The Project would include the construction of the proposed BESS on approximately six acres of vacant undeveloped land. The Project would require submittal of a Stormwater Pollution Prevention Plan (SWPPP) which would include erosion and sediment control Best Management Practices (BMPs) to be used during the construction phase. Additionally, under existing conditions, the Project site is predominantly pervious land. Upon completion of construction, impervious areas on site would be increased, reducing potential for soil erosion and loss of topsoil. The improvements to the existing Cordova Substation would be entirely located within the Cordova Substation’s developed footprint; there would be no potential for soil erosion or loss of topsoil associated with the Cordova Substation improvements. Thus, impacts would be less than significant. c) Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
Less-than-Significant Impact. As previously discussed, the Project site is not located within a landside or liquefaction zone, or near a known active fault zone (DOC 2022b). The Project would continue through full project design, which would include geotechnical investigations to inform final design and construction of the Project relative to minimization of potential geotechnical risks, including soil stability. Therefore, the Project would not exacerbate geotechnical hazards related to unstable soils and impacts would be less the significant.

ITEM 17.1. ATTACHMENT 1

JUNIPER CREEK ENERGY STORAGE SYSTEM PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 13267.05 37
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d) Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Less-than-Significant Impact. Expansive soils are clay-based and tend to increase in volume due to water absorption and decrease in water volume due to drying. According to the Geotechnical Site Rating prepared for the Project, expansive clays exist at the surface of the Project site. Furthermore, the Project site is underlain by clayey sand and clayey gravel (Appendix D). To reduce potential impacts associated with expansive soils, project construction would over-excavate expansive soils and replace with low volume changes engineered fill or chemical stabilization with lime or cement. Furthermore, the Project would be required to comply with CBC standards to address geologic conditions of the site.

Therefore, impacts would be less than significant.
e) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? No Impact. The Project would not involve the use of septic tanks or alternative wastewater disposal systems. Therefore, no impact would occur.
f) Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
Less-than-Significant Impact with Mitigation Incorporated. A search was conducted of the Natural History Museum of Los Angeles’s paleontology collection records. Although the search concluded that no fossil localities underlie the Project site, known fossil localities have been identified nearby within sedimentary deposits that occur within the Project site (Appendix C). In the unlikely event that construction encounters unanticipated archaeological resources, mitigation measure (MM)-PAL-1 would be implemented. MM-PAL1 requires that construction be halted if archaeological materials are encountered to allow for evaluation of the find by a qualified archaeologist who will make recommendations for appropriate treatment and additional study. With implementation of MM-PAL-1, impacts would be less than significant.

Mitigation Measure
MM-PAL-1: Unanticipated Discovery of Archaeological Resources. In the event that archaeological resources (sites, features, or artifacts) are exposed during construction activities for the Project, all construction work occurring within 100 feet of the find shall immediately stop until a qualified archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards, can evaluate the significance of the find and determine whether or not additional study is warranted. Depending upon the significance of the find under CEQA (14 CCR 15064.5(f); PRC Section 21082), the archaeologist may simply record the find and allow work to continue. If the discovery proves significant under CEQA, additional work such as preparation of an archaeological treatment plan, testing, or data recovery may be warranted ITEM 17.1. ATTACHMENT 1

JUNIPER CREEK ENERGY STORAGE SYSTEM PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 13267.05 38
MAY 2023

3.8 Greenhouse Gas Emissions

Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
VIII. GREENHOUSE GAS EMISSIONS – Would the project:
a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a
significant impact on the environment?
b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of
reducing the emissions of greenhouse
gases?
a) Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
Construction Emissions
Construction of the Project would result in GHG emissions, which are primarily associated with use of off-road construction equipment, on-road haul and vendor trucks, and worker vehicles. The total construction GHG emissions were calculated and then compared to the SMAQMD operational and construction GHG significance thresholds of 1,100 MT CO2e per year. Additionally, the Project is compared to the SMAQMD NOx screening levels.

The Project would exceed the NOx screening level as it would include trenching activities, cut-and-fill grading operations, and import or export of soil materials. As such, in accordance with the SMAQMD guidelines, emissions must be quantified and compared to the SMAQMD thresholds.

CalEEMod was used to estimate GHG emissions during construction. Construction of the Project is anticipated to last up to 12 months. On-site sources of GHG emissions include off-road equipment and off-site sources include on-road vehicles (haul and vendor trucks and worker vehicles). Table 3.8-1 presents construction GHG emissions for the Project from on-site and off-site emission sources.

Table 3.8-1. Estimated Annual Construction GHG Emissions Year
CO2 CH4 N2O CO2e
Metric Tons
2022 100.31 0.03 0.00 101.82
2023 713.34 0.17 0.01 720.53
Total 822.35
SMAQMD GHG Threshold 1,100
Threshold Exceeded? No
Notes: GHG = greenhouse gas; CO2 = carbon dioxide; CH4 = methane; N2O = nitrous oxide; CO2e = carbon dioxide equivalent; SMAQMD = Sacramento Metropolitan Air Quality Management District.

See Attachment A for complete results.

ITEM 17.1. ATTACHMENT 1