CITY OF RANCHO CORDOVA
CITY COUNCIL MEETING
Monday, October 2, 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
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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, October 2, 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.
Listening to a Zoom Meeting by Phone Only
You can join a Zoom meeting via teleconferencing/audio conferencing using a cell phone or
Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Monday, October 2, 2023
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, October 2, 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 Garett Gatewood, Siri Pulipati, David Sander, Donald Terry, and Mayor Linda Budge
5. CLOSED SESSION
Council will meet in closed session to discuss the following items:
5.1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION: Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) (four cases).
5.2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (pursuant to California Government Code Section 54956.9(d)(1)) Cordova Recreation and Park District v. City of Rancho Cordova, Sacramento Superior Court Case No. 34-2021-80003705.
6. OPEN SESSION - REPORT FROM CLOSED SESSION
The City Attorney will report on action taken in closed session.
7. ADJOURN TO REGULAR MEETING
8. REGULAR MEETING - CALL TO ORDER/ROLL CALL
Council Members Garrett Gatewood, Siri Pulipati, David Sander, Donald Terry, and Mayor Linda Budge
9. METRO CABLE TV TELEVISION ANNOUNCEMENT
The Clerk will announce the meetings video recording and playback schedules.
10. PLEDGE OF ALLEGIANCE
Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Monday, October 2, 2023
The Mayor will call on someone in attendance to lead the Pledge.
11. INVOCATION
Jennifer Laret with The Church of Jesus Christ of Latter-day Saints will give the invocation.
12. PRESENTATIONS
12.1. Rebuilding Together Sacramento 2022/23 Highlights.
12.2. New Employee Introductions: Rita Gass, Chief Technology & Innovation Officer by Micah Runner, City Manager and Narayan Bhattarai, Management Analyst I by Dalia Fadl, Principal Civil Engineer.
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 September 18, 2023 and the Special Meeting of September 26, 2023.
Recommendation: Adopt the minutes.
16.2. Subject: A Resolution Approving the Final Map of The Ranch Phase 2-Village 15-1, 19, 20, 21-1, Subdivision No. FM-2021-002-011 and Authorizing the City Manager to Execute Subdivision Improvement Agreement Contract No. 2023-125 with K. Hovnanian at Jaeger Ranch, LLC
Recommendation: Adopt the Resolution.
16.3. Subject: A Resolution Approving the Final Map of The Ranch Village 2 And 7, Subdivision No. FM-2021-002-012 and Authorizing the City Manager to Execute Subdivision Improvement Agreement Contract No. 2023-122 with K. Hovnanian at Jaeger Ranch, LLC.
Recommendation: Adopt the Resolution.
Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Monday, October 2, 2023
16.4. Subject: A Resolution Authorizing the Public Works Director to Execute Agreements with the California Department of Transportation for the Fiscal Year 2023-24 Sustainable Transportation Planning Grant Program for the Rancho Cordova Active Transportation Plan.
Recommendation: Adopt the Resolution.
16.5. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2023-217 in an Amount Not to Exceed $370,410.00 with Nor-Cal Concrete, Inc. to Construct the 2023 ADA Sidewalk Improvement Project at Various Locations in the City.
Recommendation: Adopt the Resolution.
16.6. Subject: A Resolution Approving the Annexation of The Ranch (Active Adult) into the City of Rancho Cordova Community Facilities District No. 2013-2 (Police Services).
Recommendation: Adopt the Resolution.
16.7. Subject: A Resolution Approving the Annexation of the Ranch Active Adult Project to the City of Rancho Cordova Community Facilities District No. 2014-2 (Street, Lighting, and Landscape Maintenance).
Recommendation: Adopt the Resolution.
16.8. Subject: A Resolution Approving the Boundary Map for the Ranch Active Adult Project Annexation to the City of Rancho Cordova Community Facilities District No. 2018-2 (Community Places and Neighborhood Greens).
Recommendation: Adopt the Resolution.
16.9. Subject: A Resolution Declaring the City's Intention to Impose an Annual Stormwater Utility Fee for the Maintenance of Storm Drainage and Flood Protection Systems for the Ranch Active Adult Project.
Recommendation: Adopt the Resolution designating a time and place for hearing protests in connection with the annual Stormwater Utility Fee for the Ranch Active Adult project.
16.10. Subject: A Resolution Authorizing the City Manager to Execute a Contract with Proud Audio Visual for Audio Visual System Upgrades to the City Council Chambers and City Conference Rooms for an Amount Not to Exceed $169,788.
Recommendation: Adopt the Resolution.
17. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE
None.
18. PUBLIC HEARING ITEMS - 6:30 PM
18.1. Subject: Second Reading of an Ordinance Providing for the Election of Council Members by Five Districts and Establishing the Boundaries and Election Order of Each District.
Recommendation: 1. Open the public hearing, receive public comments, close the public hearing.
2. Waive the second reading and introduce the Ordinance establishing five districts for election of five City Council Members, which would continue the practice of the City Council annually appointing a member of the City Council to serve for one year as Mayor of the City and amending and adding new sections to Chapter 2.42 Elections of the Rancho Cordova Municipal Code to provide for City Council Election Districts.
19. REGULAR CALENDAR ITEMS
Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Monday, October 2, 2023
19.1. Subject: Presentation of the 2023 Resident Satisfaction Survey Results Recommendation: Receive presentation of the results from the 2023 Resident Satisfaction Survey.
19.2. Subject: Presentation Regarding the City's Intention to Increase the Annual Stormwater Utility 1 Fee for the Maintenance of Storm Drainage and Flood Protection System Recommendation: Direct staff to bring a Resolution to the October 16, 2023, City Council meeting to designate a time and place for hearing protests in connection with the proposed SWU1 Fee increase (December 4, 2023) and authorize the City Clerk’s office to give notice of the above-described protest hearing.
19.3. Subject: Presentation of the Draft Letter to the Folsom Cordova Unified School District Board of Education Regarding the Timeline of the Future Middle/High School in Rio Del Oro Recommendation: Discuss the draft letter and provide direction to staff on any edits requested or desire to appoint a subcommittee to edit or draft a letter prior to the planned FCUSD Board Study Session.
19.4. Subject: Economic Development Department Program Update Recommendation: Receive the Community Enhancement & Investment Fund and Workforce Development Update from the Economic Development Department.
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
October 16, 2023 5:30 PM Regular Meeting
October 24, 2023 5:30 PM Special Meeting/Work Session
November 6, 2023 4:00 PM Special Meeting/Regular Meeting November 20, 2023 5:30 PM Regular Meeting
November 28, 2023 5:30 PM Special Meeting/Work Session
Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Monday, October 2, 2023
December 4, 2023 4:00 PM Special Meeting/Regular Meeting December 12, 2023 5:30 PM Special Meeting/Work Session
December 18, 2023 5:30 PM Regular Meeting
If you have any technical questions related to the agenda items, please contact City Hall at (916) 851- 8700.
The Rancho Cordova City Council meeting will be videotaped in its entirety and will be cablecast without interruption on Metro Cable 14, the Government Affairs Channel on the Comcast, Consolidated Communications and AT&T U-Verse Systems. Closed Captioning will be available on the playback cablecast. A DVD copy is available from the City Clerk’s Department and a webcast of this meeting will be available for viewing via video streaming from the City’s website within 48 hours of adjournment of this meeting.
In compliance with the Americans with Disabilities Act, if you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk’s Office at (916) 851-8720 at least 48 hours prior to the meeting.
CERTIFICATION OF POSTING OF AGENDA
I, Stacy Leitner, City Clerk for the City of Rancho Cordova, declare that the foregoing agenda for the October 2, 2023 Regular Meeting of the Rancho Cordova City Council was posted and available for review on September 29, 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 September 29, 2023 Rancho Cordova, California.
Stacy Leitner, CMC
City Clerk
ITEM 16.1. ATTACHMENT 1
CITY OF RANCHO CORDOVA
CITY COUNCIL MEETING
Monday, September 18, 2023
5:30 PM – Regular Meeting
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova
211 Meyer Avenue
Hamel IL, 62046
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 5:38 p.m.
Council Members Present: Garrett Gatewood, Siri Pulipati, David Sander, Donald Terry, and Mayor Linda Budge
Council Members Absent: None
Staff Members Present: 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
Conrad Mayer led the pledge.
4. INVOCATION
Jennifer Laret with The Church of Jesus Christ of Latter-day Saints gave the invocation.
5. PRESENTATIONS
5.1. Sacramento County Project Update on the Hazel Avenue/U.S. 50 Interchange Project
ITEM 16.1. ATTACHMENT 1 Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, September 18, 2023
5.2. New Employee Introductions: Taylor Muldrow, Customer Services Representative II by Stacy Leitner, City Clerk, Brooke Lindquist, Permit Technician I by Jeremiah Zillig, Building Official, and Michaela Paul, Animal Services Officer by Russ Ducharme, Neighborhood Services Manager.
6. PUBLIC COMMENT
Mayor Budge opened the public comment period. The following individuals addressed the Council or submitted public comment via email:
1. James Garcia
2. Jenny Bui
3. Bhasker Vempati
4. Wendi Weston
5. Helen Whelan-Bashaw
6. Brenda Gustin
7. Lupe Hernandez
8. Daniel Stephens
9. James Garcia
Mayor Budge closed the public comment period.
7. COUNCIL REPORTS
There were no Council reports.
8. CITY MANAGER'S REPORT
There was no City Manager 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 9.7 by Gatewood second by Pulipati;
Motion passed with a 4:0 vote.
AYES: Gatewood, Pulipati, Sander, and Budge
NOES: None
ABSENT: Terry
ABSTAIN: None
9.2. Subject: A Resolution Authorizing the City Manager to Approve the Addition of Cesar Chavez Day and Juneteenth as Holidays Beginning in 2024 Recommendation: Adopt the Resolution.
9.3. Subject: A Resolution Approving the Final Map of the Ranch Village 13, Subdivision No.
FM-2021-002-09, and Authorizing the City Manager to Execute Subdivision Improvement Agreement Contract No. 2023-124 with K. Hovnanian At Jaeger Ranch, LLC.
Recommendation: Adopt the Resolution.
9.4. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 58-2019-3 with Coastline Water Resources, Inc. to Increase the Contract Amount from $2,335,000 to an Amount not to Exceed $3,285,000 for Storm Response Services Funded by a FEMA Grant.
ITEM 16.1. ATTACHMENT 1 Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, September 18, 2023
Recommendation: Adopt the Resolution.
9.5. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 2021-337-2 with R.E.Y. Engineers, Inc. will Extend the Contract Term from June 24, 2024, to December 31, 2026 and Increase the Contract Amount from $707,182 to an Amount not to Exceed of $945,026 for the Countryside Neighborhood Street Rehabilitation Project.
Recommendation: Adopt the Resolution.
9.6. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 2022-212-1 with Rebuilding Together Sacramento will Extend the Contract Term from October 31, 2024, to June 30, 2025 and Increase the Contract Amount from $300,000 to an Amount not to Exceed $650,000 for Funding the Rebuilding Together Sacramento Critical Repair Program.
Recommendation: Adopt the Resolution.
9.7. Subject: A Resolution Authorizing the Public Works Director to Submit and Execute Applications and Documents for CalRecycle Grants.
Recommendation: Adopt the Resolution.
10. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE
ACTION: Motion to pull item 10.1 for separate discussion by Gatewood second by Pulipati;
Motion passed with a 4:0 vote.
AYES: Gatewood, Pulipati, Sander, and Budge
NOES: None
ABSENT: Terry
ABSTAIN: None
10.1. Subject: Resolutions Approving the Rancho Cordova Climate Action and Adaptation Plan Initial Study/Negative Declaration and Final Draft Climate Action and Adaptation Plan.
Recommendation: 1. Adopt the Resolution approving a California Environmental Quality Act (CEQA) Negative Declaration for the Rancho Cordova Climate Action and Adaptation Plan.
2. Adopt the Resolution approving the Rancho Cordova Climate Action and Adaptation Plan.
Mayor Budge opened the public comment period. The following individuals addressed the Council or submitted public comment via email:
1. Helen Whelan-Bashaw
2. Brenda Gustin
3. David Militzer
4. Oscar Balaguer
5. Oscar Balaguer
6. Lisa Phenix
7. Stephen Green
Mayor Budge closed the public comment period.
ACTION: Motion to approve item 10.1. by Budge second by Gatewood;
ITEM 16.1. ATTACHMENT 1 Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, September 18, 2023
Motion passed with a 4:0 vote.
AYES: Gatewood, Pulipati, Sander, and Budge
NOES: None
ABSENT: Terry
ABSTAIN: None
11. PUBLIC HEARING ITEMS - 6:30 PM
11.1. Subject: Public Hearing on Draft Boundary Maps of Council Districts and First Reading of an Ordinance Providing for the Election of Council Members by Five Districts and Establishing the Boundaries and Election Order of Each District.
Recommendation: 1. Open the public hearing, receive public comments, close the public hearing, provide feedback to the demographic consultant and staff regarding the draft Council District boundary maps.
2. Vote to designate a preferred map, designate the sequence and preferred election years for each district to be included in the proposed Ordinance.
3. Waive the first reading and introduce the proposed Ordinance, as revised by the Council direction in Step 2 above, establishing five districts for election of five City Council Members, which would continue the practice of the City Council annually appointing a member of the City Council to serve for one year as Mayor of the City and amending and adding new sections to Chapter 2.42 Elections of the Rancho Cordova Municipal Code to provide for City Council Election Districts.
Mayor Budge opened the public comment period. The following individuals addressed the Council or submitted public comment via email:
1. Conrad Mayer
2. Fayzah Mughal
3. Ray Savorn
4.Greg Muilenburg
5. Madeline Sanderson
6. Jennifer Laret
7. Scott Rafferty
8. Lupe Hernandez
9. Diana Burdick
10. Helen Whelan-Bashaw
11. James Garcia
12. Angel Ball
13. Jennifer Garcia
14. Rajanraju Vadapalli
15. Lisa LeGare
16. Alan Vosper
17. Scott Rafferty
18. Fayzah Mughal
19. James Garcia
20. Shauna Mandell
21. Anil Reddy
22. Srinadha Babu
23. Chandra Sekhar Tematam
24. Crystal James
25. Indira Ganesula
ITEM 16.1. ATTACHMENT 1 Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, September 18, 2023
26. Ravi Bade
27. Prabhakara Patakota
28. Vijay Bhupathi
29. Venkat Reddy
30. Sureash Tammana
31. Venkata Kallam
Mayor Budge closed the public comment period.
ACTION: Motion to select map 516C as the preferred map for City Council Districts which shows five districts and to continue the practice of selecting a Council Appointed Mayor to serve for one year by Terry second by Gatewood; Motion passed with a 5:0 vote.
ACTION: Motion to select the following election sequence: members of the Rancho Cordova City Council from Council Districts 1, 3, and 4 shall be elected on a by district basis as that term is defined in California Government Code Section 34871(a), beginning with the General Municipal Election in November 2024 and every four years thereafter, as such Council Districts may be amended from time to time pursuant to applicable law and members of the Rancho Cordova City Council from Council Districts 2 and 5 shall be elected on a by district basis as that term is defined in California Government Code Section 34871(a), beginning with the General Municipal Election in November 2026 and every four years thereafter, as such Council Districts may be amended from time to time pursuant to applicable law by Terry scond by Gatewood;
Motion passed with a 5:0 vote.
ACTION: Motion to waive the first reading and introduce the Ordinance as revised by the Council direction by the actions taken in the above motions by Sander second by Terry;
Motion passed with a 5:0 vote.
Council Member Terry left the meeting at 8:27 p.m.
BREAK 8:27 p.m. - 8:42 p.m.
11.2. Subject: Resolutions Related to the Annexation of Stonecreek Industrial Project to the City of Rancho Cordova Community Facilities District No. 2014-2 (Street, Lighting and Landscaping Maintenance)
Recommendation: Adopt the Resolutions.
Mayor Budge opened the public comment period. Seeing no speakers. Mayor Budge closed the public comment period.
ACTION: Motion to adopt the Resolution calling the special property owner election in item 11.2. by Pulipati second by Gatewood;
Motion passed with a 4:0 vote
AYES: Gatewood, Pulipati, Sander, and Budge
NOES: None
ABSENT: Terry
ABSTAIN: None
ITEM 16.1. ATTACHMENT 1 Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, September 18, 2023
The City Clerk announced the result of the property owner vote.
ACTION: Motion to adopt the Resolution declaring the results of the special election and directing the recording of the notice of special tax lien under Community Facilities District No. 2014-2 by Gatewood second by Pulipati; Motion passed with a 4:0 vote.
AYES: Gatewood, Pulipati, Sander, and Budge
NOES: None
ABSENT: Terry
ABSTAIN: None
ACTION: Motion to adopt the Resolution directing the recording of the Notice of Cessation of the Special Tax Under Community Facilities District No. 2008-1 by Gatewood second by Pulipati;
Motion passed with a 4:0 vote.
AYES: Gatewood, Pulipati, Sander, and Budge
NOES: None
ABSENT: Terry
ABSTAIN: None
12. REGULAR CALENDAR ITEMS
12.1. Subject: Appointment of Real Property Negotiators: Micah Runner, City Manager and Adam U. Lindgren, City Attorney. Assessor's Parcel Number's (APN's): 072-2360-028- 0000, 072-2360-029-0000, and 072-2360-030-0000.
Recommendation: Appoint Real Property Negotiators.
Mayor Budge opened the public comment period. The following individuals addressed the Council or submitted public comment via email:
1. James Garcia
2. Greg Muilenburg
3. Helen Whelan-Bashaw
4. Alan Vosper
5. Marylin Metzger
6. Greg Muilenburg
Mayor Budge closed the public comment period.
ACTION: Motion to approve item 12.1. by Sander second by Pulipati; Motion passed with a 4:0 vote.
AYES: Gatewood, Pulipati, Sander, and Budge
NOES: None
ABSENT: Terry
ABSTAIN: None
13. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
1. Data Driven Governance in Rancho Cordova
2. Letter to Folsom Cordova Unified School District for a joint middle school/high school in Rancho Cordova
ITEM 16.1. ATTACHMENT 1 Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, September 18, 2023
14. ADJOURN TO CLOSED SESSION
Mayor Budge adjourned the meeting to closed session at 9:26 p.m.
15. CLOSED SESSION - CALL TO ORDER/ROLL CALL
Mayor Budge called closed session to order at 9:36 p.m.
Council Members Present: Garrett Gatewood, Siri Pulipati, David Sander, and Mayor Linda Budge
Council Members Absent: Donald Terry
Staff Members Present: Adam Lindgren and Micah Runner
16. CLOSED SESSION
Council met in closed session to discuss the following item:
Mayor Budge opened the public comment period. The following individuals addressed the Council or submitted public comment via email:
1. Marylin Metzger
2. James Garcia
3. Greg Muilenburg
4. Alan Vosper
Mayor Budge closed the public comment period.
16.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to Government Code Section 54956.8: Property: Assessor's Parcel Number (APN):072-2360-028-0000, 072-2360-029-0000, and 072-2360-030-0000 City Negotiators: Micah Runner, City Manager, and Adam U. Lindgren, City Attorney, Negotiating Parties: Capital Jackson Partners. Under Negotiation: Price and terms of payment.
17. OPEN SESSION - REPORT FROM CLOSED SESSION
City Manager Micah Runner reported that staff was given direction to bring the closed session item back as a noticed public hearing item back to a future Council meeting.
18. ADJOURNMENT
Mayor Budge adjourned the meeting in memory of Mark Stasyuk and in honor of the 76th anniversary of the United States Air Force at 9:55 p.m. _____________________
Stacy Leitner, CMC
City Clerk
ITEM 16.1. ATTACHMENT 2
CITY OF RANCHO CORDOVA
CITY COUNCIL MEETING
Tuesday, September 26, 2023
5:30 PM – Special Meeting/Closed Session
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova
AC Hotel Washington DC Convention Center - Room 2210
601 K Street NW, Washington DC, 20001
DRAFT MINUTES
1. SPECIAL MEETING - CALL TO ORDER/ROLL CALL
Mayor Budge called the Special meeting to order in the David B. Roberts Council Chambers at 5:37 p.m.
Council Members Present: Siri Pulipati, David Sander, Donald Terry, and Mayor Linda Budge
Council Members Absent: Garrett Gatewood
Staff Members Present: Haley Arata, Stacy Leitner, Adam Lindgren, Persephonie Riley, and Micah Runner
2. PUBLIC COMMENT
Mayor Budge opened the public comment period. The following individuals addressed the Council or submitted public comment via email:
1. Helen Whelan-Bashaw
2. James Garcia
Mayor Budge closed the public comment period.
3. ADJOURN TO CLOSED SESSION
Mayor Budge adjourned the meeting to closed session at 5:43 p.m.
ITEM 16.1. ATTACHMENT 1 Rancho Cordova City Council - DRAFT MINUTES
Meeting of Tuesday, September 26, 2023
4. CLOSED SESSION - CALL TO ORDER/ROLL CALL
Mayor Budge called closed session to order at 5:45 p.m.
Council Members Present: Siri Pulipati, David Sander, Donald Terry, and Mayor Linda Budge
Council Members Absent: Garrett Gatewood
Staff Members Present: Adam Lindgren and Micah Runner
5. CLOSED SESSION
Council met in closed session to discuss the following items:
5.1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION: Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) (three cases).
5.2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (pursuant to California Government Code Section 54956.9(d)(1)) Stone Creek Residents for Smart Growth, an unincorporated association v. City of Rancho Cordova, Respondent; Dermody Properties, and DOES 1-10 Real Parties in Interest. Sacramento Superior Court Case No. 23WM000026.
5.3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (pursuant to California Government Code Section 54956.9(d)(1)) Stone Creek Residents for Smart Growth, an unincorporated association v. City of Rancho Cordova, and DOES 1-10 Respondent; Dermody Properties, and DOES 11-20 Real Parties in Interest.
Sacramento Superior Court Case No. 23WM000052.
6. OPEN SESSION - REPORT FROM CLOSED SESSION
City Attorney Adam Lindgren reported that staff was given direction and no reportable action was taken in closed session.
7. ADJOURNMENT
Mayor Budge adjourned the meeting at 7:12 p.m.
____________________
Stacy Leitner, CMC
City Clerk
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 16.2.
DATE: October 2, 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 PHASE 2-VILLAGE 15-1, 19, 20, 21-1, SUBDIVISION NO. FM-2021- 002-011 AND AUTHORIZING THE CITY MANAGER TO EXECUTE
SUBDIVISION IMPROVEMENT AGREEMENT CONTRACT NO. 2023-
125 WITH K. HOVNANIAN AT JAEGER RANCH, LLC
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would approve the Final Map of The Ranch Phase 2 – Village 15-1, 19, 20, 21-1, Subdivision No. FM-2021-002-011 and authorize the City Manager to execute Subdivision Improvement Agreement Contract No. 2023-125 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 Large Lot Tentative Map on January 6, 2020, per Resolution No. 5-2020. A Development Agreement was entered on February 21, 2020, and recorded on May 1, 2021, in the Official Records of Sacramento County in Book 20200501, Page 0617. A copy of the final map, Attachment 3, and a copy of the vicinity map, Attachment 4, are included with this report.
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 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 September 26, 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. The Ranch Contract 2023-125
3. The Ranch Final Map
4. The Ranch Vicinity Map
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, APPROVING THE FINAL MAP OF THE RANCH PHASE 2-VILLAGE 15-1, 19, 20, 21-1, SUBDIVISION NO. FM-2021-002-11, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUBDIVISION IMPROVEMENT AGREEMENT NO. 2023-125 WITH K. HOVNANIAN AT JAEGER RANCH, LLC
WHEREAS, the City Council approved the Large 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 THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does approve the Final Map of The Ranch Phase 2-Village 15-1, 19, 20, 21-1 Subdivision No. FM-2021-002-011 and does authorize the City Manager to execute Subdivision Improvement Agreement 2023-125 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 2nd day of October 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. 2023-125
Subdivision Improvement Agreement
Between the City of Rancho Cordova and K. Hovnanian at Jaeger Ranch, LLC. 1 SUBDIVISION IMPROVEMENT AGREEMENT
THE RANCH PHASE 2 - VILLAGE 15, 19, 20, 21
SUBDIVISION NO. FM-2021-002-11
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. (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 Phase 2 – Village 15, 19, 20, 21, FM-2021-002-011 and to accept on behalf of the public all lands, rights of way and easements therein offered in dedication, in accordance with the conditions hereinafter set forth.
ITEM 16.2. ATTACHMENT 2 CONTRACT NO. 2023-125
Subdivision Improvement Agreement
Between the City of Rancho Cordova and K. Hovnanian at Jaeger Ranch, LLC. 2 4. Completion of Improvements. In consideration of such approval, Principal agrees to complete the work of improvement required for said subdivision in accordance with the requirements of the Rancho Cordova Municipal Code and such standard specifications created by applicable City ordinances or resolutions which are in effect at the time of the installation of said improvements. The work required may lie within or outside the subdivision and must be completed within 24 months of the date of this Agreement.
5. Payment For Services. Principal further agrees to promptly pay, when due, all costs for plan checking, inspection services and material testing performed by City pursuant to the requirements of Sections 12.03.210 et. seq. of the Rancho Cordova Municipal Code.
6. Acceptance of Improvements. Upon satisfactory completion of all public improvements in accordance with standard specifications created by City ordinances or resolutions which are in effect at the time of the installation of said improvements, City agrees to accept for maintenance the work of improvement within the dedicated parcels shown on said final subdivision map, and any off site easements granted, subject to the provisions of paragraph 8 hereof. Acceptance will be postponed until such time the City determines a public purpose exists. Public Purpose is defined as existence of habitable structures within the subdivision.
7. Notice of Commencement of Work. Principal shall notify the City Engineer in writing of the commencement of the work of improvements.
8. Correction of Defects. Principal agrees to remedy any defects in the improvement arising from faulty or defective construction of said improvements occurring within twelve months after acceptance thereof by City.
9. Indemnity. Principal shall indemnify and hold harmless with counsel selected by the City, the City of Rancho Cordova, its agents, officers, consultants, and employees (“City”) from any and all loss, damage or liability arising out of or resulting from Principal's performance or non-performance of his duties and obligations under this Agreement, or from the negligent act or omission of himself, his agents, servants and employees. Principal shall, at his own cost and expense, defend any and all actions, suits, or legal proceedings arising out of or resulting from the performance or nonperformance of this Agreement, that may be brought or instituted against the City, its officers and employees, on any such claim or demand, and pay or satisfy any judgment that may be rendered against the City in any such action, suit or legal proceedings, or result thereof, regardless whether caused in part by a party indemnified hereunder.
10. Extension of Completion Date. If the construction of the work or improvement
ITEM 16.2. ATTACHMENT 2 CONTRACT NO. 2023-125
Subdivision Improvement Agreement
Between the City of Rancho Cordova and K. Hovnanian at Jaeger Ranch, LLC. 3 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 $9,822,814.72. 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 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
ITEM 16.2. ATTACHMENT 2 CONTRACT NO. 2023-125
Subdivision Improvement Agreement
Between the City of Rancho Cordova and K. Hovnanian at Jaeger Ranch, LLC. 4 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.
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
ITEM 16.2. ATTACHMENT 2 CONTRACT NO. 2023-125
Subdivision Improvement Agreement
Between the City of Rancho Cordova and K. Hovnanian at Jaeger Ranch, LLC. 5 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 16.2. ATTACHMENT 2 CONTRACT NO. 2023-125
Subdivision Improvement Agreement
Between the City of Rancho Cordova and K. Hovnanian at Jaeger Ranch, 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
K. Hovnanian at Jaeger Ranch, LLC.
a California Limited Liability Company
________________________________
Tim Collison, Controller
Date: __________________________ Date: ___________________________ ATTEST:
__________________________________
Stacy Leitner, CMC, City Clerk
1 Sheet of 5
SEPTEMBER 2023
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767Sacramento, CA 95816
SUBDIVISION NO. FM-2021-002-12
THE RANCH
FINAL MAP OF
BEING ALL OF LOT 12 AND A PORTION OF LOTS 13 AND 14
OF THAT CERTAIN LARGE LOT FINAL MAP OF THE RANCH
FILED FOR RECORD IN BOOK 429 OF MAPS, AT PAGE 8, SCR
CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO,
STATE OF CALIFORNIA
VILLAGES 2 AND 7
OWNER'S STATEMENT
RECORDER'S STATEMENT
CITY ENGINEER'S STATEMENT
CITY SURVEYOR'S STATEMENT
No. 64057
AINROFILACFOETATS
K. HOVNANIAN AT JAEGER RANCH, LLC,
A CALIFORNIA LIMITED LIABILITY COMPANY
CITY CLERK'S STATEMENT
SURVEYOR'S STATEMENT
No. 8067
PROFESSIONAL LAND SURVEYOR
AINROFILACFOETATS
DENNIS L. BARBER
NOTARY'S ACKNOWLEDGMENT
BENEFICIARY'S STATEMENT
NOTARY'S ACKNOWLEDGMENT
ITEM 16.2.
ATTACHMENT 3
ALAMOSA DRIVE
PASSERINE COURT
VERDIN CIRCLE
VERDIN CIRCLE
CHRYSANTHY BOULEVARD
WHEAT RIDGE DRIVE
RALLIDAE
COURT
2 Sheet of 5
SEPTEMBER 2023
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767Sacramento, CA 95816
SUBDIVISION NO. FM-2021-002-12
THE RANCH
FINAL MAP OF
BEING ALL OF LOT 12 AND A PORTION OF LOTS 13 AND 14
OF THAT CERTAIN LARGE LOT FINAL MAP OF THE RANCH
FILED FOR RECORD IN BOOK 429 OF MAPS, AT PAGE 8, SCR
CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO,
STATE OF CALIFORNIA
VILLAGES 2 AND 7
NOTES
REFERENCES:
LEGEND
6 3
4 5
BASIS OF BEARINGS
ITEM 16.2.
ATTACHMENT 3
VERDIN CIRCLE
VERDIN CIRCLE
CHRYSANTHY BOULEVARD
WHEAT RIDGE DRIVE
VERDIN CIRCLE
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WHEAT RIDGE DRIVE
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WHEAT RIDGE DRIVE
VERDIN CIRCLE
3 Sheet of 5
SEPTEMBER 2023
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767Sacramento, CA 95816
SUBDIVISION NO. FM-2021-002-12
THE RANCH
FINAL MAP OF
BEING ALL OF LOT 12 AND A PORTION OF LOTS 13 AND 14
OF THAT CERTAIN LARGE LOT FINAL MAP OF THE RANCH
FILED FOR RECORD IN BOOK 429 OF MAPS, AT PAGE 8, SCR
CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO,
STATE OF CALIFORNIA
VILLAGES 2 AND 7
SEE SHEET 4
SEE DETAIL 'A' THIS SHEET
DETAIL 'A' - SCALE: 1" = 1'
DETAIL 'B' - SCALE: 1" = 1'
SEE DETAIL 'B' THIS SHEET
ITEM 16.2.
ATTACHMENT 3
ALAMOSA DRIVE
PASSERINE COURT
WHEAT
R
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DRIVE
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4 Sheet of 5
SEPTEMBER 2023
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767Sacramento, CA 95816
SUBDIVISION NO. FM-2021-002-12
THE RANCH
FINAL MAP OF
BEING ALL OF LOT 12 AND A PORTION OF LOTS 13 AND 14
OF THAT CERTAIN LARGE LOT FINAL MAP OF THE RANCH
FILED FOR RECORD IN BOOK 429 OF MAPS, AT PAGE 8, SCR
CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO,
STATE OF CALIFORNIA
VILLAGES 2 AND 7
SEE SHEET 5
SEE SHEET 3
ITEM 16.2.
ATTACHMENT 3
WHEAT RIDGE DRIVE
RALLIDAE COURT
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5 Sheet of 5
SEPTEMBER 2023
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767Sacramento, CA 95816
SUBDIVISION NO. FM-2021-002-12
THE RANCH
FINAL MAP OF
BEING ALL OF LOT 12 AND A PORTION OF LOTS 13 AND 14
OF THAT CERTAIN LARGE LOT FINAL MAP OF THE RANCH
FILED FOR RECORD IN BOOK 429 OF MAPS, AT PAGE 8, SCR
CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO,
STATE OF CALIFORNIA
VILLAGES 2 AND 7
SEE SHEET 4
ITEM 16.2.
ATTACHMENT 3
CHRYSANTHY BLVD
AMERICANOS BLVD
ALAMOSA DR
COAL CREEK WAY
WHEATRIDGEDR
ROSEFINCH WAY
CHATUM CT
D UCKHAWK
CIR
CROSSROADS
W
AY
PATAGONIAN WAY
SURFBIRD WAY
HAW
KFINCHCIR
VICINITY MAP OF
THE RANCH V 15, 19, 20, 21
SU
BDIVISION NO. FM-2021-002-11
¯
0 300 600
Feet
Aerial Photo Date: March 2022
ATTACHMENT 4
DOUGLAS RD
SUNRISE BLVD
GRANT LINE RD
KIEFER BLVD
LOCATION MAP
Path: X:\GIS_Staff\PROJECTS\PUBLIC_WORKS\DEVELOPMENT\SUBDIVISIONS\THE_RANCH_LLM_PHASE_2\THE_RANCH_LLM_PHASE_2.mxd | Date: 5/18/2023 DETAIL
AREA
ITEM 16.2.
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 16.3.
DATE: October 2, 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 2 AND 7, SUBDIVISION NO. FM-2021-002-012 AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SUBDIVISION
IMPROVEMENT AGREEMENT CONTRACT NO. 2023-122 WITH K.
HOVNANIAN AT JAEGER RANCH, LLC
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the resolution would approve the Final Map of The Ranch Village 2 and 7, Subdivision No. FM-2021-002-012 and authorize the City Manager to execute Subdivision Improvement Agreement Contract No. 2023-122 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 Large Lot Tentative Map on January 6, 2020, per Resolution No. 5-2020. A Development Agreement was entered on February 21, 2020, and recorded on May 1, 2021, in the Official Records of Sacramento County in Book 20200501, Page 0617. A copy of the Final Map, Attachment 3, and a copy of the Vicinity Map, Attachment 4, are included with this report.
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 September 26, 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
ATTACHMENT(S)
City Council Staff Report - Page 2 of 2
1. Resolution
2. The Ranch Village 2 & 7 Contract
3. The Ranch Village 2 & 7 Final Map
4. The Ranch Village 2 & 7 Vicinity Map
ITEM 16.3. 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 2 AND 7, SUBDIVISION NO. FM-2021-002-012, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUBDIVISION IMPROVEMENT AGREEMENT NO. 2023-122 WITH K. HOVNANIAN AT JAEGER RANCH, LLC
WHEREAS, the City Council approved the Large 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 THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does approve the Final Map of The Ranch Village 2 and 7 Subdivision No. FM-2021-002-012 and does authorize the City Manager to execute Subdivision Improvement Agreement 2023-122 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 2nd day of October 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Linda Budge, Mayor
Stacy Leitner, CMC
City Clerk
ITEM 16.3.
ATTACHMENT 2
ITEM 16.3.
ATTACHMENT 2
ITEM 16.3.
ATTACHMENT 2
ITEM 16.3.
ATTACHMENT 2
ITEM 16.3.
ATTACHMENT 2
ITEM 16.3.
ATTACHMENT 2
1 Sheet of 5
SEPTEMBER 2023
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767Sacramento, CA 95816
SUBDIVISION NO. FM-2021-002-12
THE RANCH
FINAL MAP OF
BEING ALL OF LOT 12 AND A PORTION OF LOTS 13 AND 14
OF THAT CERTAIN LARGE LOT FINAL MAP OF THE RANCH
FILED FOR RECORD IN BOOK 429 OF MAPS, AT PAGE 8, SCR
CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO,
STATE OF CALIFORNIA
VILLAGES 2 AND 7
OWNER'S STATEMENT
RECORDER'S STATEMENT
CITY ENGINEER'S STATEMENT
CITY SURVEYOR'S STATEMENT
No. 64057
AINROFILACFOETATS
K. HOVNANIAN AT JAEGER RANCH, LLC,
A CALIFORNIA LIMITED LIABILITY COMPANY
CITY CLERK'S STATEMENT
SURVEYOR'S STATEMENT
No. 8067
PROFESSIONAL LAND SURVEYOR
AINROFILACFOETATS
DENNIS L. BARBER
NOTARY'S ACKNOWLEDGMENT
BENEFICIARY'S STATEMENT
NOTARY'S ACKNOWLEDGMENT
ITEM 16.3.
ATTACHMENT 3
ALAMOSA DRIVE
PASSERINE COURT
VERDIN CIRCLE
VERDIN CIRCLE
CHRYSANTHY BOULEVARD
WHEAT RIDGE DRIVE
RALLIDAE
COURT
2 Sheet of 5
SEPTEMBER 2023
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767Sacramento, CA 95816
SUBDIVISION NO. FM-2021-002-12
THE RANCH
FINAL MAP OF
BEING ALL OF LOT 12 AND A PORTION OF LOTS 13 AND 14
OF THAT CERTAIN LARGE LOT FINAL MAP OF THE RANCH
FILED FOR RECORD IN BOOK 429 OF MAPS, AT PAGE 8, SCR
CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO,
STATE OF CALIFORNIA
VILLAGES 2 AND 7
NOTES
REFERENCES:
LEGEND
6 3
4 5
BASIS OF BEARINGS
ITEM 16.3.
ATTACHMENT 3
VERDIN CIRCLE
VERDIN CIRCLE
CHRYSANTHY BOULEVARD
WHEAT RIDGE DRIVE
VERDIN CIRCLE
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WHEAT RIDGE DRIVE
VERDIN CIRCLE
WHEAT RIDGE DRIVE
VERDIN CIRCLE
3 Sheet of 5
SEPTEMBER 2023
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767Sacramento, CA 95816
SUBDIVISION NO. FM-2021-002-12
THE RANCH
FINAL MAP OF
BEING ALL OF LOT 12 AND A PORTION OF LOTS 13 AND 14
OF THAT CERTAIN LARGE LOT FINAL MAP OF THE RANCH
FILED FOR RECORD IN BOOK 429 OF MAPS, AT PAGE 8, SCR
CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO,
STATE OF CALIFORNIA
VILLAGES 2 AND 7
SEE SHEET 4
SEE DETAIL 'A' THIS SHEET
DETAIL 'A' - SCALE: 1" = 1'
DETAIL 'B' - SCALE: 1" = 1'
SEE DETAIL 'B' THIS SHEET
ITEM 16.3.
ATTACHMENT 3
ALAMOSA DRIVE
PASSERINE COURT
WHEAT
R
IDGE
DRIVE
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4 Sheet of 5
SEPTEMBER 2023
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767Sacramento, CA 95816
SUBDIVISION NO. FM-2021-002-12
THE RANCH
FINAL MAP OF
BEING ALL OF LOT 12 AND A PORTION OF LOTS 13 AND 14
OF THAT CERTAIN LARGE LOT FINAL MAP OF THE RANCH
FILED FOR RECORD IN BOOK 429 OF MAPS, AT PAGE 8, SCR
CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO,
STATE OF CALIFORNIA
VILLAGES 2 AND 7
SEE SHEET 5
SEE SHEET 3
ITEM 16.3.
ATTACHMENT 3
WHEAT RIDGE DRIVE
RALLIDAE COURT
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5 Sheet of 5
SEPTEMBER 2023
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767Sacramento, CA 95816
SUBDIVISION NO. FM-2021-002-12
THE RANCH
FINAL MAP OF
BEING ALL OF LOT 12 AND A PORTION OF LOTS 13 AND 14
OF THAT CERTAIN LARGE LOT FINAL MAP OF THE RANCH
FILED FOR RECORD IN BOOK 429 OF MAPS, AT PAGE 8, SCR
CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO,
STATE OF CALIFORNIA
VILLAGES 2 AND 7
SEE SHEET 4
ITEM 16.3.
ATTACHMENT 3
CHRYSANTHY BLVD
ALAMOSADR
WHEATRIDGEDR
GREY CROW CIR
CHATUM CT
ROCKYFORD WAY
TAWNYOWLWAY
GREENFINCH WAY
ROCKYFOR D
CT
CROSSROADSWAY
GREY CROW CIR
VICINITY MAP OF
THE RANCH VILLAGES 2 AND 7
SUBDIVISION NO. FM-2021-002-12
¯
0 125 250
Feet
Aerial Photo Date: March 2022
ATTACHMENT 4
DOUGLAS RD
RANCHO CORDOVA PKWY
LOCATION MAP
Path: X:\GIS_Staff\PROJECTS\PUBLIC_WORKS\DEVELOPMENT\SUBDIVISIONS\THE_RANCH_VILLAGE_2&7\THE_RANCH_VILLAGE_2&7.mxd | Date: 8/31/2023 DETAIL
AREA
ITEM 16.3.
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 16.4.
DATE: October 2, 2023
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Drew Hart, Senior Transportation Planner
SUBJECT: A RESOLUTION AUTHORIZING THE PUBLIC WORKS DIRECTOR TO
EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT
OF TRANSPORTATION FOR THE FISCAL YEAR 2023-24
SUSTAINABLE TRANSPORTATION PLANNING GRANT PROGRAM
FOR THE RANCHO CORDOVA ACTIVE TRANSPORTATION PLAN
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of this Resolution would authorize the Public Works Director to execute agreements with Caltrans for the Fiscal Year 2023-24 Sustainable Transportation Planning Grant Program for the Rancho Cordova Active Transportation Plan.
BACKGROUND
The City of Rancho Cordova has been awarded $301,295 for the Fiscal Year 2023-24 California Department of Transportation (Caltrans) Sustainable Transportation Planning Grant for the Rancho Cordova Active Transportation Plan. The purpose of the plan is to update the existing Bicycle Master Plan (2016) and Pedestrian Master Plan (2011) by planning a network of enhanced infrastructure which will serve all ages and abilities. This will be done with added emphasis on community listening especially in the City's underserved communities. This will create a blueprint to follow to advance the City from Bronze status to Silver status as a Bicycle Friendly Community, implement objectives in the recently adopted Climate Action and Adaptation Plan, and will be informed by the General Plan Update.
One of the conditions of the grant award is that the governing board adopt a current resolution authorizing a representative to enter into agreements with Caltrans related to the grant. It is recommended that the City Council authorize the Public Works Director to execute all agreements related to the Fiscal Year 2023-24 Caltrans Sustainable Transportation Planning Grant Program for the Rancho Cordova Active Transportation Plan. Caltrans estimates that the grant agreements will be executed and the notice to proceed delivered in January 2024. Staff anticipate the effort taking just under two years to complete. The City is required to complete its project by April 2026.
FISCAL IMPACT AND FUNDING SOURCE
City Council Staff Report - Page 2 of 2
Funding for the Rancho Cordova Active Transportation Plan consists of $301,295 from the Caltrans Sustainable Transportation Planning Grant Program and $99,910 from Measure A - Safety, Streetscaping, Pedestrian and Bicycle Facilities Program for the delivery of this Project.
This Project has no impact on the General Fund.
This Project is included in the City's current approved 2023-28 Capital Improvement Plan.
ATTACHMENT(S)
1. Resolution
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, AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE
AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE FISCAL YEAR 2023-24 SUSTAINABLE TRANSPORTATION PLANNING GRANT PROGRAM
FOR THE RANCHO CORDOVA ACTIVE TRANPORTATION PLAN
WHEREAS, the City has been awarded $301,295 for a Fiscal Year 2023-24 California Department of Transportation (Caltrans) Sustainable Transportation Planning Grant for the Rancho Cordova Active Transportation Plan; and
WHEREAS, one of the conditions of the grant award is that the governing board adopt a current resolution authorizing a representative to enter into agreements with Caltrans related to the grant.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA that the City Council authorizes the Public Works Director to execute all agreements related to Fiscal Year 2023-24 Caltrans Sustainable Transportation Planning Grant Program for the Rancho Cordova Active Transportation Plan.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 2nd day of October 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Linda Budge, Mayor
Stacy Leitner, CMC
City Clerk
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 16.5.
DATE: October 2, 2023
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Ben Chan, Assistant Civil Engineer
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2023-217 IN AN AMOUNT NOT TO EXCEED
$370,410.00 WITH NOR-CAL CONCRETE, INC. TO CONSTRUCT THE 2023 ADA SIDEWALK IMPROVEMENT PROJECT AT VARIOUS
LOCATIONS IN THE CITY
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would award construction Contract No. 2023-217 with Nor-Cal Concrete, Inc. in an amount not to exceed $370,410.00 to construct the 2023 ADA Sidewalk Improvement Project.
BACKGROUND
The City conducts an ongoing program to repair broken sidewalks within residential neighborhoods. The work to be done under this contract (Attachment 2) will consist of removal and replacement of broken concrete curb, gutter, sidewalk, and sidewalk ramps at 57 locations throughout the City (Attachment 3). The locations are prioritized based on severity of damage, proximity to schools or parks, etc.
Bids were solicited on the City’s Website, CIPList.com and the Sacramento, Placer and El Dorado County Builders Exchanges on August 18, 2023. Bids for the project were publicly opened on September 12, 2023. A total of eight bids were received. The lowest responsible total bid amount was $370,410.00. The contract award is based on the lowest total amount of the base bid of 57 locations. The bid summary sheet is provided as Attachment 4.
Staff recommends awarding the construction contract to the lowest responsible bidder, Nor-Cal Concrete, Inc.
FISCAL IMPACT AND FUNDING SOURCE
There is no impact to the City's General Fund. Funding for this contract consists of American Rescue Plan Act Funds. This project is included in the previously approved 2023/2024 budget.
ATTACHMENT(S)
City Council Staff Report - Page 2 of 2
1. Resolution
2. Nor-Cal Concrete Inc Contract 2023-217
3. Nor-Cal Concrete Inc Location Map
4. Nor-Cal Concerte Inc Bid Summary
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, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2023-217 IN AN AMOUNT NOT TO EXCEED $370,410.00 WITH NOR-CAL CONCRETE, INC.
TO CONSTRUCT THE 2023 AMERICANS WITH DISABILITIES ACT (ADA) SIDEWALK
IMPROVEMENT PROJECT
WHEREAS, the City solicited bids for the 2023 ADA Sidewalk Improvement Project under the requirements of State and local law and publicly opened bids on September 12, 2023; and
WHEREAS, the lowest responsible bidder was Nor-Cal Concrete, Inc.; and
WHEREAS, adoption of this resolution will award construction Contract No. 2023-217 to Nor-Cal Concrete, Inc. in an amount not to exceed $370,410.00 for the 2023 ADA Sidewalk Improvement Project; and
WHEREAS, funding for this contract consists of all ARPA Fund. There is no impact to the City’s General Fund; and
WHEREAS, this project was reviewed under the requirements of the California Environmental Quality Act (CEQA) at the time the City approved its five year Capital Improvement Program, and it has been determined to be exempt from further review pursuant to CEQA Regulation 15301(l) regarding repairs, maintenance, or minor alterations to “existing facilities,” so long as the project only involves negligible or no expansion beyond the current facilities.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract No. 2023-217 in an amount not to exceed $370,410.00 with Nor-Cal Concrete, Inc. in a form approved by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 2nd day of October 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
ITEM 16.5. ATTACHMENT 1 Resolution No. XX-2023 Page 2 of 2 Linda Budge, Mayor
Stacy Leitner, CMC
City Clerk
CONTRACT NO. 2023-217
5039694.3
Construction Services Agreement between October 2023
City of Rancho Cordova and Nor-Cal Concrete, Inc. Page 1 of 18
CONSTRUCTION SERVICES AGREEMENT BETWEEN
THE CITY OF RANCHO CORDOVA AND NOR-CAL CONCRETE, INC.
FOR THE 2023 ADA SIDEWALK IMPROVEMENT PROJECT
CITY PROJECT NO. CP23-2230
THIS AGREEMENT made and entered into between the City of Rancho Cordova (“City”) and Nor-Cal Concrete, Inc. (“Contractor”) as of October 3, 2023.
W I T N E S S E T H:
WHEREAS , the City Council for the City heretofore caused plans and specifications for the 2023 ADA Sidewalk Improvement Project (“Project”) to be prepared, and therefore did approve and adopt said plans and specifications; and
WHEREAS, the City Council for the City did cause to be published for the time and in the manner required by law, a notice inviting sealed bids for the performance of said work; and WHEREAS, the notice was published on August 18, 2023 on CIPList.com and the City of Rancho Cordova Website (“Notice”); and
WHEREAS, the Contractor, in response to such Notice, submitted to the City Council for the City within the time specified in said Notice, and in the manner provided for therein, a sealed bid for the performance of the Project specified in said plans and specifications, which said bid and proposal, and other bids and proposals submitted in response to said Notice, the City Council opened and canvassed in the manner provided by law; and WHEREAS, the Contractor was the lowest responsible bidder for the performance of said Project, and said City Council for the City as a result of the canvass of said bids, did determine and declare Contractor to be the lowest responsible bidder for said Project and award to a contract therefore.
NOW THEREFORE, in consideration of the promises herein, it is mutually agreed between the parties hereto as follows:
Section 1. CONTRACT DOCUMENTS. The following documents are by this reference incorporated in and made a part of this Agreement: The County of Sacramento, Standard Construction Specifications dated January 2016; the Special Provisions; the contract drawings, all addenda; the Notice to Contractors; the Proposal; all required bonds; and all supplemental Agreements covering alterations, amendments, or extensions to the contract. The documents which describe the work to be performed are sometimes collectively referred to herein as the Plans and Specifications.
Section 2. TERM. The term of this Agreement shall begin on the date first noted above and shall end on December 31, 2024.
Section 3. SCOPE OF WORK. The Contractor will furnish all labor, materials, services, transportation, appliances, and mechanical workmanship required for Contract No. 2023-217 as provided for and set forth in said Plans and Specifications, or in either of them, which said Plans and Specifications are hereby referred and by such reference incorporated herein and made a part of ITEM 16.5.
ATTACHMENT 2
CONTRACT NO. 2023-217
5039694.3
Construction Services Agreement between October 2023
City of Rancho Cordova and Nor-Cal Concrete, Inc. Page 2 of 18 this Agreement. All of the said work done under this Agreement shall be under the supervision of and performed to the satisfaction of the Public Works Director of the City of Rancho Cordova who shall have the right to reject any and all materials and supplies furnished by the Contractor which do not comply with the Plans and Specifications, together with the right to require the Contractor to replace any and all work furnished by the Contractor which shall not either in workmanship or material be in strict accordance with the Plans and Specifications.
Section 4. COMPLETION. Said work shall be completed and ready for acceptance.
Section 5.
PAYMENT. Attached hereto as Exhibit “A” and by reference made a part hereof, is the bid and proposal of Contractor. Said bid and proposal will contain, as required by the terms of said specifications, the full and complete schedule of the different items with the lump sums or unit prices as so specified. The City agrees in consideration of the work to be performed for the Project herein and subject to the terms and conditions thereof, to pay Contractor all sums of money which may become due to Contractor in accordance with the terms of the aforesaid bid and proposal, and this Agreement, to wit: Three Hundred Seventy Thousand Four Hundred Ten Dollars and Zero Cents ($370,410.00). Said sum shall be paid in accordance with Section 8 of the Standard Specifications. With respect to that portion of the above sum as is based upon the estimated quantities specified for the general scope of the work to be performed herein, actual payment will be based upon the quantities as measured upon completion. No payment made under this Agreement shall be construed to be an acceptance of defective work or improper materials.
Section 6. PREVAILING WAGES. To the extent required by law, Contractor and all of the Contractor’s subcontractors shall comply with California Health and Safety Code Section 33422.1 and shall comply with California Labor Code Section 1770 et seq. and all regulations adopted pursuant thereto (referred to herein as, “Prevailing Wage Laws”), and be responsible for carrying out the requirements of such provisions. Pursuant to the provisions of Articles 1 and 2 of Chapter 1, Part 7, Division II, of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages, and not less than the general prevailing rate of per diem wages for holidays and overtime work, for each craft, classification or type of worker needed to execute the Project contemplated under this Agreement shall be paid to all workers, laborers and mechanics employed in the execution of said Project by Contractor, or by any subcontractor doing or contracting to do any part of said Project. The appropriate determination of the Director of the California Department of Industrial Relations is filed with, and available for inspection at 2729 Prospect Park Drive, Rancho Cordova, CA 95670, the office of the Clerk of the City. Contractor shall post, at each job site, a copy of such prevailing rate of per diem wages as determined by the Director for the California Department of Industrial Relations. The Contractor shall, and hereby agrees to, unconditionally indemnify, reimburse, defend, protect and hold harmless the City and its elective and appointive boards, commissions, officers, agents, attorneys, consultants and employees, and all of their respective successors and assigns, from and against any and all claims, demands, suits and actions at law or in equity, and losses, liabilities, expenses, penalties, fines, orders, judgments, injunctive or other relief, and costs and damages of every kind, nature and description (including but not limited to attorneys’ fees and court costs; with counsel reasonably acceptable to the City), and administrative, enforcement or judicial proceedings, whether known or unknown, and which directly or indirectly, in whole or in part, are caused by, arise from, or relate to, or are alleged to be caused by, arise from, or relate to, the payment or requirement of payment of prevailing wages or the requirement of competitive bidding in the construction of the Project, the failure to comply with any state or federal labor laws, regulations or standards in connection with this Agreement, including but not limited to California Labor Code Section 1770 et seq. and the Prevailing Wage Laws, or any act or omission of the City or the Contractor related to this Agreement with respect to the payment or requirement of payment of prevailing wages or the requirement of competitive bidding, whether or not any ITEM 16.5.
ATTACHMENT 2
CONTRACT NO. 2023-217
5039694.3
Construction Services Agreement between October 2023
City of Rancho Cordova and Nor-Cal Concrete, Inc. Page 3 of 18 insurance policies shall have been determined to be applicable to any such claims, demands, suits, actions, losses, liabilities, expenses, penalties, fines, orders, judgments, injunctive or other relief, costs, damages, or administrative, enforcement or judicial proceedings. It is further agreed that the City does not, and shall not, waive any rights against the Contractor which they may have by reason of this indemnity and hold harmless agreement because of the acceptance by the City, or the deposit with the City by the Contractor, of any of the insurance policies described in this Agreement.
Section 7. INSURANCE . The Contractor shall carry and maintain for the duration of the term of this Agreement, such public liability, property damage and contractual liability, auto, worker’s compensation and builders’ risk insurance as required by the specifications.
Section 8. WORKERS’ COMPENSATION CERTIFICATION. By execution of this Agreement, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Section 9. PERFORMANCE AND PAYMENT BONDS . The Contractor shall, before beginning said work for the Project, file two (2) bonds with the City, each made payable to the City. These bonds shall be issued by a surety company authorized to do business in the State of California and shall be maintained during the entire life of the Agreement at the expense of the Contractor. One bond shall be in the amount of one hundred percent (100%) of the Agreement and shall guarantee the faithful performance of the Agreement. The second bond shall be the payment bond required by California Civil Code Section 3247 et seq. and shall be in the amount of one hundred percent (100%) of the Agreement. Any alterations made in the specifications which are a part of this Agreement or in any provision of this Agreement shall not operate to release any surety from liability on any bond required hereunder and the consent to make such alterations is hereby given, and any surety on said bonds hereby waives the provisions of California Civil Code Sections 2819 and 2845.
Section 10. INDEMNIFICATION.
10.1 Contractor’s Performance. Contractor shall indemnify, defend with counsel selected by the City, and hold harmless City, its officers, agents, employees and representatives from and against any and all claims, losses, liabilities or damages, demands and actions, including payment of reasonable attorney’s fees, arising out of or resulting from Services performed pursuant to this Agreement caused in whole or in part by any negligent or willful act or omission of Contractor, its officers, agents, employees, or anyone directly or indirectly acting on behalf of Contractor. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and ITEM 16.5.
ATTACHMENT 2
CONTRACT NO. 2023-217
5039694.3
Construction Services Agreement between October 2023
City of Rancho Cordova and Nor-Cal Concrete, Inc. Page 4 of 18
agrees to the provisions of this Section and that it is a material element of consideration.
10.2 PERS Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing Services under this Agreement is determined by a court of competent jurisdiction of the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any and all employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and any attorneys’ fees and costs incurred by the City to enforce this Section.
10.3 No Limitation of Liability for Indemnification. The indemnities set forth in this Section shall not be limited by the insurance requirements set forth in the Contract.
Section 11. Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Contractor thereby. Contractor shall include the provisions of this section in any subcontract approved by the City.
Section 12. AMENDMENTS. No modification or amendment of this Agreement is effective unless made in writing and signed by both the City and Contractor.
Section 13. ASSIGNMENT AND SUBCONTRACTING. Contractor shall not assign or transfer any interest in this Agreement without the prior written consent of the City.
Section 14. MISCELLANEOUS PROVISIONS .
14.1 Successors. This Agreement shall bind and inure to the heirs, devisees, assignees, and successors in interest of Contractor and to the successors in interest of Contractor in the same manner as if such parties had been expressly named herein.
All times stated herein or in the contract documents are of the essence hereof. As used in this instrument the singular includes the plural, and the masculine includes the feminine and the neuter. This Agreement may create a possessory interest subject to property taxation, and Contractor may be subject to the payment of property taxes levied on such interest.
14.2 Contract Administration. This Agreement shall be administered by Jesse Yabes ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
14.3 Notices. Any written notice to Consultant shall be sent to:
Joe Ardave
Nor-Cal Concrete, Inc.
ITEM 16.5.
ATTACHMENT 2
CONTRACT NO. 2023-217
5039694.3
Construction Services Agreement between October 2023
City of Rancho Cordova and Nor-Cal Concrete, Inc. Page 5 of 18 P.O. Box 521
Suisun, CA 94585
707-425-6144
[email protected]
Any written notice to Cit
y shall be sent to:
Ben Chan
City of Rancho Cordova
Department of Public Works
2729 Prospect Park Drive
Rancho Cordova, CA 95670
14.4 IRS Form W-9. Contractor shall complete and submit Internal Revenue Service Form W-9 to the City before execution of this Agreement. The City’s Finance Director shall have authority to waive this requirement.
14.5 Governing Law and Venue. The laws of the State of California shall govern this Agreement. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Sacramento or in the United States District Court for the Eastern District of California.
14.6 Attorneys’ Fees. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
14.7 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
14.8 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
14.9 Survival. The obligations of this Agreement, which by their nature would continue beyond the term or expiration of this Agreement, including without limitation obligations regarding indemnification shall survive the term or expiration of this Agreement.
14.10 Entire Agreement. This Agreement, including the terms of payment attached hereto and incorporated herein as Exhibit A, and the Contract Documents as referenced above in Section 1, of this Agreement, represents the entire and integrated Agreement between City and Contractor and supersedes all prior negotiations, representations, and Agreements regarding the subject matter of this Agreement, either written or oral.
ITEM 16.5.
ATTACHMENT 2
CONTRACT NO. 2023-217
5039694.3
Construction Services Agreement between October 2023
City of Rancho Cordova and Nor-Cal Concrete, Inc. Page 6 of 18 Section 15. REQUIRED CONTRACT PROVISIONS – FHWA 1273 – REVISED JULY 5, 2022,
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:
ATTACHMENTS
A. Employment and Mat
erials Preference for Appalachian
Development Hi
ghway System or Appalachian Local Access
Road Cont
racts (included in Appalachian contracts only)
I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each construction contract funded unde
r title 23, United States
Code, as req
uired in 23 CFR 633.102(b) (excluding
emergency contr
acts solely intended for debris removal). The
contractor (or subcontractor) must insert this form in each subcontract and f
urther require its inclusion in all lower tier
subcontracts (excluding purchase orders, r
ental agreements
and other
agreements for supplies or services). 23 CFR
633
.102(e).
The applicable requirements of Form FHWA-1273 are
incorporated by reference fo r work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontra ctor or service provider. 23 CFR 633.102(e).
Form FHWA-1273 must be included in all Federal-aid design- build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontr acts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or req uest-for-proposals documents, however, the Form FHWA-1273 must be physically
incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excl uding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b).
2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work perform
ed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and t
o all work performed on the
contract by piecework, station wor
k, or by subcontract. 23
CFR 63
3.102(d).
3. A breach of any of the stipulations contained in these Required C
ontract Provisions may be sufficient grounds for
withholding of pr
ogress payments, withholding of final
payment, termin
ation of the contract, suspension / debarment
or any other action determined to be appropriate by the contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits o
f a construction project on a Federal-aid
highway unless it
is labor performed by convicts who are on
parole, supervised release, or p
robation. 23 U.S.C. 114(b) .
The term
Federal-aid highway does not include roadways
functionally classified as local roa
ds or rural minor collectors.
23 U.S.C. 101
(a).
II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to ma terial supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the requirements of the Equal Oppor tunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and
the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA
requirements.
1. Equal Employment Opportunity: Equal Employment
Oppo
rtunity (EEO) requirements not to discriminate and to take affirmative action to assure equ
al opportunity as set forth under
laws, executive o
rders, rules, regulations (see 28 CFR Part 35,
29 C
FR Part 1630, 29 CFR Parts 1625-1627, 41 CFR
Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provis ions prescribed herein, and ITEM 16.5.
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City of Rancho Cordova and Nor-Cal Concrete, Inc. Page 7 of 18 imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this c ontract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the Fede
ral Government to ensure that it has made every good
faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5). b. The contractor will accept as its operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during
employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitm ent or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including
apprenticeship, pre-apprenticeship, and/or on-the-job
training."
2. EEO Officer: The contractor will designate and make known to the contr
acting officers an EEO Officer who will have the
responsibility for and must be capable of effectively
administering and promoting
an active EEO program and who
must be assigned adequate a
uthority and responsibility to do
so.
3. Dissemination of Policy: All members of the contractor's staff who are
authorized to hire, supervise, promote, and
discharge employees, or who rec
ommend such action or are
substantially
involved in such action, will be made fully
cognizant of and
will implement the contractor's EEO policy
and contractual
responsibilities to provide EEO in each grade
and classification
of employment. To ensure that th e above
agr
eement will be met, the following actions will be taken as a minim
um:
a. Periodic meetings of supervisory and personnel office employees
will be conducted before the start of work and then
not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official.
b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the pr
oject will be instructed by the EEO Officer in the
contractor's procedures for locating and hiring minorities and women.
d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to e
mployees,
applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or
other appropriate means.
4. Recruitment: When advertising for employees, the
contractor will
include in all advertisements for employees the
notation: "An Equal Opportunity Employer." All such
advertisements will be placed in
publications having a large
circulation among minorities and women in the a
rea from
which the project work force wo
uld normally be derived.
a. The contractor will, unless precluded by a valid
bargaining agree
ment, conduct systematic and direct
recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining
agreement
providing for exclusive hiring hall referrals, the
contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to refer minorities and women as applicants for employment.
Information and procedures with regard to referring such applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, t
ransfer, demotion, layoff, and termination, shall be
taken without regard to race, color, religion, sex, sexual orientation, gend
er identity, national origin, age or disability.
The following pro
cedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine w
hether there is evidence of
discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and incr
easing the skills of minorities and women who are
applicants for employment or current employees. Such efforts ITEM 16.5.
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should be aimed at developing full journey level status employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.
7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association ac ting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.
c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so would cause an undue hardship.
9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.
a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract.
b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.
10. Assurances Required:
a. The requirements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business Enterprise
(DBE) program are incorporated by reference.
b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non- responsible.
c. The Title VI and nondiscrimination provisions of U.S.
DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.
11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the following:
(1) The number and work hours of minority and non-
minority group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women.
b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non- minority group employees currently engaged in each work ITEM 16.5.
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classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.
As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for empl oyees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such
segregated use by written or oral policies nor tolerate such use by employee custom. The cont ractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing pr ovided for employees. The contractor shall provide separat e or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardle ss of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113.
This excludes roadways functiona lly classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101.
Where applicable law requires t hat projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements.
1. Minimum wages (29 CFR 5.5)
a. All laborers and mechanics employed or working upon
the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechani cs, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics s hall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actua lly performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each
classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classificati on in which work is performed.
The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this
section) and the Davis-Bacon poster (WH–1321) shall be
posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contractin g officer shall approve an additional classification and wa ge rate and fringe benefits therefore only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage determination; and
(ii) The classification is utilized in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division, U.S.
Department of Labor, Washington, DC 20210. The
Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested ITEM 16.5.
ATTACHMENT 2
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City of Rancho Cordova and Nor-Cal Concrete, Inc. Page 10 of 18 parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(4) The wage rate (including fringe benefits where
approp
riate) determined pursuant to paragraphs 1.b.(2) or
1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from t
he first day
on which work is perform
ed in the classification.
c. Whenever the minimum wage rate pr
escribed in the
contract for a class of laborer s or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
d. If the cont
ractor does not make payments to a trustee or
other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
2. Withholding (29 CFR 5.5)
The contracting agency shall upon its own action or upon written request of an authorized representative of the
Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics,
including apprentices, trainees, a nd h
elpers, employed by the
contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause th e suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
3. Payrolls and basic records (29 CFR 5.5)
a. Payrolls and basic records relating thereto shall be maintained by
the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis- Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
b. (1) The contractor shall s ubmit
weekly for each week in
which any contra
ct work is performed a copy of all payrolls to
the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifyi ng number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desir ed. Optional Form WH–347 is available for this purpose fr om the Wage and Hour Division Web site. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors.
Contractors and subcontractors s hall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.
Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or
subcontractor or his
or her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the following:
(i) That the payroll for the payroll period contains the information required to be provided under 29 CFR
5.5(a)(3)(ii), the appropriate information is being
maintained under 29 CFR 5.5(a)(3)(i), and that such
information is correct and complete;
(ii) That each laborer or mechanic (including
each
helper, apprentice, and trainee) employed on the
contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made
either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3;
(iii) That each laborer or mechanic has been paid not
less
than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed, as specified in the applicable wage determination
incorporated into the contract.
(2) The weekly submission of a properly executed
certification set f
orth on the reverse side of Optional Form
WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(2) of this section.
(3) The falsification of any of the above certifications may ITEM 16.5.
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City of Rancho Cordova and Nor-Cal Concrete, Inc. Page 11 of 18 subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.
c. The contracto
r or subcontractor shall make the records
required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be
grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and trainees (29 CFR 5.5)
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recogni zed by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but who has been certified by the Offi ce of Apprenticeship Training, Employer and Labor Services or a State
Apprenticeship Agency
(where appropriate) to be eligible for probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is
performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the appr enticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable
classification. If the Administra tor determines that a different practice prevails for the app licable apprentice classification, fringes shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training
Administration.
The ratio of trainees to journey men on the job site shall not be greater than permitted under the plan approved by the
Employment and Training Administration.
Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which
provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Admini stration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actua lly performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.
In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
c. Equal employment opportunity. The utilization of
apprentices, train
ees and journeymen under this part shall be
in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29 CFR part 30.
d. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees work ing under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway c onstruction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be
established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall
comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract as provided in 29 C
FR 5.5.
6. Subcontracts. The contractor or subcontractor shall insert ITEM 16.5.
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Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5.
9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor
set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
10. Certification of eligibility (29 CFR 5.5)
a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the over time provisions of the Contract Work Hours and Safety Standards Act. These
clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR
5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1 of this section, the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in paragraph 1 of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 of this section. 29 CFR 5.5.
* $27 as of January 23, 2019 (See 84 FR 213-01, 218) as may be adjusted annually by the Department of Labor; pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990)
3. Withholding for unpaid wages and liquidated damages.
The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 of this section. 29 CFR 5.5.
4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. 29 CFR 5.5.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.
1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).
a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.
Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the ITEM 16.5.
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following conditions: (based on longstanding interpretation)
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;
(3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all other Federal regulatory requirements.
"Specialty Items" shall be constr ued to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102.
2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the
contractor under the contract provisions.
3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engi neering services) as the contracting officer determines is necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the
contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long- standing interpretation of 23 CFR 635.116).
5. The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d).
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635).
The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108.
2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10.
Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.
3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essentia l that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of F ederal law. To prevent any
misunderstanding regarding the seriousness of these and similar acts, Form FHWA- 1022 shall be posted on each
Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily ava ilable to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or co rporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the
submission of plans, maps, specif ications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or fa lse claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the c onstruction of any highway or related project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 ITEM 16.5.
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years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.326.
By submission of this bid/propos al or the execution of this contract or subcontract, as a ppropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II.
The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.326.
X. CERTIFICATION REGARDING EBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and
1200.220.
1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below.
b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320.
c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325.
d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or
general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered
Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier
Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and
suppliers).
f. The prospective first tier participant agrees by
submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330.
g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000
threshold. 2 CFR
180.220 and 180.300.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended,
ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is
erroneous. 2 CFR 180.300; 180.320, and 180.325. A
participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to
participate in covered transactions. 2 CFR 180.335. To
verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/).
2 CFR 180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily ITEM 16.5.
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* * * * *
2. Certification Regarding Debarment, Suspension,
Ineligi
bility and Voluntary Exclusion – First Tier
Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this
proposal been co
nvicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and
(4) Have not within a three-year period preceding this
application/propo
sal had one or more public transactions
(Federal, State or local) terminated for cause or default. 2 CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability that has been as
sessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements).
b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an expla
nation to this proposal. 2
CFR 18
0.335 and 180.340.
3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective lower tier participant is
providing the certification set out below.
b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this
proposal is
submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred,"
"suspended," "in
eligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.
You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those
regulations.
“First Tier Covered Transactions” refers to any
covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, shou
ld the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated. 2 CFR 1200.220 and 1200.332.
f. The prospective lower tier participant further agrees by submitting this proposal that it
will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarr
ed, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR
180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing shall be construed to require establishment of a system
of records in order to render
in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of ITEM 16.5.
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* * * * *
Certification
Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
1. The prospective lower tier participant certifies, by submission of this
proposal, that neither it nor its principals:
(a) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Fede
ral department or agency, 2
CFR 18
0.355;
(b) is a corporation that has been convicted of a felony violation under any Federal law w
ithin the two-year period
preceding this
proposal (USDOT Order 4200.6 implementing
appropriations act requirements); and
(c) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies
have been exhausted, or have lapsed, and that is
not being paid in
a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability. (USD
OT Order 4200.6 implementing appropriations act
re
quirements)
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this pr
oposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This
provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.
1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and b
elief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on be
half of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or
entered into.
Submission of this ce rtification is a prerequisite
for making or ent
ering into this transaction imposed by 31
U.S.C. 1352.
Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier
subcontracts, which
exceed $100,000 and that all such recipients shall certify and disclose accordingly.
USE OF UNITED STATES-FLAG VESSELS:
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381.
This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract.
When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees:
To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment,
material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7.
To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in par agraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier's (mas ter) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARA D by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7.
ITEM 16.5.
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ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR
APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B) This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except:
a. To the extent that qualified persons regularly residing in the area are not available.
b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below.
2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service.
3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required.
4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above.
5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region.
6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work.
ITEM 16.5.
ATTACHMENT 2
CONTRACT NO. 2023-217
5039694.3
Construction Services Agreement between October 2023
City of Rancho Cordova and Nor-Cal Concrete, Inc. Page 18 of 18 IN WITNESS WHEREOF, the City Council and Contractor have caused this Agreement to be executed as of the day and year first above written.
CITY OF RANCHO CORDOVA: CONTRACTOR:
Micah Runner, City Manager Joe Ardave, President
______
D a t e Da t e
Attest:
Stacy Leitner, CMC, City Clerk
Date
Approved as to Form:
Adam U. Lindgren, City Attorney
Date
Last revised June 23, 2022
ITEM 16.5.
ATTACHMENT 2
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Edgar Medina, Public Works
Ben Chan, Public Works
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ATTACHMENT 4
ITEM 16.5.
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 16.6.
DATE: October 2, 2023
TO: Honorable Mayor and Council Members
FROM: Michelle Mingay, Senior Finance Analyst
SUBJECT: A RESOLUTION APPROVING THE ANNEXATION OF THE RANCH (ACTIVE ADULT) INTO THE CITY OF RANCHO CORDOVA
COMMUNITY FACILITIES DISTRICT NO. 2013-2 (POLICE SERVICES)
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
In September 2023, the property owners signed a unanimous approval of the annexation to CFD No. 2013-2. Adoption of the Resolution would approve Annexation Map No. 12 for the Ranch (Active Adult) project into Community Facilities District No. 2013-2 (Police Services) (hereinafter “CFD No. 2013-2”), and direct the City Clerk to execute and record the Boundary Map and Notice of Special Tax Lien for the project.
BACKGROUND
On December 17, 2012, the City adopted a resolution of intention to establish a Community Facilities District (CFD) and Future Annexation Area for Citywide police services. On January 22, 2013, the City adopted the resolution forming CFD No. 2013-2 pursuant to the Mello-Roos Community Facilities Act of 1982 (State of California Government Code Section 5311 et seq.) (the “Act”). The action defining the Future Annexation Area for the District provided for a more efficient process for the annexation of property when the property owners have provided for their unanimous consent. Defining the Future Annexation Area provided the resolution of intention, noticing, and public hearing for the entire Future Annexation Area so these steps do not need to be repeated for each annexation.
The annexation process for projects within the Future Annexation Area has been simplified to receiving a petition and waiver from the property owner(s), the City Council approving the Annexation Boundary Map by resolution, followed by the recording of the Annexation Map and Notice of Special Tax Lien by the City Clerk.
FISCAL IMPACT AND FUNDING SOURCE
The project included in this action was conditioned to annex to provide funding for police services. This condition will be met with the annexation of the project into CFD No. 2013-2.
ATTACHMENT(S)
City Council Staff Report - Page 2 of 2
1. Resolution
2. Exhibit A to the Resolution - Annexation Boundary Map
3. Exhibit B to the Resolution - Amendment to Notice Spec Tax Ln Police Tax
ITEM 16.6. 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 BOUNDARY MAP FOR THE RANCH (ACTIVE ADULT)
ANNEXATION INTO THE CITY OF RANCHO CORDOVA COMMUNITY FACILITIES DISTRICT NO. 2013-2 (POLICE SERVICES)
WHEREAS, the Conditions of Approval for the Stone Creek Village Subdivision requires the property owner/applicant to provide funding for police services; and WHEREAS, on December 17, 2012, the City adopted Resolution No. 122-2012 declaring its intention to establish Community Facilities District No. 2013-2 (Police Services) (the “District”) and Future Annexation Area. On January 22, 2013, the City adopted Resolution No. 10-2013 forming CFD No. 2013-2 pursuant to the Mello-Roos Community Facilities Act of 1982 (State of California Government Code Section 5311 et seq.) (the “Act”); and
WHEREAS, the action defining the Future Annexation Area for the District provided for a more efficient process for the annexation of property when the property owners have provided for their unanimous consent such that the annexation process for projects within the Future Annexation Area has been reduced to receiving a petition, consent and waiver from the property owner(s); and
WHEREAS, in September 2023, the property owner executed a unanimous approval form which irrevocably consents to and votes in favor of the annexation of the property to the District and the levy of the special tax on the property to finance the services of the CFD in accordance with the Rate and Method of the District; and
WHEREAS, in the case of annexation proceedings, pursuant to Streets and Highways Code Section 3110.5 a separate map of the area proposed to be annexed is required to be prepared and adopted; and
WHEREAS, City staff has caused to be prepared Annexation Map No. 12 for the property known as the Ranch (Active Adult) project, Exhibit A attached hereto, for the annexation of the property to CFD No. 2013-2 (Police Services).
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA as follows:
1. The Council finds and determines the above recitals are true and correct.
2. Council approves Annexation Map No. 12 and finds and determines that the territory shown in the Annexation Map is hereby added to and made a part of the District with full legal effect.
3. The City Clerk is directed to execute and record Annexation Map No. 12 in the office of the County Recorder of Sacramento County not later than 15 days after the adoption of this resolution.
ITEM 16.6. ATTACHMENT 1 Resolution No. XX-2023 Page 2 of 2
4. The City Council finds and determines that a special tax shall be levied within the Territory to be annexed and which special tax shall be the same as the tax to be levied within the District. Collection of said tax shall commence as outlined in the rate and method of apportionment of said tax and shall be as set forth in the Resolution of Formation of the District.
5. The City Clerk is directed to execute and record a Notice of Special Tax Lien in substantially the same form as shown in Exhibit B attached hereto, in the office of the County Recorder of Sacramento County not later than 15 days after recordation of the Annexation Map No. 12.
6. The City Council finds and determines that adoption of this Resolution is not a “project” under the California Environmental Quality Act, because the Resolution does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378(b)(4).
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 2nd day of October 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Linda Budge, Mayor
Stacy Leitner, CMC
City Clerk
RANCHO CORDOVA PKWY
CHRYSANTHY BLVD
APN
067-2420-033APN
067-2420-032
APN
067-2420-027
APN
067-2420-029
APN
067-2420-030
APN
067-2420-031
APN
067-2420-028
APN
067-2420-023
APN
067-2420-022
APN
067-2420-034
APN
067-2420-024
APN
067-2420-018
APN
067-2420-020
APN
067-2420-026
APN
067-2420-021
APN
067-2420-019
APN
067-2420-025
APN
067-2420-001
PROPOSED BOUNDARY MAP
1 1
!
1 " = 500 '
Legend
Annexation Boundary
REFERENCE THE SACRAMENTO COUNTY ASSESSOR'S MAPS FOR A DETAILED DESCRIPTION OF PARCEL LINES AND DIMENSIONS
SUNRISE BLVD
DOUGLAS RD
KIEFER BLVD
NIKE RD
GRANT LINE RD
US 50
WHITE ROCK RD
VICINITY MAP
ANNEXATION
LOCATION
CITY OF RANCHO CORDOVA
COMMUNITY FACILITIES DISTRICT NO. 2013-2
(POLICE SERVICES)
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
PROPOSED BOUNDARY OF
ANNEXATION 12
(THE RANCH ACTIVE ADULT) TO
City of Rancho Cordova
Community Facilities District No. 2013-2
Annexation 12 (The Ranch Active Adult)
County of Sacramento, California
Sheet ____ of ____
HARRIS & ASSOCIATES
101 PROGRESS, SUITE 250
IRVINE, CALIFORNIA 92618
800-827-4901
CLERK'S MAP STATEMENT
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF RANCHO CORDOVA THIS ______ DAY OF ______________ 2023. _____________________________________________
CITY CLERK OF THE CITY OF RANCHO CORDOVA
CLERK'S MAP STATEMENT
I HEREBY CERTIFY THAT THE AREA SHOWN ON THIS MAP OF THE PROPOSED ANNEXATION 12 TO COMMUNITY FACILITIES DISTRICT NO. 2013-2, (POLICE SERVICES), CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA,
WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA AT A REGULARLY SCHEDULED MEETING THEREOF, HELD ON THE ____ DAY OF ______________ 2023. BY ITS RESOLUTION NO. _____________. _____________________________________________
CITY CLERK OF THE CITY OF RANCHO CORDOVA
COUNTY RECORDER'S FILING STATEMENT
FILED THIS ______ DAY OF ________________ 2023. AT THE HOUR OF ___________ O'CLOCK ____.M. IN BOOK _______ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS PAGE NO. _____ IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF SACRAMENTO, STATE OF CALIFORNIA.
DONNA ALLRED
BY: ___________________________________________________ DEPUTY
FILE: ___________________________________________________
COUNTY RECORDER OF THE COUNTY OF SACRAMENTO, CALIFORNIA ITEM 16.6.
ATTACHMENT 2
Exhibit A to the Resolution
RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:
Cit
y Clerk
City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 95363
(SPACE ABOVE THIS LINE RESERVED FOR
RECORDER’S USE)
REVISED AMENDMENT NO. 12 TO
NO
TICE OF SPECIAL TAX LIEN
RE
LATIVE TO THE
CI
TY OF RANCHO CORDOVA
C
ommunity Facilities District No. 2013-2
(Police Services)
ITEM 16.6.
ATTACHMENT 3
Exhibit B to the Resolution
2 CITY OF RANCHO CORDOVA
Community Facilities District No. 2013-2
(Police Services)
Annexation No._12
Pursuant to the requirements of Section 3117.5 of the Streets and Highways Code of California and the Mello-Roos Community Facilities Act of 1982, as amended, section 53311, et. seq., of the California Government Code (the “Act”), the undersigned City Clerk of the City of Rancho Cordova (the “City”), County of Sacramento, State of California, hereby gives notice that a lien to secure payment of a special tax, which the City is authorized to levy, is hereby imposed on the property described herein. The special tax secured by this lien is authorized to be levied for the purpose of paying for certain municipal services set forth in that certain Notice of Special Tax Lien heretofore recorded in the Office of the County Recorder of the County of Sacramento, State of California on March 12, 2013 as Document No. 20130312 page 0318 to which recorded Notice of Special Tax Lien reference is hereby made and the provisions of which are hereby incorporated by this reference.
This Amendment No. 12 to Notice of Special Tax Lien amends the Notice of Special Tax Lien to add to the territory of the CFD. The territory and future annexation area included in the original CFD is set forth in the map of the CFD heretofore recorded in the Sacramento County Recorder’s Office at Book 114 of Maps of Assessment and Community Facilities Districts at Page 18 as Document No. 20130102PG1208, (the “Original Boundary Map”) to which map reference is hereby made. The territory to be added from the future annexation area is that cert ain real property identified in the map of the Annexed Territory recorded in the Sacramento County Recorder’s Office at Book ____, at Page ___ as Document No. ______________, which map together with the Original Boundary Map are now the final boundary maps of the CFD including the Annexed Territory.
This annexed property is placed in Tax Zone 1 for purposes of computation of the Special Tax.
The assessor’s tax parcel(s) numbers of all parcels or any portion thereof which are included in this Amendment No. 12 to Notice of Special Tax Lien, together with the name(s) of the owner(s) thereof, as they appear on the latest secured assessment roll as of the date of recording hereof or as are otherwise known to the Authority are as set forth in Exhibit A hereto, and by such reference hereby made a part hereof. The levy is hereby imposed on the property described herein.
For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Finance Officer of the City of Rancho Cordova, 2729 Prospect Park Drive, Rancho Cordova, CA 95670 (telephone number: 916-851-8738).
Dated: As of __________, 2023
By:
Stacy Leitner, City Clerk
City of Rancho Cordova
ITEM 16.6.
ATTACHMENT 3
Exhibit B to the Resolution
EXHIBIT A
CITY OF RANCHO CORDOVA
Community Facilities District No. 2013-2
(Police Services)
Annexation No. 12
ASSESSOR’S PARCEL NUMBERS AND OWNERS OF LAND
Assessor’s
P arcel No(s). Name(s) of Property Owners
067-2420-018 K. HOVNANIAN AT JAEGER RANCH LLC
067-2420-019 K. HOVNANIAN AT JAEGER RANCH LLC
067-2420-020 K. HOVNANIAN AT JAEGER RANCH LLC
067-2420-021 K. HOVNANIAN AT JAEGER RANCH LLC
067-2420-022 K. HOVNANIAN AT JAEGER RANCH LLC
067-2420-023 K. HOVNANIAN AT JAEGER RANCH LLC
067-2420-024 K. HOVNANIAN AT JAEGER RANCH LLC
067-2420-025 K. HOVNANIAN AT JAEGER RANCH LLC
067-2420-026 K. HOVNANIAN AT JAEGER RANCH LLC
067-2420-027 K. HOVNANIAN AT JAEGER RANCH LLC
067-2420-028 K. HOVNANIAN AT JAEGER RANCH LLC
067-2420-029 K. HOVNANIAN AT JAEGER RANCH LLC
067-2420-030 K. HOVNANIAN AT JAEGER RANCH LLC
067-2420-031 K. HOVNANIAN AT JAEGER RANCH LLC
067-2420-032 K. HOVNANIAN AT JAEGER RANCH LLC
067-2420-033 K. HOVNANIAN AT JAEGER RANCH LLC
067-2420-034 K. HOVNANIAN AT JAEGER RANCH LLC
067-2420-001 K. HOVNANIAN AT JAEGER RANCH LLC
ITEM 16.6.
ATTACHMENT 3
Exhibit B to the Resolution
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 16.7.
DATE: October 2, 2023
TO: Honorable Mayor and Council Members
FROM: Dalia Fadl, Principal Engineer
SUBJECT: A RESOLUTION APPROVING THE ANNEXATION OF THE RANCH
ACTIVE ADULT PROJECT TO THE CITY OF RANCHO CORDOVA
COMMUNITY FACILITIES DISTRICT NO. 2014-2 (STREET,
LIGHTING, AND LANDSCAPE MAINTENANCE)
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would approve Annexation Map. No.14 for the Ranch Active Adult project to Community Facilities District No. 2014-2 (Street, Lighting, and Landscape Maintenance) and approves the recording of the annexation map and the Notice of Special Tax Lien.
BACKGROUND
On April 21, 2014, the City adopted a resolution of intention to establish a Community Facilities District (CFD) and Future Annexation Area for Citywide street, lighting, and landscape maintenance services. On June 2, 2014, the City adopted the resolution forming CFD No. 2014- 2 pursuant to the Mello-Roos Community Facilities Act of 1982 (State of California Government Code Section 5311 et seq.) (the “Act”). The action defining the Future Annexation Area for the District provided for a more efficient process for the annexation of property when the property owners have provided unanimous consent. Defining the Future Annexation Area provided the resolution of intention, noticing, and public hearing for the entire Future Annexation Area, so these steps do not need to be repeated for each annexation.
The annexation process for projects within the future annexation area is streamlined by receiving a petition and waiver from the property owner(s), the City Council approving the Annexation Boundary Map by resolution, followed by the recording of the Annexation Boundary Map and Notice of Special Tax Lien by the City Clerk.
DISCUSSION
The project included in this action was conditioned to annex to CFD No. 2014-2 to provide funding for maintenance services including the maintenance, repair, replacement and lighting of public streets, roads, landscape, and appurtenant facilities in the public right of way. In
City Council Staff Report - Page 2 of 2
September 2023, the property owner signed a unanimous approval of the annexation to CFD No. 2014-2 (see Attachment 4). Adoption of the attached Resolution approves Annexation Boundary Map No. 14 for the Ranch Active Adult project and directs the City Clerk to execute and record the Map and Notice of Special Tax Lien for the project.
FISCAL IMPACT AND FUNDING SOURCE
This annexation has no impact on the City's General Fund. Funds collected will be used for maintenance of streets, lighting, and landscape maintenance services.
ATTACHMENT(S)
1. Resolution
2. Exhibit A to the Resolution - Annexation Boundary Map
3. Exhibit B to the Resolution - Amended Notice of Special Tax Lien
4. Unanimous Approval
ITEM 16.7. 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 ANNEXATION OF THE RANCH ACTIVE
ADULT PROJECT TO THE CITY OF RANCHO CORDOVA COMMUNITY FACILITIES DISTRICT NO. 2014-2 (STREET, LIGHTING, AND LANDSCAPE MAINTENANCE)
WHEREAS, the Conditions of Approval for the The Ranch project require the property owner/applicant to participate in the provision of funding to provide fair share maintenance of any existing and all new public improvements associated with the project; and
WHEREAS, on April 21, 2014, the City adopted Resolution No. 20-2014 declaring its intention to establish Community Facilities District No. 2014-2 (Street, Lighting, and Landscape Maintenance) (the “District”) and Future Annexation Area for maintenance of street, lighting, and landscape maintenance services. On June 2, 2014, the City adopted Resolution No. 34-2014 forming CFD No. 2014-2 pursuant to the Mello-Roos Community Facilities Act of 1982 (State of California Government Code Section 5311 et seq.) (the “Act”); and
WHEREAS, the action defining the Future Annexation Area for the District provided for a more efficient process for the annexation of property when the property owners have provided for their unanimous consent such that the annexation process for projects within the Future Annexation Area has been reduced to receiving a petition, consent and waiver from the property
WHEREAS, in September 2023, the property owner executed a unanimous approval form which irrevocably consents to and votes in favor of the annexation of a portion of the property to the District and the levy of the special tax on the property to finance the services of the CFD in accordance with the Rate and Method of the District (Attachment 4); and
WHEREAS, in the case of annexation proceedings, pursuant to Streets and Highways Code Section 3110.5 a separate map of the area proposed to be annexed is required to be prepared and adopted; and
WHEREAS, City staff has caused to be prepared Annexation Boundary Map No. 14 for a property known as The Ranch Active Adult project, Exhibit A attached hereto, for the annexation of the property to CFD No. 2014-2 (Street, Lighting, and Landscape Maintenance).
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA as follows:
1. The Council so finds and determines the above recitals are true and correct.
2. Council approves Annexation Boundary Map No. 14 and finds and determines that the territory shown in the Annexation Boundary Map is hereby added to and made a part of the District with full legal effect.
3. The City Clerk is directed to execute and record Annexation Boundary Map No. 14 in the office of the County Recorder of Sacramento County no later than 15 days after the adoption of this resolution.
ITEM 16.7. ATTACHMENT 1 Resolution No. XX-2023 Page 2 of 2
4. The City Council finds and determines that a special tax shall be levied within the Territory to be annexed and which special tax shall be the same as the tax to be levied within the District. Collection of said tax shall commence in Fiscal Year 2023-2024, and the rate and method of apportionment of said tax shall be as set forth in the Resolution of Formation of the District.
5. The City Clerk is directed to execute and record a Notice of Special Tax Lien, Exhibit B, in the office of the County Recorder of Sacramento County no later than 15 days after recordation of the Annexation Boundary Map No. 14.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 2nd day of October 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Linda Budge, Mayor
Stacy Leitner, CMC
City Clerk
CHRYSANTHY BLVD
RANCHO CORDOVA PKWY
APN
067-2420-033
APN
067-2420-032
APN
067-2420-027
APN
067-2420-029
APN
067-2420-030
APN
067-2420-031
APN
067-2420-028
APN
067-2420-023
APN
067-2420-022
APN
067-2420-034
APN
067-2420-024
APN
067-2420-018
APN
067-2420-020
APN
067-2420-026
APN
067-2420-021
APN
067-2420-019
APN
067-2420-025
APN
067-2420-001
PROPOSED BOUNDARY MAP
City of Rancho Cordova
Community Facilities District No. 2014-2
Annexation14 (The Ranch Active Adult)
County of Sacramento, California
Sheet ____ of ____1 1
PROPOSED BOUNDARY OF
ANNEXATION 14
(THE RANCH ACTIVE ADULT) TO
CITY OF RANCHO CORDOVA
COMMUNITY FACILITIES DISTRICT NO. 2014-2
(STREET, LIGHTING AND LANDSCAPE MAINTENANCE)
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
!
1 " = 500 '
Legend
Annexation Boundary
HARRIS & ASSOCIATES
101 PROGRESS, SUITE 250
IRVINE, CALIFORNIA 92618
800-827-4901
CLERK'S MAP STATEMENT
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF RANCHO CORDOVA THIS ______ DAY OF ______________ 2023. _____________________________________________
CITY CLERK OF THE CITY OF RANCHO CORDOVA
CLERK'S MAP STATEMENT
I HEREBY CERTIFY THAT THE AREA SHOWN ON THIS MAP OF THE PROPOSED ANNEXATION 14 TO COMMUNITY FACILITIES DISTRICT NO. 2014-2, (STREET, LIGHTING AND LANDSCAPING MAINTENANCE), CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO,
STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA AT A REGULARLY SCHEDULED MEETING THEREOF, HELD ON THE ____ DAY OF ______________ 2023. BY ITS RESOLUTION NO. _____________. _____________________________________________
CITY CLERK OF THE CITY OF RANCHO CORDOVA
COUNTY RECORDER'S FILING STATEMENT
FILED THIS ______ DAY OF ________________ 2023. AT THE HOUR OF ___________ O'CLOCK ____.M. IN BOOK _______ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS PAGE NO. _____ IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF SACRAMENTO, STATE OF CALIFORNIA.
DONNA ALLRED
BY: ___________________________________________________ DEPUTY
FILE: ___________________________________________________
REFERENCE THE SACRAMENTO COUNTY ASSESSOR'S MAPS FOR A DETAILED DESCRIPTION OF PARCEL LINES AND DIMENSIONS
COUNTY RECORDER OF THE COUNTY OF SACRAMENTO, CALIFORNIA
SUNRISE BLVD
DOUGLAS RD
KIEFER BLVD
NIKE RD
GRANT LINE RD
US 50
WHITE ROCK RD
ANNEXATION
LOCATION
VICINITY MAP
ITEM 16.7.
ATTACHMENT 2
Exhibit A to the Resolution
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, California 95670
Attention: City Clerk
______________________________________________________________________
AMENDED NOTICE OF SPECIAL TAX LIEN
Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code and Section 53328.3 of the Government Code, the undersigned clerk of the legislative body of the City of Rancho Cordova (the “City”), State of California, hereby gives notice that a lien to secure payment of special taxes is hereby imposed by the City Council of the City. The special taxes secured by this lien are authorized to be levied for the purpose of providing services as described in Exhibit A attached hereto and hereby made a part hereof.
The special taxes are authorized to be levied within Annexation Boundary Map No. 14 (the “Annexed Area”) of the City of Rancho Cordova Community Facilities District No. 2014-2 (Street, Lighting, and Landscape Maintenance) (the “District”), which has now been officially annexed to the District, and the lien of the special taxes are a continuing lien which shall secure each annual levy of the special taxes and which shall continue in force and effect until the spe cial taxes cease to be levied and a notice of cessation of special taxes is recorded in accordance with Section 53330.5 of the Government Code.
The rate, method of apportionment, and manner of collection of authorized special tax is as set for th in Exhibit B attached hereto and hereby made a part hereof .
The obligation to pay the specia l tax may not be prepaid and permanently satisfied and the lien of the special taxes canceled.
Notice is further given that upon the recording of this notice in the office of the county recorder, the obligation to pay the special tax levies shall become a lien upon all nonexempt real property within th e District in accordance with Section 3115.5 of the Streets and Highways Code.
The name of the owner and the asses sor’s tax par cel number(s) of the real property included within the District and not exempt from the special tax are as set forth in Exhibit C attached hereto.
Reference is hereby made to the Notice of Special Tax Lien with respect to the District recorded on June 17, 2014, as Document No. 20140617 page 353, in the office of the County Clerk & Recorder of the County of Sacramento, California, which contains ITEM 16.7.
ATTACHMENT 3
Exhibit B to the Resolution
2 a list of the then existing owners and assessor tax parcel numbers of the original boundaries of the District.
Reference is made to the boundary map of the District recorded at Book 116, Pages 0 023-0024, Document No. 20140430 Pg0873 of Maps and Assessment and Community Facilities Districts in the Office of the County Recorder for the County of Sacramento, State of California ( the “ Original Boundary Map”), and the map of the Annexed Territory recorded at Book 141, Page 31, Document No. 202308110415 in the Office of the County Recorder for the County of Sacramento, State of California, which map together wi th the Origina l Boundary Map and the boundary maps of record for all prior annexations, are n ow the final boundary maps of the Community Facilities District including the Annexed Territory.
For further information concerning the current and estimated futu re tax liability of owners or purchasers of real property subject to this special tax lien, i nterested persons should contact the Department o f Public Works of the City of Rancho Cordova, 2729 Prospect Park Drive, Rancho Cordova, California 95670, (916) 851-8710.
Dated: ___________________________ ________________________________
CITY CLERK OF THE CITY OF
RANCHO CORDOVA
ITEM 16.7.
ATTACHMENT 3
Exhibit B to the Resolution
3 EXHIBIT A
CITY OF RANCHO CORDOVA
COMMUNITY FACILITIES DISTRICT NO. 2014-2
(Streets, Lighting, and Landscape Maintenance)
DESCRIPTION OF DISTRICT MAINTENANCE SERVICES
Description of services:
Maintenance of public street, lighting, and landscape improvements
• Maintenance means the furnishing of services and materials for the replacement of public street, lighting and landscaping improvements, and appurtenant facilities, including the administration and overhead related to the maintenance activities.
Reserve Fund
• The CFD special taxes may be collected and set-aside in designated funds, collected over several years, that may be used by the CFD to fund future replacement of public streets, lighting and landscaping improvements and other services as determined by the CFD.
ITEM 16.7.
ATTACHMENT 3
Exhibit B to the Resolution
1 EXHIBIT B
CITY OF RANCHO CORDOVA
COMMUNITY FACILITIES DISTRICT NO. 2014-2
(STREET, LIGHTING AND LANDSCAPING MAINTENANCE)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
FOR ANNEXATION NO. 14 (THE RANCH ACTIVE ADULT PROJECT)
A Special Tax applicable to each Assessor’s Parcel in Community Facilities District No. 2014 -2 (Street, Lighting and Landsc aping Maintenance) shall be levied and collected according to the tax liability determined by the City Council, acting in its ca pacity as the legislative body of CFD No. 2014-2, through the application of the appropriate Special Tax rate, as described belo w. All of the property in CFD No. 2014 -2, unless exempted by law or by the provisions of Section E below, shall be taxed for the pur poses, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 2014 -2 unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Asses sor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final subdivision map, a final parcel map, a final approved condominium plan, or functionally equivalent final map or instrument recorded in the Office of the County Recorder. If the area shown on said map is in square footage, Acreage shall be calc ulated by dividing the square footage by 43,560.
“Additional Load and Decorative Lighting Parcel” means any Parcel that is determined by the Ci ty to be both an Additional Load Parcel and a Decorative Lighting Parcel. “Additional Load Parcel” means any Pa rcel of Commercial Property or Industrial Property that is determined by the City to create excessive wear and tear on the roadways and/or a hig h volume of vehicular traffic.
“Administrative Expenses” means the costs incurred by the City to determine, lev y and collect th e Special Tax, including salaries of City employees and fees of consultants and the costs of collecting installments of the Spec ial Taxes upon the general tax rolls, preparation of required reports, and any other costs required to administer the CFD.
“Administrator” means the person or firm designated by the City to administer the Special Taxes according to this Rate and Method of Apportionment of Special Tax.
ITEM 16.7.
ATTACHMENT 3
Exhibit B to the Resolution
2 “Annual Escalation Factor” means the annual percentage increase in the McGraw -Hill Engineering News Record Construction Cost Index (ENR CCI) for the San Francisco area from January of the previous year to January of the year that the Special Tax is levied. In the event that the ENR CCI defined above is no longer reported, the City Council shall select a similar index to replace it.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel number.
“Assessor’s Parcel Map” means an official map of the County Assessor des ignating parcels by Assessor’s Parcel number.
“Authorized Services” means the public services authorized to be funded by CFD No. 2014 -2 as set forth in the documents adopted by the City Council when the CFD was formed. “CFD” or “CFD No. 2014 -2” means the City of Rancho Cordova Community Facilities District No. 2014-2 (Street, Lighting and Landscaping Maintenance).
“City” means the City of Rancho Cordova.
“City Council” means the City Council of the City of Rancho Cordova, acting as the legislative body of CFD No. 2014-2.
“Commercial Property” means, in any Fiscal Year, all Developed Property for which a building permit or use permit has been i ssued for a commercial establishment which includes, but is not limited to, retail stores, clothing stores, book stores, convenience stores, drug stores, professional services (i.e., barber shops, dry cleaners), restaurants, supermarkets, hospitals, movie theaters, appliance and electronics stores, home supply stores, auto parts stores, and other retail uses. The City shall make the determination if a Parcel is Commercial Property. “County” means the County of Sacramento.
“Decorative Lighting Parcel” means any Parcel of Developed Property that is determined by the City to have or benefit from decorative lighting features. “Developed Property” means, in any Fiscal Year, all Parcels of Taxable Property for which a use permit or building permit for new cons truction of a residential or non -residential structure (which shall not include a permit issued solely for construction of the foundation if another permit remains to be issued for vertical construction of the building) was issued prior to June 30 of the p receding Fiscal Year.
“Fiscal Year” means the period starting on July 1 and ending on the following June 30. “Heavy Truck Traffic Parcel” means, any Parcel of Developed Property that is determined by the City to have heavy truck traffic impact on the publ ic streets and include, but are not limited to, fulfillment centers, logistics centers, freight, truck termina ls, and other faci lities intended for the movement of goods (manufactured or raw) prior to their distribution.
ITEM 16.7.
ATTACHMENT 3
Exhibit B to the Resolution
3 “Hotel Property” means, in any Fisc al Year, all Developed Property for which a building permit or use permit has been issued for a structure that constitutes a place of lodging providing sleeping accommodations and related facilities for travelers.
“Industrial Property” means, in any Fisca l Year, all Developed Property for which a building permit or use permit has been issued for construction of a n industrial, manu facturing, or warehousing structure, fulfillment centers, logistics centers, freight, truck terminals, and other facilities inte nded for the movement of goods (manufactured or raw) prior to their distribution . The City shall make the determination if a Parcel is Industrial Property.
“Maximum Special Tax” means the greatest amount of Special Tax that can be levied on an Assessor’s Parcel in any Fiscal Year determined in accordance with Section C below.
“Micro-Unit Property” means, in any Fiscal Year, all P arcels of Developed Property for which a building permit or use permit has been issued for construction of a residential structu re with five (5) or more Units of approximately 800 square feet of floor area or less for each such Unit that share a single Assessor’s Parcel number, all of which are offered fo r rent to the general public and cannot be purchased by individual homebuyers.
“Multi-Family Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit or use permit has been issued for construction of a residential structure with five (5) or more Units that share a single Assessor’s Parcel n umber, all of which are offered for rent to the general public and cannot be purchased by individual homebuyers.
“Non-Residential Property” means, collectively, Commercial Property, Hotel Property, Industrial Property, and Office Property.
“Office Proper ty” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit or use permit has been issued for a building in which professional, banking, insurance, real estate, administrative or in -office medical or dental activities are c onducted.
The City shall make the determination if a Parcel is Office Property.
“Ordinary Use Parcel” means any Parcel of Taxable Property that is not an Additional Load Parcel, Decorative Lighting Parcel, Residential Alley Parcel, Additional Load and De corative Lighting Parcel, Residential Alley and Decorative Lighting Parcel , Private Street Parcel, 50/50 Public & Private Residential Street Parcel, or Heavy Truck Traffic Parcel.
“Private Street Parcel” means, any Taxable Property where all or the majori ty of the residential streets are private within the development and the maintenance of the residential components are not funded by the CFD or by the federal government, State of California, County, City, or other public agency.
“50/50 Public & Private Residential Street Parcel” means, any Taxable Property where there is a fairly even split of public and private streets associated with a development.
“Proportionately” means that the ratio of the actual Special Tax levy to the Maximum Special ITEM 16.7.
ATTACHMENT 3
Exhibit B to the Resolution
4 Tax is equal for all Parcels of Developed Property.
“Public Property” means any property within the boundaries of CFD No. 2014 -2 that is owned by the federal government, State of California, County, City, or other public agency.
“Residential Alley and Decorative Lighting Parcel” means any Parcel that is determined by the City to be both a Residential Alley Parcel and a Decorative Lighting Parcel.
“Residential Alley Parcel” means any Parcel of Residential Property that is determined by the City to have residential alleys that are part of the public roadways.
“Residential Property” means, collectively, Single Family Attached Property, Single Family Detached Property, Multi-Family Property, and Micro-Unit Property.
“Single Family Attached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit was issued for construction of a residential structure consisting of two (2) to four (4) Un its that share common walls, have separate Assessor’s Parcel numbers assigned to them (exce pt for a duplex unit, which may share an Assessor’s Parcel with another duplex unit), and are offered as for -sale Units (which shall still be the case even if the Un its are purchased and subsequently offered for rent by the owner of the Unit(s)), including such residential structures that meet the statutory definition of a condominium contained in Civil Code Section 1351.
“Single Family Detached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit was issued for construction of a Unit that does not share a common wall with another Unit.
“Soundwall Parcel” means any Parcel of Developed Property whose tract boundary is encompassed by soundwalls maintained within the CFD.
“Special Tax Requirement” means the amount of revenue needed in any Fiscal Year to pay for the following: (i) Authorized Services, (ii) Administrative Expenses, and (iii ) amounts needed to cure any delinque ncies in the payment of Special Taxes which have occurred or (based on delinquency rates in prior years) may be expected to occur in the Fiscal Year in which the tax will be collected.
“Special Tax” means a special tax levied in any Fiscal Year on property within CFD No. 2014-2 to pay the Special Tax Requirement.
“Square Foot,” “Square Footage ,” or “Square Feet” means the building square footage reflected on the original building permit issued for construction of a building.
“Taxable Property” means all Assessor’s Parcels within the boundaries of CFD No. 2014 -2 which are not exempt from the Special Tax pursuant to law or Section E below.
“Taxable Public Property” means, in any Fiscal Year, all Assessor’s Parcels in CFD No. 2014 -2 ITEM 16.7.
ATTACHMENT 3
Exhibit B to the Resolution
5 that had, in prior Fiscal Years, been taxed as Developed Property and subsequently came under the ownership of a public agency.
“Tax Zone” means a mutually exclusive tax zone identified in Attachment 1 of this Rate and Method of Apportionment of Special Tax, as may be updated to include new Parcels or new tax zones added to the CFD as a result of future annexations.
“Unit” means an individual single -family detached unit or an individual residential unit within a duplex, triplex, fourplex, townhome, condominium, or apartment structure. Unit shall also mean a rentable single hotel room or rentable unit on a Parcel of Hotel Property.
B. DATA COLLECTION FOR ANNUAL TAX LEVY
Each Fiscal Year, the Administrator shall identify the current Assessor’s Parcel number for all Parcels of Taxable Property within CFD No. 2014 -2 and shall determine within which Tax Zone each Assessor’s Parcel is locat ed. Upon each annexation of property into CFD No. 2014 -2, the Administrator shall update Attachment 1 to include the new Assessor’s Parcel number(s). In addition, for all Parcels of Developed Property, if applicable to the Tax Zone in which the Parcels are located, the Administrator shall determine if each Parcel is an Ordinary Use Parcel, an Additional Load P arcel, a Residential Alley Parcel, a Decorative Lighting Parcel, an Additional Load and Decorative Lighting Parcel, a Residential Alley and Decorative Lighting Parcel, Private Street Parcel, 50/50 Public & Private Residential Street Parcel, or a Heavy Truck Traffic Parcel.
Based on review of building permit records for property within the CFD, the Administrator shall determine which Parcels in the CFD are Developed Property for purposes of levying the Special Tax pursuant to Section D below. For Single Fami ly A ttached Property, Multi -Family Property , Micro- Unit Property, and Hotel Property, the number of Units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan for the property. For Residential Property, the Administrator shall determine the Square Footage of each Unit. For Non - Residential Property, the Administrator shall de termine the Acrea ge of, and Square Footage on, each Parcel.
If a Parcel in the CFD is rezoned prior to such Parcel becoming Dev eloped Property, the City may in its sole discretion, move the Parcel to a different Tax Zone based on the rezone. If a Parcel rezones after the Parcel has been taxed as Developed Property in prior Fiscal Years, the City can either continue to apply the Maximum Special Tax to the Parcel that had applied prior to the rezone or, in the City’s sole discretion, allow for the Parcel to be moved to a di fferent Tax Zone based on the rezone.
In any Fiscal Year, if it is determined that (i) a parcel map for a port ion of property in CFD No. 2014- 2 was recorded after January 1 of the prior Fiscal Year (or any other date after which the Asses sor will not incorporate the newly-created Parcels into the then current tax roll), (ii) because of the date the parcel map was recorded, the Assessor does not yet recognize the new Parcels created by the parcel map, and (iii) one or more of the newly -created Parcels meets the definition of Developed Property, the Administrator shall calculate the Special Tax for the property affec ted by recordation ITEM 16.7.
ATTACHMENT 3
Exhibit B to the Resolution
6 of the parcel map by determining the Special Tax that applies separately to each newly -created Parcel, then a pplying the sum o f the individual Special Taxes to the Parcel that was subdivided by recordation of the parcel map.
C. MAXIMUM SPECIAL TAX
1. All Tax Zones
The following Maximum Special Taxes apply to all Parcels of Developed Property within each Tax Zone of CFD No. 2014-2, unless otherwise specified in Attachment 1.
a. Ordinary Use Parcel
MAXIMUM SPECIAL TAXES
ORDINARY USE PARCEL
(FISCAL YEAR 2022-23)
Land Use Class Rate
Single Family Detached Property per Unit $491.78
Single Family Attached Property per Unit $388.50
Multi-Family Property per Unit $280.31
Micro-Unit Property per Unit $186.97
Commercial Property per 1,000 Sq. Ft. $733.73
Hotel Property per Unit $290.15
Industrial Property per 1,000 Sq. Ft. $221.30
Office Property per 1,000 Sq. Ft. $732.75
On July 1 st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall b e increased by the Annual Escalation Factor.
ITEM 16.7.
ATTACHMENT 3
Exhibit B to the Resolution
7 b. Residential Alley Parcel
MAXIMUM SPECIAL TAXES
RESIDENTIAL ALLEY PARCEL
(FISCAL YEAR 2022-23)
Land Use Class Rate
Single Family Detached Property per Unit $533.89
Single Family Attached Property per Unit $421.77
Multi-Family Property per Unit $304.32
Micro-Unit Property per Unit $202.98
Commercial Property per 1,000 Sq. Ft. N/A
Hotel Property per Unit N/A
Industrial Property per 1,000 Sq. Ft. N/A
Office Property per 1,000 Sq. Ft. N/A
On July 1 st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.
c. Decorative Lighting Parcel
MAXIMUM SPECIAL TAXES
DECORATIVE LIGHTING PARCEL
(FISCAL YEAR 2022-23)
Land Use Class Rate
Single Family Detached Property per Unit $499.30
Single Family Attached Property per Unit $394.44
Multi-Family Property per Unit $284.60
Micro-Unit Property per Unit $189.83
Commercial Property per 1,000 Sq. Ft. $744.95
Hotel Property per Unit $294.58
Industrial Property per 1,000 Sq. Ft. $224.68
Office Property per 1,000 Sq. Ft. $743.95
On July 1 st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.
ITEM 16.7.
ATTACHMENT 3
Exhibit B to the Resolution
8 d. Additional Load Parcel
MAXIMUM SPECIAL TAXES
ADDITIONAL LOAD PARCEL
(FISCAL YEAR 2022-23)
Land Use Class Rate
Single Family Detached Property per Unit N/A
Single Family Attached Property per Unit N/A
Multi-Family Property per Unit N/A
Micro-Unit Property per Unit N/A
Commercial Property per 1,000 Sq. Ft. $761.58
Hotel Property per Unit N/A
Industrial Property per 1,000 Sq. Ft. $229.70
Office Property per 1,000 Sq. Ft. N/A
On July 1 st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.
e. Soundwall Parcel
MAXIMUM SPECIAL TAXES
SOUNDWALL PARCEL
(FISCAL YEAR 2022-23)
Land Use Class Rate
Single Family Detached Property per Unit $512.68
Single Family Attached Property per Unit $405.02
Multi-Family Property per Unit $292.22
Micro-Unit Property per Unit $194.91
Commercial Property per 1,000 Sq. Ft. $764.92
Hotel Property per Unit $302.48
Industrial Property per 1,000 Sq. Ft. $230.71
Office Property per 1,000 Sq. Ft. $763.90
On July 1 st following the Fis cal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.
ITEM 16.7.
ATTACHMENT 3
Exhibit B to the Resolution
9 f. Additional Load and Decorative Lighting Parcel
MAXIMUM SPECIAL TAXES
ADDITIONAL LOAD AND DECORATIVE LIGHTING PARCEL
(FISCAL YEAR 2022-23)
Land Use Class Rate
Single Family Detached Property per Unit N/A
Single Family Attached Property per Unit N/A
Multi-Family Property per Unit N/A
Micro-Unit Property per Unit N/A
Commercial Property per 1,000 Sq. Ft. $772.80
Hotel Property per Unit N/A
Industrial Property per 1,000 Sq. Ft. $233.08
Office Property per 1,000 Sq. Ft. N/A
On July 1 st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.
g. Residential Alley and Decorative Lighting Parcel
MAXIMUM SPECIAL TAXES
RESIDENTIAL ALLEY AND DECORATIVE LIGHTING PARCEL
(FISCAL YEAR 2022-23)
Land Use Class Rate
Single Family Detached Property per Unit $541.41
Single Family Attached Property per Unit $427.72
Multi-Family Property per Unit $308.60
Micro-Unit Property per Unit $205.84
Commercial Property per 1,000 Sq. Ft. N/A
Hotel Property per Unit N/A
Industrial Property per 1,000 Sq. Ft. N/A
Office Property per 1,000 Sq. Ft. N/A
On July 1st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.
ITEM 16.7.
ATTACHMENT 3
Exhibit B to the Resolution
10 h. Residential Alley and Soundwall Parcel
MAXIMUM SPECIAL TAXES
RESIDENTIAL ALLEY AND SOUNDWALL PARCEL
(FISCAL YEAR 2022-23)
Land Use Class Rate
Single Family Detached Property per Unit $558.08
Single Family Attached Property per Unit $440.89
Multi-Family Property per Unit $318.11
Micro-Unit Property per Unit $212.18
Commercial Property per 1,000 Sq. Ft. N/A
Hotel Property per Unit N/A
Industrial Property per 1,000 Sq. Ft. N/A
Office Property per 1,000 Sq. Ft. N/A
On July 1 st following the Fiscal Year rate above, the Maximum Special Taxe s shown above shall be increased by the Annual Escalation Factor.
i. Decorative Lighting and Soundwall Parcel
MAXIMUM SPECIAL TAXES
DECORATIVE LIGHTING AND SOUNDWALL PARCEL
(FISCAL YEAR 2022-23)
Land Use Class Rate
Single Family Detached Property per Unit $520.02
Single Family Attached Property per Unit $410.80
Multi-Family Property per Unit $296.41
Micro-Unit Property per Unit $197.70
Commercial Property per 1,000 Sq. Ft. $775.85
Hotel Property per Unit $306.80
Industrial Property per 1,000 Sq. Ft. $234.00
Office Property per 1,000 Sq. Ft. $774.82
On July 1 st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.
ITEM 16.7.
ATTACHMENT 3
Exhibit B to the Resolution
11 j. Residential Alley, Decorative Lighting, and Soundwall Parcel
MAXIMUM SPECIAL TAXES
RESIDENTIAL ALLEY, DECORATIVE LIGHTING AND SOUNDWALL PARCEL (FISCAL YEAR 2022-23)
Land Use Class Rate
Single Family Detached Property per Unit $561.81
Single Family Attached Property per Unit $443.82
Multi-Family Property per Unit $320.22
Micro-Unit Property per Unit $213.59
Commercial Property per 1,000 Sq. Ft. N/A
Hotel Property per Unit N/A
Industrial Property per 1,000 Sq. Ft. N/A
Office Property per 1,000 Sq. Ft. N/A
On July 1 st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.
k. Private Street Parcel
MAXIMUM SPECIAL TAXES
PRIVATE STREET PARCEL
(FISCAL YEAR 2022-23)
Land Use Class Rate
Single Family Detached Property per Unit $323.10
Single Family Attached Property per Unit $255.24
Multi-Family Property per Unit $184.16
Micro-Unit Property per Unit $122.84
Commercial Property per 1,000 Sq. Ft. N/A
Hotel Property per Unit N/A
Industrial Property per 1,000 Sq. Ft. N/A
Office Property per 1,000 Sq. Ft. N/A
On July 1st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.
ITEM 16.7.
ATTACHMENT 3
Exhibit B to the Resolution
12 l. 50/50 Public & Private Residential Street Parcel
MAXIMUM SPECIAL TAXES
50/50 PUBLIC & PRIVATE STREET PARCEL
(FISCAL YEAR 2022-23)
Land Use Class Rate
Single Family Detached Property per Unit $407.19
Single Family Attached Property per Unit $321.68
Multi-Family Property per Unit $232.10
Micro-Unit Property per Unit $154.81
Commercial Property per 1,000 Sq. Ft. N/A
Hotel Property per Unit N/A
Industrial Property per 1,000 Sq. Ft. N/A
Office Property per 1,000 Sq. Ft. N/A
On July 1 st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.
m. Heavy Truck Traffic Parcel
MAXIMUM SPECIAL TAXES
HEAVY TRUCK TRAFFIC PARCEL
(FISCAL YEAR 2022-23)
Land Use Class Rate
Single Family Detached Property per Unit N/A
Single Family Attached Property per Unit N/A
Multi-Family Property per Unit N/A
Micro-Unit Property per Unit N/A
Commercial Property per 1,000 Sq. Ft. N/A
Hotel Property per Unit N/A
Industrial Property per 1,000 Sq. Ft. $317.99
Office Property per 1,000 Sq. Ft. N/A
ITEM 16.7.
ATTACHMENT 3
Exhibit B to the Resolution
13 D. METHOD OF LEVY AND COLLECTION OF SPECIAL TAX
Each Fiscal Year, the Special Tax shall be levied as follows until the amount of the levy equals the Special Tax Requirement for that Fiscal Year:
First: The Special Tax shall be levied proportionately on each Parcel of Developed Property up to 100% of th e Maximum Special Tax determined for each category of Developed Property withi n the CFD and each Tax Zone until the amount levied is equal to the Special Tax Requirement for the Fiscal Year.
Second: If additional revenue is needed after the first step has been completed, the Special Tax shall be levied proportionately on each Parcel of Taxable Public Property up to 100% of the Maximum Special Tax that would have applied to the Parcel had the Parcel not beco me Public Property until the amount levied is equal to the Special Tax Requirement for the Fiscal Year.
The Special Tax for CFD No. 2014-2 shall be collected at the same time and in the same manner as ordinary ad valorem property taxes provided, however, that the City may (under the authority of Government Code Section 53340) collect Special Taxes at a different time or in a different manner if necessary to meet CFD No. 2014 -2 financial obligations and the Special Tax shall be equally subject to foreclosure if delinquent.
E. LIMITATIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no special Tax shall be levied on (i) any Parcel of Public Property that is not Taxable public Property, and (ii) any Parcel in CFD No. 2014-2 that is not Developed Property.
F. DURATION OF SPECIAL TAX
The Special Tax shall be levied in perpetuity to fund the Special Tax Requirement, unless no longer required as determined at the sole discretion of the City Council.
G. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that d oes not materially affect the Rate and Method of Apportionment of Special Taxes. In addition, the interpretation a nd applic ation of any section of this document shall be left to the City’s discretion. The City may make interpretations by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment of Special Taxes.
ITEM 16.7.
ATTACHMENT 3
Exhibit B to the Resolution
14 ATTACHMENT 1
CITY OF RANCHO CORDOVA
COMMUNITY FACILITIES DISTRICT NO. 2014-2
(STREET, LIGHTING AND LANDSCAPING MAINTENANCE)
IDENTIFICATION OF TAX ZONES
TAX ZONE 1
Assessor’s Parcels Included in Tax Zone 1 *
Fiscal Year In Which
Property Was Added to
CFD No. 2014-2
067-1210-001 through 067-1210-055
067-1220-001 through 067-1220-059
067-1230-001 through 067-1230-060
2013-14
Tax Zone 1 – Maximum Special Taxes
The Maximum Special Taxes for Zone 1 do not incorporate the long -term maintenance activities which are included as a pa rt of CFD No. 2014 -1. On July 1 of each Fiscal Year thereafter, the Maximum Special Taxes shall be increased by the Annual Escalation Factor.
MAXIMUM SPECIAL TAXES
SOUNDWALL AND DECORATIVE LIGHTING PARCEL
(EXCLUDING LONG-TERM MAINTENANCE)
(FISCAL YEAR 2022-23)
Rate
Single Family Detached Property per Unit $367.21
Single Family Attached Property per Unit $290.10
Multi-Family Property per Unit $209.32
Commercial Property per 1,000 Sq. Ft. $275.56
Hotel Property per Unit $216.65
Industrial Property per 1,000 Sq. Ft. $165.24
Office Property per 1,000 Sq. Ft. $275.56
Land Use Class
ITEM 16.7.
ATTACHMENT 3
Exhibit B to the Resolution
15 TAX ZONE 2
Assessor's Parcels Included in Tax Zone 2*
067-1050-001 Through 067-1050-009 2016-17
072-2870-001 Through 072-2870-072
072-2880-001 Through 072-2880-082
072-2890-001 Through 072-2890-088
072-2900-001 Through 072-2900-080
072-2910-001 Through 072-2910-083 2014-15
072-2920-001 Through 072-2920-069
072-2940-001 Through 072-2940-066
072-2950-001 Through 072-2950-063
072-2960-001 Through 072-2960-065
Fiscal Year in Which
Property was Added to
CFD No. 2014-2
Tax Zone 2 – Maximum Special Taxes
These Maximum Special Taxes include the maintenance of street lighting only. On July 1 of each Fiscal Year thereafter, the Maximum Special Taxes shall b e increased by the Annual Escalation Factor.
MAXIMUM SPECIAL TAXES
DECORATIVE LIGHTING ONLY
(FISCAL YEAR 2022-23)
Land Use Class Rate
Single Family Detached Property per Unit $49.86
Single Family Attached Property per Unit $49.86
Multi-Family Property per Unit $206.01
Commercial Property per 1,000 Sq. Ft. $275.56
Hotel Property per Unit $213.28
Industrial Property per 1,000 Sq. Ft. $162.67
Office Property per 1,000 Sq. Ft. $275.56
ITEM 16.7.
ATTACHMENT 3
Exhibit B to the Resolution
16 TAX ZONE 3
Assessor's Parcels Included in Tax Zone 3*
067-1070-001 Through 067-1070-059
067-1090-001 Through 067-1090-089
067-1060-003 Through 067-1060-004
067-1170-001 Through 067-1170-085
067-1180-001 Through 067-1180-016
067-1190-001 Through 067-1190-066
067-1200-001 Through 067-1200-054
067-1100-008
067-1240-001 Through 067-1240-048
067-1250-001 Through 067-1250-108
067-1100-005 Through 067-1100-007
067-1120-001 Through 067-1120-027
067-1130-001 Through 067-1130-176
067-1140-001 Through 067-1140-038
067-1080-007 Through 067-1080-017
067-1150-001 Through 067-1150-080
067-1160-001 Through 067-1160-065
067-1260-001 Through 067-1260-061
067-1270-001 Through 067-1270-113
067-1280-001 Through 067-1280-094
067-1290-001 Through 067-1290-032
2018-19
2017-18
2016-17
Fiscal Year in Which
Property was Added to
CFD No. 2014-2
Tax Zone 3 – Maximum Special Taxes
These Maximum Special Taxes include the maintenance of soundwalls. On July 1 of each Fi scal Year thereafter, commencing July 1, 2015, the Maximum Special Taxes shall be increased by the Annual Escalation Factor.
MAXIMUM SPECIAL TAXES
SOUNDWALL PARCEL
(FISCAL YEAR 2022-23)
Rate
Single Family Detached Property per Unit $512.68
Single Family Attached Property per Unit $405.02
Multi-Family Property per Unit $292.22
Commercial Property per 1,000 Sq. Ft. $764.92
Hotel Property per Unit $302.48
Industrial Property per 1,000 Sq. Ft. $230.71
Office Property per 1,000 Sq. Ft. $763.90
Land Use Class
ITEM 16.7.
ATTACHMENT 3
Exhibit B to the Resolution
17 TAX ZONE 4
Assessor's Parcels Included in Tax Zone 4*
072-4050-017 Through 072-4050-029 2022-23
Fiscal Year in Which
Property was Added to
CFD No. 2014-2
Tax Zone 4 – Maximum Special Taxes
These Maximum Special Taxes include the maintenance of streets determined by the City to have a heavy impact on the public streets . On July 1 of each Fiscal Year thereafter , commencing July 1, 2024, the Maximum Special Taxes shall be increased by the Annual Escalation Factor.
MAXIMUM SPECIAL TAXES
HEAVY TRUCK TRAFFIC PARCEL
(FISCAL YEAR 2022-23)
Land Use Class Rate
Single Family Detached Property per Unit N/A
Single Family Attached Property per Unit N/A
Multi-Family Property per Unit N/A
Micro-Unit Property per Unit N/A
Commercial Property per 1,000 Sq. Ft. N/A
Hotel Property per Unit N/A
Industrial Property per 1,000 Sq. Ft. $317.99
Office Property per 1,000 Sq. Ft. N/A
* The property identified by the Assessor’s Parcel Numbers listed above shall remain part of the identified Tax Zone regardless of changes in the configuration of the Assessor’s Parcels or changes to APNs in future Fiscal Years. As APNs change, the City may update Attachment 1 to reflect the most current APNs and Tax Zones consistent with the categories of Developed Property set forth in the Rate and Method of Apportionmen t of Special Tax for CFD No. 2014-2.
ITEM 16.7.
ATTACHMENT 3
Exhibit B to the Resolution
1 EXHIBIT C
OWNER AND THE ASSESSOR’S TAX PARCEL NUMBER(S)
Parcel No. Property Owner
067-2420-018-0000 K.HOVNANIAN AT JAEGER RANCH, LLC 067-2420-019-0000 K.HOVNANIAN AT JAEGER RANCH, LLC 067-2420-020-0000 K.HOVNANIAN AT JAEGER RANCH, LLC 067-2420-021-0000 K.HOVNANIAN AT JAEGER RANCH, LLC 067-2420-022-0000 K.HOVNANIAN AT JAEGER RANCH, LLC 067-2420-023-0000 K.HOVNANIAN AT JAEGER RANCH, LLC 067-2420-024-0000 K.HOVNANIAN AT JAEGER RANCH, LLC 067-2420-025-0000 K.HOVNANIAN AT JAEGER RANCH, LLC 067-2420-026-0000 K.HOVNANIAN AT JAEGER RANCH, LLC 067-2420-027-0000 K.HOVNANIAN AT JAEGER RANCH, LLC 067-2420-028-0000 K.HOVNANIAN AT JAEGER RANCH, LLC 067-2420-029-0000 K.HOVNANIAN AT JAEGER RANCH, LLC 067-2420-030-0000 K.HOVNANIAN AT JAEGER RANCH, LLC 067-2420-031-0000 K.HOVNANIAN AT JAEGER RANCH, LLC 067-2420-032-0000 K.HOVNANIAN AT JAEGER RANCH, LLC 067-2420-033-0000 K.HOVNANIAN AT JAEGER RANCH, LLC 067-2420-034-0000 K.HOVNANIAN AT JAEGER RANCH, LLC 067-2420-001-0000 K.HOVNANIAN AT JAEGER RANCH, LLC
ITEM 16.7.
ATTACHMENT 3
Exhibit B to the Resolution
2 ITEM 16.7.
ATTACHMENT 3
Exhibit B to the Resolution
CITY OF RANCHO CORDOVA
Community Facilities District No. 2014-2
(Street, Lighting and Landscape Maintenance)
Annexation No. 14
UNANIMOUS APPROVAL
of Annexation to a Community Facilities District
and Related Matters
To the City Council
City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 956703
Members of the City Council:
This constitutes the Unanimous Approval (the “ Unanimous Approval ”) of K.HOVNANIAN AT JAEGER RANCH, LLC, a California limited liability company , the record owner(s) (the “Property Owner”) of the fee title to the real property identified below (the “ Property”) contemplated by Section 53339.3 et seq. of the Mello-Roos Community Facilities Act of 1982, as amended (the “ Act”) to annexation of the Property to the " City of Rancho Cordova Community Facilities District No. 20 14-2 (Street, Lighting and Landscape Maintenance) (the “CFD”), and it states as follows:
1. Property Owner. This Unanimous Approval is submitted by the Property Owner (whether one or more) identified below as or for the recorded owner(s) of the Property identified below. The Property Owner warrants to the City of Ranch Cordova (the “City”) that they are such Property Owner or is legally authorized to execute this Unanimous Approval for and on behalf of such Property Owner.
2. Approval of Annexation . This Unanimous Approval constitutes the unanimous approval and unanimous vote by the Property Owner in favor of the annexation of the Property to the CFD. The CFD was formed to finance the municipal services (the “Services”) described in Exhibit A hereto and made a part hereof.
3. Approval of Special Tax and the Facilities . This Unanimous Approval constitutes the unanimous approval and unanimous vote by the Property Owner in favor of the levy of special taxes (the “Special Taxes”) on the Property to finance the Services, according to the Rate and Method of Apportionment of Special Taxes for the CFD attached hereto as Exhibit B and made a part hereof (the " Rate and Method").
Exhibit B describes the maximum special tax rate for the Services. This annexed property is placed in Tax Zone 3 for purposes of computation of the Special Tax.
4. Approval of the Appropriations Limit . This Unanimous Approval constitutes the unanimous approval and unanimous vote by the Property Owner in favor of the appropriations limit established for the CFD.
ITEM 16.7.
ATTACHMENT 4
5. Waivers and Vote . The Property Owner hereby confirms that this Unanimous Approval constitutes its approval and unanimous vote as described herein and as contemplated by Section 53339.3 et seq. of the Act and Article XIIIA of the California Constitution. The Property Owner hereby waives all other rights with respect to the annexation of the Property, the levy of the Special Taxes on the Property and the other matters covered in this Unanimous Approval.
6. Recordation of Amendment to Notice of Special Tax Lien. The Notice of Special Tax Lien for the CFD was heretofore recorded in the Office of the County Recorder of the County of Sacramento, State of California on June 17, 2014 recorded at Book 20140617 at Page 0345 (Document No. 20140617PG0345).
The Property Owner hereby authorizes and directs the City Clerk to execute and cause to be recorded in the O ffice of the County Recorder of the County of Sacramento an amendment to the Notice of Special Tax Lien for the CFD as required by Section 3117.5 of the California Streets and Highways Code. The amendment to the Notice of Special Tax Lien shall include the Rate and Method as an exhibit thereto.
7. City Warranted. The Property Owner warrants to the City that the presentation of this Unanimous Approval, any votes, consents or waivers contained herein, and other actions mandated by the City for the annexation of the Property to the CFD shall not constitute or be construed as events of default or delinquenc ies under any existing or proposed financing documents entered into or to be entered into by the Property Owner for the Property, including any “due -on-encumbrance” clauses under any existing security instruments secured by the Property. If requested by the City, the Property Owner agrees, at its own expense, to supply to the City, current title evidence so that the City may verify ownership for the annexation to the CFD.
8. Due Diligence and Disclosures. The Property Owner agrees to cooperate with the City and its attorneys and consultants and to provide all information and disclosures required by the City about the Special Taxes to purchasers of the Property or any part of it.
9. Agreements. The Property Owner further agrees to execute such additional or supplemental agreements as may be required by the City to provide for any of the actions and conditions described in this Unanimous Approval, including any cash deposit required to pay for the City's costs in annexing the Property to the CFD.
10. The Property. The Property is identified as follows:
County of Sacramento Assessor’s Parcel Numbers:
067-2420-018: The property consists of a total of 11.22 acres. 067-2420-019: The property consists of a total of 17.74 acres. 067-2420-020: The property consists of a total of 12.83 acres. 067-2420-021: The property consists of a total of 17.22 acres. 067-2420-022: The property consists of a total of 9.30 acres.
ITEM 16.7.
ATTACHMENT 4
ITEM 16.7.
ATTACHMENT 4
City of Rancho Cordova August 24, 2023 CFD No. 2014-2 (Street, Lighting and Landscaping Maintenance)
EXHIBIT A
CITY OF RANCHO CORDOVA
Community Facilities District No. 2014-2
(Street, Lighting and Landscape Maintenance)
DESCRIPTION OF SERVICES
Maintenance of public street, lighting and landscaping improvements
Maintenance means the furnishing of services and materials for the ordinary and usual operation, maintenance and servicing of the public street, lighting, and landscaping improvements, dedicated easements, and appurtenant facilities, and administration and overhead of all aspects of the CFD.
Reserve Fund
The CFD special taxes may be collected and set -aside in designated funds, collected over several years, that may be used by the CFD to fund future repairs to public streets, lighting and landscaping improvements and other services as determined by the CFD.
ITEM 16.7.
ATTACHMENT 4
City of Rancho Cordova August 24, 2023 CFD No. 2014-2 (Street, Lighting and Landscaping Maintenance)
EXHIBIT B
CITY OF RANCHO CORDOVA
COMMUNITY FACILITIES DISTRICT NO. 2014-2
(STREET, LIGHTING AND LANDSCAPING MAINTENANCE)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
FOR ANNEXATION NO. 14 (THE RANCH- ACTIVE ADULT PROJECT)
A Special Tax applicable to each Assessor’s Parcel in Community Facilities District No. 2014-2 (Street, Lighting and Landscaping Maintenance) shall be levied and collected according to the tax liability determined by the City Council, acting in its capacity as the legislative body of CFD No. 2014-2, through the application of the appropriate Special Tax rate, as described below.
All of the property in CFD No. 2014 -2, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 2014 -2 unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final subdivision map, a final parcel map, a final approved condominium plan, or functionally equivalent final map or instrument recorded in the Office of the County Recorder. If the area shown on said map is in square footage, Acreage shall be calculated by di viding the square footage by 43,560.
“Additional Load and Decorative Lighting Parcel” means any Parcel that is determined by the City to be both an Additional Load Parcel and a Decorative Lighting Parcel. “Additional Load Parcel” means any Parcel of Comm ercial Property or Industrial Property that is determined by the City to create excessive wear and tear on the roadways and/or a high volume of vehicular traffic.
“Administrative Expenses” means the costs incurred by the City to determine, levy and collect the Special Tax, including salaries of City employees and fees of consultants and the costs of collecting installments of the Special Taxes upon the general tax rolls, preparation of required reports, and any other costs required to administer the CFD. “Administrator” means the person or firm designated by the City to administer the Special Taxes according to this Rate and Method of Apportionment of Special Tax.
ITEM 16.7.
ATTACHMENT 4
City of Rancho Cordova August 24, 2023 CFD No. 2014-2 (Street, Lighting and Landscaping Maintenance)
“Annual Escalation Factor” means the annual percentage increase in the McGraw -Hill Engineering News Record Construction Cost Index (ENR CCI) for the San Francisco area from January of the previous year to January of the year that the Special Tax is levied. In the event that the ENR CCI defined above is no longer reported, the City Council shall select a similar index to replace it.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel number.
“Assessor’s Parcel Map” means an official map of the County Assessor designating parcels by Assessor’s Parcel number.
“Authorized Services” means the public services authorized to be funded by CFD No. 2014-2 as set forth in the documents adopted by the City Council when the CFD was formed. “CFD” or “CFD No. 2014 -2” means the City of Ran cho Cordova Community Facilities District No. 2014-2 (Street, Lighting and Landscaping Maintenance). “City” means the City of Rancho Cordova.
“City Council” means the City Council of the City of Rancho Cordova, acting as the legislative body of CFD No. 2014-2.
“Commercial Property” means, in any Fiscal Year, all Developed Property for which a building permit or use permit has been issued for a commercial establishment which includes, but is not limited to, retail stores, clothing stores, book stores, con venience stores, drug stores, professional services (i.e., barber shops, dry cleaners), restaurants, supermarkets, hospitals, movie theaters, appliance and electronics stores, home supply stores, auto parts stores, and other retail uses. The City shall make the determination if a Parcel is Commercial Property. “County” means the County of Sacramento.
“Decorative Lighting Parcel” means any Parcel of Developed Property that is determined by the City to have or benefit from decorative lighting features. “Developed Property” means, in any Fiscal Year, all Parcels of Taxable Property for which a use permit or building permit for new construction of a residential or non -residential structure (which shall not include a permit issued solely for construction of t he foundation if another permit remains to be issued for vertical construction of the building) was issued prior to June 30 of the preceding Fiscal Year.
“Fiscal Year” means the period starting on July 1 and ending on the following June 30. “Heavy Truck T raffic Parcel” means, any Parcel of Developed Property that is determined by the City to have heavy truck traffic impact on the public streets and include, but are not limited to, fulfillment centers, logistics centers, freight, truck terminals, and other ITEM 16.7.
ATTACHMENT 4
City of Rancho Cordova August 24, 2023 CFD No. 2014-2 (Street, Lighting and Landscaping Maintenance)
facilities intended for the movement of goods (manufactured or raw) prior to their distribution. “Hotel Property” means, in any Fiscal Year, all Developed Property for which a building permit or use permit has been issued for a structure that constitutes a place of lodging providing sleeping accommodations and related facilities for travelers. “Industrial Property” means, in any Fiscal Year, all Developed Property for which a building permit or use permit has been issued for construction of an industrial, manufacturing, or warehousing structure, fulfillment centers, logistics centers, freight, truck terminals, and other facilities intended for the movement of goods (manufactured or raw) prior to their distribution.
The City shall make the determination if a Parcel is Industrial Property. “Maximum Special Tax” means the greatest amount of Special Tax that can be levied on an Assessor’s Parcel in any Fiscal Year determined in accordance with Section C below.
“Micro-Unit Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit or use permit has been issued for construction of a residential structure with five (5) or more Units of approximately 800 square feet of floor area or less for each such Unit that share a single Assessor’s Parcel number, all of which are offered fo r rent to the general public and cannot be purchased by individual homebuyers.
“Multi-Family Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit or use permit has been issued for construction of a residential structure with five (5) or more Units that share a single Assessor’s Parcel number, all of which are offered for rent to the general public and cannot be purchased by individual homebuyers.
“Non-Residential Property” means, collectively, Commercial Prope rty, Hotel Property, Industrial Property, and Office Property.
“Office Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit or use permit has been issued for a building in which professional, banking, insurance, real estate, administrative or in -office medical or dental activities are conducted. The City shall make the determination if a Parcel is Office Property.
“Ordinary Use Parcel” means any Parcel of Taxable Property that is not an Additional Load Parcel, Decorative Lighting Parcel, Residential Alley Parcel, Additional Load and Decorative Lighting Parcel, Residential Alley and Decorative Lighting Parcel , Private Street Parcel, 50/50 Public & Private Residential Street Parcel, or Heavy Truck Traffic Parcel.
“Private Street Parcel” means, any Taxable Property where all or the majority of the residential streets are private within the development and the maintenance of the residential components are not funded by the CFD or by the federal government, State of California, County, City, or other public agency.
ITEM 16.7.
ATTACHMENT 4
City of Rancho Cordova August 24, 2023 CFD No. 2014-2 (Street, Lighting and Landscaping Maintenance)
“50/50 Public & Private Residential Street Parcel” means, any Taxable Property where there is a fairly even split of public and private streets associated with a development.
“Proportionately” means that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Parcels of Developed Property.
“Public Property” means any property within the boundaries of CFD No. 2014-2 that is owned by the federal government, State of California, County, City, or other public agency.
“Residential Alley and Decorative Lighting Parcel” means any Parcel that is determined by the City to be both a Residential Alley Parcel and a Decorative Lighting Parcel.
“Residential All ey Parcel” means any Parcel of Residential Property that is determined by the City to have residential alleys that are part of the public roadways.
“Residential Property” means, collectively, Single Family Attached Property, Single Family Detached Property, Multi-Family Property, and Micro-Unit Property.
“Single Family Attached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit was issued for construction of a residential structure consisting of two (2) to four (4) Units that share common walls, have separate Assessor’s Parcel numbers assigned to them (except for a duplex unit, which may share an Assessor’s Parcel with anothe r duplex unit), and are offered as for -sale Units (which shall still be the case even if the Units are purchased and subsequently offered for rent by the owner of the Unit(s)), including such residential structures that meet the statutory definition of a condominium contained in Civil Code Section 1351.
“Single Family Detached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit was issued for construction of a Unit that does not share a common wall with another Unit.
“Soundwall Parcel” means any Parcel of Developed Property whose tract boundary is encompassed by soundwalls maintained within the CFD.
“Special Tax Requirement” means the amount of revenue needed in any Fiscal Year to pay for the following: (i) A uthorized Services, (ii) Administrative Expenses, and (iii) amounts needed to cure any delinquencies in the payment of Special Taxes which have occurred or (based on delinquency rates in prior years) may be expected to occur in the Fiscal Year in which the tax will be collected.
“Special Tax” means a special tax levied in any Fiscal Year on property within CFD No. 2014-2 to pay the Special Tax Requirement.
“Square Foot,” “Square Footage,” or “Square Feet” means the building square footage reflected on the original building permit issued for construction of a building.
ITEM 16.7.
ATTACHMENT 4
City of Rancho Cordova August 24, 2023 CFD No. 2014-2 (Street, Lighting and Landscaping Maintenance)
“Taxable Property” means all Assessor’s Parcels within the boundaries of CFD No. 2014-2 which are not exempt from the Special Tax pursuant to law or Section E below.
“Taxable Public Property” means, in any Fiscal Year, all Assessor’s Parcels in CFD No. 2014 -2 that had, in prior Fiscal Years, been taxed as Developed Property and subsequently came under the ownership of a public agency.
“Tax Zone” means a mutually exclusive tax zone identified in Attachment 1 of this Rate and Method of Apportionment of Special Tax, as may be updated to include new Parcels or new tax zones added to the CFD as a result of future annexations.
“Unit” means an individual single -family detached unit or an individual residential unit within a duplex, triplex, fourplex, townhome, condominium, or apartment structure. Unit shall also mean a rentable single hotel room or rentable unit on a Parcel of Hotel Property.
B. DATA COLLECTION FOR ANNUAL TAX LEVY
Each Fiscal Year, the Administrator shall identify the current Assessor’s Parcel number for all Parcels of Taxable Property within CFD No. 2014-2 and shall determine within which Tax Zone each Assessor’s Parcel is located. Upon each annexation of property into CFD No. 2014-2, the Administrator shall update Attachment 1 to include the new Assessor’s Parcel number(s). In addition, for all Parcels of Developed Property, if applicable to the Tax Zone in which the Parcels are located, the Administrator shall d etermine if each Parcel is an Ordinary Use Parcel, an Additional Load Parcel, a Residential Alley Parcel, a Decorative Lighting Parcel, an Additional Load and Decorative Lighting Parcel, a Residential Alley and Decorative Lighting Parcel, Private Street Parcel, 50/50 Public & Private Residential Street Parcel, or a Heavy Truck Traffic Parcel.
Based on review of building permit records for property within the CFD, the Administrator shall determine which Parcels in the CFD are Developed Property for purposes of levying the Special Tax pursuant to Section D below. For Single Family Attached Property, Multi- Family Property , Micro -Unit Property, and Hotel Property, the number of Units shall be determined by referencing the condominium plan, apartment plan, site p lan or other development plan for the property. For Residential Property, the Administrator shall determine the Square Footage of each Unit. For Non -Residential Property, the Administrator shall determine the Acreage of, and Square Footage on, each Parcel.
If a Parcel in the CFD is rezoned prior to such Parcel becoming Developed Property, the City may in its sole discretion, move the Parcel to a different Tax Zone based on the rezone. If a Parcel rezones after the Parcel has been taxed as Developed Prop erty in prior Fiscal Years, the City can either continue to apply the Maximum Special Tax to the Parcel that had applied prior to the rezone or, in the City’s sole discretion, allow for the Parcel to be moved to a different Tax Zone based on the rezone.
In any Fiscal Year, if it is determined that (i) a parcel map for a portion of property in CFD ITEM 16.7.
ATTACHMENT 4
City of Rancho Cordova August 24, 2023 CFD No. 2014-2 (Street, Lighting and Landscaping Maintenance)
No. 2014-2 was recorded after January 1 of the prior Fiscal Year (or any other date after which the Assessor will not incorporate the newly -created Parcels into t he then current tax roll), (ii) because of the date the parcel map was recorded, the Assessor does not yet recognize the new Parcels created by the parcel map, and (iii) one or more of the newly -created Parcels meets the definition of Developed Property, t he Administrator shall calculate the Special Tax for the property affected by recordation of the parcel map by determining the Special Tax that applies separately to each newly-created Parcel, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the parcel map.
C. MAXIMUM SPECIAL TAX
1. All Tax Zones
The following Maximum Special Taxes apply to all Parcels of Developed Property within each Tax Zone of CFD No. 2014-2, unless otherwise specified in Attachment 1.
a. Ordinary Use Parcel
MAXIMUM SPECIAL TAXES
ORDINARY USE PARCEL
(FISCAL YEAR 2022-23)
On July 1st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.
Land Use Class Rate
Single Family Detached Property per Unit $491.78
Single Family Attached Property per Unit $388.50
Multi-Family Property per Unit $280.31
Micro-Unit Property per Unit $186.97
Commercial Property per 1,000 Sq. Ft. $733.73
Hotel Property per Unit $290.15
Industrial Property per 1,000 Sq. Ft. $221.30
Office Property per 1,000 Sq. Ft. $732.75
ITEM 16.7.
ATTACHMENT 4
City of Rancho Cordova August 24, 2023 CFD No. 2014-2 (Street, Lighting and Landscaping Maintenance)
b. Residential Alley Parcel
MAXIMUM SPECIAL TAXES
RESIDENTIAL ALLEY PARCEL
(FISCAL YEAR 2022-23)
On July 1st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.
c. Decorative Lighting Parcel
MAXIMUM SPECIAL TAXES
DECORATIVE LIGHTING PARCEL
(FISCAL YEAR 2022-23)
On July 1st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.
Land Use Class Rate
Single Family Detached Property per Unit $533.89
Single Family Attached Property per Unit $421.77
Multi-Family Property per Unit $304.32
Micro-Unit Property per Unit $202.98
Commercial Property per 1,000 Sq. Ft. N/A
Hotel Property per Unit N/A
Industrial Property per 1,000 Sq. Ft. N/A
Office Property per 1,000 Sq. Ft. N/A
Land Use Class Rate
Single Family Detached Property per Unit $499.30
Single Family Attached Property per Unit $394.44
Multi-Family Property per Unit $284.60
Micro-Unit Property per Unit $189.83
Commercial Property per 1,000 Sq. Ft. $744.95
Hotel Property per Unit $294.58
Industrial Property per 1,000 Sq. Ft. $224.68
Office Property per 1,000 Sq. Ft. $743.95
ITEM 16.7.
ATTACHMENT 4
City of Rancho Cordova August 24, 2023 CFD No. 2014-2 (Street, Lighting and Landscaping Maintenance)
d. Additional Load Parcel
MAXIMUM SPECIAL TAXES
ADDITIONAL LOAD PARCEL
(FISCAL YEAR 2022-23)
On July 1st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.
e. Soundwall Parcel
MAXIMUM SPECIAL TAXES
SOUNDWALL PARCEL
(FISCAL YEAR 2022-23)
On July 1st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.
Land Use Class Rate
Single Family Detached Property per Unit N/A
Single Family Attached Property per Unit N/A
Multi-Family Property per Unit N/A
Micro-Unit Property per Unit N/A
Commercial Property per 1,000 Sq. Ft. $761.58
Hotel Property per Unit N/A
Industrial Property per 1,000 Sq. Ft. $229.70
Office Property per 1,000 Sq. Ft. N/A
Land Use Class Rate
Single Family Detached Property per Unit $512.68
Single Family Attached Property per Unit $405.02
Multi-Family Property per Unit $292.22
Micro-Unit Property per Unit $194.91
Commercial Property per 1,000 Sq. Ft. $764.92
Hotel Property per Unit $302.48
Industrial Property per 1,000 Sq. Ft. $230.71
Office Property per 1,000 Sq. Ft. $763.90
ITEM 16.7.
ATTACHMENT 4
City of Rancho Cordova August 24, 2023 CFD No. 2014-2 (Street, Lighting and Landscaping Maintenance)
f. Additional Load and Decorative Lighting Parcel
MAXIMUM SPECIAL TAXES
ADDITIONAL LOAD AND DECORATIVE LIGHTING PARCEL
(FISCAL YEAR 2022-23)
On July 1st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.
g. Residential Alley and Decorative Lighting Parcel
MAXIMUM SPECIAL TAXES
RESIDENTIAL ALLEY AND DECORATIVE LIGHTING PARCEL
(FISCAL YEAR 2022-23)
On July 1st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.
Land Use Class Rate
Single Family Detached Property per Unit N/A
Single Family Attached Property per Unit N/A
Multi-Family Property per Unit N/A
Micro-Unit Property per Unit N/A
Commercial Property per 1,000 Sq. Ft. $772.80
Hotel Property per Unit N/A
Industrial Property per 1,000 Sq. Ft. $233.08
Office Property per 1,000 Sq. Ft. N/A
Land Use Class Rate
Single Family Detached Property per Unit $541.41
Single Family Attached Property per Unit $427.72
Multi-Family Property per Unit $308.60
Micro-Unit Property per Unit $205.84
Commercial Property per 1,000 Sq. Ft. N/A
Hotel Property per Unit N/A
Industrial Property per 1,000 Sq. Ft. N/A
Office Property per 1,000 Sq. Ft. N/A
ITEM 16.7.
ATTACHMENT 4
City of Rancho Cordova August 24, 2023 CFD No. 2014-2 (Street, Lighting and Landscaping Maintenance)
h. Residential Alley and Soundwall Parcel
MAXIMUM SPECIAL TAXES
RESIDENTIAL ALLEY AND SOUNDWALL PARCEL
(FISCAL YEAR 2022-23)
On July 1st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.
i. Decorative Lighting and Soundwall Parcel
MAXIMUM SPECIAL TAXES
DECORATIVE LIGHTING AND SOUNDWALL PARCEL
(FISCAL YEAR 2022-23)
On July 1st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.
Land Use Class Rate
Single Family Detached Property per Unit $558.08
Single Family Attached Property per Unit $440.89
Multi-Family Property per Unit $318.11
Micro-Unit Property per Unit $212.18
Commercial Property per 1,000 Sq. Ft. N/A
Hotel Property per Unit N/A
Industrial Property per 1,000 Sq. Ft. N/A
Office Property per 1,000 Sq. Ft. N/A
Land Use Class Rate
Single Family Detached Property per Unit $520.02
Single Family Attached Property per Unit $410.80
Multi-Family Property per Unit $296.41
Micro-Unit Property per Unit $197.70
Commercial Property per 1,000 Sq. Ft. $775.85
Hotel Property per Unit $306.80
Industrial Property per 1,000 Sq. Ft. $234.00
Office Property per 1,000 Sq. Ft. $774.82
ITEM 16.7.
ATTACHMENT 4
City of Rancho Cordova August 24, 2023 CFD No. 2014-2 (Street, Lighting and Landscaping Maintenance)
j. Residential Alley, Decorative Lighting, and Soundwall Parcel
MAXIMUM SPECIAL TAXES
RESIDENTIAL ALLEY, DECORATIVE LIGHTING AND SOUNDWALL PARCEL (FISCAL YEAR 2022-23)
On July 1st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.
k. Private Street Parcel
MAXIMUM SPECIAL TAXES
PRIVATE STREET PARCEL
(FISCAL YEAR 2022-23)
On July 1st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.
Land Use Class Rate
Single Family Detached Property per Unit $561.81
Single Family Attached Property per Unit $443.82
Multi-Family Property per Unit $320.22
Micro-Unit Property per Unit $213.59
Commercial Property per 1,000 Sq. Ft. N/A
Hotel Property per Unit N/A
Industrial Property per 1,000 Sq. Ft. N/A
Office Property per 1,000 Sq. Ft. N/A
Land Use Class Rate
Single Family Detached Property per Unit $323.10
Single Family Attached Property per Unit $255.24
Multi-Family Property per Unit $184.16
Micro-Unit Property per Unit $122.84
Commercial Property per 1,000 Sq. Ft. N/A
Hotel Property per Unit N/A
Industrial Property per 1,000 Sq. Ft. N/A
Office Property per 1,000 Sq. Ft. N/A
ITEM 16.7.
ATTACHMENT 4
City of Rancho Cordova August 24, 2023 CFD No. 2014-2 (Street, Lighting and Landscaping Maintenance)
l. 50/50 Public & Private Residential Street Parcel
MAXIMUM SPECIAL TAXES
50/50 PUBLIC & PRIVATE STREET PARCEL
(FISCAL YEAR 2022-23)
On July 1st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.
m. Heavy Truck Traffic Parcel
MAXIMUM SPECIAL TAXES
HEAVY TRUCK TRAFFIC PARCEL
(FISCAL YEAR 2022-23)
Land Use Class Rate
Single Family Detached Property per Unit $407.19
Single Family Attached Property per Unit $321.68
Multi-Family Property per Unit $232.10
Micro-Unit Property per Unit $154.81
Commercial Property per 1,000 Sq. Ft. N/A
Hotel Property per Unit N/A
Industrial Property per 1,000 Sq. Ft. N/A
Office Property per 1,000 Sq. Ft. N/A
Land Use Class Rate
Single Family Detached Property per Unit N/A
Single Family Attached Property per Unit N/A
Multi-Family Property per Unit N/A
Micro-Unit Property per Unit N/A
Commercial Property per 1,000 Sq. Ft. N/A
Hotel Property per Unit N/A
Industrial Property per 1,000 Sq. Ft. $317.99
Office Property per 1,000 Sq. Ft. N/A
ITEM 16.7.
ATTACHMENT 4
City of Rancho Cordova August 24, 2023 CFD No. 2014-2 (Street, Lighting and Landscaping Maintenance)
D. METHOD OF LEVY AND COLLECTION OF SPECIAL TAX
Each Fiscal Year, the Special Tax shall be levied as follows until the amount of the levy equals the Special Tax Requirement for that Fiscal Year:
First: The Special Tax shall be levied proportionately on each Parcel of Developed Property up to 100% of the Maximum Special Tax determined for each category of Developed Property within the CFD and each Tax Zone until the amount levied is equal to the Special Tax Requirement for the Fiscal Year.
Second: If additional revenue is needed after the first step has been completed, the Special Tax shall be levied proportionately on each Parcel of Taxable Public Property up to 100% of the Maximum Special Tax that would have applied to the Parcel had the Parcel not become Public Property until the amount levied is equal to the Special Tax Requirement for the Fiscal Year.
The Special Tax for CFD No. 2014 -2 shall be collected at the same time and in the same manner as ordinary ad valorem property taxes provided, however, that the City may (under the authority of Govern ment Code Section 53340) collect Special Taxes at a different time or in a different manner if necessary to meet CFD No. 2014 -2 financial obligations and the Special Tax shall be equally subject to foreclosure if delinquent.
E. LIMITATIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no special Tax shall be levied on (i) any Parcel of Public Property that is not Taxable public Property, and (ii) any Parcel in CFD No. 2014 -2 that is not Developed Property.
F. DURATION OF SPECIAL TAX
The Special Tax shall be levied in perpetuity to fund the Special Tax Requirement, unless no longer required as determined at the sole discretion of the City Council.
G. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that does not materially affect the Rate and Method of Apportionment of Special Taxes.
In addition, the interpretation and application of any section of this document shall be left to the City’s discretion. The City may make interpretations by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment of Special Taxes.
ITEM 16.7.
ATTACHMENT 4
City of Rancho Cordova August 24, 2023 CFD No. 2014-2 (Street, Lighting and Landscaping Maintenance)
ATTACHMENT 1
CITY OF RANCHO CORDOVA
COMMUNITY FACILITIES DISTRICT NO. 2014-2
(STREET, LIGHTING AND LANDSCAPING MAINTENANCE)
IDENTIFICATION OF TAX ZONES
TAX ZONE 1
Assessor’s Parcels Included in Tax
Zone 1 *
Fiscal Year In
Which Property Was
Added to CFD No.
2014-2
067-1210-001 through 067-1210-
055
067-1220-001 through 067-1220-
059
067-1230-001 through 067-1230-
060
2013-14
Tax Zone 1 – Maximum Special Taxes
The Maximum Special Taxes for Zone 1 do not incorporate the long -term maintenance activities which are included as a part of CFD No. 2014-1. On July 1 of each Fiscal Year thereafter, the Maximum Special Taxes shall be increased by the Annual Escalation Factor.
MAXIMUM SPECIAL TAXES
SOUNDWALL AND DECORATIVE LIGHTING PARCEL
(EXCLUDING LONG-TERM MAINTENANCE)
(FISCAL YEAR 2022-23)
Rate
Single Family Detached Property per Unit $367.21
Single Family Attached Property per Unit $290.10
Multi-Family Property per Unit $209.32
Commercial Property per 1,000 Sq. Ft. $275.56
Hotel Property per Unit $216.65
Industrial Property per 1,000 Sq. Ft. $165.24
Office Property per 1,000 Sq. Ft. $275.56
Land Use Class
ITEM 16.7.
ATTACHMENT 4
City of Rancho Cordova August 24, 2023 CFD No. 2014-2 (Street, Lighting and Landscaping Maintenance)
TAX ZONE 2
Tax Zone 2 – Maximum Special Taxes
These Maximum Special Taxes include the maintenance of street lighting only. On July 1 of each Fiscal Year thereafter, the Maximum Special Taxes shall be increased by the Annual Escalation Factor.
MAXIMUM SPECIAL TAXES
DECORATIVE LIGHTING ONLY
(FISCAL YEAR 2022-23)
Assessor's Parcels Included in Tax Zone 2*
067-1050-001 Through 067-1050-009 2016-17
072-2870-001 Through 072-2870-072
072-2880-001 Through 072-2880-082
072-2890-001 Through 072-2890-088
072-2900-001 Through 072-2900-080
072-2910-001 Through 072-2910-083 2014-15
072-2920-001 Through 072-2920-069
072-2940-001 Through 072-2940-066
072-2950-001 Through 072-2950-063
072-2960-001 Through 072-2960-065
Fiscal Year in Which
Property was Added to
CFD No. 2014-2
Land Use Class Rate
Single Family Detached Property per Unit $49.86
Single Family Attached Property per Unit $49.86
Multi-Family Property per Unit $206.01
Commercial Property per 1,000 Sq. Ft. $275.56
Hotel Property per Unit $213.28
Industrial Property per 1,000 Sq. Ft. $162.67
Office Property per 1,000 Sq. Ft. $275.56
ITEM 16.7.
ATTACHMENT 4
City of Rancho Cordova August 24, 2023 CFD No. 2014-2 (Street, Lighting and Landscaping Maintenance)
TAX ZONE 3
Tax Zone 3 – Maximum Special Taxes
These Maximum Special Taxes include the maintenance of soundwalls. On July 1 of each Fiscal Year thereafter, commencing July 1, 2015, the Maximum Special Taxes shall be increased by the Annual Escalation Factor.
MAXIMUM SPECIAL TAXES
SOUNDWALL PARCEL
(FISCAL YEAR 2022-23)
Assessor's Parcels Included in Tax Zone 3*
067-1070-001 Through 067-1070-059
067-1090-001 Through 067-1090-089
067-1060-003 Through 067-1060-004
067-1170-001 Through 067-1170-085
067-1180-001 Through 067-1180-016
067-1190-001 Through 067-1190-066
067-1200-001 Through 067-1200-054
067-1100-008
067-1240-001 Through 067-1240-048
067-1250-001 Through 067-1250-108
067-1100-005 Through 067-1100-007
067-1120-001 Through 067-1120-027
067-1130-001 Through 067-1130-176
067-1140-001 Through 067-1140-038
067-1080-007 Through 067-1080-017
067-1150-001 Through 067-1150-080
067-1160-001 Through 067-1160-065
067-1260-001 Through 067-1260-061
067-1270-001 Through 067-1270-113
067-1280-001 Through 067-1280-094
067-1290-001 Through 067-1290-032
2018-19
2017-18
2016-17
Fiscal Year in Which
Property was Added to
CFD No. 2014-2
Rate
Single Family Detached Property per Unit $512.68
Single Family Attached Property per Unit $405.02
Multi-Family Property per Unit $292.22
Commercial Property per 1,000 Sq. Ft. $764.92
Hotel Property per Unit $302.48
Industrial Property per 1,000 Sq. Ft. $230.71
Office Property per 1,000 Sq. Ft. $763.90
Land Use Class
ITEM 16.7.
ATTACHMENT 4
City of Rancho Cordova August 24, 2023 CFD No. 2014-2 (Street, Lighting and Landscaping Maintenance)
TAX ZONE 4
Tax Zone 4 – Maximum Special Taxes
These Maximum Special Taxes include the maintenance of streets determined by the City to have a heavy impact on the public streets. On July 1 of each Fiscal Year thereafter, commencing July 1, 2024, the Maximum Special Taxes shall be increased by the Annual Escalation Factor.
MAXIMUM SPECIAL TAXES
HEAVY TRUCK TRAFFIC PARCEL
(FISCAL YEAR 2022-23)
* The property identified by the Assessor’s Parcel Numbers listed above shall remain part of the identified Tax Zone regardless of changes in the configuration of the Assessor’s Parcels or changes to APNs in future Fiscal Years. As APNs change, the City may update Attachment 1 to reflect the most current APNs and Tax Zones consistent with the categories of Developed Property set forth in the Rate and Method of Apportionment of Special Tax for CFD No. 2014-2.
Assessor's Parcels Included in Tax Zone 4*
072-4050-017 Through 072-4050-029 2022-23
Fiscal Year in Which
Property was Added to
CFD No. 2014-2
Land Use Class Rate
Single Family Detached Property per Unit N/A
Single Family Attached Property per Unit N/A
Multi-Family Property per Unit N/A
Micro-Unit Property per Unit N/A
Commercial Property per 1,000 Sq. Ft. N/A
Hotel Property per Unit N/A
Industrial Property per 1,000 Sq. Ft. $317.99
Office Property per 1,000 Sq. Ft. N/A
ITEM 16.7.
ATTACHMENT 4
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 16.8.
DATE: October 2, 2023
TO: Honorable Mayor and Council Members
FROM: Dalia Fadl, Principal Engineer
SUBJECT: A RESOLUTION APPROVING THE BOUNDARY MAP FOR THE
RANCH ACTIVE ADULT PROJECT ANNEXATION TO THE CITY OF
RANCHO CORDOVA COMMUNITY FACILITIES DISTRICT NO. 2018-2 (COMMUNITY PLACES AND NEIGHBORHOOD GREENS).
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would approve Annexation Boundary Map No. 7 for the Ranch Active Adult project to Community Facilities District No. 2018-2 (Community Places and Neighborhood Greens) and approve the recording of the Annexation Boundary Map and the Notice of Special Tax Lien.
BACKGROUND
On August 6, 2018, the City adopted a Resolution of Intention to establish a Community Facilities District (CFD) and Future Annexation Area for citywide maintenance of community places and neighborhood greens. The special tax contributes to the cost of the operation and maintenance of public improvements, including community plazas, neighborhood greens, and regional trails. On September 17, 2018, the City adopted the resolution forming CFD No. 2018- 2 pursuant to the Mello-Roos Community Facilities Act of 1982 (State of California Government Code Section 5311 et seq.) (the “Act”). The action defining the Future Annexation Area for the District provided for a more efficient process for the annexation of property when the property owners have provided unanimous consent. Defining the Future Annexation Area provided the resolution of intention, noticing, and public hearing for the entire Future Annexation Area, so these steps do not need to be repeated for each annexation.
The annexation process for projects within the Future Annexation Area is streamlined to receiving a petition and waiver from the property owner(s), the City Council approving the Annexation Boundary Map by resolution, followed by the recording of the Annexation Boundary Map and Notice of Special Tax Lien by the City Clerk.
DISCUSSION
The project included in this action was conditioned to annex to CFD No. 2018-2 to provide
City Council Staff Report - Page 2 of 2
funding for maintenance of community places and neighborhood greens, including community plazas and bicycle trails, and to pay for the capital replacement of said facilities. In September 2023, the property owners signed a unanimous approval of the annexation to CFD No. 2018-2 (see Attachment 4). Adoption of the attached Resolution approves Annexation Boundary Map No. 7 for the Ranch Active Adult project and directs the City Clerk to execute and record the Annexation Boundary Map and Notice of Special Tax Lien for the project.
FISCAL IMPACT AND FUNDING SOURCE
This annexation has no impact on the City's General Fund. Funds collected will be used for maintenance of community places and neighborhood greens.
ATTACHMENT(S)
1. Resolution
2. Exhibit A to the Resolution - Proposed Boundary of Annexation
3. Exhibit B to the Resolution - Amended Notice of Special Tax Lien
4. Unanimous Approval
ITEM 16.8. 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 BOUNDARY MAP FOR THE RANCH ACTIVE ADULT
PROJECT ANNEXATION TO THE CITY OF RANCHO CORDOVA COMMUNITY FACILITIES DISTRICT NO. 2018-2 (COMMUNITY PLACES AND NEIGHBORHOOD GREENS)
WHEREAS, the Conditions of Approval for the Ranch Active Adult project require the property owner/applicant to participate in the provision of funding to provide fair share maintenance of Community Places and Neighborhood Greens associated with the project; and
WHEREAS, on August 6, 2018, the City adopted a Resolution of Intention to establish Community Facilities District No. 2018-2 (Community Places and Neighborhood Greens) (the “District”) and Future Annexation Area for maintenance of community places and neighborhood greens. On September 17, 2018, the City adopted a Resolution forming CFD No. 2018-2 pursuant to the Mello-Roos Community Facilities Act of 1982 (State of California Government Code Section 5311 et seq.) (the “Act”); and
WHEREAS, the action defining the Future Annexation Area for the District provided for a more efficient process for the annexation of property when the property owners have provided for their unanimous consent such that the annexation process for projects within the Future Annexation Area has been reduced to receiving a petition, consent and waiver from the property owner(s); and
WHEREAS, in September 2023, the property owner(s)s executed a unanimous approval form which irrevocably consents to and votes in favor of the annexation of the property to the District and the levy of the special tax on the property to finance the services of the CFD in accordance with the Rate and Method of the District; and
WHEREAS, in the case of annexation proceedings, pursuant to Streets and Highways Code Section 3110.5 a separate map of the area proposed to be annexed is required to be prepared and adopted; and
WHEREAS, City staff has caused to be prepared Annexation Boundary Map No. 7 for the property known as the Ranch Active Adult project, Exhibit A attached hereto, for the annexation of the property to No. 2018-2 (Community Places and Neighborhood Greens).
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA as follows:
1. The Council so finds and determines the above recitals are true and correct.
2. Council approves Annexation Boundary Map No. 7 and finds and determines that the territory shown in the Annexation Boundary Map is hereby added to and made a part of the District with full legal effect.
3. The City Clerk is directed to execute and record Annexation Boundary Map No. 7 in the office of the County Recorder of Sacramento County not later than 15 days after the
ITEM 16.8. ATTACHMENT 1 Resolution No. XX-2023 Page 2 of 2 adoption of this resolution.
4. The City Council finds and determines that a special tax shall be levied within the Territory to be annexed and which special tax shall be the same as the tax to be levied within the District. Collection of said tax shall commence in Fiscal Year 2023-2024, and the rate and method of apportionment of said tax shall be as set forth in the Resolution of Formation of the District.
5. The City Clerk is directed to execute and record a Notice of Special Tax Lien in substantially the same form as shown in Exhibit B attached hereto, in the office of the County Recorder of Sacramento County not later than 15 days after recordation of the Annexation Boundary Map No. 7.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 2nd day of October 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Linda Budge, Mayor
Stacy Leitner, CMC
City Clerk
CHRYSANTHY BLVD
RANCHO CORDOVA PKWY
APN
067-2420-001
APN
067-2420-025
APN
067-2420-019
APN
067-2420-021
APN
067-2420-026
APN
067-2420-020
APN
067-2420-018
APN
067-2420-024APN
067-2420-034
APN
067-2420-022
APN
067-2420-023
APN
067-2420-028APN
067-2420-031
APN
067-2420-030
APN
067-2420-029
APN
067-2420-027
APN
067-2420-032
APN
067-2420-033
AMENDED PROPOSED BOUNDARY MAP
1 1
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
!
1 " = 500 '
Legend
Annexation Boundary
REFERENCE THE SACRAMENTO COUNTY ASSESSOR'S MAPS FOR A DETAILED DESCRIPTION OF PARCEL LINES AND DIMENSIONS
SUNRISE BLVD
DOUGLAS RD
KIEFER BLVD
NIKE RD
GRANT LINE RD
US 50
WHITE ROCK RD
VICINITY MAP
ANNEXATION
LOCATION
PROPOSED BOUNDARY OF
ANNEXATION 7
(THE RANCH ACTIVE ADULT) TO
CITY OF RANCHO CORDOVA
COMMUNITY FACILITIES DISTRICT NO. 2018-2
(COMMUNITY PLACES AND NEIGHBORHOOD GREENS)
City of Rancho Cordova
Annexation 7 (The Ranch Active Adult)
Community Facilities District No. 2018-2
County of Sacramento, California
Sheet ____ of ____
CLERK'S MAP STATEMENT
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF RANCHO CORDOVA THIS ______ DAY OF ______________ 2023. _____________________________________________
CITY CLERK OF THE CITY OF RANCHO CORDOVA
CLERK'S MAP STATEMENT
I HEREBY CERTIFY THAT THE AREA SHOWN ON THIS MAP OF THE PROPOSED ANNEXATION 7 TO COMMUNITY FACILITIES DISTRICT NO. 2018-2, (COMMUNITY PLACES AND NEIGHBORHOOD GREENS), CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO,
STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA AT A REGULARLY SCHEDULED MEETING THEREOF, HELD ON THE ____ DAY OF ______________ 2023. BY ITS RESOLUTION NO. _____________. _____________________________________________
CITY CLERK OF THE CITY OF RANCHO CORDOVA
COUNTY RECORDER'S FILING STATEMENT
FILED THIS ______ DAY OF ________________ 2023. AT THE HOUR OF ___________ O'CLOCK ____.M. IN BOOK _______ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS PAGE NO. _____ IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF SACRAMENTO, STATE OF CALIFORNIA.
DONNA ALLRED
BY: ___________________________________________________ DEPUTY
FILE: ___________________________________________________
COUNTY RECORDER OF THE COUNTY OF SACRAMENTO, CALIFORNIA
HARRIS & ASSOCIATES
101 PROGRESS, SUITE 250
IRVINE, CALIFORNIA 92618
800-827-4901
ITEM 16.8.
ATTACHMENT 2
Exhibit A to the Resolution