Rancho Cordova City Council
April 2, 2024

CITY OF RANCHO CORDOVA

CITY COUNCIL MEETING
Tuesday, April 2, 2024
5:30 PM – Regular Meeting
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova
How to Observe or Listen to the Meeting:
• Online via Zoom: https://cityofranchocordova.zoom.us/j/81630466928 Webinar ID: 816 3046 6928
• By phone: +1 669 900 6833 or +1 253 215 8782
Webinar ID: 816 3046 6928
Public Comment

Members of the public who wish to address the City Council may do so in person during the meeting by completing and submitting a Speaker Card to the City Clerk.

Members of the public who wish to provide public comment via email will need to submit comments to [email protected] no later than 2:00 p.m. on Tuesday, April 2, 2024. 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.

If you have questions related to the City Council Meeting, please contact the City Clerk’s Office at (916) 851-8720 before Tuesday, April 2, 2024, at 2:00 p.m.

AGENDA

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

Rancho Cordova City Council - AGENDA
Regular Meeting of Tuesday, April 2, 2024

David Sander

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

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

4. INVOCATION
Julie Steinbach with the United Methodist Church of Rancho Cordova will give the invocation.

5. PRESENTATIONS

5.1. Presentation of Proclamation to Blessings in a Backpack for its Tenth Anniversary.

5.2. Presentation of Proclamation for Fair Housing Month.

5.3. May the 4th be with you! A Special Presentation and Invitation from E-Sports Gaming!

5.4. Council Member Linda Budge's Birthday on April 10, 2023.

6. PUBLIC COMMENT
Members of the public wishing to address the Council for any matter not on the agenda may do so at this time by completing and submitting a Speaker Card to 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.

7. COUNCIL REPORTS

8. CITY MANAGER'S REPORT

9. CONSENT CALENDAR ITEMS - ROLL CALL VOTE

9.1. Subject: Meeting Minutes from the Regular City Council Meeting of March 18, 2024, and the Special Meeting of March 21, 2024.

Recommendation: Adopt the minutes.

9.2. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 2021-284-1 with Sacramento Splash to Extend the Contract Term from June 30, 2024, to June 30, 2026, which would Result in an Increase to the Contract Amount from $120,000 to an Amount not to Exceed $202,400 for Stormwater Outreach Services.

Recommendation: Adopt the Resolution.

9.3. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 53- 2019-2 with MCE Corporation to Extend the Contract Term from June 30, 2024, to June 30,

Rancho Cordova City Council - AGENDA
Regular Meeting of Tuesday, April 2, 2024

2027, Resulting in an Increase to the Contract Amount from $4,475,000 to an Amount not to Exceed $6,612,000 for Citywide Operations and Maintenance Support Services.

Recommendation: Adopt the Resolution.

9.4. Subject: A Resolution Increasing the Annual Stormwater Utility Fee (SWU2) for Fiscal Year 2024-2025.

Recommendation: Adopt the Resolution.

9.5. Subject: A Resolution Approving the Rate and Method of Apportionment of Special Taxes Within Improvement Areas to be Annexed into the City of Rancho Cordova The Ranch Community Facilities District No. 2021-1.

Recommendation: Adopt the Resolution.

9.6. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2024-43 with Pacific States Environmental Contractors, Inc. in an Amount not to Exceed $1,034,565 for the Soil Remediation Project Construction at 10153-10179 Folsom Boulevard.

Recommendation: Adopt the Resolution.

9.7. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2024-39 with Tetra Tech, Inc. in an Amount not to Exceed $738,900.68 to Provide the Environmental Engineering Services for the Soil Remediation Project Construction at 10153-10179 Folsom Boulevard.

Recommendation: Adopt the Resolution.

10. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE

10.1. Subject: An Ordinance of the City Council of the City of Rancho Cordova for the Second Amendment to the Development Agreement Between the City of Rancho Cordova and Cresleigh Homes Corporation Relative to the Sunridge Lot J Project.

Recommendation: Waive the first reading and introduce the Ordinance.

11. PUBLIC HEARING ITEMS
None.

12. REGULAR CALENDAR ITEMS

12.1. Subject: Corridor Enhancement Plan Project Update.

Recommendation: Receive the presentation and provide feedback.

12.2. Subject: Fiscal Year 2023-2024 Mid-Year Financial Update Report.

Recommendation: Receive the Fiscal Year 2023-24 Mid-Year Financial Report.

12.3. Subject: American Rescue Plan Act (ARPA) Update.

Recommendation: Receive presentation and provide input.

12.4. Subject: Fiscal Year 2024-2025 Community Enhancement & Investment Fund Grant Applications.

Recommendation: Staff to introduce and provide an update on the Fiscal Year 2024-2025 Community Enhancement & Investment Fund grant applications received for Council consideration.

13. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

Rancho Cordova City Council - AGENDA
Regular Meeting of Tuesday, April 2, 2024

14. 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
April 23, 2024 5:30 PM Special Meeting/Work Session
May 6, 2024 4:00 PM Special Meeting/Regular Meeting
May 20, 2024 5:30 PM Regular Meeting
May 28, 2024 5:30 PM Special Meeting/Work Session
June 3, 2024 4:00 PM Special Meeting/Regular Meeting
June 17, 2024 5:30 PM Regular Meeting
June 25, 2024 5:30 PM Special Meeting/Work Session
July 1, 2024 4:00 PM Special Meeting/Regular Meeting
If you have any technical questions related to the agenda items, please contact City Hall at (916) 851- 8700.

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

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.

Rancho Cordova City Council - AGENDA
Regular Meeting of Tuesday, April 2, 2024

CERTIFICATION OF POSTING OF AGENDA
I, Stacy Leitner, City Clerk for the City of Rancho Cordova, declare that the foregoing agenda for the April 2, 2024, Regular Meeting of the Rancho Cordova City Council was posted and available for review on March 28, 2024, 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 March 28, 2024, at Rancho Cordova, California.

Stacy Leitner, CMC
City Clerk

ITEM 9.1. ATTACHMENT 1

CITY OF RANCHO CORDOVA

CITY COUNCIL MEETING
Monday, March 18, 2024
5:30 PM – Regular Meeting
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova

DRAFT MINUTES

1. REGULAR MEETING - CALL TO ORDER/ROLL CALL
Mayor Sander called the Regular meeting to order in the David B. Roberts Council Chambers at 5:39 p.m.

Council Members Present: Linda Budge, Garrett Gatewood, Siri Pulipati, Donald Terry, and Mayor David Sander
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
Lorianne Carl led the pledge.

4. INVOCATION
Walter Little with St. John Vianney Catholic Church gave the invocation.

5. PRESENTATIONS

5.1. Update by the Sacramento Regional Family Justice Center.

5.2. Introduction of New Employee: Saige White, Management Analyst I by Lorianne Carl, Community Engagement Manager.

ITEM 9.1. ATTACHMENT 1
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, March 18, 2024

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

1. Larry Ladd

2. Jessa Rego

3. Rasheed Dean

4. Sarah Alzanoon

5. Helen Whelan-Bashaw
Mayor Sander closed the public comment period.

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

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

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

Council Member Budge requested that item 9.4 be pulled for separate discussion.

ACTION: Motion to approve items 9.1 through 9.3, and item 9.5 by Terry second by Gatewood;
Motion passed with a 5:0 vote.

9.1. Subject: Meeting Minutes from the Special Meeting of February 27, 2024, and the Regular City Council Meeting of March 4, 2024.

Recommendation: Adopt the minutes.

9.2. Subject: Second Reading of an Ordinance of the City Council of the City of Rancho Cordova Amending Title 2 Administration and Personnel, Chapter 2.30 Planning Commission to Incorporate Additional Qualifications to At-Large Members (California Environmental Quality Act (CEQA) Exemption Found in Guideline Section 15061(B)(3)).

Recommendation: Waive the second reading and adopt the Ordinance.

9.3. Subject: Treasurer's Report - December 31, 2023.

Recommendation: This report is informational only. It is recommended that the City Council receive and file the December 31, 2023, Treasurer’s Report.

9.4. Subject: A Resolution Authorizing the City Manager to Execute a Cooperative Agreement with the County of Sacramento for the Acquisition of Rights-of-Way within the City of Rancho Cordova for the Hazel Avenue at U.S. 50 Interchange Project.

Recommendation: Adopt the Resolution.

Mayor Sander opened the public comment period. Seeing no speakers, Mayor Sander closed the public comment period.

ACTION: Motion to continue item 9.4. to a date uncertain by Terry second by Budge; Motion passed with a 5:0 vote.

9.5. Subject: A Resolution Authorizing the City Manager to Execute an Agreement with the

ITEM 9.1. ATTACHMENT 1
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, March 18, 2024

University of California (UC), Davis Campus, School of Veterinary Medicine on Behalf of its Koret Shelter Medicine Program for a Two-Year Grant, not to Exceed $200,000, to Support the City of Rancho Cordova Animal Service's Community Assistant Program in Connection with the California for All Animals Statewide Animal Shelter Assistance Program.

Recommendation: Adopt the Resolution.

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

11. PUBLIC HEARING ITEMS
None.

12. REGULAR CALENDAR ITEMS

12.1. Subject: Mills Crossing Project Update.

Recommendation: Receive presentation, provide feedback.

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

1. Helen Whelan-Bashaw

2. Derald Langwell
Mayor Sander closed the public comment period.

ACTION: Input was received regarding the Mills Crossing Project Update.

12.2. Subject: A Resolution for a Forgivable Loan Agreement Between the City of Rancho Cordova and Phoenix Production Company, Doing Business as Rise-up Theatre Company, for the Construction of Tenant Improvements and Lease Payments for a Ninety-Nine (99) Seat Multi-use Performing Arts Facility.

Recommendation: Review the proposed loan agreement and provide direction on the Resolution.

Mayor Sander opened the public comment period. Seeing no speakers, Mayor Sander closed the public comment period.

ACTION: Motion to approve item 12.2 with the updates to the Resolution provided by staff and the addition of six (6) shows for a total of 12 total productions by Budge second by Terry;
Motion passed with a 5:0 vote.

13. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

1. Update on Connector.

14. ADJOURN TO CLOSED SESSION
Mayor Sander adjourned the meeting to closed session at 9:02 p.m.

15. CLOSED SESSION CALL TO ORDER ROLL/ROLL CALL
Mayor Sander called closed session to order at 9:02 p.m.

Council Members Present: Linda Budge, Garrett Gatewood, Siri Pulipati, Donald Terry,

ITEM 9.1. ATTACHMENT 1
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, March 18, 2024

and Mayor David Sander
Council Members Absent: None
Staff Members Present: Adam Lindgren, Persephonie Riley, and Micah Runner

16. CLOSED SESSION
Council met in closed session to discuss the following items:

16.1. 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.

16.2. 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, and DOES 1-10 Respondent; Dermody Properties, and DOES 11-20 Real Parties in Interest.

Sacramento Superior Court Case No. 23WM000052.

16.3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (pursuant to California Government Code Section 54956.9(d)(1)) DPML Bear Hollow, LLC, a Delaware limited liability company and DPML Stonecreek, LLC, a Delaware limited liability company v. City of Rancho Cordova, City Council of Rancho Cordova, and DOES 1 through 25, inclusive. Sacramento Superior Court Case No. 23WM000122.

17. 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.

18. ADJOURNMENT
Mayor Sander adjourned the meeting at 9:28 p.m.
__________________
Stacy Leitner, CMC
City Clerk

ITEM 9.1. ATTACHMENT 2

CITY OF RANCHO CORDOVA

CITY COUNCIL MEETING
Thursday, March 21, 2024
Rancho Cordova Police Department
2897 Kilgore Road, Rancho Cordova, CA 95670
12:30 PM – Special Meeting
Work Session – Canfield Community Room
Closed Session – Emerald Room

DRAFT MINUTES

1. SPECIAL MEETING - CALL TO ORDER/ROLL CALL
Mayor Sander called the Special Meeting to order at the Rancho Cordova Police Department at 12:43 p.m.

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

2. PUBLIC COMMENT
Mayor Sander opened the public comment period. Seeing no speakers, Mayor Sander closed the public comment period.

3. SPECIAL MEETING

3.1. Subject: City Council Workshop to Discuss Vision, Values, and Governance.

Mayor Sander opened the public comment period. Seeing no speakers, Mayor Sander closed the public comment period.

BREAK 2:10 p.m. - 2:27 p.m.

BREAK 3:51 p.m. - 4:05 p.m.

ACTION: Input was received regarding Vision, Values, and Governance.

ITEM 9.1. ATTACHMENT 2
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Thursday, March 21, 2024

4. ADJOURN TO CLOSED SESSION
Mayor Sander adjourned the meeting to closed session at 4:48 p.m.

5. CLOSED SESSION - CALL TO ORDER/ROLL CALL
Mayor Sander called closed session to order at 5:40 p.m.

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

6. CLOSED SESSION
Council met in Closed Session to discuss the following item:

6.1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: City Manager: Pursuant to Government Code Section 54957.

7. OPEN SESSION - REPORT FROM CLOSED SESSION
City Attorney reported that staff was given direction and no reportable action was taken in closed session.

8. ADJOURNMENT
Mayor Sander adjourned the meeting at 7:46 p.m.
____________________
Stacy Leitner, CMC
City Clerk

MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 9.2.

DATE: April 2, 2024
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Dalia Fadl, Principal Engineer
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 2021-284-1 WITH SACRAMENTO
SPLASH TO EXTEND THE CONTRACT TERM FROM JUNE 30, 2024,
TO JUNE 30, 2026, WHICH WOULD RESULT IN AN INCREASE TO
THE CONTRACT AMOUNT FROM $120,000 TO AN AMOUNT NOT TO
EXCEED $202,400 FOR STORMWATER OUTREACH SERVICES

RECOMMENDATION
Adopt the Resolution.

RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute Contract Amendment No. 2021-284-1 with Sacramento Splash to extend the contract term from June 30, 2024, to June 30, 2026, which would result in an increase to the contract amount from $120,000 to an amount not to exceed $202,400 for stormwater outreach services. This contract is necessary to cover the ongoing work associated with stormwater outreach services for school-aged children and elementary school teachers. In addition, stormwater outreach services are necessary for the City to comply with the public outreach requirements in the City's Municipal Stormwater Permit.

BACKGROUND
In May 2021, a request for qualifications was advertised with the intent of preparing a prequalified list of consultant firms from which the Public Works Department may select on an asneeded basis for stormwater outreach services in the City of Rancho Cordova. Sacramento Splash was selected as one of two firms on the pre-qualified list.

The City entered into Contract No. 2021-284 with Sacramento Splash in July 2021 for the amount of $120,000 to provide stormwater outreach services over a three-year contract term.

Sacramento Splash has provided an excellent performance record and an effective understanding of the City’s desired level of service. The City is seeking to execute a contract amendment with Sacramento Splash to extend the contract term from June 30, 2024, to June 30, 2026, which results in an increase to the contract amount from $120,000 to an amount not to exceed $202,400. The time extension and cost increase are necessary to provide ongoing stormwater outreach services.

City Council Staff Report - Page 2 of 2

FISCAL IMPACT AND FUNDING SOURCE
Funding for this contract will be from the City's Stormwater Utility Fee. There is no impact on the General Fund.

ATTACHMENT(S)

1. Resolution

2. Contract Amendment No. 2021-284-1

ITEM 9.2. ATTACHMENT 1
Resolution No. XX-2024 Page 1 of 2

CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2024

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

OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 2021-284-1 WITH SACRAMENTO SPLASH TO EXTEND THE CONTRACT TERM FROM JUNE 30, 2024 TO JUNE 30, 2026, WHICH RESULTS IN AN INCREASE TO THE CONTRACT AMOUNT FROM $120,000 TO AN AMOUNT NOT TO EXCEED $202,400 FOR STORMWATER OUTREACH SERVICES
WHEREAS, the Parties entered into Contract No. 2021-284 with Sacramento Splash in July 2021 in the amount of $120,000 to provide stormwater outreach services; and WHEREAS, stormwater outreach services are necessary for the City to comply with the public outreach requirements in the City's Municipal Stormwater Permit; and WHEREAS, the scope of work includes providing stormwater outreach services to schoolaged children and elementary school teachers; WHEREAS, Sacramento Splash has provided an excellent performance record and an effective understanding of the City's desired level of service; and WHEREAS, Amendment 1 extends the contract term from June 30, 2024, to June 30, 2026, and increases the compensation from $120,000 to $202,400; and WHEREAS, the amount exceeds the maximum amount that the City Manager has authorization to approve; and
WHEREAS, the contract will be funded through the City’s Stormwater Utility Fund; and WHEREAS, there are sufficient funds budgeted to cover the costs of the contract.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract Amendment No. 2021-284-1 with Sacramento Splash extending the contract term from June 30, 2024, to June 30, 2026, and increases the compensation from $120,000 to an amount not to exceed $202,400 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 April, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ITEM 9.2. ATTACHMENT 1
Resolution No. XX-2024 Page 2 of 2
ATTEST:

David Sander, Mayor
Stacy Leitner, CMC
City Clerk

CONTRACT NO. 2021-284-1
First Amendment to Professional Services Agreement between Page 1 of 3 City of Rancho Cordova and Sacramento Splash

FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF RANCHO CORDOVA AND

SACRAMENTO SPLASH
This First Amendment to the Agreement for Professional Services (ìAmendmentî) is made by and between the City of Rancho Cordova (ìCityî) and Sacramento Splash (ìProfessionalî) as of April 2, 2024. City and Professional are hereinafter collectively referred to as the "Parties."

RECITALS
WHEREAS, the Parties entered into a Professional Services Agreement (ìPSAî) dated July 1, 2021 for the purpose of providing stormwater outreach services; and WHEREAS, this First Amendment will increase the total compensation amount by $82,400 and allow the Parties to extend the end date of the PSA from June 30, 2024 to June 30, 2026 to provide ongoing stormwater outreach services to the City to comply with the public outreach requirements in the Cityís Municipal Stormwater Permit; and WHEREAS, the Parties agree that changes to the term and services provided for in the PSA are necessary in order for the City to continue receiving services by Professional.

NOW, THEREFORE, the Parties hereto agree as follows:

AGREEMENT

1. The Parties agree to modify the end date of the PSA from June 30, 2024, to June 30, 2026. The first sentence of Section 1.1 of the PSA, ìTerm of Service,î is amended to read as follows:
"The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2026, and Professional shall complete the work described in Exhibit A prior to that date; unless the term of the Agreement is otherwise terminated or extended, as provided in Section 8."

2. Section 2 of the PSA, ìCompensation,î provides for the City to pay Professional a sum not to exceed $120,000. The Parties agree to amend Section 2 of the PSA to increase the compensation amount to pay Professional for additional services. The first sentence of Section 2 of the PSA is amended to read as follows:
"City hereby agrees to pay Professional a sum not to exceed Two Hundred Two Thousand, Four Hundred Dollars ($202,400), notwithstanding any contrary indication that may be contained in Professionalís proposal, for services to be performed and reimbursable costs incurred under this Agreement.î

3. The document entitled ìScope of Work,î attached hereto as Exhibit A, shall replace and supersede the PSA's Exhibit A.

ITEM 9.2. ATTACHMENT 2

CONTRACT NO. 2021-284-1
First Amendment to Professional Services Agreement between Page 2 of 3 City of Rancho Cordova and Sacramento Splash

4. The document entitled ìCompensation Schedule,î attached hereto as Exhibit B, shall replace and supersede the PSA's Exhibit B.

5. All other terms and conditions in the PSA shall remain in full force and effect to the extent they are not in conflict with this Amendment.

6. The signatures of the Parties to this Amendment may be executed and acknowledged on separate pages or in counterparts which, when attached to this Amendment, shall constitute one complete Amendment.

7. Contract Administration. This Agreement shall be administered by Dalia Fadl ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

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

Mackenzie Wieser, CEO
Sacramento Splash
4426 Excelsior Road
Mather, CA 95655
New Mailing Address: PO Box 3188, Rancho Cordova, CA, 95741 Email Address (for Insurance Update Requests):
[email protected]
Any written notice to City shall be sent to:

City of Rancho Cordova
Attn: Dalia Fadl
Public Works Department
2729 Prospect Park Drive
Rancho Cordova, CA 95670
Signature page following.

ITEM 9.2. ATTACHMENT 2

CONTRACT NO. 2021-284-1
First Amendment to Professional Services Agreement between Page 3 of 3 City of Rancho Cordova and Sacramento Splash
IN WITNESS WHEREOF, the Parties have executed this Amendment on the day and year first above written.

CITY OF RANCHO CORDOVA SACRAMENTO SPLASH
____________________________ ______________________________ Micah Runner, City Manager Mackenzie Wieser, CEO
Date: __________________ Date: __________________
Attest:
____________________________
Stacy Leitner, CMC, City Clerk
Date: __________________
Approved as to Form:
____________________________
Adam U. Lindgren, City Attorney
Date: __________________
ITEM 9.2. ATTACHMENT 2

CONTRACT NO.: 2021-284-1
Consulting Services Agreement between City of July 1, 2024 Rancho Cordova and Sacramento Splash ñ Exhibit A Page 1 of 3

EXHIBIT A

SCOPE OF SERVICES
Program Delivery for FY 2024/2025 and FY 2025/2026
This scope of services describes the stormwater education support services to be provided by Sacramento Splash (Splash) to the City of Rancho Cordova (Rancho Cordova) between July 1, 2024 and June 30, 2026.

Background
The Splash Education Program (the Splash Program) was created and refined over many years to serve the watershed education needs of Sacramento wastewater and stormwater agencies. These agencies included SacSewer District, the Sacramento County Department of Water Resources, and the City of Sacramento Department of Utilities. By investing in this regional, collaborative approach to water quality education, these agencies found a way to deliver high-quality lessons to students in an effective and economical way.

The Splash Program is now regarded as an exemplary model for delivering curriculum and programming that engages local students in watershed protection. The City and County of Sacramento continue to use Splash to achieve their education outreach goals under their stormwater discharge permits. The Program uses custom-built, place-based science curricula and programs to teach school-aged children about stormwater, water quality, and watershed stewardship through the study of local aquatic habitats. The program specifically focuses on educating students about the Sacramento watershed and the surrounding creeks, rivers, and streams, while also raising awareness about the critically threatened vernal pool ecosystem.

This scope of services will support Rancho Cordova's stormwater education program by assisting with public outreach events and providing the Splash Elementary Program to 4th and/or 5th grade classes at schools located within the City of Rancho Cordova.

Projected Outcomes
Projected outcomes funded during FY 2024/2025 and FY 2025/2026 include:

1. The Splash Elementary Curriculum is offered to teachers in schools located within the City of Rancho Cordova.

2. In each fiscal year, the Splash Elementary Program materials, teacher training, teacher support services, and field trips are delivered to (at least) 15* classes (Grades 4 and/or 5) at schools within the City of Rancho Cordova, which may include:
o A.M. Winn Elementary
o Abraham Lincoln Elementary
o Bob McGarvey Elementary
o Cordova Gardens Elementary
o Cordova Villa Elementary
o Navigator Elementary
o Peter J. Shields Elementary
*If there is an excess of classes, they will be funded through Splashís independent fundraising efforts.

ITEM 9.2. ATTACHMENT 2

CONTRACT NO.: 2021-284-1
Consulting Services Agreement between City of July 1, 2024 Rancho Cordova and Sacramento Splash ñ Exhibit A Page 2 of 3

3. The Splash Education Center is maintained as a resource for environmental science and watershed education.

4. Splash assists the City of Rancho Cordova with its public outreach and education events by providing staff trained in stormwater education and a hands-on watershed model for up to 50 hours of coordination, transportation, and on-site event assistance.

5. Quarterly invoices are submitted to the City of Rancho Cordova for work completed during the previous quarter until all work is completed or the agreement ends, whichever comes first.

6. A mid-year status report detailing progress during the first six months of the fiscal year is provided to the City of Rancho Cordova by January 30 of 2025 and 2026.

7. An annual report providing program delivery and assessment statistics is provided to the City of Rancho Cordova by no later than July 30 of 2025 and 2026.

Task 1 ñ Program Administration
The effort to manage the project, including contracting, accounting, and reporting are covered under this task. Sacramento Splash will produce quarterly invoices, one mid-year status report, and one annual report.

Deliverables:
• Quarterly invoices will be delivered on October 1, January 1, April 1, and June 1. • A mid-year status report covering progress in the first six months of the fiscal year will be provided by January 30 of 2025 and 2026.
• An annual report detailing program delivery statistics and program assessment will be provided by July 30 of 2025 and 2026.

Task 2 ñ Elementary Program and Splash Education Center This task includes development and maintenance of curriculum, materials, and resources integral to the Program, as well as operations and management of the Splash Education Center facility. Most of the work conducted under this task relates to providing elementary classes with the Splash Elementary Curriculum, Life in Our Watershed: Investigating Vernal Pools, and its associated field trip to the Splash Education Center and vernal pools at Mather Field. This includes recruiting, training, and supporting teachers to use the classroom materials, as well as evaluating the efficacy of the program in teaching basic stormwater quality concepts to the students. These activities will take place according to the following timeline:

August ñ September 2024 & 2025: Schedule field trips for the upcoming academic year.

December 2024 & 2025: Conduct Teacher Training Workshops.

January 2025 & 2026: Assess pre-program stormwater knowledge in select classrooms.

February ñ April 2025 & 2026: Deliver field trips to the Splash Education Center and Mather Field Vernal Pools.

March ñ May 2025 & 2026: Assess post-program stormwater knowledge in select classrooms.

ITEM 9.2. ATTACHMENT 2

CONTRACT NO.: 2021-284-1
Consulting Services Agreement between City of July 1, 2024 Rancho Cordova and Sacramento Splash ñ Exhibit A Page 3 of 3 Deliverable:
• At least 15 classes of 4th and/or 5th graders from schools within the City of Rancho Cordova will participate in the Splash Elementary Program during the 2024/25 and 2025/26 academic years.

Task 3 ñ Stormwater Education Assistance at Public Outreach Events The City intends to educate the public about stormwater pollution prevention at various events during FY 2024/2025 and FY 2025/2026. Splash will assist the City with outreach events by providing trained staff and as needed, the Splash hands-on watershed model and educational poster displays. Up to 50 hours of assistance will be provided, which may include coordination, planning, transportation and/or on-site event activities.

ITEM 9.2. ATTACHMENT 2

Consulting Services Agreement between City of July 1, 2024 Rancho Cordova and Sacramento Splash ñ Exhibit B Page 1 of 1

EXHIBIT B

COMPENSATION SCHEDULE

INVESTIGATING VERNAL POOLS PROGRAM (IVP)
Conducting IVP Field Trips
Personnel Rate* # of Hrs Of/Per Subtotal # of Classes Total Director of Programming 4% FTE overall 5,000$ $ 5,000
School Field Trip Coordinator 40$ 9 per class, incl teacher evaluations 357$ 15 $ 5,361 Teacher On-Call Support Coach 40$ 7 per class 278$ 15 $ 4,170 Field Guides (6) 30$ 36 6 staff x 6 hrs ea per class-incl pre/post work 1,063$ 15 $ 15,947 Student Pre/Post-Assessment Coordinator 40$ 4 per class 159$ 15 $ 2,383 Critter Keeper 4% FTE overall (25% FTE * 15/100 classes) 3,248$ $ 3,248 Conducting IVP Field Trips Subtotal $ 36,108
Lesson Development & Teacher Training
Lesson Development 2%
FTE overall (15%*15/100) for 13 lessons &
"Virtual Tool Kit"-updts taking advantage of
latest virtual learning platforms 1,859$ $ 1,859
One-Day Teacher Training (4) 47$ 40 4 staff x 10h of prep, training, & evaluations 1,870$ $ 1,870 Lesson Development & Teacher Training Subtotal $ 3,728
IVP Personnel Subtotal $ 39,836
Overhead and G&A Costs 15% Program Costs for Personnel Total 5,975$ $ 5,975 Printing (e.g. teacher binders, student handouts/worksheets, swag) 15% estimate based on # historical requests 750$ $ 750 Animal Supplies & Veterinary Care 15% total 638$ $ 638
IVP Total 15 47,199 $
per class 3,146.62 $
ITEM 9.2. ATTACHMENT 2

MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 9.3.

DATE: April 2, 2024
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Steve Harriman, Public Works Division Manager
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 53-2019-2 WITH MCE

CORPORATION TO EXTEND THE CONTRACT TERM FROM JUNE
30, 2024, TO JUNE 30, 2027, RESULTING IN AN INCREASE TO THE CONTRACT AMOUNT FROM $4,475,000 TO AN AMOUNT NOT TO
EXCEED $6,612,000 FOR CITYWIDE OPERATIONS AND

MAINTENANCE SUPPORT SERVICES

RECOMMENDATION
Adopt the Resolution.

RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute Contract Amendment 53-2019-2 with MCE Corporation for citywide operations and maintenance services. The amendment would extend the contract term from June 30, 2024, to June 30, 2027, resulting in an increase to the contract amount from $4,475,000 to an amount not to exceed $6,612,000 for continued maintenance services.

BACKGROUND
In July 2019, the City entered into a General Services Agreement (Contract No. 53-2019) with MCE Corporation to provide a variety of Public Works operations and maintenance support services, including litter abatement and graffiti removal, pothole and sidewalk repair, weed abatement, storm response, street sign maintenance, fencing maintenance, trail maintenance, and after-hours emergency response for various issues. The work scope also includes daily maintenance and cleaning of the four light-rail stations in Rancho Cordova, which is provided by the City under an agreement with the Sacramento Regional Transit District. The proposed contract amendment is necessary for ongoing operations and maintenance support services.

Contract Amendment No. 1 was executed on July 1, 2022, which extended the contract term from June 30, 2022, to June 30, 2024, resulting in an increase to the contract amount from $2,750,000 to $4,475,000.

City staff recommends approval of Contract Amendment No. 53-2019-2 with MCE Corporation to extend the contract term from June 30, 2024, to June 30, 2027, resulting in an increase to

City Council Staff Report - Page 2 of 2

the contract amount from $4,475,000 to an amount not to exceed $6,612,000 for continued maintenance services.

The City will conduct a competitive request for proposals and execute a new contract for the term beginning July 1, 2027.

FISCAL IMPACT AND FUNDING SOURCE
The contract amendment will be funded through a combination of special districts, Measure A, Gas Tax, Stormwater funds, Community Enhancement and Investment fund, Public Works operating budget, and Sacramento Regional Transit District. There is no impact to the City's General Fund.

ATTACHMENT(S)

1. Resolution

2. Contract Amendment No. 53-2019-2

ITEM 9.3. ATTACHMENT 1
Resolution No. XX-2024 Page 1 of 2

CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2024

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

OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 53-2019-2 WITH MCE CORPORATION TO EXTEND THE CONTRACT TERM FROM JUNE 30, 2024 TO JUNE 30, 2027, RESULTING IN AN INCREASE TO THE CONTRACT AMOUNT FROM $4,475,000 TO AN AMOUNT NOT TO EXCEED $6,612,000

FOR CITYWIDE OPERATIONS AND MAINTENANCE SUPPORT SERVICES WHEREAS, the parties entered into a General Services Agreement (Contract No. 53- 2019) dated July 1, 2019, in the amount of $2,750,000 for citywide operations and maintenance support services; and
WHEREAS, Amendment No. 1 was executed on July 1, 2022, which extended the contract term from June 30, 2022, to June 30, 2024, resulting in an increase to the contract amount from $2,750,000 to $4,475,000; and
WHEREAS, adoption of this Resolution will allow the City Manager to execute Amendment No. 2 with MCE Corporation for continued citywide operations and maintenance support services; and
WHEREAS, Amendment No. 2 will extend the contract term from June 30, 2024, to June 30, 2027, resulting in an increase to the contract amount from $4,475,000 to an amount not to exceed $6,612,000; and
WHEREAS, these services will exceed the maximum amount the City Manager is authorized to approve; and
WHEREAS, funding for the contract amendment will be from a combination of special district funds, Measure A, Gas Tax, stormwater funds, Community Enhancement and Investment fund, Public Works operating budget, and Sacramento Regional Transit District.

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

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract No. 53-2019-2 with MCE to extend the contract term from June 30, 2024, to June 30, 2027, and increase the contract amount from $4,475,000 to an amount not to exceed $6,612,000 for citywide operations and maintenance services 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 April 2024 by the following vote:

AYES:

NOES:

ABSENT:

ITEM 9.3. ATTACHMENT 1
Resolution No. XX-2024 Page 2 of 2
ABSTAIN:

ATTEST:

David Sander, Mayor
Stacy Leitner, CMC
City Clerk

CONTRACT NO. 53-2019-2
Second Amendment to General Services Agreement between July 1, 2024 City of Rancho Cordova and MCE Corporation Page 1 of 7

SECOND AMENDMENT TO THE GENERAL SERVICES AGREEMENT

BETWEEN THE CITY OF RANCHO CORDOVA AND MCE CORPORATION
This Second Amendment to the General Services Agreement (“Amendment”) is made by and between the City of Rancho Cordova (“City”) and MCE Corporation (“Contractor”) as of July 1, 2024, City and Contractor are hereinafter collectively referred to as the "Parties."

RECITALS
WHEREAS, the Parties entered into a General Services Agreement (“GSA”) dated July 1, 2019 for the purpose of providing Citywide Operations and Maintenance Support Services; and WHEREAS, Amendment No. 1 was executed on July 1, 2022, which extended the contract term from June 30, 2022, to June 30, 2024, resulting in an increase to the contract amount from $2,750,000 to $4,475,000; and
WHEREAS, this Amendment will extend the contract term from June 30, 2024, to June 30, 2027, resulting in an increase to the contract amount from $4,4750,000 to an amount not to exceed $6,612,000; and
WHEREAS, the Parties agree that changes to the term and services provided for in the GSA are necessary in order for the City to continue receiving services by Contractor.

NOW, THEREFORE, the Parties hereto agree as follows:

AGREEMENT

1. The Parties agree to modify the end date of the GSA from June 30, 2024, to June 30, 2027. The first sentence of Section 2 of the GSA, “Term,” is amended to read as follows:
"The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2027, unless the term of the Agreement is otherwise terminated at provided for in Section 13.”

2. Section 4 of the GSA, “Compensation of Contractor,” provides for the City to pay Contractor $4,475,000.

The Parties agree to amend Section 4 of the GSA in order to increase the compensation amount to pay Contractor for additional services. The first sentence of Section 4 of the GSA is amended to read as follows:
"The Contractor shall be paid $6,612,000 for performance of the Services pursuant to this Agreement.”

3. The document entitled “Scope of Work” and “Rate Schedule,” attached hereto as Exhibit A, shall replace and supersede the GSA's Exhibit A.

4. All other terms and conditions in the GSA shall remain in full force and effect to the extent they are not in conflict with this Amendment.

ITEM 9.3. ATTACHMENT 2

CONTRACT NO. 53-2019-2
Second Amendment to General Services Agreement between July 1, 2024 City of Rancho Cordova and MCE Corporation Page 2 of 7

5. The signatures of the Parties to this Amendment may be executed and acknowledged on separate pages or in counterparts which, when attached to this Amendment, shall constitute one complete Amendment.

IN WITNESS WHEREOF, the Parties have executed this Amendment on the day and year first above written.

CITY OF RANCHO CORDOVA CONTRACTOR
____________________________ ______________________________ Micah Runner, City Manager Jeff Core, President/CEO
Date:__________________ Date:__________________
Attest:
____________________________
Stacy Leitner, CMC, City Clerk
Date:__________________
Approved as to Form:
____________________________
Adam U. Lindgren, City Attorney
Date:__________________
Updated December 14, 2021
1948568.1
ITEM 9.3. ATTACHMENT 2

CONTRACT NO. 53-2019-2
Second Amendment to General Services Agreement between July 1, 2024 City of Rancho Cordova and MCE Corporation Page 3 of 7

EXHIBIT A

SCOPE OF WORK

1. General
Support the Public Works Department by assisting in the operations, maintenance, and monitoring of specific infrastructure in the City in accordance with State and Federal Law, and in a manner that promotes public safety and welfare.
a. Perform preventative maintenance and remediation for the City. b. Assist in maintaining the Corporation Yard in a clean, neat and orderly fashion. c. Maintain and store all equipment, tools and materials in accordance with City rules, policies, and directives.
d. Maintain a safety program for all Contractor’s employees in compliance with all applicable state and federal laws.
e. Maintain an appropriate Hazardous Materials Plan that meets all state and federal requirements. f. Ensure that all Contractor’s employees are properly trained and that all records for that training are kept in compliance with state and federal laws.
g. Implement Best Management Practices (BMPs) to prevent storm water pollution from entering natural streams and/or the City’s storm drain systems in accordance with the City’s NPDES permit requirements. No separate compensation will be made for compliance with applicable permit provisions.
h. Observe and report to the Public Works staff any problems that are of interest to the City, but outside the scope of work described within this RFP. Examples of such problems include, but are not limited to: Water main and sewer leaks, faulty utility trench repairs, spilled concrete, etc. i. Ensure that all Contractor’s employees are equipped with a mobile device that will allow receipt of emails and adequate storage space to download City required apps such as Field Maps Rancho Cordova Connect, and/or Infor.
j. Assist Public Works staff in public outreach to discuss and resolve maintenance problems and/or concerns.
k. All subcontractors shall be properly licensed by the California Contractor’s State Licensing Board and bonded (California Contractor Licensing Bonds) in the specialty for which they are contracted.

Perfom the services required by this agreement with the degree of skill and diligence normally employed by operations and maintenance personnel performing the same or similar services.

2. Personnel
All work shall be performed by qualified and trained personnel with a minimum of two (2) years of experience in overhead and street signage maintenance. Experience must include use of typical tools and operation of commonly used equipment. All workers shall be neat and orderly in appearance

2.1. Supervision. The Contractor shall provide a competent superintendent during all times that work is being performed with authority to represent and act for the Contractor in any matter pertaining to ITEM 9.3. ATTACHMENT 2

CONTRACT NO. 53-2019-2
Second Amendment to General Services Agreement between July 1, 2024 City of Rancho Cordova and MCE Corporation Page 4 of 7
this contract. The Contractor shall furnish the names of all such superintendents to the Contract Manager prior to the commencement of this contract and further advise of any changes.

2.2. Dismissal of Unsatisfactory Employees. The Contractor shall only furnish workers who are competent and skilled for work under this contract. If, in the opinion of the Contract Manager, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the contract specifications, threatens or uses abusive language while on City property, does not meet safety requirements or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. Contractor shall remove an unsatisfactory employee from contract sites immediately following notification.

3. Emergency Response Assistance
Assist City in responding to emergencies, as required, to maintain public safety. This includes establishing a 24/7 ability for public safety officials to contact contractor. Contractor must respond within one (1) hour to any emergency. These may be local, regional, or national emergencies with natural or man-made causes.

Contractor shall provide a dedicated cell phone for after-hours calls. This phone will be used for no other purpose. City will provide an after hours response manual that outlines typical calls and phone numbers to City staff and other contractor’s that may be needed. Contractor’s employees will document each phone call noting pertinent information.

Types of phone calls that may be expected include, but certainly not be limited to, any of the following:

Potholes, flooding, down or damaged traffic signs, traffic or street light malfunctions or damaged, dangerous trees or tree branches, accident debris clean up, traffic control or other emergency road closures required by the police department, spills or hazardous material accidents, stormwater calls, routine calls for general and non-emergency services.
a. Spill Clean-Up. Controlling and clean-up of any non-hazardous liquid material or assisting qualified personnel/companies in the clean-up of hazardous materials deposited on or near city streets and or into storm drain systems which represent a safety hazard to the public. Clean-up from accidents, spilled materials or assisting other crews performing such functions would be included. b. Non-Spill Callouts. Responding to calls generally from other departments or agencies to assist in traffic control at accident or fire scenes, crowd control or other emergency situations. Emergency callouts should be charged to the appropriate activity. c. Storm Patrol Inspection/Cleaning. Inspection of drainage structures and facilities before, during or after periods of heavy storm water runoff and cleaning of accumulated debris from catch basin grates or other facilities in order for them to function properly. Also would include the removal of minor tree limb debris from streets after a storm.
d. Storm Patrol Debris Removal/Clean-Up. Large scale cleanup of major storm events typically associated with the use of large equipment to remove debris and/or emergency repair or measures for mud slides, debris flows, etc.

4. Pavement Marking Maintenance
a. Curb Painting. Periodic painting of curbs to designate no parking, limited parking or loading zone spaces. Includes both new painting and repainting of existing locations.

ITEM 9.3. ATTACHMENT 2

CONTRACT NO. 53-2019-2
Second Amendment to General Services Agreement between July 1, 2024 City of Rancho Cordova and MCE Corporation Page 5 of 7
b. Replacement Pavement Markers. Replacement of missing reflective and non-reflective pavement markers.
c. Marking Removal. Removal of existing markings, usually by painting over, sandblasting or grinding the markings.

5. Public Right of Way Maintenance
a. Fence/Sound Wall Maintenance. Maintenance and repair of fences in the public right of way that are owned by the City. Work may include vandalism repair, repair of chain link fence and posts, adjustments of hardware, welding, and touch up painting. b. Graffiti Removal. Any work associated with the elimination of graffiti by removing the graffiti with cleaning equipment or the repainting of the item to obscure the graffiti. c. Guardrail Repair/Paint. Restore damaged guardrail and posts as well as paint guardrail. d. Hand Sweeping. Sweeping of hardscapes or other locations by hand to remove debris that has accumulated over time.
e. Illegal Signs. Removal of garage sale signs, realty signs or other signs that are illegally posted in the public right of way, including city landscape areas.
f. Litter Pickup. Removal of litter from streets and right-of-ways. g. Mechanical Weed Cutting. Cutting of weeds and vegetation in unimproved (non-landscaped) right of way areas, natural slope areas, firebreaks and open space areas with laborers using hand operated brush cutters or mowers.
h. Post & Cable Repairs. Repair and/or replace any damaged post and/or cable. i. Road Hazard Removal. All work associated with the removal of hazards placed or dumped onto the public right of way.
j. Spot Spray Weeds. Application of post-emergent chemicals to emerging weeds in hard surfaced areas such as curb, gutter and sidewalk areas, median hardscapes, natural slope areas and open space areas or any other non-landscaped area.
k. Temporary Patching. Placing of material in a pothole and compacting with a vibratory compactor, tamper or truck wheel.
l. Traffic Control. All work associated with setting up and maintaining traffic control to assist a subcontractor or as directed by the City shall conform to the California Manual on Uniform Traffic Control Devices.
m. Other Pavement Repairs. All other pavement repairs not covered by activities in this section.

6. Sidewalk, Curb and Gutter Maintenance
a. Sidewalk Grinding. Grinding down of vertical offsets in cracks or adjoining sidewalk sections as determined by the City.
b. Temporary Sidewalk Patching. All work associated with the temporary patching or ramping of offset sidewalk or concrete areas.

ITEM 9.3. ATTACHMENT 2

CONTRACT NO. 53-2019-2
Second Amendment to General Services Agreement between July 1, 2024 City of Rancho Cordova and MCE Corporation Page 6 of 7
c. Sidewalk Vegetation Trimming. Trimming and removal of vegetation growing over or onto sidewalks from private property that reduces access upon sidewalk. d. Wooden Barricade Repair. Replace or repair damaged wooden boards and posts as well as repainting. e. Other Concrete Maintenance. All other concrete repairs, such as temporary ramping of tripping hazards, not covered by activities in this section.

7. Traffic Sign Maintenance
a. Install New Signs. Installation of a complete new sign, including post, where no sign previously existed.
b. Replace Delineators. Repair or replace damaged delineators and/or posts. c. Replace Signs. Remove a sign that has lost its legibility or reflectiveness or is otherwise damaged and install a new sign on the existing post.
d. Repair Signs. Work can vary from straightening a bent sign or post to a complete replacement of the sign, post and concrete base.
e. Relocate Sign. All work associated with relocating a traffic sign from one location to another. f. Sign Visibility Clearance Trim. All work associated with the removal of private property vegetation that makes a sign not visible to traffic. This work is intended for visibility problems that are deemed to be of an emergency nature. Private properties will be given the opportunity to do routine trimming to make signs more visible through a noticing procedure. g. Other Signs. All other sign maintenance work not covered by activities in this section, including ordering, delivery and calls from City.

8. Miscellaneous Right of Way
a. Tree/Brush Cutting. Cutting back of private property trees, bushes or other vegetation that encroaches onto the public right of way at the direction of the City. This would include trimming around traffic signals and miscellaneous median trimming not performed by City’s landscape contractor. b. Other Beautification. All other maintenance to improve the visual appearance of the City.

9. Additional Work
All work that is performed at the request of other City departments or other public agencies and for which the requester is providing the funding.
a. Community Events. All work associated with any parade, festival or any other community event sponsored or participated in by the City.
b. Light Rail Station Maintenance. Perform daily maintenance, which includes graffiti removal, cleaning and trash removal at light rail station platforms, park and ride lots and pedestrian crossing located in the City. On a semiannual basis, perform weed abatement along the light rail soundwalls between Zinfandel Drive and just west of Routier Road. On an as-needed basis, remove trash, other debris, and graffiti along the soundwall. Attend Sacramento Regional Transit’s “On Track Safety” course prior to commencing work and annually thereafter.

ITEM 9.3. ATTACHMENT 2

Labor Classification REGULAR TIME OVERTIME SUNDAY & HOLIDAY Superintendent $78.12 $113.28 $149.53
Foreman $56.91 $82.53 $108.93
Laborer 1 $48.29 $70.03 $92.44
Laborer 2 $42.51 $61.64 $81.37
Laborer 3 $35.13 $50.94 $67.24
Prevailing Wage
Construction Laborer $82.99 $107.88 $134.85
Sign Work $78.44 $101.97 $127.47
Paint/Stripe $85.25 $110.82 $138.53
Carpentry $102.88 $133.74 $167.18
Traffic Control $79.79 $103.73 $129.67
Welder $109.90 $142.87 $178.59
Tree Trimmer $57.75 $75.08 $93.84
Sr. Tree Trimmer $60.97 $79.26 $99.08
Equipment
1 Ton Truck $12.26
Utility 3/4 Ton Truck $11.14
Standard 1/2 Ton Truck $8.17
Trailer $1.86
Spray Tank $4.13
High Weed Mower $3.72
Chainsaw $2.47
Weed eater $2.47
Blower $2.47
Materials - Markup 15%
Sub-contractor - Markup 10%
City of Rancho Cordova
Streets Maintenance
Labor and Equipment Rates
July 1, 2024 to June 30, 2025
ITEM 9.3. ATTACHMENT 2

MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 9.4.

DATE: April 2, 2024
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Dalia Fadl, Principal Engineer
SUBJECT: A RESOLUTION INCREASING THE ANNUAL STORMWATER
UTILITY FEE (SWU2) FOR FISCAL YEAR 2024-2025

RECOMMENDATION
Adopt the Resolution.

RESULT OF RECOMMENDED ACTION
Adoption of this Resolution would apply an inflationary adjustment to the Annual Stormwater Utility Fee increasing the rates by 2.6%. This fee is applied in the new development areas of the City.

BACKGROUND
This regular increase to the Stormwater Utility 2 District (SWU2) is authorized per Municipal Code section 15.11.040, “Levy of charge for storm drainage services.” This process is separate and distinct from the current proposition 218 process and the proposed fee increase in the Stormwater Utility 1 District.

During the formation of the SWU2 Fee, the Council approved a written report entitled “Rate Analysis Report,” dated August 7, 2014, (the “Written Report”) prepared by Harris & Associates.

The report is filed with the City Clerk and available for public inspection. On September 2, 2014, following a properly noticed public hearing, Council adopted Ordinance No. 7-2014 that established the SWU2 Fee by adding Chapter 15.11 to the Rancho Cordova Municipal Code.

The SWU2 fee is applied to new development projects in the City which are annexed into the City’s SWU2 area as part of their conditions of approval. Please refer to Attachment 3 for a map of the SWU2 District.

As established by the Written Report and Municipal Code section 15.11.040, “Levy of charge for storm drainage services,” the Stormwater Utility 2 Fee may be increased annually by the annual change in the Consumer Price Index (CPI). The change in CPI from December 2023 to December 2024 is 2.6%. By adoption of this Resolution, the SWU2 Fee rates for Fiscal Year 2024-2025 are hereby increased by 2.6% from $150.42 per Drainage Measurement Unit (DMU) to $154.33 per DMU. This increase is distinct from the separate proposal to increase the rates in the SWU1 district.

FISCAL IMPACT AND FUNDING SOURCE

City Council Staff Report - Page 2 of 2

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

ATTACHMENT(S)

1. Resolution

2. SWU 2 Fee Worksheet

3. Drainage Districts Map

ITEM 9.4. ATTACHMENT 1
Resolution No. XX-2024 Page 1 of 2

CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2024

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

STATE OF CALIFORNIA, APPROVING THE ANNUAL INFLATIONARY ADJUSTMENT TO THE STORM WATER UTILITY 2 FEE FOR FISCAL YEAR 2024-2025 WHEREAS, Council approved a written report entitled, "Rate Analysis Report," dated August 7, 2014, (the "Written Report") prepared by Harris & Associates and filed with the City Clerk containing a description of each parcel of real property within the City to which the Stormwater Utility 2 Fee is applicable (collectively, the "Identified Parcels"). The Written Report is on file in the office of the City Clerk and is available for public inspection; and WHEREAS, on September 2, 2014, this Council adopted Ordinance No. 7-2014, adding Chapter 15.11 to the Rancho Cordova Municipal Code entitled “Annual Storm Water Utility 2 Fee,” thereby establishing the Stormwater Utility 2 Fee; and WHEREAS, pursuant to Section 15.11.040 of the Municipal Code and the Written Report, the Stormwater Utility 2 Fee may be increased annually by the annual change in the Consumer Price Index (CPI), during the preceding year, for All Urban Consumers, for the San FranciscoOakland-San Jose areas, published by the United States Department of Labor, Bureau of Labor Statistics; and
WHEREAS, the change in CPI from December 2023 to December 2024 for All Urban Consumers, for the San Francisco-Oakland-San Jose areas, as published by the United States Department of Labor, Bureau of Labor Statistics, is two and six tenth percent (2.6%).

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

1. The foregoing recitals are true and correct.

2. The Stormwater Utility II Fee rates for Fiscal Year 2024-2025 are hereby increased by 2.6% from $150.42 per Drainage Measurement Unit (DMU) to $154.33 per DMU.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 2nd day of April 2024 by following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

David Sander, Mayor

ITEM 9.4. ATTACHMENT 1
Resolution No. XX-2024 Page 2 of 2
Stacy Leitner, CMC
City Clerk

Used to update Protest Notice Rates for City
Max Rate for Max Rate for Max Rate for
FY 2024-25 FY 2023-24 FY 2022-23
CPI Max. Single Family Residential Parcels
Increase Rate 0.16 acres or less 154.33 150.42 143.40
FY 2014-15 $114.63 0.17 - 0.25 acres 169.75 165.45 157.73 FY 2015-16 $114.63 0.26 – 0.33 acres 181.35 176.76 168.51 FY 2016-17 3.2% $118.29 0.34 – 0.50 acres 192.90 188.02 179.24 FY 2017-18 3.5% $122.43 greater than 0.50 acres 192.90 188.02 179.24 for the first .50 Acres FY 2018-19 2.9% $125.98 96.43 93.99 89.60 plus per acre over 0.50 acresFY 2019-20 4.5% $131.64 Multi-Family Residential Parcels FY 2020-21 2.5% $134.93 18 dwelling units per acre or less 1,350.64 1,316.42 1,254.93 per Acre FY 2021-22 2.0% $137.62 Greater than 18 dwelling units 1,447.13 1,410.46 1,344.58 per AcreFY 2022-23 4.2% $143.40 Commercial 1,447.13 1,410.46 1,344.58 per AcreFY 2023-24 4.9% $150.42 Industrial 1,543.62 1,504.51 1,434.24 per AcreFY 2024-25 2.6% $154.33 Schools 964.75 940.31 896.39 per Acre Private Recreation 482.35 470.13 448.17 per Acre
All Urban Consumers, for the San Francisco-Oakland-Hayward Areas Parks & Greenbelts 192.90 188.02 179.24 per AcreChange from Dec to Dec Public Property 578.82 564.16 537.81 per Acre See the separate tab for "The Ranch" Rate Calcs
Stormwater Utility Fee II
Maximum Assessment Rate Calculation
by Consumer Price Index (CPI) increases
FY 2024-25 CPI WORKSHEET
ITEM 9.4. ATTACHMENT 2

CPI Increase
Original
Max. Rate
The Ranch -
Rate w/
private
facilities
removed CPI Increase
The Ranch - MFR1 Rate
per Acre
FY 2014-15 $114.63 $26.67 FY 2014-15 $250.06
FY 2015-16 $114.63 $26.67 FY 2015-16 $250.06
FY 2016-17 3.2% $118.29 $27.52 FY 2016-17 3.2% $258.06
FY 2017-18 3.5% $122.43 $28.48 FY 2017-18 3.5% $267.09
FY 2018-19 2.9% $125.98 $29.30 FY 2018-19 2.9% $274.83FY 2019-20 4.5% $131.64 $30.61 FY 2019-20 4.5% $287.19FY 2020-21 2.5% $134.93 $31.37 FY 2020-21 2.5% $294.36FY 2021-22 2.0% $137.62 $31.99 FY 2021-22 2.0% $300.24FY 2022-23 4.2% $143.40 $33.33 FY 2022-23 4.2% $312.85FY 2023-24 4.9% $150.42 $34.96 FY 2022-23 4.9% $328.17FY 2024-25 2.6% $154.33 $35.86 FY 2024-25 2.6% $336.70 Calculated Rate for the Ranch
ITEM 9.4. ATTACHMENT
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GRANT LINE ROAD

JACKSON HWY

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MATHER AIRPORT MATHER AIRPORT
Drainage District Boundaries Drainage District Boundaries Existing Stormwater Utility (SWU1) Existing Stormwater Utility (SWU1) New Stormwater Utility (SWU2) New Stormwater Utility (SWU2) Future Stormwater Fee District (Future SWU2) Future Stormwater Fee District (Future SWU2) City of Rancho Cordova
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City of Rancho Cordova City of Rancho Cordova City of Rancho Cordova ITEM 9.4. ATTACHMENT 3

MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 9.5.

DATE: April 2, 2024
TO: Honorable Mayor and Council Members
FROM: Michelle Mingay, Finance Manager
SUBJECT: A RESOLUTION APPROVING THE RATE AND METHOD OF

APPORTIONMENT OF SPECIAL TAXES WITHIN IMPROVEMENT

AREAS TO BE ANNEXED INTO THE CITY OF RANCHO CORDOVA
THE RANCH COMMUNITY FACILITIES DISTRICT NO. 2021-1

RECOMMENDATION
Adopt the Resolution.

RESULT OF RECOMMENDED ACTION
In April 2024, the Owner executed and delivered to the City a separate Unanimous Approval for Improvement Area No. 2 and for Improvement Area No. 3. Adoption of the Resolution would approve the annexation of Improvement Area No. 2 and Improvement Area No. 3 into the Community Facilities District (CFD), establish a bond authorization and appropriation limit for Improvement Area No. 2 and Improvement Area No. 3 in a specified amount, approve the Rate and Method of Appointment for each of Improvement Area No. 2 and Improvement Area No. 3, and direct the City Clerk to execute and record the Boundary Map and Notice of Special Tax Lien for Improvement Area No. 2 and Improvement Area No. 3.

BACKGROUND
On October 18, 2021, the City adopted a Resolution of Intention to establish a Community Facilities District (CFD) and Future Annexation Area for The Ranch project. On December 6, 2021, the City adopted a Resolution forming CFD No. 2021-1 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 Resolution of Formation provides that annexations into the CFD from land within the Future Annexation Area may be made by Request and Unanimous Approval for Annexation and Landowner-Voter Ballot (the “Unanimous Approval”) of the landowner without Council action, provided however, if a maximum special tax amount for an Improvement Area to be newly established is greater than 120% of the maximum amount applicable in Improvement Area No. 1 of the CFD, Council action shall be required to establish a differing Rate and Method of

City Council Staff Report - Page 2 of 2

Apportionment of Special Tax (the “RMA”) for such Improvement Area.

The owner of all the territory within the Future Annexation Area has requested two separate tracts of land within the Future Annexation Area be annexed into the CFD as the newly created “Improvement Area No. 2” and “Improvement Area No. 3,” respectively, and has requested they be annexed with a maximum special tax greater than 120% of the maximum amount applicable in Improvement Area No. 1 of the CFD due to the increase of home types, sizes and prices planned for Improvement Area No. 2 and Improvement Area No. 3.

FISCAL IMPACT AND FUNDING SOURCE
There is no Fiscal Impact to the City. Any Special tax Bonds to be issued on behalf of the CFD are secured solely by the Special Tax levies within the District and are not debt of the City's General Fund.

ATTACHMENT(S)

1. Resolution

2. Exhibit A1 to the Resolution - The Ranch Improvement Area No. 2 RMA

3. Exhibit A2 to the Resolution - The Ranch Improvement Area No. 3 RMA

4. Exhibit B1 to the Resolution - Unanimous Approval - Improvement Area No. 2

5. Exhibit B2 to the Resolution - Unanimous Approval - Improvement Area No. 3

6. Exhibit C to the Resolution - Consolidated Boundary Map

ITEM 9.5. ATTACHMENT 1
Resolution No. XX-2024 Page 1 of 3

CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2024

A RESOLUTION APPROVING A RATE AND METHOD OF APPORTIONMENT OF SPECIAL

TAXES WITHIN IMPROVEMENT AREAS TO BE ANNEXED INTO THE CITY OF RANCHO CORDOVA THE RANCH COMMUNITY FACILITIES DISTRICT NO. 2021-1 WHEREAS, this Council has previously established The Ranch Community Facilities District No. 2021-1 (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”), and formed the CFD pursuant to Resolution No. 195- 2021 adopted on December 6, 2021 (the “Resolution of Formation”) and thereby also established a Future Annexation Area for the CFD (the “Future Annexation Area”); and WHEREAS, the Resolution of Formation provides that annexations into the CFD from land within the Future Annexation Area may be made by Unanimous Approval of the landowner without Council action, provided however, if a maximum special tax amount for an Improvement Area to be newly established is greater than 120% of the maximum amount applicable in Improvement Area No. 1 of the CFD, Council action shall be required to establish a differing Rate and Method for such Improvement Area; and
WHEREAS, the sole owner of all the territory within the Future Annexation Area (the “Owner”) desires to annex two separate tracts of land within the Future Annexation Area to the CFD as newly created “Improvement Area No. 2” and “Improvement Area No. 3,” respectively, of the City of Rancho Cordova The Ranch Community Facilities District No. 2021-1 (collectively, “Improvement Area No. 2 and Improvement Area No. 3”), and has requested they be annexed with a maximum special tax greater than 120% of the maximum amount applicable in Improvement Area No. 1 of the CFD due to the increase of home types, sizes and prices planned for Improvement Area No. 2 and Improvement Area No. 3; and WHEREAS, the Owner has executed and delivered to the City a separate “Request and Unanimous Approval for Annexation and Landowner-Voter Ballot” (each a “Unanimous Approval”) for Improvement Area No. 2 and for Improvement Area No. 3 substantially in the forms attached hereto as Exhibits B-1 and B-2, respectively, pursuant to which the Owner has requested annexation of Improvement Area No. 2 and Improvement Area No. 3 (described in Schedule A to each Unanimous Approval) into the CFD, establishment of a bond authorization and appropriation limit for each of Improvement Area No. 2 and Improvement Area No. 3 in a specified amount, and voted in favor of establishing the Rate and Method of Apportionment of Special Tax (the “RMA”) for each of Improvement Area No. 2 and Improvement Area No. 3 substantially in the forms attached as Exhibits A-1 and A-2 hereto, and sets forth other matters related thereto; and
WHEREAS, pursuant to each Unanimous Approval, the Owner has certified that, based upon their knowledge and familiarity with the land within Improvement Area No. 2 and Improvement Area No. 3 there are no registered voters residing on any of the land within Improvement Area No. 2 and Improvement Area No. 3 and that it comprises the sole ownership entity which is the record Owner of all the land within Improvement Area No. 2 and Improvement Area No. 3; and

ITEM 9.5. ATTACHMENT 1
Resolution No. XX-2024 Page 2 of 3
WHEREAS, on the date hereof, the Owner has submitted to the Council included within each Unanimous Approval a landowner ballot with respect to the land it owns in Improvement Area No. 2 and in Improvement Area No. 3, respectively, and marked “Yes” to indicate support for a ballot measure to make the changes requested by each Unanimous Approval, and each executed Unanimous Approval and ballot is on file with the Clerk; and WHEREAS, on the basis of each Unanimous Approval and each ballot, this Council finds that the Owner of one hundred percent (100%) of the property within Improvement Area No. 2 and Improvement Area No. 3 which would be affected by the adoption and approval of the matters stated therein, has requested, consented to and voted in favor of such adoption and approval in order to more effectively accomplish the authorized purposes of the CFD and Improvement Area No. 2 and Improvement Area No. 3; and
WHEREAS, the Council wishes to accept each Unanimous Approval, accept the annexation of the territory within the proposed Improvement Area No. 2 and Improvement Area No. 3 into the CFD, and approve and adopt the RMA for Improvement Area No. 2 and Improvement Area No. 3, acknowledge acceptance of the bonded indebtedness and appropriation limit for Improvement Area No. 2 and Improvement Area No. 3, all in furtherance of the authorized purposes of the CFD and Improvement Area No. 2 and Improvement Area No. 3, and all as requested and approved by the Owner in each Unanimous Approval.

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

Section 1. The foregoing recitals are all true and correct.

Section 2. The territory included in the existing CFD is set forth in the map of the CFD heretofore recorded in the Sacramento County Recorder’s Office on November 15, 2021 in Book 135 at Page 36 of Maps of Assessment and Community Facilities Districts as Document No. 2021-11150034, to which map reference is hereby made. The territory now proposed to be annexed to the CFD is as shown on the Annexation Map for the annexation of Improvement Area No. 2 and Improvement Area No. 3 to the CFD, on file with the Clerk, the boundaries of which territory are hereby approved and to which map reference is hereby made for further particulars. The City Clerk is hereby directed to cause to be recorded such Annexation Map, showing the territory to be annexed, in the office of the County Recorder of the County of Sacramento within fifteen days of the date of adoption of this resolution.

Section 3. Each RMA described herein is hereby approved and adopted and for all future purposes of the applicable Improvement Area No. 2 and Improvement Area No. 3, unless and until changed by future action of the Council in accordance with the Act.

Section 4. The Council hereby finds and declares that each revised RMA affects only the land within the applicable Improvement Area No. 2 and Improvement Area No. 3, and the ballot measure submitted to and by the Owner as part of each Unanimous Approval constitutes the favorable vote of the landowner of all the territory within the applicable Improvement Area No. 2 and Improvement Area No. 3 as permitted by Section 53329.6 of the Act and waiver of time limits and requirements pertaining to the conduct of each election as permitted by Section 53326 of the Act, with the Owner being the sole qualified elector entitled to vote in each election, has been passed and approved by each unanimous “Yes” vote of said landowner, as the sole qualified voter and the matters set forth therein are hereby declared as passed.

ITEM 9.5. ATTACHMENT 1
Resolution No. XX-2024 Page 3 of 3
Section 5. The issuance of bonded indebtedness in one or more series secured by special taxes in Improvement Area No. 2 up to a maximum limit of $14,000,000 and the establishment of an appropriations limit applicable to Improvement Area No. 2 of $14,000,000 are approved.

The issuance of bonded indebtedness in one or more series secured by special taxes in Improvement Area No. 3 up to a maximum limit of $16,000,000 and the establishment of an appropriations limit applicable to Improvement Area No. 3 of $16,000,000 are approved. After the issuance of the final series of bonds for an Improvement Area, any authorized but unissued bonds in such Improvement Area may be reallocated to other improvement areas which are annexed into the CFD.

Section 6. The Secretary is hereby directed to cause the preparation and recordation of a separate Notice of Special Tax Lien for each of Improvement Area No. 2 and Improvement Area No. 3 to be recorded in the office of the County Recorder of the County of Sacramento, as needed, to the changes ordered by this Resolution.

Section 7. It is hereby found that the actions taken by this resolution are valid and in conformity with the Act, including in accordance with the authority granted to this Council as the legislative body of the CFD pursuant to the provisions of Section 53312.5 and 53315 of the Act.

It is hereby further found that all prior proceedings and actions taken by this Council related to the CFD were valid and in conformity with the Act.

Section 8. This Resolution shall take effect upon its adoption.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 2nd day of April 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

David Sander, Mayor
Stacy Leitner, CMC
City Clerk

IA No. 2 of The Ranch CFD No. 2021-1 1 November 30, 2023 IMPROVEMENT AREA NO. 2 OF THE

CITY OF RANCHO CORDOVA

THE RANCH
COMMUNITY FACILITIES DISTRICT NO. 2021-1

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax applicable to each Assessor’s Parcel in Improvement Area No. 2 of the City of Rancho Cordova The Ranch Community Facilities District No. 2021-1 shall be levied and collected according to the tax liability determined by the City Council through the application of the appropriate amount or rate for Taxable Property, as described below. All of the property in Improvement Area No. 2, unless exempted by law or by the provisions of Section G below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to Improvement Area No. 2 unless a separate Rate and Method of Apportionment 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 Map or other parcel map recorded at the County Recorder’s Office. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, (commencing with Section 53311), Part 1, Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means any or all of the following: the fees and expenses of any fiscal agent or trustee (including any fees or expenses of its counsel) employed in connection with any Bonds, and the expenses of the City in carrying out its duties with respect to Improvement Area No. 2, the CFD and the Bonds, including, but not limited to, the levy and collection of Special Taxes, the fees and expenses of its counsel, charges levied by the County in connection with the levy and collection of Special Taxes, costs related to property owner inquiries regarding the Special Tax, costs associated with appeals or requests for interpretation associated with the Special Tax and this RMA, amounts needed to pay rebate to the federal government with respect to Bonds, costs associated with complying with continuing disclosure requirements for the City and any major property owners or other obligated parties, costs associated with foreclosure and collection of delinquent Special Taxes, and all other costs and expenses of the City and County in any way related to the establishment or administration of Improvement Area No. 2 and the CFD. “Administrator” shall mean the person or firm designated by the City to administer the Special Tax according to this RMA.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel number.

ITEM 9.5. ATTACHMENT 2 Exhibit A1 to the Resolution

IA No. 2 of The Ranch CFD No. 2021-1 2 November 30, 2023 “Assessor’s Parcel Map” means an official map of the County Assessor designating Parcels by Assessor’s Parcel Number.
“Authorized Facilities” means the public facilities authorized to be financed, in whole or in part, by the CFD.
“Base Special Tax” means, for any Land Use Category, the applicable Special Tax initially identified in Table 1 in Section C, as may be adjusted pursuant to Sections D or H herein. “Bonds” means bonds or other debt (as defined in the Act), whether in one or more series, secured by the Special Tax and issued or assumed by or for Improvement Area No. 2 to fund Authorized Facilities.
“Building Permit” means a permit that allows for vertical construction of a building or buildings, which shall not include a separate permit issued for construction of the foundation thereof. “Capitalized Interest” means funds in any capitalized interest account available to pay debt service on Bonds.
“CFD” means the City of Rancho Cordova The Ranch Community Facilities District No. 2021-1. “CFD Formation” means the date on which the Resolution of Formation to form the CFD and Improvement Area No. 2 was adopted by the City Council. “City” means the City of Rancho Cordova.
“City Council” means the City Council of the City of Rancho Cordova. “County” means the County of Sacramento.
“Developed Property” means, in any Fiscal Year, all Parcels of Taxable Property that are not Taxable Owners Association Property, Taxable Public Property, or Taxable Welfare Exemption Property for which a Building Permit for new construction was issued prior to June 1 of the preceding Fiscal Year.
“Development Class” means, individually, Developed Property, Final Map Property, Undeveloped Property, Taxable Owners Association Property, Taxable Public Property, and Taxable Welfare Exemption Property.
“Expected Land Uses” means the number of Residential Units and the Acreage of Other Property expected within Improvement Area No. 2 at CFD Formation, as identified in Attachments 1 and 2 of this RMA. Pursuant to Section D of this RMA, the Administrator shall update Attachment 2 each time there is a Land Use Change. Such update(s) shall be maintained internally by the Administrator and shall not require recordation of an amended RMA. “Expected Maximum Special Tax Revenues” means the aggregate Special Tax that can be levied based on application of the Base Special Tax to the Expected Land Uses. The Expected Maximum Special Tax Revenues at CFD Formation are shown in Attachment 2 and may be revised ITEM 9.5. ATTACHMENT 2 Exhibit A1 to the Resolution

IA No. 2 of The Ranch CFD No. 2021-1 3 November 30, 2023 pursuant to Sections D or H herein. Such update(s) will be maintained internally by the Administrator and will not require recordation of an amended RMA. “Final Map” means a final map, or portion thereof, approved by the City or County pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq) that creates SFD Lots. The term “Final Map” shall not include any large-lot subdivision map, Assessor’s Parcel Map, or subdivision map or portion thereof, that does not create SFD Lots, including Assessor’s Parcels that are designated as remainder parcels.
“Final Map Property” means, in any Fiscal Year, all SFD Lots created within Final Maps that had recorded prior to June 30 of the preceding Fiscal Year and which have not yet become Developed Property.
“First Bond Sale” means issuance of the first series of Bonds secured, in whole or in part, by Special Taxes levied and collected from Parcels in Improvement Area No. 2. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “Improvement Area No. 2” means Improvement Area No. 2 of the CFD. “Improvement Fund” means the account (regardless of its name) identified in the Indenture to hold funds that are available for expenditure to acquire or construct Authorized Facilities. “Indenture” means the bond indenture, fiscal agent agreement, trust agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended, and/or supplemented from time to time, and any instrument replacing or supplementing the same. “Land Use Category” means the categories of land use identified in Table 1 in Section C below. “Land Use Change” means a proposed or approved change to the Expected Land Uses after CFD Formation.
“Maximum Special Tax” means the greatest amount of Special Tax that can be levied on a Parcel in any Fiscal Year, as determined in accordance with Sections C and D below. “Other Property” means any Parcel of Developed Property in Improvement Area No. 2 that does not fit within the definition of Single Family Property. “Owners Association” means a homeowners association or property owners association that provides services to, and collects assessments, fees, dues, or charges from, property within Improvement Area No. 2.
“Owners Association Property” means any property within the boundaries of Improvement Area No. 2 that is owned in fee or by easement by an Owners Association, not including any such property that is located directly under a residential structure.

ITEM 9.5. ATTACHMENT 2 Exhibit A1 to the Resolution

IA No. 2 of The Ranch CFD No. 2021-1 4 November 30, 2023 “Proportionately” means, for each Development Class, that the ratio of the actual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all parcels assigned to the Development Class. “Public Property” means any property within the boundaries of Improvement Area No. 2 that is owned by the City, federal government, State of California or other public agency. “Required Coverage” means the amount by which the Expected Maximum Special Tax Revenues must exceed the Bond debt service and priority Administrative Expenses (if any), as set forth in the Indenture, Certificate of Special Tax Consultant, or other formation or bond document that identifies the minimum required debt service coverage. “Residential Unit” means an SFD Unit or an individual residential unit within a duplex, halfplex, triplex, fourplex, townhome, live/work or condominium structure, or apartment building. A second unit (granny flat) that shares a Parcel with an SFD Unit will not be considered a Residential Unit for purposes of levying the Special Tax.
“RMA” means this Rate and Method of Apportionment of Special Tax. “SFD Lot” means an individual residential lot, identified and numbered on a recorded Final Map, on which a Building Permit has been or is permitted to be issued for construction of an SFD Unit without further subdivision of the lot and for which no further subdivision of the lot is anticipated pursuant to an approved Tentative Map.
“SFD Unit” means a residential unit that does not share a common wall with another residential unit.
“Single Family Property” means, in any Fiscal Year, all Parcels of Taxable Property for which a Building Permit was or is expected to be issued for: (i) construction of an SFD Unit, or (ii) construction of a residential structure consisting of two or more Residential Units that share common walls, have separate Assessor’s Parcel numbers assigned to them (except for a duplex unit, which may share an Assessor’s Parcel with another duplex unit), and may be purchased by individual homebuyers (which shall still be the case even if the Residential Units are purchased and subsequently offered for rent by the owners of the Residential Units), including such residential structures that meet the statutory definition of a condominium contained in Civil Code Section 4125.
“Special Tax” means a special tax levied in any Fiscal Year to pay the Special Tax Requirement. “Special Tax Requirement” means the amount necessary in any Fiscal Year to: (i) pay principal and interest on Bonds that are due in the calendar year that begins in such Fiscal Year; (ii) pay periodic costs on the Bonds, including but not limited to, credit enhancement, liquidity support and rebate payments on the Bonds; (iii) replenish reserve funds created for the Bonds under the Indenture to the extent such replenishment has not been included in the computation of the Special Tax Requirement in a previous Fiscal Year; (iv) cure any delinquencies in the payment of principal or interest on Bonds which have occurred in the prior Fiscal Year or, based on prior delinquencies, are expected to occur in the current Fiscal Year; (v) pay Administrative Expenses; and (vi) pay directly for Authorized Facilities, so long as such levy under this clause (vi) does not increase the ITEM 9.5. ATTACHMENT 2 Exhibit A1 to the Resolution

IA No. 2 of The Ranch CFD No. 2021-1 5 November 30, 2023 Special Tax levied on Final Map Property or Undeveloped Property. The amounts referred to in clauses (i) and (ii) of the definition of Special Tax Requirement may be reduced in any Fiscal Year by: (a) interest earnings on or surplus balances in funds and accounts for the Bonds to the extent that such earnings or balances are available to apply against such costs pursuant to the Indenture; (b) in the sole and absolute discretion of the City, proceeds received by the CFD from the collection of penalties associated with delinquent Special Taxes; and (c) any other revenues available to pay such costs, each as determined in the sole discretion of the City. “Taxable Owners Association Property” means, in any Fiscal Year after the First Bond Sale, any Parcel of Owners Association Property that satisfies all three of the following conditions: (i) the Parcel had not been Owners Association Property on the date of the First Bond Sale, (ii) based on reference to Attachments 1 and 2 (as may be updated pursuant to Section D below), the Parcel was not anticipated to be Owners Association Property as determined by the Administrator, and (iii) if the Parcel were to be exempt from the Special Tax because it is Owners Association Property, the Expected Maximum Special Tax Revenues would be reduced to a point at which Required Coverage could not be maintained.
“Taxable Property” means all of the Parcels within the boundaries of Improvement Area No. 2 that are not exempt from the Special Tax pursuant to law or Section G below. “Taxable Public Property” means in any Fiscal Year after the First Bond Sale, any Parcel of Public Property that satisfies all three of the following conditions: (i) the Parcel had not been Public Property on the date of the First Bond Sale, (ii) based on reference to Attachments 1 and 2 (as may be updated pursuant to Section D below), the Parcel was not anticipated to be Public Property as determined by the Administrator, and (iii) if the Parcel were to be exempt from the Special Tax because it is Public Property, the Expected Maximum Special Tax Revenues would be reduced to a point at which Required Coverage could not be maintained. “Taxable Welfare Exemption Property” means in any Fiscal Year after the First Bond Sale, any Parcel of Welfare Exemption Property that satisfies all three of the following conditions: (i) the Parcel had not been Welfare Exemption Property on the date of issuance of the First Bond Sale; (ii) based on reference to Attachments 1 and 2 (as may be updated pursuant to Section D herein), the Parcel was not anticipated to be Welfare Exemption Property based on the Expected Land Uses, as determined by the Administrator; and (iii) if the Parcel were to be exempt from the Special Tax because it has become Welfare Exemption Property, the Expected Maximum Special Tax Revenues would be reduced to a point at which Required Coverage could not be maintained. “Tentative Map” means a tentative map or substantial conformance exhibit for property in Improvement Area No. 2, including any adjustments or amendments thereto. “Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property that are not Final Map Property or Developed Property, as defined herein. “Village” means a specific geographic area within Improvement Area No. 2 that (i) is identified by an assigned number on Attachment 1, (ii) is expected to have single family lots that are all of a similar size, and (iii) is assigned Expected Maximum Special Tax Revenues in Attachment 2 based on the Expected Land Uses for that Village.

ITEM 9.5. ATTACHMENT 2 Exhibit A1 to the Resolution

IA No. 2 of The Ranch CFD No. 2021-1 6 November 30, 2023 “Welfare Exemption Property” means, in any Fiscal Year, any Parcels in the CFD that have received a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code and for which such welfare exemption is still in place.

B. DATA FOR ADMINISTRATION OF THE SPECIAL TAX
Each Fiscal Year, the Administrator shall: (i) assign each Parcel of Taxable Property to the appropriate Development Class, (ii) for Developed Property, categorize each Parcel as Single Family Property or Other Property, (iii) for Single Family Property, determine within which Village each Parcel of Developed Property is located and the number of Residential Units on the Parcel; (iv) for Other Property, determine the Acreage of each Parcel; and (v) determine the Special Tax Requirement for the Fiscal Year. In addition, the Administrator shall, on an ongoing basis, monitor the Tentative Map, Final Maps, and Building Permits to determine if there are any proposed Land Use Changes that would change the Expected Maximum Special Tax Revenues.

If the Expected Maximum Special Tax Revenues will be revised pursuant to a proposed Land Use Change, the Administrator shall apply the steps set forth in Section D below.

In any Fiscal Year, if it is determined that: (i) a parcel map for property in Improvement Area No. 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 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 is in a different Development Class and/or Land Use Category than other Parcels created by the subdivision, the Administrator shall calculate the Special Taxes for the property affected by recordation of the parcel map by determining the Special Taxes that apply separately to the property within each Development Class and/or Land Use Category, 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. Developed Property and Final Map Property
The Maximum Special Tax for a Parcel of Developed Property or Final Map Property is the greater of (i) the Base Special Tax set forth in Table 1 below, or, (ii) the Maximum Special Tax determined pursuant to Section D.

ITEM 9.5. ATTACHMENT 2 Exhibit A1 to the Resolution

IA No. 2 of The Ranch CFD No. 2021-1 7 November 30, 2023 Table 1
Base Special Tax
Developed Property and Final Map Property
Land Use
Base Special Tax
Fiscal Year 2023-24 *
Single Family Property
Village 1
Village 2
Village 7
Villages 10 & 11
$3,224 per Residential Unit or SFD Lot
$2,519 per Residential Unit or SFD Lot
$2,298 per Residential Unit or SFD Lot
$1,845 per Residential Unit or SFD Lot
Other Property $26,693 per Acre
* On July 1, 2024, and on each July 1 thereafter, all figures shown in Table 1 above shall be increased by an amount equal to 2.0% of the amount in effect for the prior Fiscal Year.

2. Undeveloped Property, Taxable Owners Association Property, Taxable Public Property, and Taxable Welfare Exemption Property
The Maximum Special Tax for Undeveloped Property, Taxable Owners Association Property, Taxable Public Property, and Taxable Welfare Exemption Property is $26,693 per Acre for Fiscal Year 2023-24, which amount shall increase on July 1, 2024 and each July 1 thereafter by an amount equal to 2.0% of the amount in effect for the prior Fiscal Year.

D. CHANGES TO THE MAXIMUM SPECIAL TAX

1. Land Use Changes
The Expected Maximum Special Tax Revenues shown in Attachment 2 were originally calculated based on the Expected Land Uses at CFD Formation. Attachment 2 is subject to modification upon the occurrence of Land Use Changes, as described below. The Administrator shall review all Land Use Changes and compare the revised land uses to the Expected Land Uses to evaluate the impact on the Expected Maximum Special Tax Revenues.

Prior to the First Bond Sale, if a Land Use Change is proposed or identified that will result in a change in the Expected Maximum Special Tax Revenues, no action will be needed pursuant to this Section D. Upon approval of the Land Use Change, the Administrator shall update Attachment 2 to show the revised Expected Maximum Special Tax Revenues.

After the First Bond Sale, if a Land Use Change is proposed or identified, Steps 1 through 3 must be applied:

Step 1: By reference to Attachment 2 (which shall be updated by the Administrator each time a Land Use Change has been processed according to this Section D or a prepayment has been made), the Administrator shall identify the Expected Maximum Special Tax Revenues prior to the Land Use Change.

ITEM 9.5. ATTACHMENT 2 Exhibit A1 to the Resolution

IA No. 2 of The Ranch CFD No. 2021-1 8 November 30, 2023 Step 2: The Administrator shall calculate the Expected Maximum Special Tax Revenues that could be collected from Taxable Property in Improvement Area No. 2 after the Land Use Change based on application of the Base Special Taxes from Table

1. Step 3: If the revenues calculated in Step 2 are (i) higher than those determined in Step 1 or (ii) less than those calculated in Step 1, but the reduction in Expected Maximum Special Tax Revenues does not reduce debt service coverage on outstanding Bonds below Required Coverage, no further action is needed, and the Administrator shall update Attachment 2 to show the revised Expected Maximum Special Tax Revenues.

If the revenues calculated in Step 2 are less than those calculated in Step 1, and the Administrator determines that the reduction in Expected Maximum Special Tax Revenues would reduce debt service coverage on outstanding Bonds below the Required Coverage, one of the following shall occur:

3.a. The landowner requesting the Land Use Change (the “Requesting Landowner”) may make a prepayment in an amount that will ensure that the reduced Expected Maximum Special Tax Revenues are sufficient to provide Required Coverage, as determined pursuant to Section H below. If the Requesting Landowner notifies the Administrator that he/she would like to remedy the reduction by making a prepayment, such prepayment must be made by the earlier of (i) 30 days from the date of delivery of the prepayment estimate or (ii) the date of issuance of any Building Permits for any Parcel owned by the Requesting Landowner that was Final Map Property or Undeveloped Property at the time the Administrator prepared the prepayment estimate, or

3.b. If a prepayment is not received by the due date specified above, the Base Special Tax used to determine the Maximum Special Tax for each Parcel of Taxable Property in the area affected by the Land Use Change shall be increased proportionately until the Expected Maximum Special Tax Revenues are sufficient to maintain Required Coverage.

Pursuant to this Section D.3, the Administrator may from time to time update Attachment 2 to reflect revised Expected Maximum Special Tax Revenues. Such update shall be maintained internally by the Administrator and shall not require recordation of an amended RMA.

If multiple Land Use Changes are proposed simultaneously by a single landowner (which may include approval of multiple Final Maps at one time), and the landowner requests that the impact of two or more of the Land Use Changes be considered together, the Administrator shall consider the combined effect of the Land Use Changes to determine if there is a reduction in Expected Maximum Special Tax Revenues. If there is a reduction that would reduce debt service coverage below the Required Coverage, and no prepayment has been received, then the Base Special Tax used to determine the Maximum Special Tax for each Parcel of Taxable Property in the areas affected by the Land Use Changes shall be increased proportionately until the aggregate amount that can be levied within such areas is equal to the amount that could have been levied prior to the ITEM 9.5. ATTACHMENT 2 Exhibit A1 to the Resolution

IA No. 2 of The Ranch CFD No. 2021-1 9 November 30, 2023 proposed Land Use Changes. If Land Use Changes are proposed simultaneously by multiple landowners, or if an individual landowner proposing multiple Land Use Changes does not request that such Land Use Changes be considered together, the Administrator shall consider the proposed Land Use Changes individually.

Notwithstanding the foregoing, once a certificate of occupancy has been issued for a Residential Unit on a Parcel, the Maximum Special Tax for the Parcel cannot be increased because of subsequent Land Use Changes that may occur within the area in which the Parcel is located.

The duties imposed on the Administrator pursuant to this Section D to review Land Use Changes, and to review Final Maps and make certain calculations, are intended only to facilitate the administration of the Special Tax and to better assure the sufficiency of tax capacity to pay debt service on Bonds. Such duties are not intended to give any developer, subdivider, or owner of property the right to receive notice of the potential impact of Land Use Changes on the Special Tax applicable to a Parcel; and each developer, subdivider, or owner of property whose property is the subject of a Land Use Change shall be responsible for understanding the impact thereof on the Special Tax applicable to such property.

2. Partial Prepayments
If a Parcel makes a partial prepayment pursuant to Section H below, the Administrator shall recalculate the Maximum Special Tax for the Parcel pursuant to Section H.2. In addition, the Administrator shall update Attachment 2 to reflect the prepayment and the revised Expected Maximum Special Tax Revenues for Improvement Area No. 2. After the prepayment has been received, the application of Sections D and H of this RMA shall be based on the adjusted Expected Maximum Special Tax Revenues after the prepayment.

3. Conversion of a Parcel of Public Property to Private Use If, in any Fiscal Year, a Parcel of Public Property is converted to private use, such Parcel shall be subject to the levy of the Special Tax. The Maximum Special Tax for each such Parcel shall be determined based on the applicable Base Special Tax for the Parcel, as determined by the Administrator. In addition, the Administrator shall update Attachment 2 to reflect the conversion and the revised Expected Maximum Special Tax Revenues for Improvement Area No. 2.

4. Transfer of Expected Maximum Special Tax Revenues from One Village to Another The Expected Maximum Special Tax Revenues were determined for each Village based on the Expected Land Uses within that Village. If the expected number of Residential Units is transferred from one Village to another, the City may, in its sole discretion, allow for a corresponding transfer of Expected Maximum Special Tax Revenues between the Villages. Such a transfer shall only be allowed if (i) all adjustments are agreed to in writing by the affected property owners and the City, and (ii) there is no reduction in the total Expected Maximum Special Tax Revenues as a result of the transfer. In addition, the Administrator shall update Attachment 2 to reflect the transfer and the revised Expected Maximum Special Tax Revenues for Improvement Area No. 2.

ITEM 9.5. ATTACHMENT 2 Exhibit A1 to the Resolution

IA No. 2 of The Ranch CFD No. 2021-1 10 November 30, 2023 E. METHOD OF LEVY OF THE SPECIAL TAX
Each Fiscal Year, the Administrator shall determine the Special Tax Requirement to be collected in that Fiscal Year. A Special Tax shall then be levied according to the following steps:

Step 1: The Special Tax shall be levied Proportionately on each Parcel of Developed Property up to 100% of the Maximum Special Tax for each Parcel of Developed Property until the amount levied is equal to the Special Tax Requirement prior to applying any Capitalized Interest that is available in the CFD accounts.

Step 2: If additional revenue is needed after Step 1 in order to meet the Special Tax Requirement after Capitalized Interest has been applied to reduce the Special Tax Requirement, the Special Tax shall be levied Proportionately on each Parcel of Final Map Property up to 100% of the Maximum Special Tax for each Parcel of Final Map Property until the amount levied is equal to the Special Tax Requirement.

Step 3: If additional revenue is needed after Step 2, the Special Tax shall be levied Proportionately on each Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for each Parcel of Undeveloped Property until the amount levied is equal to the Special Tax Requirement.

Step 4: If additional revenue is needed after Step 3, the Special Tax shall be levied Proportionately on each Parcel of Taxable Welfare Exemption Property, up to 100% of the Maximum Special Tax for each Parcel of Taxable Welfare Exemption Property for such Fiscal Year until the amount levied is equal to the Special Tax Requirement.

Step 5: If additional revenue is needed after Step 4, the Special Tax shall be levied Proportionately on each Parcel of Taxable Owners Association Property, up to 100% of the Maximum Special Tax for each Parcel of Taxable Owners Association Property until the amount levied is equal to the Special Tax Requirement.

Step 6: If additional revenue is needed after Step 5, the Special Tax shall be levied Proportionately on each Parcel of Taxable Public Property, up to 100% of the Maximum Special Tax for each Parcel of Taxable Public Property until the amount levied is equal to the Special Tax Requirement.

F. MANNER OF COLLECTION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that prepayments are permitted as set forth in Section H below and provided further that the City may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner, and may collect delinquent Special Taxes through foreclosure or other available methods.

ITEM 9.5. ATTACHMENT 2 Exhibit A1 to the Resolution

IA No. 2 of The Ranch CFD No. 2021-1 11 November 30, 2023 The Special Tax shall be levied and collected until principal and interest on Bonds have been repaid. However, in no event shall Special Taxes be levied after Fiscal Year 2064-65. Under no circumstances may the Special Tax on a Parcel of Developed Property in residential use be increased in any Fiscal Year as a consequence of delinquency or default in payment of the Special Tax levied on another Parcel or Parcels by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults.

G. EXEMPTIONS
Notwithstanding any other provision of this RMA, no Special Tax shall be levied in any Fiscal Year on the following:
(1) Public Property, except Taxable Public Property.
(2) Owners Association Property, except Taxable Owners Association Property. (3) Welfare Exemption Property, except Taxable Welfare Exemption Property. (4) Parcels that are owned by a public utility for an unmanned facility. (5) Parcels that are subject to an easement that precludes any other use on the Parcel. (6) Parcels that have fully prepaid the Special Tax obligation assigned to the Parcel pursuant to the formula set forth in Section H below.

H. PREPAYMENTS
The following definitions apply to this Section H:
“Outstanding Bonds” means all Previously Issued Bonds which remain outstanding, with the following exception: if a Special Tax has been levied against, or already paid by, an Assessor’s Parcel making a prepayment, and a portion of the Special Tax will be used to pay a portion of the next principal payment on the Bonds that remain outstanding (as determined by the Administrator), that next principal payment shall be subtracted from the total Bond principal that remains outstanding, and the difference shall be used as the amount of Outstanding Bonds for purposes of this prepayment formula. “Previously Issued Bonds” means all Bonds that have been issued prior to the date of prepayment.
“Public Facilities Requirement” means either $9.6 million in 2023 dollars, which shall increase on January 1, 2024, and on each January 1 thereafter by 2% of the amount in effect in the prior year or such other number as shall be determined by the City as sufficient to fund improvements that are authorized to be funded by Improvement Area No. 2. The Public Facilities Requirement shown above may be adjusted each time property annexes ITEM 9.5. ATTACHMENT 2 Exhibit A1 to the Resolution

IA No. 2 of The Ranch CFD No. 2021-1 12 November 30, 2023 into Improvement Area No. 2 or there is an adjustment to the Expected Maximum Special Tax Revenues due to a Land Use Change.
“Remaining Facilities Costs” means the Public Facilities Requirement minus public facility costs funded by Previously Issued Bonds, developer equity and any other source of funding.

1. Full Prepayment
The Special Tax obligation applicable to a Parcel in Improvement Area No. 2 may be prepaid and the obligation of the Parcel to pay the Special Tax permanently satisfied as described herein, provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Parcel at the time of prepayment. An owner of a Parcel intending to prepay the Special Tax obligation shall provide the City with written notice of intent to prepay. Within 30 days of receipt of such written notice, the City or its designee shall notify such owner of the prepayment amount for such Parcel. Prepayment must be made not less than 75 days prior to any redemption date for Bonds to be redeemed with the proceeds of such prepaid Special Taxes. The Prepayment Amount shall be calculated as follows: (capitalized terms as defined below):

Bond Redemption Amount
plus Remaining Facilities Amount
plus Redemption Premium
plus Defeasance Requirement
plus Administrative Fees and Expenses
less Reserve Fund Credit
equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount shall be determined by application of the following steps:

Step 1. Compute the amount that could be collected from the Parcel prepaying the Special Tax in the Fiscal Year in which prepayment would be received by the City by applying the Base Special Tax to the Expected Land Uses for the Parcel. If this Section H is being applied to calculate a prepayment pursuant to Section D above, compute the amount by which the proposed Land Use Change would reduce Expected Maximum Special Tax Revenues below the amount needed for Required Coverage, and use this amount for purposes of this Step 1.

Step 2. Divide the Maximum Special Tax computed pursuant to Step 1 for such Parcel by the total Expected Maximum Special Tax Revenues for all property in Improvement Area No. 2, as shown in Attachment 2.

Step 3. Multiply the quotient computed pursuant to Step 2 by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the “Bond Redemption Amount”).

Step 4. Compute the current Remaining Facilities Costs (if any).

ITEM 9.5. ATTACHMENT 2 Exhibit A1 to the Resolution

IA No. 2 of The Ranch CFD No. 2021-1 13 November 30, 2023 Step 5. Multiply the quotient computed pursuant to Step 2 by the amount determined pursuant to Step 4 to compute the amount of Remaining Facilities Costs to be prepaid (the “Remaining Facilities Amount”).

Step 6. Multiply the Bond Redemption Amount computed pursuant to Step 3 by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).

Step 7. Compute the amount needed to pay interest on the Bond Redemption Amount starting with the first Bond interest payment date after which the prepayment will be received until the earliest redemption date for the Outstanding Bonds. However, if Bonds are callable at the first interest payment date after the prepayment has been received, Steps 7, 8 and 9 of this prepayment formula will not apply.

Step 8: Compute the amount of interest the City reasonably expects to derive from reinvestment of the Bond Redemption Amount plus the Redemption Premium from the first Bond interest payment date after which the prepayment has been received until the redemption date for the Outstanding Bonds.

Step 9: Subtract the amount computed pursuant to Step 8 from the amount computed pursuant to Step 7 (the “Defeasance Requirement”).

Step 10. The administrative fees and expenses associated with the prepayment will be determined by the Administrator and include the costs of computing the prepayment, redeeming Bonds and recording any notices to evidence the prepayment and the redemption (the “Administrative Fees and Expenses”).

Step 11. If and to the extent so provided in the Indenture, a reserve fund credit shall be calculated as a reduction in the applicable reserve fund for the Outstanding Bonds to be redeemed pursuant to the prepayment (the “Reserve Fund Credit”).

Step 12. The Special Tax prepayment is equal to the sum of the amounts computed pursuant to Steps 3, 5, 6, 9, and 10, less the amount computed pursuant to Step 11 (the “Prepayment Amount”).

Step 13. From the Prepayment Amount, the amounts computed pursuant to Steps 3, 6, and 9 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to Step 5 shall be deposited into the Improvement Fund. The amount computed pursuant to Step 10 shall be retained in the account or fund that is established to pay Administrative Expenses.

ITEM 9.5. ATTACHMENT 2 Exhibit A1 to the Resolution

IA No. 2 of The Ranch CFD No. 2021-1 14 November 30, 2023 Once a full prepayment of a Parcel’s Special Tax obligation has been received, a Notice of Cancellation of Special Tax Lien shall be recorded against the Parcel to reflect the discharge of the Parcel’s obligation to pay the Special Tax. However, a Notice of Cancellation of Special Tax Lien shall not be recorded until all Special Taxes levied on the Parcel in the current or prior Fiscal Years have been collected.

2. Partial Prepayment
A partial prepayment may be made in an amount equal to any percentage of full prepayment desired by the party making a partial prepayment, except that the full amount of Administrative Fees and Expenses determined in Step 10 shall be included in the partial prepayment. The Maximum Special Tax that can be levied on a Parcel after a partial prepayment is made shall be equal to the portion of the Maximum Special Tax that was not prepaid. Once a partial prepayment has been received, an Amended Notice of Special Tax Lien shall be recorded against the Parcel to reflect the reduced Special Tax lien for the Parcel, and the Administrator shall update Attachment 2 to show the revised Expected Maximum Special Tax Revenues. However, an Amended Notice of Special Tax Lien shall not be recorded until all Special Taxes levied on the Parcel in the current or prior Fiscal Years have been collected.

3. Maintaining Required Coverage
Notwithstanding the foregoing, if at any point in time the Administrator determines that the Maximum Special Tax revenue that could be collected from Taxable Property that remains subject to the Special Tax after the proposed prepayment would be less than the Required Coverage on Bonds that will remain outstanding after defeasance or redemption of Bonds from proceeds of the estimated prepayment, the amount of the prepayment shall be increased until the amount of Bonds defeased or redeemed is sufficient to reduce remaining annual debt service to a point at which Required Coverage is maintained.

I. INTERPRETATION OF RMA
Interpretations may be made by Resolution of the City Council to interpret, clarify, and/or revise this RMA to correct any inconsistency, vagueness, or ambiguity as it relates to the Special Tax, method of apportionment, classification of properties, or any definition applicable to Improvement Area No. 2 of the CFD, as long as such correction does not materially affect the levy and collection of Special Taxes. The City, upon the request of an owner of land within Improvement Area No. 2 which is not Developed Property, may also amend this RMA in any manner acceptable to the City, by resolution or ordinance following a public hearing, upon the affirmative vote of such owner to such amendment and without the vote of owners of any other land within Improvement Area No. 2, provided such amendment only affects such owner's land. Under no circumstances may such revisions to the RMA decrease the Expected Maximum Special Tax Revenues to a level that will reduce debt service coverage below the Required Coverage.

ITEM 9.5. ATTACHMENT 2 Exhibit A1 to the Resolution

ATTACHMENT 1
Improvement Area No. 2 of the
City of Rancho Cordova
The Ranch
Community Facilities District No. 2021-1
The Ranch
Expected Lot Layout in Improvement Area No. 2

ITEM 9.5. ATTACHMENT 2 Exhibit A1 to the Resolution

BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767 Sacramento, CA 95816
ITEM 9.5.

ATTACHMENT 2
Exhibit A1 to the Resolution

ATTACHMENT 2
Improvement Area No. 2 of the
City of Rancho Cordova
The Ranch
Community Facilities District No. 2021-1
Expected Land Uses and Expected Maximum Special Tax Revenues in Improvement Area No. 2
Village
Expected
Land Uses
Base Special Tax
(FY 2023-24) *
Expected
Maximum Special
Tax Revenues
(FY 2023-24) *
Village 1 86 Residential Units
$3,224 per
Residential Unit $277,264
Village 2 49 Residential Units
$2,519 per
Residential Unit $123,431
Village 7 28 Residential Units
$2,298 per
Residential Unit $64,344
Villages 10 & 11 102 Residential Units
$1,845 per
Residential Unit $188,190
Expected Maximum Special Tax Revenues (FY 2023-24 $) $653,229 * On July 1, 2024, and each July 1 thereafter, all dollar amounts shown above shall be increased by 2% of the amount in effect in the prior Fiscal Year.

ITEM 9.5. ATTACHMENT 2 Exhibit A1 to the Resolution

IA No. 3 of The Ranch CFD No. 2021-1 1 November 30, 2023 IMPROVEMENT AREA NO. 3 OF THE

CITY OF RANCHO CORDOVA

THE RANCH
COMMUNITY FACILITIES DISTRICT NO. 2021-1

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax applicable to each Assessor’s Parcel in Improvement Area No. 3 of the City of Rancho Cordova The Ranch Community Facilities District No. 2021-1 shall be levied and collected according to the tax liability determined by the City Council through the application of the appropriate amount or rate for Taxable Property, as described below. All of the property in Improvement Area No. 3, unless exempted by law or by the provisions of Section G below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to Improvement Area No. 3 unless a separate Rate and Method of Apportionment 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 Map or other parcel map recorded at the County Recorder’s Office. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, (commencing with Section 53311), Part 1, Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means any or all of the following: the fees and expenses of any fiscal agent or trustee (including any fees or expenses of its counsel) employed in connection with any Bonds, and the expenses of the City in carrying out its duties with respect to Improvement Area No. 3, the CFD and the Bonds, including, but not limited to, the levy and collection of Special Taxes, the fees and expenses of its counsel, charges levied by the County in connection with the levy and collection of Special Taxes, costs related to property owner inquiries regarding the Special Tax, costs associated with appeals or requests for interpretation associated with the Special Tax and this RMA, amounts needed to pay rebate to the federal government with respect to Bonds, costs associated with complying with continuing disclosure requirements for the City and any major property owners or other obligated parties, costs associated with foreclosure and collection of delinquent Special Taxes, and all other costs and expenses of the City and County in any way related to the establishment or administration of Improvement Area No. 3 and the CFD. “Administrator” shall mean the person or firm designated by the City to administer the Special Tax according to this RMA.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel number.

ITEM 9.5. ATTACHMENT 3 Exhibit A2 to the Resolution

IA No. 3 of The Ranch CFD No. 2021-1 2 November 30, 2023 “Assessor’s Parcel Map” means an official map of the County Assessor designating Parcels by Assessor’s Parcel Number.
“Authorized Facilities” means the public facilities authorized to be financed, in whole or in part, by the CFD.
“Base Special Tax” means, for any Land Use Category, the applicable Special Tax initially identified in Table 1 in Section C, as may be adjusted pursuant to Sections D or H herein. “Bonds” means bonds or other debt (as defined in the Act), whether in one or more series, secured by the Special Tax and issued or assumed by or for Improvement Area No. 3 to fund Authorized Facilities.
“Building Permit” means a permit that allows for vertical construction of a building or buildings, which shall not include a separate permit issued for construction of the foundation thereof. “Capitalized Interest” means funds in any capitalized interest account available to pay debt service on Bonds.
“CFD” means the City of Rancho Cordova The Ranch Community Facilities District No. 2021-1. “CFD Formation” means the date on which the Resolution of Formation to form the CFD and Improvement Area No. 3 was adopted by the City Council. “City” means the City of Rancho Cordova.
“City Council” means the City Council of the City of Rancho Cordova. “County” means the County of Sacramento.
“Developed Property” means, in any Fiscal Year, all Parcels of Taxable Property that are not Taxable Owners Association Property, Taxable Public Property, or Taxable Welfare Exemption Property for which a Building Permit for new construction was issued prior to June 1 of the preceding Fiscal Year.
“Development Class” means, individually, Developed Property, Final Map Property, Undeveloped Property, Taxable Owners Association Property, Taxable Public Property, and Taxable Welfare Exemption Property.
“Expected Land Uses” means the number of Residential Units and the Acreage of Other Property expected within Improvement Area No. 3 at CFD Formation, as identified in Attachments 1 and 2 of this RMA. Pursuant to Section D of this RMA, the Administrator shall update Attachment 2 each time there is a Land Use Change. Such update(s) shall be maintained internally by the Administrator and shall not require recordation of an amended RMA. “Expected Maximum Special Tax Revenues” means the aggregate Special Tax that can be levied based on application of the Base Special Tax to the Expected Land Uses. The Expected Maximum Special Tax Revenues at CFD Formation are shown in Attachment 2 and may be revised ITEM 9.5. ATTACHMENT 3 Exhibit A2 to the Resolution

IA No. 3 of The Ranch CFD No. 2021-1 3 November 30, 2023 pursuant to Sections D or H herein. Such update(s) will be maintained internally by the Administrator and will not require recordation of an amended RMA. “Final Map” means a final map, or portion thereof, approved by the City or County pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq) that creates SFD Lots. The term “Final Map” shall not include any large-lot subdivision map, Assessor’s Parcel Map, or subdivision map or portion thereof, that does not create SFD Lots, including Assessor’s Parcels that are designated as remainder parcels.
“Final Map Property” means, in any Fiscal Year, all SFD Lots created within Final Maps that had recorded prior to June 30 of the preceding Fiscal Year and which have not yet become Developed Property.
“First Bond Sale” means issuance of the first series of Bonds secured, in whole or in part, by Special Taxes levied and collected from Parcels in Improvement Area No. 3. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “Improvement Area No. 3” means Improvement Area No. 3 of the CFD. “Improvement Fund” means the account (regardless of its name) identified in the Indenture to hold funds that are available for expenditure to acquire or construct Authorized Facilities. “Indenture” means the bond indenture, fiscal agent agreement, trust agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended, and/or supplemented from time to time, and any instrument replacing or supplementing the same. “Land Use Category” means the categories of land use identified in Table 1 in Section C below. “Land Use Change” means a proposed or approved change to the Expected Land Uses after CFD Formation.
“Maximum Special Tax” means the greatest amount of Special Tax that can be levied on a Parcel in any Fiscal Year, as determined in accordance with Sections C and D below. “Other Property” means any Parcel of Developed Property in Improvement Area No. 3 that does not fit within the definition of Single Family Property. “Owners Association” means a homeowners association or property owners association that provides services to, and collects assessments, fees, dues, or charges from, property within Improvement Area No. 3.
“Owners Association Property” means any property within the boundaries of Improvement Area No. 3 that is owned in fee or by easement by an Owners Association, not including any such property that is located directly under a residential structure.

ITEM 9.5. ATTACHMENT 3 Exhibit A2 to the Resolution

IA No. 3 of The Ranch CFD No. 2021-1 4 November 30, 2023 “Proportionately” means, for each Development Class, that the ratio of the actual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all parcels assigned to the Development Class. “Public Property” means any property within the boundaries of Improvement Area No. 3 that is owned by the City, federal government, State of California or other public agency. “Required Coverage” means the amount by which the Expected Maximum Special Tax Revenues must exceed the Bond debt service and priority Administrative Expenses (if any), as set forth in the Indenture, Certificate of Special Tax Consultant, or other formation or bond document that identifies the minimum required debt service coverage. “Residential Unit” means an SFD Unit or an individual residential unit within a duplex, halfplex, triplex, fourplex, townhome, live/work or condominium structure, or apartment building. A second unit (granny flat) that shares a Parcel with an SFD Unit will not be considered a Residential Unit for purposes of levying the Special Tax.
“RMA” means this Rate and Method of Apportionment of Special Tax. “SFD Lot” means an individual residential lot, identified and numbered on a recorded Final Map, on which a Building Permit has been or is permitted to be issued for construction of an SFD Unit without further subdivision of the lot and for which no further subdivision of the lot is anticipated pursuant to an approved Tentative Map.
“SFD Unit” means a residential unit that does not share a common wall with another residential unit.
“Single Family Property” means, in any Fiscal Year, all Parcels of Taxable Property for which a Building Permit was or is expected to be issued for: (i) construction of an SFD Unit, or (ii) construction of a residential structure consisting of two or more Residential Units that share common walls, have separate Assessor’s Parcel numbers assigned to them (except for a duplex unit, which may share an Assessor’s Parcel with another duplex unit), and may be purchased by individual homebuyers (which shall still be the case even if the Residential Units are purchased and subsequently offered for rent by the owners of the Residential Units), including such residential structures that meet the statutory definition of a condominium contained in Civil Code Section 4125.
“Special Tax” means a special tax levied in any Fiscal Year to pay the Special Tax Requirement. “Special Tax Requirement” means the amount necessary in any Fiscal Year to: (i) pay principal and interest on Bonds that are due in the calendar year that begins in such Fiscal Year; (ii) pay periodic costs on the Bonds, including but not limited to, credit enhancement, liquidity support and rebate payments on the Bonds; (iii) replenish reserve funds created for the Bonds under the Indenture to the extent such replenishment has not been included in the computation of the Special Tax Requirement in a previous Fiscal Year; (iv) cure any delinquencies in the payment of principal or interest on Bonds which have occurred in the prior Fiscal Year or, based on prior delinquencies, are expected to occur in the current Fiscal Year; (v) pay Administrative Expenses; and (vi) pay directly for Authorized Facilities, so long as such levy under this clause (vi) does not increase the ITEM 9.5. ATTACHMENT 3 Exhibit A2 to the Resolution

IA No. 3 of The Ranch CFD No. 2021-1 5 November 30, 2023 Special Tax levied on Final Map Property or Undeveloped Property. The amounts referred to in clauses (i) and (ii) of the definition of Special Tax Requirement may be reduced in any Fiscal Year by: (a) interest earnings on or surplus balances in funds and accounts for the Bonds to the extent that such earnings or balances are available to apply against such costs pursuant to the Indenture; (b) in the sole and absolute discretion of the City, proceeds received by the CFD from the collection of penalties associated with delinquent Special Taxes; and (c) any other revenues available to pay such costs, each as determined in the sole discretion of the City. “Taxable Owners Association Property” means, in any Fiscal Year after the First Bond Sale, any Parcel of Owners Association Property that satisfies all three of the following conditions: (i) the Parcel had not been Owners Association Property on the date of the First Bond Sale, (ii) based on reference to Attachments 1 and 2 (as may be updated pursuant to Section D below), the Parcel was not anticipated to be Owners Association Property as determined by the Administrator, and (iii) if the Parcel were to be exempt from the Special Tax because it is Owners Association Property, the Expected Maximum Special Tax Revenues would be reduced to a point at which Required Coverage could not be maintained.
“Taxable Property” means all of the Parcels within the boundaries of Improvement Area No. 3 that are not exempt from the Special Tax pursuant to law or Section G below. “Taxable Public Property” means in any Fiscal Year after the First Bond Sale, any Parcel of Public Property that satisfies all three of the following conditions: (i) the Parcel had not been Public Property on the date of the First Bond Sale, (ii) based on reference to Attachments 1 and 2 (as may be updated pursuant to Section D below), the Parcel was not anticipated to be Public Property as determined by the Administrator, and (iii) if the Parcel were to be exempt from the Special Tax because it is Public Property, the Expected Maximum Special Tax Revenues would be reduced to a point at which Required Coverage could not be maintained. “Taxable Welfare Exemption Property” means in any Fiscal Year after the First Bond Sale, any Parcel of Welfare Exemption Property that satisfies all three of the following conditions: (i) the Parcel had not been Welfare Exemption Property on the date of issuance of the First Bond Sale; (ii) based on reference to Attachments 1 and 2 (as may be updated pursuant to Section D herein), the Parcel was not anticipated to be Welfare Exemption Property based on the Expected Land Uses, as determined by the Administrator; and (iii) if the Parcel were to be exempt from the Special Tax because it has become Welfare Exemption Property, the Expected Maximum Special Tax Revenues would be reduced to a point at which Required Coverage could not be maintained. “Tentative Map” means a tentative map or substantial conformance exhibit for property in Improvement Area No. 3, including any adjustments or amendments thereto. “Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property that are not Final Map Property or Developed Property, as defined herein. “Village” means a specific geographic area within Improvement Area No. 3 that (i) is identified by an assigned number on Attachment 1, (ii) is expected to have single family lots that are all of a similar size, and (iii) is assigned Expected Maximum Special Tax Revenues in Attachment 2 based on the Expected Land Uses for that Village.

ITEM 9.5. ATTACHMENT 3 Exhibit A2 to the Resolution

IA No. 3 of The Ranch CFD No. 2021-1 6 November 30, 2023 “Welfare Exemption Property” means, in any Fiscal Year, any Parcels in the CFD that have received a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code and for which such welfare exemption is still in place.

B. DATA FOR ADMINISTRATION OF THE SPECIAL TAX
Each Fiscal Year, the Administrator shall: (i) assign each Parcel of Taxable Property to the appropriate Development Class, (ii) for Developed Property, categorize each Parcel as Single Family Property or Other Property, (iii) for Single Family Property, determine within which Village each Parcel of Developed Property is located and the number of Residential Units on the Parcel; (iv) for Other Property, determine the Acreage of each Parcel; and (v) determine the Special Tax Requirement for the Fiscal Year. In addition, the Administrator shall, on an ongoing basis, monitor the Tentative Map, Final Maps, and Building Permits to determine if there are any proposed Land Use Changes that would change the Expected Maximum Special Tax Revenues.

If the Expected Maximum Special Tax Revenues will be revised pursuant to a proposed Land Use Change, the Administrator shall apply the steps set forth in Section D below.

In any Fiscal Year, if it is determined that: (i) a parcel map for property in Improvement Area No. 3 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 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 is in a different Development Class and/or Land Use Category than other Parcels created by the subdivision, the Administrator shall calculate the Special Taxes for the property affected by recordation of the parcel map by determining the Special Taxes that apply separately to the property within each Development Class and/or Land Use Category, 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. Developed Property and Final Map Property
The Maximum Special Tax for a Parcel of Developed Property or Final Map Property is the greater of (i) the Base Special Tax set forth in Table 1 below, or, (ii) the Maximum Special Tax determined pursuant to Section D.

ITEM 9.5. ATTACHMENT 3 Exhibit A2 to the Resolution

IA No. 3 of The Ranch CFD No. 2021-1 7 November 30, 2023 Table 1
Base Special Tax
Developed Property and Final Map Property
Land Use
Base Special Tax
Fiscal Year 2023-24 *
Single Family Property
Villages 12-1 & 13
Village 15-1
Villages 19 & 21-1
Village 20
$3,856 per Residential Unit or SFD Lot
$3,022 per Residential Unit or SFD Lot
$2,930 per Residential Unit or SFD Lot
$2,261 per Residential Unit or SFD Lot
Other Property $29,224 per Acre
* On July 1, 2024, and on each July 1 thereafter, all figures shown in Table 1 above shall be increased by an amount equal to 2.0% of the amount in effect for the prior Fiscal Year.

2. Undeveloped Property, Taxable Owners Association Property, Taxable Public Property, and Taxable Welfare Exemption Property
The Maximum Special Tax for Undeveloped Property, Taxable Owners Association Property, Taxable Public Property, and Taxable Welfare Exemption Property is $29,224 per Acre for Fiscal Year 2023-24, which amount shall increase on July 1, 2024 and each July 1 thereafter by an amount equal to 2.0% of the amount in effect for the prior Fiscal Year.

D. CHANGES TO THE MAXIMUM SPECIAL TAX

1. Land Use Changes
The Expected Maximum Special Tax Revenues shown in Attachment 2 were originally calculated based on the Expected Land Uses at CFD Formation. Attachment 2 is subject to modification upon the occurrence of Land Use Changes, as described below. The Administrator shall review all Land Use Changes and compare the revised land uses to the Expected Land Uses to evaluate the impact on the Expected Maximum Special Tax Revenues.

Prior to the First Bond Sale, if a Land Use Change is proposed or identified that will result in a change in the Expected Maximum Special Tax Revenues, no action will be needed pursuant to this Section D. Upon approval of the Land Use Change, the Administrator shall update Attachment 2 to show the revised Expected Maximum Special Tax Revenues.

After the First Bond Sale, if a Land Use Change is proposed or identified, Steps 1 through 3 must be applied:

Step 1: By reference to Attachment 2 (which shall be updated by the Administrator each time a Land Use Change has been processed according to this Section D or a prepayment has been made), the Administrator shall identify the Expected Maximum Special Tax Revenues prior to the Land Use Change.

ITEM 9.5. ATTACHMENT 3 Exhibit A2 to the Resolution

IA No. 3 of The Ranch CFD No. 2021-1 8 November 30, 2023 Step 2: The Administrator shall calculate the Expected Maximum Special Tax Revenues that could be collected from Taxable Property in Improvement Area No. 3 after the Land Use Change based on application of the Base Special Taxes from Table

1. Step 3: If the revenues calculated in Step 2 are (i) higher than those determined in Step 1 or (ii) less than those calculated in Step 1, but the reduction in Expected Maximum Special Tax Revenues does not reduce debt service coverage on outstanding Bonds below Required Coverage, no further action is needed, and the Administrator shall update Attachment 2 to show the revised Expected Maximum Special Tax Revenues.

If the revenues calculated in Step 2 are less than those calculated in Step 1, and the Administrator determines that the reduction in Expected Maximum Special Tax Revenues would reduce debt service coverage on outstanding Bonds below the Required Coverage, one of the following shall occur:

3.a. The landowner requesting the Land Use Change (the “Requesting Landowner”) may make a prepayment in an amount that will ensure that the reduced Expected Maximum Special Tax Revenues are sufficient to provide Required Coverage, as determined pursuant to Section H below. If the Requesting Landowner notifies the Administrator that he/she would like to remedy the reduction by making a prepayment, such prepayment must be made by the earlier of (i) 30 days from the date of delivery of the prepayment estimate or (ii) the date of issuance of any Building Permits for any Parcel owned by the Requesting Landowner that was Final Map Property or Undeveloped Property at the time the Administrator prepared the prepayment estimate, or

3.b. If a prepayment is not received by the due date specified above, the Base Special Tax used to determine the Maximum Special Tax for each Parcel of Taxable Property in the area affected by the Land Use Change shall be increased proportionately until the Expected Maximum Special Tax Revenues are sufficient to maintain Required Coverage.

Pursuant to this Section D.3, the Administrator may from time to time update Attachment 2 to reflect revised Expected Maximum Special Tax Revenues. Such update shall be maintained internally by the Administrator and shall not require recordation of an amended RMA.

If multiple Land Use Changes are proposed simultaneously by a single landowner (which may include approval of multiple Final Maps at one time), and the landowner requests that the impact of two or more of the Land Use Changes be considered together, the Administrator shall consider the combined effect of the Land Use Changes to determine if there is a reduction in Expected Maximum Special Tax Revenues. If there is a reduction that would reduce debt service coverage below the Required Coverage, and no prepayment has been received, then the Base Special Tax used to determine the Maximum Special Tax for each Parcel of Taxable Property in the areas affected by the Land Use Changes shall be increased proportionately until the aggregate amount that can be levied within such areas is equal to the amount that could have been levied prior to the ITEM 9.5. ATTACHMENT 3 Exhibit A2 to the Resolution

IA No. 3 of The Ranch CFD No. 2021-1 9 November 30, 2023 proposed Land Use Changes. If Land Use Changes are proposed simultaneously by multiple landowners, or if an individual landowner proposing multiple Land Use Changes does not request that such Land Use Changes be considered together, the Administrator shall consider the proposed Land Use Changes individually.

Notwithstanding the foregoing, once a certificate of occupancy has been issued for a Residential Unit on a Parcel, the Maximum Special Tax for the Parcel cannot be increased because of subsequent Land Use Changes that may occur within the area in which the Parcel is located.

The duties imposed on the Administrator pursuant to this Section D to review Land Use Changes, and to review Final Maps and make certain calculations, are intended only to facilitate the administration of the Special Tax and to better assure the sufficiency of tax capacity to pay debt service on Bonds. Such duties are not intended to give any developer, subdivider, or owner of property the right to receive notice of the potential impact of Land Use Changes on the Special Tax applicable to a Parcel; and each developer, subdivider, or owner of property whose property is the subject of a Land Use Change shall be responsible for understanding the impact thereof on the Special Tax applicable to such property.

2. Partial Prepayments
If a Parcel makes a partial prepayment pursuant to Section H below, the Administrator shall recalculate the Maximum Special Tax for the Parcel pursuant to Section H.2. In addition, the Administrator shall update Attachment 2 to reflect the prepayment and the revised Expected Maximum Special Tax Revenues for Improvement Area No. 3. After the prepayment has been received, the application of Sections D and H of this RMA shall be based on the adjusted Expected Maximum Special Tax Revenues after the prepayment.

3. Conversion of a Parcel of Public Property to Private Use If, in any Fiscal Year, a Parcel of Public Property is converted to private use, such Parcel shall be subject to the levy of the Special Tax. The Maximum Special Tax for each such Parcel shall be determined based on the applicable Base Special Tax for the Parcel, as determined by the Administrator. In addition, the Administrator shall update Attachment 2 to reflect the conversion and the revised Expected Maximum Special Tax Revenues for Improvement Area No. 3.

4. Transfer of Expected Maximum Special Tax Revenues from One Village to Another The Expected Maximum Special Tax Revenues were determined for each Village based on the Expected Land Uses within that Village. If the expected number of Residential Units is transferred from one Village to another, the City may, in its sole discretion, allow for a corresponding transfer of Expected Maximum Special Tax Revenues between the Villages. Such a transfer shall only be allowed if (i) all adjustments are agreed to in writing by the affected property owners and the City, and (ii) there is no reduction in the total Expected Maximum Special Tax Revenues as a result of the transfer. In addition, the Administrator shall update Attachment 2 to reflect the transfer and the revised Expected Maximum Special Tax Revenues for Improvement Area No. 3.

ITEM 9.5. ATTACHMENT 3 Exhibit A2 to the Resolution

IA No. 3 of The Ranch CFD No. 2021-1 10 November 30, 2023 E. METHOD OF LEVY OF THE SPECIAL TAX
Each Fiscal Year, the Administrator shall determine the Special Tax Requirement to be collected in that Fiscal Year. A Special Tax shall then be levied according to the following steps:

Step 1: The Special Tax shall be levied Proportionately on each Parcel of Developed Property up to 100% of the Maximum Special Tax for each Parcel of Developed Property until the amount levied is equal to the Special Tax Requirement prior to applying any Capitalized Interest that is available in the CFD accounts.

Step 2: If additional revenue is needed after Step 1 in order to meet the Special Tax Requirement after Capitalized Interest has been applied to reduce the Special Tax Requirement, the Special Tax shall be levied Proportionately on each Parcel of Final Map Property up to 100% of the Maximum Special Tax for each Parcel of Final Map Property until the amount levied is equal to the Special Tax Requirement.

Step 3: If additional revenue is needed after Step 2, the Special Tax shall be levied Proportionately on each Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for each Parcel of Undeveloped Property until the amount levied is equal to the Special Tax Requirement.

Step 4: If additional revenue is needed after Step 3, the Special Tax shall be levied Proportionately on each Parcel of Taxable Welfare Exemption Property, up to 100% of the Maximum Special Tax for each Parcel of Taxable Welfare Exemption Property for such Fiscal Year until the amount levied is equal to the Special Tax Requirement.

Step 5: If additional revenue is needed after Step 4, the Special Tax shall be levied Proportionately on each Parcel of Taxable Owners Association Property, up to 100% of the Maximum Special Tax for each Parcel of Taxable Owners Association Property until the amount levied is equal to the Special Tax Requirement.

Step 6: If additional revenue is needed after Step 5, the Special Tax shall be levied Proportionately on each Parcel of Taxable Public Property, up to 100% of the Maximum Special Tax for each Parcel of Taxable Public Property until the amount levied is equal to the Special Tax Requirement.

F. MANNER OF COLLECTION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that prepayments are permitted as set forth in Section H below and provided further that the City may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner, and may collect delinquent Special Taxes through foreclosure or other available methods.

ITEM 9.5. ATTACHMENT 3 Exhibit A2 to the Resolution

IA No. 3 of The Ranch CFD No. 2021-1 11 November 30, 2023 The Special Tax shall be levied and collected until principal and interest on Bonds have been repaid. However, in no event shall Special Taxes be levied after Fiscal Year 2064-65. Under no circumstances may the Special Tax on a Parcel of Developed Property in residential use be increased in any Fiscal Year as a consequence of delinquency or default in payment of the Special Tax levied on another Parcel or Parcels by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults.

G. EXEMPTIONS
Notwithstanding any other provision of this RMA, no Special Tax shall be levied in any Fiscal Year on the following:
(1) Public Property, except Taxable Public Property.
(2) Owners Association Property, except Taxable Owners Association Property. (3) Welfare Exemption Property, except Taxable Welfare Exemption Property. (4) Parcels that are owned by a public utility for an unmanned facility. (5) Parcels that are subject to an easement that precludes any other use on the Parcel. (6) Parcels that have fully prepaid the Special Tax obligation assigned to the Parcel pursuant to the formula set forth in Section H below.

H. PREPAYMENTS
The following definitions apply to this Section H:
“Outstanding Bonds” means all Previously Issued Bonds which remain outstanding, with the following exception: if a Special Tax has been levied against, or already paid by, an Assessor’s Parcel making a prepayment, and a portion of the Special Tax will be used to pay a portion of the next principal payment on the Bonds that remain outstanding (as determined by the Administrator), that next principal payment shall be subtracted from the total Bond principal that remains outstanding, and the difference shall be used as the amount of Outstanding Bonds for purposes of this prepayment formula. “Previously Issued Bonds” means all Bonds that have been issued prior to the date of prepayment.
“Public Facilities Requirement” means either $11.1 million in 2023 dollars, which shall increase on January 1, 2024, and on each January 1 thereafter by 2% of the amount in effect in the prior year or such other number as shall be determined by the City as sufficient to fund improvements that are authorized to be funded by Improvement Area No. 3. The Public Facilities Requirement shown above may be adjusted each time property annexes ITEM 9.5. ATTACHMENT 3 Exhibit A2 to the Resolution

IA No. 3 of The Ranch CFD No. 2021-1 12 November 30, 2023 into Improvement Area No. 3 or there is an adjustment to the Expected Maximum Special Tax Revenues due to a Land Use Change.
“Remaining Facilities Costs” means the Public Facilities Requirement minus public facility costs funded by Previously Issued Bonds, developer equity and any other source of funding.

1. Full Prepayment
The Special Tax obligation applicable to a Parcel in Improvement Area No. 3 may be prepaid and the obligation of the Parcel to pay the Special Tax permanently satisfied as described herein, provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Parcel at the time of prepayment. An owner of a Parcel intending to prepay the Special Tax obligation shall provide the City with written notice of intent to prepay. Within 30 days of receipt of such written notice, the City or its designee shall notify such owner of the prepayment amount for such Parcel. Prepayment must be made not less than 75 days prior to any redemption date for Bonds to be redeemed with the proceeds of such prepaid Special Taxes. The Prepayment Amount shall be calculated as follows: (capitalized terms as defined below):

Bond Redemption Amount
plus Remaining Facilities Amount
plus Redemption Premium
plus Defeasance Requirement
plus Administrative Fees and Expenses
less Reserve Fund Credit
equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount shall be determined by application of the following steps:

Step 1. Compute the amount that could be collected from the Parcel prepaying the Special Tax in the Fiscal Year in which prepayment would be received by the City by applying the Base Special Tax to the Expected Land Uses for the Parcel. If this Section H is being applied to calculate a prepayment pursuant to Section D above, compute the amount by which the proposed Land Use Change would reduce Expected Maximum Special Tax Revenues below the amount needed for Required Coverage, and use this amount for purposes of this Step 1.

Step 2. Divide the Maximum Special Tax computed pursuant to Step 1 for such Parcel by the total Expected Maximum Special Tax Revenues for all property in Improvement Area No. 3, as shown in Attachment 2.

Step 3. Multiply the quotient computed pursuant to Step 2 by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the “Bond Redemption Amount”).

Step 4. Compute the current Remaining Facilities Costs (if any).

ITEM 9.5. ATTACHMENT 3 Exhibit A2 to the Resolution

IA No. 3 of The Ranch CFD No. 2021-1 13 November 30, 2023 Step 5. Multiply the quotient computed pursuant to Step 2 by the amount determined pursuant to Step 4 to compute the amount of Remaining Facilities Costs to be prepaid (the “Remaining Facilities Amount”).

Step 6. Multiply the Bond Redemption Amount computed pursuant to Step 3 by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).

Step 7. Compute the amount needed to pay interest on the Bond Redemption Amount starting with the first Bond interest payment date after which the prepayment will be received until the earliest redemption date for the Outstanding Bonds. However, if Bonds are callable at the first interest payment date after the prepayment has been received, Steps 7, 8 and 9 of this prepayment formula will not apply.

Step 8: Compute the amount of interest the City reasonably expects to derive from reinvestment of the Bond Redemption Amount plus the Redemption Premium from the first Bond interest payment date after which the prepayment has been received until the redemption date for the Outstanding Bonds.

Step 9: Subtract the amount computed pursuant to Step 8 from the amount computed pursuant to Step 7 (the “Defeasance Requirement”).

Step 10. The administrative fees and expenses associated with the prepayment will be determined by the Administrator and include the costs of computing the prepayment, redeeming Bonds and recording any notices to evidence the prepayment and the redemption (the “Administrative Fees and Expenses”).

Step 11. If and to the extent so provided in the Indenture, a reserve fund credit shall be calculated as a reduction in the applicable reserve fund for the Outstanding Bonds to be redeemed pursuant to the prepayment (the “Reserve Fund Credit”).

Step 12. The Special Tax prepayment is equal to the sum of the amounts computed pursuant to Steps 3, 5, 6, 9, and 10, less the amount computed pursuant to Step 11 (the “Prepayment Amount”).

Step 13. From the Prepayment Amount, the amounts computed pursuant to Steps 3, 6, and 9 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to Step 5 shall be deposited into the Improvement Fund. The amount computed pursuant to Step 10 shall be retained in the account or fund that is established to pay Administrative Expenses.

ITEM 9.5. ATTACHMENT 3 Exhibit A2 to the Resolution

IA No. 3 of The Ranch CFD No. 2021-1 14 November 30, 2023 Once a full prepayment of a Parcel’s Special Tax obligation has been received, a Notice of Cancellation of Special Tax Lien shall be recorded against the Parcel to reflect the discharge of the Parcel’s obligation to pay the Special Tax. However, a Notice of Cancellation of Special Tax Lien shall not be recorded until all Special Taxes levied on the Parcel in the current or prior Fiscal Years have been collected.

2. Partial Prepayment
A partial prepayment may be made in an amount equal to any percentage of full prepayment desired by the party making a partial prepayment, except that the full amount of Administrative Fees and Expenses determined in Step 10 shall be included in the partial prepayment. The Maximum Special Tax that can be levied on a Parcel after a partial prepayment is made shall be equal to the portion of the Maximum Special Tax that was not prepaid. Once a partial prepayment has been received, an Amended Notice of Special Tax Lien shall be recorded against the Parcel to reflect the reduced Special Tax lien for the Parcel, and the Administrator shall update Attachment 2 to show the revised Expected Maximum Special Tax Revenues. However, an Amended Notice of Special Tax Lien shall not be recorded until all Special Taxes levied on the Parcel in the current or prior Fiscal Years have been collected.

3. Maintaining Required Coverage
Notwithstanding the foregoing, if at any point in time the Administrator determines that the Maximum Special Tax revenue that could be collected from Taxable Property that remains subject to the Special Tax after the proposed prepayment would be less than the Required Coverage on Bonds that will remain outstanding after defeasance or redemption of Bonds from proceeds of the estimated prepayment, the amount of the prepayment shall be increased until the amount of Bonds defeased or redeemed is sufficient to reduce remaining annual debt service to a point at which Required Coverage is maintained.

I. INTERPRETATION OF RMA
Interpretations may be made by Resolution of the City Council to interpret, clarify, and/or revise this RMA to correct any inconsistency, vagueness, or ambiguity as it relates to the Special Tax, method of apportionment, classification of properties, or any definition applicable to Improvement Area No. 3 of the CFD, as long as such correction does not materially affect the levy and collection of Special Taxes. The City, upon the request of an owner of land within Improvement Area No. 3 which is not Developed Property, may also amend this RMA in any manner acceptable to the City, by resolution or ordinance following a public hearing, upon the affirmative vote of such owner to such amendment and without the vote of owners of any other land within Improvement Area No. 3, provided such amendment only affects such owner's land. Under no circumstances may such revisions to the RMA decrease the Expected Maximum Special Tax Revenues to a level that will reduce debt service coverage below the Required Coverage.

ITEM 9.5. ATTACHMENT 3 Exhibit A2 to the Resolution

ATTACHMENT 1
Improvement Area No. 3 of the
City of Rancho Cordova
The Ranch
Community Facilities District No. 2021-1
The Ranch
Expected Lot Layout in Improvement Area No. 3

ITEM 9.5. ATTACHMENT 3 Exhibit A2 to the Resolution

BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767 Sacramento, CA 95816
ITEM 9.5.

ATTACHMENT 3
Exhibit A2 to the Resolution

ATTACHMENT 2
Improvement Area No. 3 of the
City of Rancho Cordova
The Ranch
Community Facilities District No. 2021-1
Expected Land Uses and Expected Maximum Special Tax Revenues in Improvement Area No. 3
Village
Expected
Land Uses
Base Special Tax
(FY 2023-24) *
Expected
Maximum Special
Tax Revenues
(FY 2023-24) *
Villages 12-1 & 13 79 Residential Units
$3,856 per
Residential Unit $304,624
Village 15-1 51 Residential Units
$3,022 per
Residential Unit $154,122
Villages 19 & 21-1 60 Residential Units
$2,930 per
Residential Unit $175,800
Village 20 55 Residential Units
$2,261 per
Residential Unit $124,355
Expected Maximum Special Tax Revenues (FY 2023-24 $) $758,901 * On July 1, 2024, and each July 1 thereafter, all dollar amounts shown above shall be increased by 2% of the amount in effect in the prior Fiscal Year.

ITEM 9.5. ATTACHMENT 3 Exhibit A2 to the Resolution

1 EXHIBIT B-1

CITY OF RANCHO CORDOVA
The Ranch Community Facilities District No. 2021-1
Request and Unanimous Approval for Annexation
and Landowner-Voter Ballot
(Improvement Area No. 2)
City Council of the
City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 95670
Members of the City Council:

Recitals
A. The undersigned is the authorized representative of K. Hovnanian at Jaeger Ranch, LLC, a California limited liability company (the "Landowner"), the owner of the all the parcels listed in Exhibit A, which parcels collectively comprise all the land proposed to be included within Improvement Area No. 2 (described herein) from the Future Annexation Area of “The Ranch Community Facilities District No. 2021-1” ("CFD No. 2021-1" or “CFD”).

B. The Landowner is the sole owner of the fee simple interest in the real property identified in Exhibit A, attached hereto and by this reference incorporated herein (the "Property").

C. Pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act"), the City Council (the “City Council”) of the City of Rancho Cordova adopted its Resolution No. 195-2021 (the "Resolution of Formation") on December 6, 2021, which, among other things:

1. established CFD No. 2021-1 and designated Improvement Area No. 1 (“Improvement Area No. 1”);

2. designated certain real property as a future annexation area (the "Future Annexation Area") to be annexed to CFD No. 2021-1;

3. authorized CFD No. 2021-1 and every current and future improvement area thereto to finance the costs and expenses of certain public facilities and related payments (together, the "Facilities") described in Exhibit B, attached hereto and by this reference incorporated herein; and

4. approved the form of the rate and method of apportionment for Improvement Area No. 1 (the “Improvement Area No. 1 RMA”).

ITEM 9.5. ATTACHMENT 4 Exhibit B1 to the Resolution

-2-
D. The boundaries of the CFD, Improvement Area No. 1 and the Future Annexation Area are shown on a boundary map (the "Boundary Map") that was recorded on November 15, 2021 at 8:11 a.m., in the Office of the Sacramento County Recorder in Book 135 of Maps of Assessment and Community Facilities Districts at Page 36 as Instrument Number 202111150034.

E. Pursuant to the Act, on December 6, 2021, the City Council adopted its Resolution No. 196-2021 (the “Resolution of Necessity”), which sets forth the necessity for the City to issue special tax bonds or other forms of debt obligations for CFD No. 2021-1 in the following amounts:

1. for Improvement Area No. 1, a not-to-exceed principal amount of $20,350,000 (“Improvement Area No. 1 Indebtedness Limit”); and

2. for the portion of CFD No. 2021-1 that is not in Improvement Area No. 1, a not-toexceed principal amount of $66,120,000 (“Non-Improvement Area No. 1 Indebtedness Limit”), with the actual limit for an improvement area created from annexation of all or part of the Future Annexation Area to be identified and approved in accordance with the Annexation Approval Procedures listed below, and the new improvement area’s limit to be subtracted from the Non-Improvement Area No. 1 Indebtedness Limit.

F. The Resolution of Formation provided that property in the Future Annexation Area may be annexed into CFD No. 2021-1 as its own improvement area (a “Future Improvement Area”) or to an existing improvement area, and that the designation of any territory annexing to CFD No. 2021-1 as a Future Improvement Area, the maximum amount of bonded indebtedness and other debt for such Future Improvement Area, the rate and method of apportionment of special tax for such Future Improvement Area and the appropriations limit for such Future Improvement Area would be identified and approved in a unanimous approval (a “Unanimous Approval”) executed by property owners in connection with an annexation to the CFD in accordance with certain procedures (the “Annexation Approval Procedures”).

G. The Annexation Approval Procedures include procedures where the annexation of territory in the Future Annexation Area as a Future Improvement Area may be implemented and completed without the need for approval of the City Council of the City, as follows (capitalized terms have the meanings given them in the Resolution of Formation):

1. The rate and method of apportionment of special tax for the Future Improvement Area is prepared by a special tax consultant retained by the City.

2. The rate and method of apportionment of special tax for the Future Improvement Area complies with the City's local goals and policies concerning the use of the Act.

3. The rate and method of apportionment of special tax for the Future Improvement Area does not establish a maximum special tax amount for the initial fiscal year in which the special tax may be levied for any category of special tax set forth in the Improvement Area No. 1 RMA that is greater than 120% of the maximum amount ITEM 9.5. ATTACHMENT 4 Exhibit B1 to the Resolution

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of the same or closest category of special tax for the same fiscal year calculated pursuant to the Improvement Area No. 1 RMA.

4. The rate and method of apportionment of special tax for the Future Improvement Area does not introduce a type of special tax that was not included in the Improvement Area No. 1 RMA (e.g., a special tax that is levied and must be paid in a single fiscal year).

5. The rate and method of apportionment of special tax for the Future Improvement Area includes a mechanism that protects against revenue loss as a result of land use changes.

The Resolution of Formation provides that if the Annexation Approval Procedures for annexation of territory in the Future Annexation Area as a Future Improvement Area listed above have been satisfied, the Unanimous Approval shall be deemed accepted by the City and the City Clerk shall record an amendment to the notice of special tax lien or a new notice of special tax lien for the CFD pursuant to Streets & Highways Code Section 3117.5.

H. The Property is part of the Future Annexation Area. The Landowner wishes to annex the Property into CFD No. 2021-1 as a Future Improvement Area. The Landowner believes that all of the Annexation Approval Procedures listed above for annexation of territory that is in the Future Annexation Area into CFD No. 2021-1 as a Future Improvement Area will be met, except for item (3) because the special tax rates in the proposed RMA exceed 120% of the rates in the Improvement Area No. 1 RMA. Thus, the City Council must approve of the new RMA as a condition of annexing the Property into CFD No. 2021-1.

No public hearing is required.

I. By this instrument, the Landowner identifies, specifies and approves the annexation of the Property to CFD No. 2021-1 as Improvement Area No. 2 of CFD No. 2021-1 (“Improvement Area No. 2”) and the other matters included herein, without a public hearing, as authorized by the Act and the Resolution of Formation.

J. The Landowner hereby represents and warrants that, to the best of its knowledge without inquiry, there are no persons resident on the Property that are registered voters.

Approval and Vote
The undersigned representative of the Landowner, on behalf of the entity it represents, hereby petitions, represents, warrants, and certifies to the City as follows:

1. I am familiar with the CFD, the Future Annexation Area and the land therein listed in Exhibit A hereto and proposed to be Improvement Area No. 2 of the CFD.

2. I am familiar with and have personally inspected the land within Improvement Area No. 2, which is undeveloped land, and I have noted that there are no dwellings thereon that might serve as habitation for registered voters. Based on the foregoing, and to my actual knowledge, at no time during the 90 days preceding the date hereof were there ever any persons registered to vote within the territory of Improvement Area No. 2.

ITEM 9.5. ATTACHMENT 4 Exhibit B1 to the Resolution

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3. The Council is requested to designate Improvement Area No. 2 within the CFD over land shown on the Annexation Map for the captioned Consolidated Boundaries of Cit of Ranch Cordova The Ranch Community Facilities District No. 2021-1, on file with the Clerk, and to establish a special tax applicable to such land as described in Rate, Method of Apportionment, and Manner of Collection of Special Tax for Improvement Area No. 2 (“Improvement Area No. 2 RMA”), which is attached to this Unanimous Approval as Exhibit C.

4. The Landowner hereby requests that the City record a consolidated map of CFD No. 2021-1 that shows the territory to be annexed as Improvement Area No. 2 in substantially the form and substance of the map attached hereto as Exhibit D.

5. The undersigned is legally entitled and authorized to cast the ballot for the Landowner in the landowner, mailed-ballot election to be conducted on April 2, 2024 within Improvement Area No. 2021-1 to determine whether to ratify and confirm the Improvement Area No. 2 RMA.

6. The Landowner hereby consents to the applicability of the Improvement Area No. 2 RMA to land within Improvement Area No. 2.

7. The Landowner hereby requests and provides unanimous approval and consent for the issuance of bonded indebtedness in one or more series secured by special taxes in Improvement Area No. 2 up to a maximum limit of $14,000,000 and the establishment of an appropriations limit applicable to Improvement Area No. 2 of $14,000,000. After the issuance of the final series of bonds for Improvement Area No. 2, any authorized but unissued bonds in Improvement Area No. 2 may be reallocated to other improvement areas which are annexed into the CFD.

8. The undersigned, on behalf of the above-named Landowner, hereby waives each of the following:
a. any and all minimum time periods relative to the public hearing to be held pursuant to the Act and the publication of the notice of hearing pursuant to the Act. b. any and all minimum time periods relative to the landowner-voter election to be held pursuant to the Act to ratify and confirm the Council’s approval of the Improvement Area No. 2 RMA;
c. the preparation and distribution of an impartial analysis of the ballot measure, as well as arguments in favor and against, under the authority of the Act; d. the requirement to publish notice of the election under the Act; e. the requirements regarding the time to mail ballots to the qualified electors under Elections Code Section 4101, and agrees to accept either mailed service or personal service of the ballot;
f. the requirements regarding identification envelopes for the return of mailed ballots contained in the Act;
g. any and all defects in notice or procedure in the process of ordering the Improvement Area No. 2 RMA including but not limited to the public hearing, and conduct ITEM 9.5. ATTACHMENT 4 Exhibit B1 to the Resolution

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of the election, whether known or unknown (other than the right to have ballots accurately counted); and
h. any irregularity in the proceedings that may be claimed as a result of the application of such waivers.

9. The undersigned expressly acknowledges, represents and states that the election is being expedited by the City, pursuant to this Unanimous Approval, at the particular instance and request of the above-named Landowner and this Unanimous Approval shall constitute a ballot and vote in favor of such change as indicated following the below signature of the Landowner and votes as follows by checking a “yes” vote or a “no” vote to the following ballot measure.

BALLOT MEASURE: Shall the measure pursuant to which
(i) City of Rancho Cordova shall incur indebtedness and issue bonds in one or more series up to a maximum of $14,000,000 on behalf of Improvement Area No. 2 of The Ranch
Community Facilities District No. 2021-1 (“CFD”), to acquire and/or construct facilities set forth in the list of authorized facilities for Improvement Area No. 2 attached hereto and pay for the costs of issuing the bonds and related expenses in the list attached hereto; (ii) a special tax shall be levied at rates of $1,845 to $3,224/residential unit (with other property taxed at other rates), subject to annual escalation, through Fiscal Year 2064-65 raising $666,294 in Fiscal Year 2024-25 (assuming full build-out of Improvement Area No. 2), to pay for the principal and interest upon such bonds, to pay the costs of the County in administering Improvement Area No. 2, and to pay for the costs of acquiring and/or constructing said facilities in accordance with the rate and method of apportionment of special taxes for Improvement Area No. 2 attached hereto; and (iii) the annual appropriations limit of the CFD shall initially be $14,000,000, subject to escalation, be adopted? YES
_______
NO
_______
By execution in the space provided below, the undersigned Landowner certifies that such owner has initiated, requested and/or reviewed all the CFD provisions and proceedings leading up to this election, including the list of authorized facilities, the bond indebtedness limit for the CFD, and the Improvement Area No. 2 RMA, which includes the tax rates and duration of the special tax to be placed on the Landowner’s property.

Further, the undersigned, on behalf of the below-named Landowner, hereby knowingly, voluntarily and intelligently waives any and all defects in any notice, ballot, or procedure related to the conduct of the election, whether known or unknown, including any requirements set forth in The Taxpayer Protection and Government Accountability Act, which is a constitutional initiative that has qualified for the November 2024 Statewide ballot (except the right to vote and to have the ballots fairly counted), and states that the election is being expedited at the particular instance and request of the Landowner.

ITEM 9.5. ATTACHMENT 4 Exhibit B1 to the Resolution

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The foregoing Unanimous Approval is true and correct and this Unanimous Approval is executed and vote has been cast as of April 2, 2024, in _________________, California.

K. Hovnanian at Jaeger Ranch, LLC,
a California limited liability company
By:

Name:

Its:

ITEM 9.5. ATTACHMENT 4 Exhibit B1 to the Resolution

EXHIBIT A

IDENTIFICATION OF THE PROPERTY
Property Owner APN
K. Hovnanian at Jaeger Ranch, LLC 067-2410-006
K. Hovnanian at Jaeger Ranch, LLC 067-2410-007
K. Hovnanian at Jaeger Ranch, LLC 067-2410-008
K. Hovnanian at Jaeger Ranch, LLC 067-2410-017
K. Hovnanian at Jaeger Ranch, LLC 067-2420-006
K. Hovnanian at Jaeger Ranch, LLC 067-2420-016
ITEM 9.5. ATTACHMENT 4 Exhibit B1 to the Resolution

1 EXHIBIT B

DESCRIPTION OF FACILITIES TO BE FINANCED BY THE CFD AND EACH

IMPROVEMENT AREA THEREIN

LIST OF FACILITIES
The Facilities shown below are to be financed by the City of Rancho Cordova The Ranch Community Facilities District No. 2021-1 (the, “CFD”) and each improvement area thereof, including Improvement Area No. 2.

Facilities.

The Facilities which are proposed to be financed with the proceeds of the sales of bonds of the proposed CFD, or the payment of the fees to the appropriate jurisdiction with respect to such facilities proposed to be financed with the proceeds of the sale of bonds of the proposed CFD, are generally described as follows:

Roadway Facilities
Including: Pavement, Curb, Gutter, Sidewalks, Joint Trench Utilities, Signals, Street Lights, Stop Signs, General Signage, Local & Regional Drainage, Landscaping & Irrigation (incl. backflow preventers), Soundwalls, Entry Monumentation, and Striping R-1 Chrysanthy Boulevard
R-2 Rancho Cordova Parkway
R-3 North Campus Road
R-2 Any and all major streets, residential collectors and minor residential streets within The Ranch.

Sewer Facilities
S-1 Any and all major Sewer facilities necessary to provide sewer service to The Ranch Water Facilities
W-1 Any and all major Water facilities necessary to provide water service to The Ranch Drainage Facilities
D-1 Detention Basin(s)
D-2 Any and all major Drainage facilities necessary to provide drainage conveyance, detention or water quality treatment for The Ranch
Impact, Development Agreement and Sunridge Specific Plan Area Fees ITEM 9.5. ATTACHMENT 4 Exhibit B1 to the Resolution

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I-1 Transportation Development Impact Fee
I-2 Supplemental Transportation Fee
I-3 Community Facilities Impact Fee
I-4 Park Renovation Fee
1-5 SD Roadway Fee
Engineering Studies, Permitting, Public Facilities Report, Financing Plan E-1 Consultant fees, application fees, processing fees, and document production costs associated with the CFD preparation and processing of Public Facilities Reports, Engineering Studies, CFD Reports, Financing Plans, Environmental Permitting, and Environmental Studies, as well as other costs associated with the District Formation and Bond Sales process.

Other
O-1 Any other facilities serving substantially the same purpose as the above described Facilities.

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

The foregoing description of the type of Facilities eligible to be financed is general in nature and includes any appurtenant work and incidental expenses related to the Facilities. The final nature and location of the facilities will be determined upon the preparation of final plans and specifications for such facilities.

Incidentals
The bond related expenses authorized include the City, underwriters discount, financial advisor, appraisals, reserve fund balance, capitalized interest, bond counsel, disclosure counsel, special tax consultant, bond and official statement printing and all other incidental expenses.

Administrative fees include those of the City, the Community Facilities District, the Bond Trustee, the Special Tax Consultant and the Fiscal Agent, related to the Community Facilities District and the Bonds.

ITEM 9.5. ATTACHMENT 4 Exhibit B1 to the Resolution

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EXHIBIT C

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
FOR IMPROVEMENT AREA NO. 2
[attached]
ITEM 9.5. ATTACHMENT 4 Exhibit B1 to the Resolution

2 EXHIBIT D

CONSOLIDATED BOUNDARY MAP OF
CFD NO. 2021-1
[attached]
ITEM 9.5. ATTACHMENT 4 Exhibit B1 to the Resolution

1 EXHIBIT B-2

CITY OF RANCHO CORDOVA
The Ranch Community Facilities District No. 2021-1
Request and Unanimous Approval for Annexation
and Landowner-Voter Ballot
(Improvement Area No. 3)
City Council of the
City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 95670
Members of the City Council:

Recitals
A. The undersigned is the authorized representative of K. Hovnanian at Jaeger Ranch, LLC, a California limited liability company (the "Landowner"), the owner of the all the parcels listed in Exhibit A, which parcels collectively comprise all the land proposed to be included within Improvement Area No. 3 (described herein) from the Future Annexation Area of “The Ranch Community Facilities District No. 2021-1” ("CFD No. 2021-1" or “CFD”).

B. The Landowner is the sole owner of the fee simple interest in the real property identified in Exhibit A, attached hereto and by this reference incorporated herein (the "Property").

C. Pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act"), the City Council (the “City Council”) of the City of Rancho Cordova adopted its Resolution No. 195-2021 (the "Resolution of Formation") on December 6, 2021, which, among other things:

1. established CFD No. 2021-1 and designated Improvement Area No. 1 (“Improvement Area No. 1”);

2. designated certain real property as a future annexation area (the "Future Annexation Area") to be annexed to CFD No. 2021-1;

3. authorized CFD No. 2021-1 and every current and future improvement area thereto to finance the costs and expenses of certain public facilities and related payments (together, the "Facilities") described in Exhibit B, attached hereto and by this reference incorporated herein; and

4. approved the form of the rate and method of apportionment for Improvement Area No. 1 (the “Improvement Area No. 1 RMA”).

ITEM 9.5. ATTACHMENT 5 Exhibit B2 to the Resolution

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D. The boundaries of the CFD, Improvement Area No. 1 and the Future Annexation Area are shown on a boundary map (the "Boundary Map") that was recorded on November 15, 2021 at 8:11 a.m., in the Office of the Sacramento County Recorder in Book 135 of Maps of Assessment and Community Facilities Districts at Page 36 as Instrument Number 202111150034.

E. Pursuant to the Act, on December 6, 2021, the City Council adopted its Resolution No. 196-2021 (the “Resolution of Necessity”), which sets forth the necessity for the City to issue special tax bonds or other forms of debt obligations for CFD No. 2021-1 in the following amounts:

1. for Improvement Area No. 1, a not-to-exceed principal amount of $20,350,000 (“Improvement Area No. 1 Indebtedness Limit”); and

2. for the portion of CFD No. 2021-1 that is not in Improvement Area No. 1, a not-to-exceed principal amount of $66,120,000 (“Non-Improvement Area No. 1 Indebtedness Limit”), with the actual limit for an improvement area created from annexation of all or part of the Future Annexation Area to be identified and approved in accordance with the Annexation Approval Procedures listed below, and the new improvement area’s limit to be subtracted from the Non-Improvement Area No. 1 Indebtedness Limit.

F. The Resolution of Formation provided that property in the Future Annexation Area may be annexed into CFD No. 2021-1 as its own improvement area (a “Future Improvement Area”) or to an existing improvement area, and that the designation of any territory annexing to CFD No. 2021-1 as a Future Improvement Area, the maximum amount of bonded indebtedness and other debt for such Future Improvement Area, the rate and method of apportionment of special tax for such Future Improvement Area and the appropriations limit for such Future Improvement Area would be identified and approved in a unanimous approval (a “Unanimous Approval”) executed by property owners in connection with an annexation to the CFD in accordance with certain procedures (the “Annexation Approval Procedures”).

G. The Annexation Approval Procedures include procedures where the annexation of territory in the Future Annexation Area as a Future Improvement Area may be implemented and completed without the need for approval of the City Council of the City, as follows (capitalized terms have the meanings given them in the Resolution of Formation):

1. The rate and method of apportionment of special tax for the Future Improvement Area is prepared by a special tax consultant retained by the City.

2. The rate and method of apportionment of special tax for the Future Improvement Area complies with the City's local goals and policies concerning the use of the Act.

3. The rate and method of apportionment of special tax for the Future Improvement Area does not establish a maximum special tax amount for the initial fiscal year in which the special tax may be levied for any category of special tax set forth in the Improvement Area No. 1 RMA that is greater than 120% of the maximum amount of the same or closest category of special tax for the same fiscal year calculated pursuant to the Improvement Area No. 1 RMA.

ITEM 9.5. ATTACHMENT 5 Exhibit B2 to the Resolution

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4. The rate and method of apportionment of special tax for the Future Improvement Area does not introduce a type of special tax that was not included in the Improvement Area No. 1 RMA (e.g., a special tax that is levied and must be paid in a single fiscal year).

5. The rate and method of apportionment of special tax for the Future Improvement Area includes a mechanism that protects against revenue loss as a result of land use changes.

The Resolution of Formation provides that if the Annexation Approval Procedures for annexation of territory in the Future Annexation Area as a Future Improvement Area listed above have been satisfied, the Unanimous Approval shall be deemed accepted by the City and the City Clerk shall record an amendment to the notice of special tax lien or a new notice of special tax lien for the CFD pursuant to Streets & Highways Code Section 3117.5.

H. The Property is part of the Future Annexation Area. The Landowner wishes to annex the Property into CFD No. 2021-1 as a Future Improvement Area. The Landowner believes that all of the Annexation Approval Procedures listed above for annexation of territory that is in the Future Annexation Area into CFD No. 2021-1 as a Future Improvement Area will be met, except for item (3) because the special tax rates in the proposed RMA exceed 120% of the rates in the Improvement Area No. 1 RMA. Thus, the City Council must approve of the new RMA as a condition of annexing the Property into CFD No. 2021-1.

No public hearing is required.

I. By this instrument, the Landowner identifies, specifies and approves the annexation of the Property to CFD No. 2021-1 as Improvement Area No. 3 of CFD No. 2021-1 (“Improvement Area No. 3”) and the other matters included herein, without a public hearing, as authorized by the Act and the Resolution of Formation.

J. The Landowner hereby represents and warrants that, to the best of its knowledge without inquiry, there are no persons resident on the Property that are registered voters.

Approval and Vote
The undersigned representative of the Landowner, on behalf of the entity it represents, hereby petitions, represents, warrants, and certifies to the City as follows:

1. I am familiar with the CFD, the Future Annexation Area and the land therein listed in Exhibit A hereto and proposed to be Improvement Area No. 3 of the CFD.

2. I am familiar with and have personally inspected the land within Improvement Area No. 3, which is undeveloped land, and I have noted that there are no dwellings thereon that might serve as habitation for registered voters. Based on the foregoing, to my actual knowledge, at no time during the 90 days preceding the date hereof were there ever any persons registered to vote within the territory of Improvement Area No. 3.

3. The Council is requested to designate Improvement Area No. 3 within the CFD over land shown on the Annexation Map for the captioned Consolidated Boundaries of Cit of Ranch Cordova The Ranch Community Facilities District No. 2021-1, on file with the Clerk, and ITEM 9.5. ATTACHMENT 5 Exhibit B2 to the Resolution

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to establish a special tax applicable to such land as described in Rate, Method of Apportionment, and Manner of Collection of Special Tax for Improvement Area No. 3 (“Improvement Area No. 3 RMA”), which is attached to this Unanimous Approval as Exhibit C.

4. The Landowner hereby requests that the City record a consolidated map of CFD No. 2021-1 that shows the territory to be annexed as Improvement Area No. 3 in substantially the form and substance of the map attached hereto as Exhibit D.

5. The undersigned is legally entitled and authorized to cast the ballot for the Landowner in the landowner, mailed-ballot election to be conducted on April 2, 2024 within Improvement Area No. 2021-1 to determine whether to ratify and confirm the Improvement Area No. 3 RMA.

6. The Landowner hereby consents to the applicability of the Improvement Area No. 3 RMA to land within Improvement Area No. 3.

7. The Landowner hereby requests and provides unanimous approval and consent for the issuance of bonded indebtedness in one or more series secured by special taxes in Improvement Area No. 3 up to a maximum limit of $16,000,000 and the establishment of an appropriations limit applicable to Improvement Area No. 3 of $16,000,000. After the issuance of the final series of bonds for Improvement Area No. 3, any authorized but unissued bonds in Improvement Area No. 3 may be reallocated to other improvement areas which are annexed into the CFD.

8. The undersigned, on behalf of the above-named Landowner, hereby waives each of the following:
a. any and all minimum time periods relative to the public hearing to be held pursuant to the Act and the publication of the notice of hearing pursuant to the Act. b. any and all minimum time periods relative to the landowner-voter election to be held pursuant to the Act to ratify and confirm the Council’s approval of the Improvement Area No.3 RMA;
c. the preparation and distribution of an impartial analysis of the ballot measure, as well as arguments in favor and against, under the authority of the Act; d. the requirement to publish notice of the election under the Act; e. the requirements regarding the time to mail ballots to the qualified electors under Elections Code Section 4101, and agrees to accept either mailed service or personal service of the ballot;
f. the requirements regarding identification envelopes for the return of mailed ballots contained in the Act;
g. any and all defects in notice or procedure in the process of ordering the Improvement Area No. 3 RMA including but not limited to the public hearing, and conduct of the election, whether known or unknown (other than the right to have ballots accurately counted); and
ITEM 9.5. ATTACHMENT 5 Exhibit B2 to the Resolution

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h. any irregularity in the proceedings that may be claimed as a result of the application of such waivers.

9. The undersigned expressly acknowledges, represents and states that the election is being expedited by the City, pursuant to this waiver and consent, at the particular instance and request of the above-named Landowner and this consent and waiver shall constitute a ballot and vote in favor of such change as indicated following the below signature of the Landowner and votes as follows by checking a “yes” vote or a “no” vote to the following ballot measure.

BALLOT MEASURE: Shall the measure pursuant to which
(i) City of Rancho Cordova shall incur indebtedness and issue bonds in one or more series up to a maximum of $16,000,000 on behalf of Improvement Area No. 3 of The Ranch
Community Facilities District No. 2021-1 (“CFD”), to acquire and/or construct facilities set forth in the list of authorized facilities for Improvement Area No. 3 attached hereto and pay for the costs of issuing the bonds and related expenses in the list attached hereto; (ii) a special tax shall be levied at rates of $2,261 to $3,861/residential unit (with other property taxed at other rates), subject to annual escalation, through Fiscal Year 2064-65 raising $774,079 in Fiscal Year 2024-25 (assuming full build-out of Improvement Area No. 3), to pay for the principal and interest upon such bonds, to pay the costs of the County in administering Improvement Area No. 3, and to pay for the costs of acquiring and/or constructing said facilities in accordance with the rate and method of apportionment of special taxes for Improvement Area No. 3 attached hereto; and (iii) the annual appropriations limit of the CFD shall initially be $16,000,000, subject to escalation, be adopted? YES
_______
NO
_______
By execution in the space provided below, the undersigned Landowner certifies that such owner has initiated, requested and/or reviewed all the CFD provisions and proceedings leading up to this election, including the list of authorized facilities, the bond indebtedness limit for the CFD, and the Improvement Area No. 3 RMA, which includes the tax rates and duration of the special tax to be placed on the Landowner’s property.

Further, the undersigned, on behalf of the below-named Landowner, hereby knowingly, voluntarily and intelligently waives any and all defects in any notice, ballot, or procedure related to the conduct of the election, whether known or unknown, including any requirements set forth in The Taxpayer Protection and Government Accountability Act, which is a constitutional initiative that has qualified for the November 2024 Statewide ballot (except the right to vote and to have the ballots fairly counted), and states that the election is being expedited at the particular instance and request of the Landowner.

ITEM 9.5. ATTACHMENT 5 Exhibit B2 to the Resolution

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The foregoing Unanimous Approval is true and correct and this Unanimous Approval is executed and vote has been cast as of April 2, 2024, in _________________, California.

K. Hovnanian at Jaeger Ranch, LLC,
a California limited liability company
By:

Name:

Its:

ITEM 9.5. ATTACHMENT 5 Exhibit B2 to the Resolution

EXHIBIT A

IDENTIFICATION OF THE PROPERTY
Property Owner APN
K. Hovnanian at Jaeger Ranch, LLC 067-2420-020
K. Hovnanian at Jaeger Ranch, LLC 067-2420-025 (P)
K. Hovnanian at Jaeger Ranch, LLC 067-2420-018
ITEM 9.5. ATTACHMENT 5 Exhibit B2 to the Resolution

EXHIBIT B

EXHIBIT B

DESCRIPTION OF FACILITIES TO BE FINANCED BY THE CFD AND EACH

IMPROVEMENT AREA THEREIN

LIST OF FACILITIES
The Facilities shown below are to be financed by the City of Rancho Cordova The Ranch Community Facilities District No. 2021-1 (the, “CFD”), and each improvement area thereof, including Improvement Area No. 3.

Facilities.

The Facilities which are proposed to be financed with the proceeds of the sales of bonds of the proposed CFD, or the payment of the fees to the appropriate jurisdiction with respect to such facilities proposed to be financed with the proceeds of the sale of bonds of the proposed CFD, are generally described as follows:

Roadway Facilities
Including: Pavement, Curb, Gutter, Sidewalks, Joint Trench Utilities, Signals, Street Lights, Stop Signs, General Signage, Local & Regional Drainage, Landscaping & Irrigation (incl. backflow preventers), Soundwalls, Entry Monumentation, and Striping R-1 Chrysanthy Boulevard
R-2 Rancho Cordova Parkway
R-3 North Campus Road
R-2 Any and all major streets, residential collectors and minor residential streets within The Ranch.

Sewer Facilities
S-1 Any and all major Sewer facilities necessary to provide sewer service to The Ranch Water Facilities
W-1 Any and all major Water facilities necessary to provide water service to The Ranch Drainage Facilities
D-1 Detention Basin(s)
D-2 Any and all major Drainage facilities necessary to provide drainage conveyance, detention or water quality treatment for The Ranch
Impact, Development Agreement and Sunridge Specific Plan Area Fees ITEM 9.5. ATTACHMENT 5 Exhibit B2 to the Resolution

EXHIBIT B

I-1 Transportation Development Impact Fee
I-2 Supplemental Transportation Fee
I-3 Community Facilities Impact Fee
I-4 Park Renovation Fee
1-5 SD Roadway Fee
Engineering Studies, Permitting, Public Facilities Report, Financing Plan E-1 Consultant fees, application fees, processing fees, and document production costs associated with the CFD preparation and processing of Public Facilities Reports, Engineering Studies, CFD Reports, Financing Plans, Environmental Permitting, and Environmental Studies, as well as other costs associated with the District Formation and Bond Sales process.

Other
O-1 Any other facilities serving substantially the same purpose as the above described Facilities.

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

The foregoing description of the type of Facilities eligible to be financed is general in nature and includes any appurtenant work and incidental expenses related to the Facilities. The final nature and location of the facilities will be determined upon the preparation of final plans and specifications for such facilities.

Incidentals
The bond related expenses authorized include the City, underwriters discount, financial advisor, appraisals, reserve fund balance, capitalized interest, bond counsel, disclosure counsel, special tax consultant, bond and official statement printing and all other incidental expenses.

Administrative fees include those of the City, the Community Facilities District, the Bond Trustee, the Special Tax Consultant and the Fiscal Agent, related to the Community Facilities District and the Bonds.

ITEM 9.5. ATTACHMENT 5 Exhibit B2 to the Resolution

EXHIBIT C

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
FOR IMPROVEMENT AREA NO. 3
[attached]
ITEM 9.5. ATTACHMENT 5 Exhibit B2 to the Resolution

2 EXHIBIT D

CONSOLIDATED BOUNDARY MAP OF
CFD NO. 2021-1
[attached]
ITEM 9.5. ATTACHMENT 5 Exhibit B2 to the Resolution

MATHER
GRANT LINE RD.

KIEFER

JACKSON

SUNRISE

DOUGLAS
BLVD.

RD.

BLVD.

ROAD
NTS
BLVD.

RANCHO CORDOVA
PKWY
GRANT LINE RD.

CHRYSANTHY
BLVD.

LEGEND

CONSOLIDATED CFD BOUNDARIES
CFD BOUNDARY (IMPROVEMENT AREA No. 1)

BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760Sacramento, CA 95816 Fax 916.341.7767 CFD BOUNDARY (IMPROVEMENT AREA No. 2)
APN: 067-2670-001 THROUGH 067-2670-081, INCLUSIVEAPN: 067-2630-001 THROUGH 067-2630-072, INCLUSIVE APN: 067-2410-008APN: 067-2420-006
FUTURE

ANNEXATION
AREA

CFD BOUNDARY
(IMPROVEMENT AREA No. 3)
APN: 067-2640-001 THROUGH 067-2640-039, INCLUSIVEAPN: 067-2660-001 THROUGH 067-2660-078, INCLUSIVEAPN: 067-2650-001 THROUGH 067-2650-088, INCLUSIVEAPN: 067-2420-018APN: 067-2420-029

FUTURE ANNEXATION AREA

THIS CONSOLIDATED BOUNDARY MAP REFLECTS THE
ANNEXATION OF CERTAIN PARCELS FROM THE FUTUREANNEXATION AREA INTO (i) IMPROVEMENT AREA NO. 2 OF

THE CITY OF RANCHO CORDOVA THE RANCH COMMUNITY
FACILITIES DISTRICT NO. 2021-1, AND (ii) IMPROVEMENT
AREA NO. 3 OF THE CITY OF RANCHO CORDOVA THE RANCH
COMMUNITY FACILITIES DISTRICT NO. 2021-1. THISCONSOLIDATED BOUNDARY MAP SUPERSEDES THE MAP ENTITLED “PROPOSED BOUNDARIES OF THE CITY OFRANCHO CORDOVA THE RANCH COMMUNITY FACILITIESDISTRICT NO. 2021-1”, WHICH WAS APPROVED BYRESOLUTION AND FILED FOR RECORD ON NOVEMBER 15, 2021 IN THE OFFICE OF THE COUNTY RECORDER OF THECOUNTY OF SACRAMENTO IN BOOK 135 AT PAGE 36 OF THE MAPS OF ASSESSMENT AND COMMUNITY FACILITIESDISTRICTS, AS DOCUMENT NO. 2021-11150034. (1) FILED IN THE OFFICE OF THE CLERK OF THE CITY
CLERK OF THE CITY OF RANCHO CORDOVA,SACRAMENTO COUNTY THIS ____ DAY OF ____________ 2024. ______________________________________________________ CITY CLERK OF THE CITY OF RANCHO CORDOVA (2) I HEREBY CERTIFY THAT THE WITHIN CONSOLIDATED

BOUNDARY MAP FOR THE CITY OF RANCHO

CORDOVA THE RANCH COMMUNITY FACILITIES
DISTRICT NO. 2021-1 WAS APPROVED BY THE CITY

COUNCIL OF THE CITY OF RANCHO CORDOVA,SACRAMENTO COUNTY AT A MEETING THEREOF HELD ON THE ____ DAY OF __________ 2024, BY ITSRESOLUTION No. __________. ______________________________________________________ CITY CLERK OF THE CITY OF RANCHO CORDOVA FILED ON THIS _____ DAY OF __________, 2024, AT THE
HOUR OF _____ O'CLOCK __.M. IN BOOK _____ OF MAPS OF

ASSESSMENT AND COMMUNITY FACILITIES DISTRICT AT
PAGE _____ IN THE OFFICE OF THE ASSESSOR-RECORDER
OF THE COUNTY OF SACRAMENTO, STATE OF CALIFORNIA. ______________________________________________________ COUNTY OF SACRAMENTO RECORDER FUTURE

ANNEXATION
AREA
SHEET 1 OF 1
ITEM 9.5.

ATTACHMENT 6
Exhibit C to the Resolution

MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 9.6.

DATE: April 2, 2024
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Kristine Courdy, Senior Civil Engineer
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2024-43 WITH PACIFIC STATES ENVIRONMENTAL
CONTRACTORS, INC. IN AN AMOUNT NOT TO EXCEED $1,034,565

FOR THE SOIL REMEDIATION PROJECT CONSTRUCTION AT
10153-10179 FOLSOM BOULEVARD

RECOMMENDATION
Adopt the Resolution.

RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute Construction Contract No. 2024-43 in an amount not to exceed $1,034,565 with Pacific States Environmental Contractors, Inc. to complete the Soil Remediation Project Construction at 10153-10179 Folsom Boulevard.

BACKGROUND
The Mills Crossing Project (Project) is a proposed mixed-use development located at 10153- 10179 Folsom Boulevard. The major features of the approved concept plan include community facilities focused on arts, wellness, events, small business incubator and workforce training uses, open space, housing, and parking.

The City of Rancho Cordova received a $3.1 million Equitable Community Revitalization Grant (ECRG) from the State of California Department of Toxic Substances Control (DTSC) to perform site cleanup and soil remediation at the Project site. The site cleanup plan was approved by the Central Valley Regional Water Quality Control Board (RWQCB) and utilized to prepare and successfully receive the DTSC grant funding.

Bids for the soil remediation at the Project site were solicited on the City's website, CIPList.com, and the Sacramento, Placer, and El Dorado county Builders Exchange on February 23, 2024.

Bids for the project were publicly opened on Thursday, March 21, 2024. Eight bids were received and the lowest responsible and responsive bid was $1,034,565 from Pacific States Environmental Contractors, Inc. The contract award is based on the lowest bid, and there are no Project bid alternates.

City Council Staff Report - Page 2 of 2

The Project is expected to be under construction starting in Spring 2024 and completed in Summer 2025.

FISCAL IMPACT AND FUNDING SOURCE
The Project is funded from the awarded $3.1 million ECRG grant which is included in the Mills Crossing Capital Improvement Project Budget.

ATTACHMENT(S)

1. Resolution

2. Soil Remediation Bid Summary

3. Contract No. 2024-43

ITEM 9.6. ATTACHMENT 1
Resolution No. XX-2024 Page 1 of 2

CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2024-43 WITH PACIFIC STATES ENVIRONMENTAL CONTRACTORS, INC. IN AN AMOUNT NOT TO EXCEED $1,034,565 FOR THE SOIL REMEDIATION PROJECT CONSTRUCTION AT 10153-10179 FOLSOM BOULEVARD
WHEREAS, the City of Rancho Cordova was awarded an Equitable Community Revitalization Grant (ECRG) in the amount of $3.1 million from the State of California Department of Toxic Substances Control (DTSC) to perform site cleanup and soil remediation at 10153-10179 Folsom Boulevard; and
WHEREAS, the City solicited bids for the Soil Remediation Project Construction at 10153-10179 Folsom Boulevard under the requirements of the state and local laws and publicly opened bids on March 21, 2024; and
WHEREAS, the lowest responsible bidder was Pacific States Environmental Contractors, Inc.; and
WHEREAS, adoption of this Resolution will award the construction Contract No. 2024-43 to Pacific States Environmental Contractors, Inc. in an amount not to exceed $1,034,565 for the Soil Remediation Project Construction at 10153-10179 Folsom Boulevard; and WHEREAS, funding for this Project will consist of the ECRG grant which is included in the Mills Crossing Capital Improvement Project Budget; and
WHEREAS, the Project was reviewed under the requirements of the California Environmental Quality Act (CEQA), and it has been determined to be exempt from further review pursuant to CEQA Regulation 15304 subsection (f) for trenching and back filling of soil where the ground surface is restored to the original condition.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute construction Contract No. 2024-43 in an amount not to exceed $1,034,565.00 with Pacific States Environmental Contractors, 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 April 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ITEM 9.6. ATTACHMENT 1
Resolution No. XX-2024 Page 2 of 2
ATTEST:

David Sander, Mayor
Stacy Leitner, CMC
City Clerk

ITEM 9.6. ATTACHMENT 2

CONTRACT NO. 2024-43
Revised 10-31-2023
Construction Services Agreement between April 2, 2024
City of Rancho Cordova and Pacific States Environmental Contractors Inc. Page 1 of 7

CONSTRUCTION SERVICES AGREEMENT BETWEEN

THE CITY OF RANCHO CORDOVA AND PACIFIC STATES ENVIRONMENTAL CONTRACTORS INC.

FOR SOIL REMEDIATION AT 10153 – 10175 FOLSOM BOULEVARD PROJECT THIS AGREEMENT made and entered into between the City of Rancho Cordova (“City”) and Pacific States Environmental Contractors Inc. (“Contractor”) as of April 2, 2024 W I T N E S S E T H:

WHEREAS, the City Council for the City heretofore caused plans and specifications for Soil Remediation at 10153-10175 Folsom Boulevard 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 February 23, 2024 on City's Website, CIPList.com, and the Sacramento, Placer, and El Dorado county Builders Exchange (“Notice”); and
WHEREAS, the Contractor, in response to such Notice, submitted to the City Council for the City within the time specified in said Notice, and in the manner provided for therein, a sealed bid for the performance of the Project specified in said plans and specifications, which said bid and proposal, and other bids and proposals submitted in response to said Notice, the City Council opened and canvassed in the manner provided by law; and WHEREAS, the Contractor was the lowest responsible bidder for the performance of said Project, and said City Council for the City as a result of the canvass of said bids, did determine and declare Contractor to be the lowest responsible bidder for said Project and award to a contract therefore.

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

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

Section 2. TERM. The term of this Agreement shall begin on the date first noted above and shall end on December 31, 2024.

Section 3. SCOPE OF WORK. The Contractor will furnish all labor, materials, services, transportation, appliances, and mechanical workmanship required for Contract No. 2024-43, as ITEM 9.6. ATTACHMENT 2

CONTRACT NO. 2024-43
Construction Services Agreement between April 2, 2024
City of Rancho Cordova and Pacific States Environmental Contractors Inc. Page 2 of 7 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 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: one million thirty-four thousand five hundred and sixty five dollars and zero cents ($1,034,565.00). 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 ITEM 9.6. ATTACHMENT 2

CONTRACT NO. 2024-43
Construction Services Agreement between April 2, 2024
City of Rancho Cordova and Pacific States Environmental Contractors Inc. Page 3 of 7 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 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, ITEM 9.6. ATTACHMENT 2

CONTRACT NO. 2024-43
Construction Services Agreement between April 2, 2024
City of Rancho Cordova and Pacific States Environmental Contractors Inc. Page 4 of 7 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 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 ITEM 9.6. ATTACHMENT 2

CONTRACT NO. 2024-43
Construction Services Agreement between April 2, 2024
City of Rancho Cordova and Pacific States Environmental Contractors Inc. Page 5 of 7 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 Kristine Courdy ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

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

Chris Pieri
Pacific States Environmental Contractors Inc.
11555 Dublin Boulevard
Dublin, CA 94568
Any written notice to City shall be sent to: [email protected] Kristine Courdy
City of Rancho Cordova
Department of Public Works
2729 Prospect Park Drive
Rancho Cordova, CA 95670

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

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

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

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

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

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

ITEM 9.6. ATTACHMENT 2

CONTRACT NO. 2024-43
Construction Services Agreement between April 2, 2024
City of Rancho Cordova and Pacific States Environmental Contractors Inc. Page 6 of 7

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.

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 Robert E. McCarrick, President ______
Date Date

Attest:

Stacy Leitner, CMC, City Clerk

Date
Approved as to Form:

Adam U. Lindgren, City Attorney

Date
Last revised June 23, 2022
ITEM 9.6. ATTACHMENT 2

CONTRACT NO. 2024-43
Construction Services Agreement between April 2, 2024
City of Rancho Cordova and Pacific States Environmental Contractors Inc. Page 7 of 7 Exhibit A
See Attached Bid Proposal
ITEM 9.6. ATTACHMENT 2

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January 1, 2024

PACIFIC STATES ENVIRONMENTAL
2/28/2025
1511
http://www.arb.ca.gov/doors/compliance_cert1.html
ITEM 9.6. ATTACHMENT 2

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MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 9.7.

DATE: April 2, 2024
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Kristine Courdy, Senior Civil Engineer
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2024-39 WITH TETRA TECH, INC. IN AN AMOUNT NOT TO EXCEED $738,900.68 TO PROVIDE THE ENVIRONMENTAL

ENGINEERING SERVICES FOR THE SOIL REMEDIATION PROJECT
CONSTRUCTION AT 10153-10179 FOLSOM BOULEVARD

RECOMMENDATION
Adopt the Resolution.

RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute Professional Services Contract No. 2024-39 with Tetra Tech, Inc. in an amount not to exceed $738,900.68 to provide Environmental Engineering Services for the Soil Remediation Project Construction at 10153- 10179 Folsom Boulevard.

BACKGROUND
The Mills Crossing Project Capital Improvement Project is a proposed mixed-use development located at 10153-10179 Folsom Boulevard. The major features of the approved concept plan include community facilities focused on arts, wellness, events, small business incubator and workforce training uses, open space, housing, and parking.

The City of Rancho Cordova received a $3.1 million Equitable Community Revitalization Grant (ECRG) from the State of California Department of Toxic Substances Control (DTSC) to perform site cleanup and soil remediation at the Project site. The site cleanup plan was approved by the Central Valley Regional Water Quality Control Board (RWQCB) and utilized to prepare and successfully receive the DTSC grant funding. The Project requires oversight from an Environmental Engineering team to ensure compliance with the RWQCB approved site cleanup plan.

The grant requires competitive procurement for services performed under ECRG Project. A Request for Proposal (RFP) for the environmental engineering services was advertised on the City's website and CIPList.com on February 5, 2024. The City received proposals from two consulting firms on March 5, 2024. The proposals were evaluated based on an established set of criteria and staff recommends awarding the professional services agreement to the most

City Council Staff Report - Page 2 of 2

qualified firm, Tetra Tech, Inc. and authorizing the City Manager to execute the agreement.

The project is expected to be under construction starting in Spring 2024 and completed in Summer 2025.

FISCAL IMPACT AND FUNDING SOURCE
These services are funded from the awarded $3.1 million ECRG grant which is included in the Mills Crossing Capital Improvement Project Budget.

ATTACHMENT(S)

1. Resolution

2. Contract No. 2024-39

ITEM 9.7. ATTACHMENT 1
Resolution No. XX-2024 Page 1 of 2

CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2024

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

STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2024-39 WITH TETRA TECH, INC. IN AN AMOUNT NOT TO EXCEED $738,900.68 TO

PROVIDE THE ENVIRONMENTAL ENGINEERING SERVICES FOR THE SOIL REMEDIATION PROJECT CONSTRUCTION AT 10153-10179 FOLSOM BOULEVARD WHEREAS, the City of Rancho Cordova was awarded an Equitable Community Revitalization Grant (ECRG) in the amount of $3.1 million from the State of California Department of Toxic Substances Control (DTSC) to perform site cleanup and soil remediation at 10153-10179 Folsom Boulevard; and
WHEREAS, a Request for Proposal (RFP) for a consultant to provide Environmental Engineering for the Soil Remediation Project Construction at 10153-10179 Folsom Boulevard was advertised on the City’s website and CIPList.com on February 5, 2024, and two proposals were received from consultants; and
WHEREAS, the proposals were evaluated based on an established set of criteria and staff recommends awarding the environmental engineering services to the most qualified firm, Tetra Tech, Inc.; and
WHEREAS, the City of Rancho Cordova desires to enter into Contract No. 2024-39 with Tetra Tech, Inc. in an amount not to exceed $738,900.68 for the environmental engineering services for the Soil Remediation Project Construction at 10153-10179 Folsom Boulevard; and WHEREAS, funding for this Project will consist of the ECRG grant which is included in the Mills Crossing Capital Improvement Project Budget.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Professional Services Agreement Contract No. 2024-39 with Tetra Tech, Inc. in an amount not to exceed $738,900.68 to provide environmental engineering services for the Soil Remediation Construction Project at 10153-10179 Folsom Boulevard 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 April 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ITEM 9.7. ATTACHMENT 1
Resolution No. XX-2024 Page 2 of 2
ATTEST:

David Sander, Mayor
Stacy Leitner, CMC
City Clerk

CONTRACT NO.: 2024-39
Revised 10-31-2023
Professional Services Agreement between April 2, 2024
City of Rancho Cordova and Tetra Tech Inc. Page 1 of 15

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF RANCHO CORDOVA AND
TETRA TECH, INC.

THIS AGREEMENT for professional services is made by and between the City of Rancho Cordova, a California municipal corporation (“City”), and Tetra Tech, Inc., a Delaware Corporation (“Professional”) as of April 2, 2024.

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

1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on December 31, 2025 the date of completion specified in Exhibit A.

Professional shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8.

The time provided to Professional to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.

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

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

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

Section 2. COMPENSATION. City hereby agrees to pay Professional a sum not to exceed seven hundred and thirty-eight thousand nine hundred dollars and sixty-eight cents ($738,900.68) notwithstanding any contrary indications that may be contained in Professional’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Professional’s proposal, attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Professional for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to ITEM 9.7. ATTACHMENT 2

CONTRACT NO.: 2024-39
Revised 10-31-2023
Professional Services Agreement between April 2, 2024
City of Rancho Cordova and Tetra Tech Inc. Page 2 of 15 Professional for services rendered pursuant to this Agreement. Professional shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Professional shall not bill City for duplicate services performed by more than one person.

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

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

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

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

2.4 Total Payment. City shall pay for the services to be rendered by Professional pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever ITEM 9.7. ATTACHMENT 2

CONTRACT NO.: 2024-39
Revised 10-31-2023
Professional Services Agreement between April 2, 2024
City of Rancho Cordova and Tetra Tech Inc. Page 3 of 15 incurred by Professional in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

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

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

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

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

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

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

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

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

ITEM 9.7. ATTACHMENT 2

CONTRACT NO.: 2024-39
Revised 10-31-2023
Professional Services Agreement between April 2, 2024
City of Rancho Cordova and Tetra Tech Inc. Page 4 of 15 Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Professional, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Professional and its agents, representatives, employees, and subcontractors.

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

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

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

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

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General requirements. Professional, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00). The commercial general liability and automobile ITEM 9.7. ATTACHMENT 2

CONTRACT NO.: 2024-39
Revised 10-31-2023
Professional Services Agreement between April 2, 2024
City of Rancho Cordova and Tetra Tech Inc. Page 5 of 15 liability insurance shall be per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a commercial general liability insurance or an automobile liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and nonowned automobiles.

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

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Professional, including the insured’s general supervision of Professional; products and completed operations of Professional; premises owned, occupied, or used by Professional; and automobiles owned, leased, or used by the Professional. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of Professional to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

ITEM 9.7. ATTACHMENT 2

CONTRACT NO.: 2024-39
Revised 10-31-2023
Professional Services Agreement between April 2, 2024
City of Rancho Cordova and Tetra Tech Inc. Page 6 of 15 e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.

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

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

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

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

4.4 All Policies Requirements.

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

ITEM 9.7. ATTACHMENT 2

CONTRACT NO.: 2024-39
Revised 10-31-2023
Professional Services Agreement between April 2, 2024
City of Rancho Cordova and Tetra Tech Inc. Page 7 of 15

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

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

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

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

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

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

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

ITEM 9.7. ATTACHMENT 2

CONTRACT NO.: 2024-39
Revised 10-31-2023
Professional Services Agreement between April 2, 2024
City of Rancho Cordova and Tetra Tech Inc. Page 8 of 15  Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
 Order Professional to stop work under this Agreement or withhold any payment that becomes due to Professional hereunder, or both stop work and withhold any payment, until Professional demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement.

Section 5. INDEMNIFICATION AND PROFESSIONAL’S RESPONSIBILITIES.

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

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

ITEM 9.7. ATTACHMENT 2

CONTRACT NO.: 2024-39
Revised 10-31-2023
Professional Services Agreement between April 2, 2024
City of Rancho Cordova and Tetra Tech Inc. Page 9 of 15

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

Section 6. LIMIT OF LIABILITY. Regardless of any other terms herein to the contrary, City agrees that the Professional’s liability to City, including that of the Professional’s directors, officers, employees, agents and subcontractors, for all claims, suits, including, but not limited to, third party claims and suits, arbitrations or other proceedings arising from the performance of the Services under this Agreement, shall in no case exceed the amount of the applicable insurance coverage provided by the Professional under this Agreement, or in the case of breach of warranty/guarantee, the amount paid by City for the Services.

Professional shall not be liable to City, City’s employees, consultants, contractors, subcontractors, agents, or any other third parties for special, incidental, consequential, or penal losses or damages (including but not limited to lost profits and/or loss of use of the project or site that is the subject of this Agreement) under any circumstances.

Section 7. STATUS OF PROFESSIONAL.

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

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

ITEM 9.7. ATTACHMENT 2

CONTRACT NO.: 2024-39
Revised 10-31-2023
Professional Services Agreement between April 2, 2024
City of Rancho Cordova and Tetra Tech Inc. Page 10 of 15

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

Section 8. LEGAL REQUIREMENTS.

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

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

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

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

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

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

ITEM 9.7. ATTACHMENT 2

CONTRACT NO.: 2024-39
Revised 10-31-2023
Professional Services Agreement between April 2, 2024
City of Rancho Cordova and Tetra Tech Inc. Page 11 of 15 Section 9. TERMINATION AND MODIFICATION.

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

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

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

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

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

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

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

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

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

ITEM 9.7. ATTACHMENT 2

CONTRACT NO.: 2024-39
Revised 10-31-2023
Professional Services Agreement between April 2, 2024
City of Rancho Cordova and Tetra Tech Inc. Page 12 of 15

9.6.1 Immediately terminate the Agreement;

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

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

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

Section 10. KEEPING AND STATUS OF RECORDS.

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

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

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

ITEM 9.7. ATTACHMENT 2

CONTRACT NO.: 2024-39
Revised 10-31-2023
Professional Services Agreement between April 2, 2024
City of Rancho Cordova and Tetra Tech Inc. Page 13 of 15 Section 11 MISCELLANEOUS PROVISIONS.

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

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

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

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

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

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

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

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

Professional hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Professional was an employee, agent, appointee, or official of the City in the previous twelve months, Professional warrants that it did not participate in any manner in the forming of this ITEM 9.7. ATTACHMENT 2

CONTRACT NO.: 2024-39
Revised 10-31-2023
Professional Services Agreement between April 2, 2024
City of Rancho Cordova and Tetra Tech Inc. Page 14 of 15 Agreement. Professional understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Professional will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Professional will be required to reimburse the City for any sums paid to the Professional. Professional understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

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

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

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

Betty Li, Senior Environmental Engineer
310 Zinfandel Drive, Suite 200
Rancho Cordova, CA 95670
Email Address (for Insurance Update Requests)
[email protected]
Any written notice to City shall be sent to:

Kristine Courdy
2729 Prospect Park Drive
Rancho Cordova, CA 95670

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

11.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, and the compensation schedule attached hereto and incorporated herein as Exhibit B, represents the entire and integrated agreement between ITEM 9.7. ATTACHMENT 2

CONTRACT NO.: 2024-39
Revised 10-31-2023
Professional Services Agreement between April 2, 2024
City of Rancho Cordova and Tetra Tech Inc. Page 15 of 15 City and Professional and supersedes all prior negotiations, representations, or agreements, either written or oral.

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

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

CITY OF RANCHO CORDOVA PROFESSIONAL

______________________________ ______________________________ Micah Runner, City Manager Benjamin Weink, Vice President and Department Manager
Date: ____________________ Date: ____________________
Attest:
______________________________
Stacy Leitner, CMC, City Clerk
Date: ____________________
Approved as to Form:
______________________________
Adam U. Lindgren, City Attorney
Date: ____________________
ITEM 9.7. ATTACHMENT 2

CONTRACT NO.: 2024-39
Professional Services Agreement between April 2, 2024
City of Rancho Cordova and Tetra Tech, Inc. --Exhibit A Page 1 of 1

EXHIBIT A

SCOPE OF SERVICES
See Attached Scope of Services
ITEM 9.7. ATTACHMENT 2

City of Rancho Cordova RFP for Environmental Engineering Firm Support Soil Remediation & Site Cleanup Plan Implementation at 10153 – 10175 Folsom Blvd Project Tetra Tech Proposal 5 All of our proposed project team members have worked for the City on current and previous tasks associated with the Site as previously discussed. Our proposed project team presented in the section has a thorough understanding about the Site and Project. Highlights of the team’s accomplishments completed to date for the Site are presented below.
• Betty Li, Keith Hoofard, Garrett Kuhl: Coordinated with CVRWQCB (oversight regulatory agency), the City, and the City’s developer, and scoped and implemented soil and soil vapor data gap investigation at the Site in 2021. The investigation moved the regulatory process forward and established the path to case closure. • Betty Li, Keith Hoofard, Garrett Kuhl, Bill Zahniser: Prepared the Site Cleanup Plan in 2022 which outlined additional remediation activities needed for the Site. This plan was approved by the CVRWQCB and used in the City’s application for the DTSC ECRG program.
• Betty Li, Keith Hoofard: Provided engineering costs to implement remediation activities outlined in the Site Cleanup Plan in support of the ECRG application in 2022. The City successfully received a $3.1 million ECRG from DTSC for this Project.
• Fred Charles, Betty Li, Anne Simpson, Keith Hoofard: Completed engineering design activities for the proposed additional remediation activities outlined in the Site Cleanup Plan. A summary of these completed activities is provided below:
o Completed a bench-scale test to evaluate soil oxidant demand. o Completed Proctor compaction tests to evaluate the impact of oxidant addition on soil compaction. o Developed a Stormwater Pollution Prevention Plan (SWPPP) and submitted Notice of Intent to the California Stormwater Multiple Application and Report Tracking System (SMARTS) on behalf of the City.

ITEM 9.7. ATTACHMENT 2

City of Rancho Cordova RFP for Environmental Engineering Firm Support Soil Remediation & Site Cleanup Plan Implementation at 10153 – 10175 Folsom Blvd Project Tetra Tech Proposal 6 o Obtained an air permit exemption from the AQMD for this Project for the soil excavation, stockpiling, and backfill activities.
o Developed a Site Cleanup Plan Addendum in response to the bench-scale test results and obtained CVRWQCB’s approval of the addendum.
o Developed technical specifications and associated plans. • Betty Li, Keith Hoofard, Garrett Kuhl: Currently working with the City to support well abandonments at the Site, in preparation for the remediation activities.

Brief qualification and experience summaries of each team member are presented below. Resumes are included in Appendix B.

Betty Li, PhD, is a senior environmental engineer with 17 years of experience (12 years with Tetra Tech), specializing in California regulations and brownfields redevelopment. She has a strong technical background in environmental investigations, engineering design, construction management, and optimization of remediation systems. Betty is a key project team member for all previous City projects, as well as the similar projects described in this proposal.

Keith Hoofard, is a senior geologist and construction manager with over 31 years of experience (24 years with Tetra Tech). He specializes in environmental investigations, property transaction support and due diligence, and remediation and construction oversight. Mr. Hoofard’s construction oversight and management experience includes soil excavation, SVE systems, passive and active vapor intrusion mitigation systems (VIMS), methane extraction systems, landfill cap closures, and VIMS construction quality assurance (CQA) plan preparation.

Garrett Kuhl, PG is a senior geologist with 15 years of experience (15 years with Tetra Tech) and a licensed professional geologist (#9325) in California. Mr. Kuhl has extensive experience in site investigations, pilot tests, environmental remediation (e.g., soil excavation, SVE), and remediation system operation and maintenance (O&M).

Mr. Kuhl is also experienced in records review/research, data interpretation, and reporting.

Fred Charles, PhD, PE is a senior engineering manager and a registered California Civil Engineer (# C 58853) with over 30 years of experience (11 years with Tetra Tech). Dr. Charles specializes in designing earthwork and stormwater runoff/drainage systems, in addition to his expertise/experience in water, mining, and agriculture projects. Dr. Charles led the engineering design and preparation of the technical specifications and plans for the soil remediation at 10153 – 10175 Folsom Blvd.

Bill Zahniser, PE is a principal remediation engineer with over 26 years of experience in site remediation (11 years with Tetra Tech). Mr. Zahniser routinely provides technical leadership for a variety of industrial clients, on site remediation, and reclamation projects nationwide. Mr. Zahniser has worked on numerous remediation projects for industrial and municipal sites, in particular those challenging cases that require development of remediation strategies.

Mr. Zahniser contributed to the development of the Site Cleanup Plan for the Site.

Anne, Simpson, QSD/QSP, QISP, CPESC, CPSWQ is an environmental scientist and Qualified SWPPP Developer/ Practitioner (QSD/P) and Qualified Industrial SWPPP Practitioner (QISP) with over 20 years of experience (18 years with Tetra Tech) in a variety of water quality-related projects, with a specialty in erosion control and vegetation management. She has performed all requirements of the Small Municipal Separate Storm Sewer Systems (MS4) Permit, Construction General Permit, and Industrial General Permit. Ms. Simpson prepared the City-approved SWPPP for this Site.

Roberto Rolon, CIH, REM is a health and safety expert in remediation process design, investigation, remediation, and construction operations. Mr. Rolon has over 20 years of in-depth experience (12 years with Tetra Tech) related to U.S.

DoD and commercial client Health and Safety (H&S) programs. He writes and reviews H&S plans (HASPs), Accident Prevention Plans (APPs), and site safety and health plans (SSHPs) for government and commercial client contracts with emphasis in Hazardous Waste Operations and Emergency Response (HAZWOPER) related projects.

PROJECT UNDERSTANDING
As the current environmental consultant and design engineer for this project, Tetra Tech has firsthand knowledge of the project requirements and the scope of services:

ITEM 9.7. ATTACHMENT 2

City of Rancho Cordova RFP for Environmental Engineering Firm Support Soil Remediation & Site Cleanup Plan Implementation at 10153 – 10175 Folsom Blvd Project Tetra Tech Proposal 7 • Groundwater and soil vapor remediation has been conducted at the Site previously. The additional remediation required in this Project is driven by PCE concentrations in soil vapor, not soil. The PCE concentrations in soil vapor exceeded the San Francisco Bay Regional Water Quality Control Board (RWQCB) environmental screening levels (ESLs) for vapor intrusion risk (adopted by CVRWQCB for the Site) and prevent unmitigated future redevelopment of the Site for future residential and commercial uses. The PCE concentrations in soil were more than 10 times lower than the residential ESL for direct exposure human health risk screening and therefore is not a risk driver. • Soil excavation, stockpiling, and backfill was selected as a remedial component in the Site Cleanup Plan because it is faster in releasing soil vapor from the subsurface than the commonly used SVE technology. This more aggressive approach better fits the City’s schedule for redevelopment, and the ECRG requirement of completing all work in two years.
• After soils are excavated and stockpiled, it is critical to test the soils to determine whether any treatment is needed to further release PCE within soil pores and/or adsorbed to soil particles in accordance with the Site Cleanup Plan Addendum. Soil-soil vapor partitioning calculation results suggest that even at concentrations 10 times lower than the residential ESL, PCE in soil could still “off gas” significantly to soil vapor. • The “hot spot” for PCE in soil vapor (and soil) is at the northwest corner of the Site, possibly along the existing sewer line section. PCE could be released through the sewer line via waste discharge from the former dry cleaner. In addition, this sewer line was used to discharge extracted groundwater from the prior groundwater remediation activities. The extracted groundwater was not treated before discharging to the sewer line due to PCE concentrations being lower than the Sacramento Regional County Sanitation District discharge limit at that time. The PCE concentration in the extracted water was reported at 120 microgram per liter (µg/L). PCE could be released along the sewer line if there is a leak.

As such, the Site Cleanup Plan divides the impacted area into the “Former Dry Cleaner and Sewer Line Area” and the “Former Parking Lot Area” (Section 3.0 of the Site Cleanup Plan). The “Former Dry Cleaner and Sewer Line Area” is the potential source area with detectable residual PCE in soil and the sewer line, where the more aggressive soil excavation, stockpiling, and backfill approach will be used. The “Former Parking Lot Area” is the area impacted by PCE in soil vapor, likely from soil vapor plume migration from the “Former Dry Cleaner and Sewer Line Area”.

Following soil excavation, stockpiling, and backfill, SVE will be conducted in the “Former Dry Cleaner and Sewer Line Area” to treat soil and soil vapor at depths deeper than the bottom depth of soil excavation (i.e., 15 feet below ground surface [bgs], as required by CVRWQCB). SVE will also be conducted in the “Former Parking Lot Area” to reduce PCE concentrations in soil vapor. SVE will be conducted using a SVE well network denser than what’s required by vacuum radius of influence to expedite pore volume flushing for an expedited remediation schedule.

Based on Tetra Tech’s understanding of the Site conditions, scope of services, and CVRWQCB’s requirements reflected in the Site Cleanup Plan and Site Cleanup Plan Addendum, this Project includes the following main steps:

1. Step 1: Soil Remediation (Former Dry Cleaner and Serwer Line Area): Soil excavation from an approximate

1.1-acre area to a target depth of 15 feet bgs, onsite soil stockpiling and testing, potential onsite soil treatment or offsite disposal, and backfilling using either stockpiled/treated soil or clean import fill. The excavated soil will be stockpiled at the Site as shown in the 90% Plans and may require onsite soil treatment, depending on stockpile soil sampling results, in accordance with the Site Cleanup Plan Addendum. The City will procure a general engineering contractor to implement the engineering design Tetra Tech completed for this step. The selected environmental engineering firm from this RFP process will oversee and support the City’s general engineering contractor to implement this step to meet the requirements of the CVRQWCB / Site Cleanup Plan and Site Cleanup Plan Addendum, the City, and other relevant agencies (e.g., OSHA/Cal/OSHA, the AQMD, and SWRCB). The scope of services for the selected environmental engineering firm is detailed in “Project Scope of Services” section.

The City selected general engineering contractor and the environmental engineering firm will collectively complete the following phases for this step:
a. Phase 1 - Site Preparation. This phase includes but not limited to: preparation of a HASP and a Perimeter Air and Dust Monitoring Plan; permitting; equipment mobilization, utility coordination, disconnect, and capping; temporary facilities and tree protection installation; stormwater best management practices (BMPs) installation in accordance with a City-approved SWPPP and Construction Stormwater General ITEM 9.7. ATTACHMENT 2