Rancho Cordova City Council
October 7, 2024

CITY OF RANCHO CORDOVA

CITY COUNCIL MEETING
Monday, October 7, 2024
4:30 PM PST – Special Meeting/Closed Session
5:30 PM PST – Regular Meeting
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive
Rancho Cordova, CA 95670
Hampton Inn & Suites Rapid City Rushmore - Lobby
825 Eglin Street Building A
Rapid City, SD 57701
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 Monday, October 7, 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 Monday, October 7, 2024, at 2:00 p.m.

Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Monday, October 7, 2024

AGENDA

1. SPECIAL MEETING - CALL TO ORDER/ROLL CALL

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

2. PUBLIC COMMENT

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

3. ADJOURN TO CLOSED SESSION

Mayor Sander will adjourn the meeting to closed session.

4. CLOSED SESSION - CALL TO ORDER/ROLL CALL

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

5. CLOSED SESSION ITEM

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

5.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to Government Code Section 54956.8: Property: 2875 Kilgore Road, Rancho Cordova APN: 072-0490-024-0000.

City Negotiators: Micah Runner, City Manager, and Adam U. Lindgren, City Attorney. Under Negotiation: Price and Terms of Payment.

6. ADJOURN TO REGULAR MEETING

Mayor Sander will adjourn closed session to the regular meeting in the David B. Roberts Council Chambers.

7. REGULAR MEETING - CALL TO ORDER/ROLL CALL

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

8. METRO CABLE TV TELEVISION ANNOUNCEMENT

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

9. PLEDGE OF ALLEGIANCE

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

10. INVOCATION

There will be a moment of silence in lieu of the invocation.

11. PRESENTATIONS

11.1. Celebration of the Cordova High Lancers Football Team’s 400th Win.

Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Monday, October 7, 2024

11.2. Presentation of Proclamations in Recognition of Manufacturing Month.

11.3. Sacramento Area Bicycle Advocates Presentation.

12. 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.

13. COUNCIL REPORTS

14. CITY MANAGER'S REPORT

15. CONSENT CALENDAR ITEMS - ROLL CALL VOTE

15.1. Subject: Meeting Minutes from the Regular City Council Meeting of September 16, 2024, and the Special Meeting of September 24, 2024.

Recommendation: Adopt the minutes.

15.2. Subject: Second Reading of an Ordinance of the City Council of the City of Rancho Cordova, State of California, Amending Title 23, Zoning Code, Article 9 Specific Use Provisions of the City of Rancho Cordova Municipal Code.

Recommendation: Waive the second reading and adopt the Ordinance.

15.3. Subject: Second Reading of an Ordinance of the City Council of the City of Rancho Cordova, State of California, Repealing Sections 9.85.010-9.85.060 "Protection of Critical Infrastructure and Wildfire Risk Areas," and Adding Sections 9.85.010-9.85.070, to Title 9. Chapter 9.85 of the Rancho Cordova Municipal Code "Camping."
Recommendation: Waive the second reading and adopt the Ordinance.

15.4. Subject: A Resolution Authorizing an Application for the California Department of Housing and Community Development Prohousing Incentive Pilot (PIP) Program Round 3.

Recommendation: Adopt the Resolution.

15.5. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2024-216 with 50 Corridor Transportation Management Association in an Amount not to Exceed $1,000,000 for Community-Based Travel Planning Programming.

Recommendation: Adopt the Resolution.

15.6. Subject: A Resolution Declaring the Results of the Mail Ballot Election Relating to the Imposition of the Annual Stormwater Utility Fee (SWUII w LID) on The Preserve Project in the City of Rancho Cordova.

Recommendation: Adopt the Resolution declaring the results of the mail ballot election relating to the imposition of the annual Stormwater Utility Fee (SWUII w LID) on the Preserve

Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Monday, October 7, 2024

project.

15.7. Subject: A Resolution Declaring the Results of the Mail Ballot Election for Rancho Cordova Transit-Related Services Special Tax Area Zone 34 for The Preserve Project.

Recommendation: Adopt the Resolution.

15.8. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2024-218 with Sacramento Regional Transit District in an Amount not to Exceed $212,344 for Light Rail Station Cleaning and Maintenance Services.

Recommendation: Adopt the Resolution.

15.9. Subject: A Resolution Authorizing the City Council to Approve the Third Amendment to the Sacramento Central Groundwater Authority Joint Powers Agreement.

Recommendation: Adopt the Resolution.

16. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE

16.1. Subject: Resolutions Approving the Measure A Nexus Study, Approving the Amended Agreement on Operational Protocols and an Ordinance Amending Chapter 16.85 of the Rancho Cordova Municipal Code.

Recommendation: It is recommended that the Council approve and adopt the following:

1. Adopt the Resolution approving the 2024 Sacramento Countywide Transportation Mitigation Fee Program Nexus Study (2024 SCTMFP Nexus Study).

2. Adopt the Resolution approving the Amended Agreement on Operating Protocols for the Sacramento Countywide Transportation Mitigation Fee Program.

3. Waive first reading and introduce the Ordinance Amending Chapter 16.85 of the Rancho Cordova Municipal Code (Establishment of Development Impact Fees Measure A Transportation Improvements).

17. PUBLIC HEARING ITEMS

18. REGULAR CALENDAR ITEMS

18.1. Subject: Update from Atlas Disposal on Implementation of Residential Solid Waste Collection and Street Sweeping Contract Beginning January 1, 2025.

Recommendation: Receive the presentation from Atlas Disposal.

18.2. Subject: A Resolution to Approve Joining the Sacramento Placerville Transportation Corridor Joint Powers Authority (SPTC-JPA) as a Member Agency of the SPTC-JPA and the Continuing Funding Agreement.

Recommendation: Consider and adopt the Resolution to approve joining the Sacramento Placerville Transportation Corridor Joint Powers Authority (SPTC-JPA) as a member agency and the continuing funding agreement of $27,500 annually. It is anticipated from SPTC costs will rise to $40,000 annually at the beginning of the next fiscal year.

18.3. Subject: Animal Services Update.

Recommendation: Receive information.

19. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Monday, October 7, 2024

20. ADJOURNMENT

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

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

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

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

UPCOMING MEETINGS
October 21, 2024 5:30 PM Regular Meeting
October 29, 2024 5:30 PM Special Meeting/Work Session
November 4, 2024 4:00 PM Special Meeting/5:30 PM Regular Meeting November 18, 2024 5:30 PM Regular Meeting
November 26, 2024 5:30 PM Special Meeting/Work Session
December 2, 2024 4:00 PM Special Meeting/5:30 PM Regular Meeting December 16, 2024 5:30 PM Regular Meeting
If you have any technical questions related to the agenda items, please contact City Hall at (916) 851- 8700.

The Rancho Cordova City Council meeting will be videotaped in its entirety and will be cablecast without interruption on Metro Cable 14, the Government Affairs Channel on the Comcast and Direct TV 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
Special and Regular Meeting of Monday, October 7, 2024

CERTIFICATION OF POSTING OF AGENDA
I, Persephonie Riley, Assistant City Clerk for the City of Rancho Cordova, declare that the foregoing agenda for the October 7, 2024, Regular Meeting of the Rancho Cordova City Council was posted and available for review on October 3, 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 October 3, 2024, at Rancho Cordova, California.

Persephonie Riley, CMC
Assistant City Clerk

ITEM 15.1. ATTACHMENT 1

CITY OF RANCHO CORDOVA

CITY COUNCIL MEETING
Monday, September 16, 2024
5:30 PM – Regular Meeting
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova
Hilton Branson Convention Center - Lobby
200 E Main St, Branson, MO 65616

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 5:34 p.m.

Council Members Present: Linda Budge, Garrett Gatewood (arrived at 6:23 p.m.), Siri Pulipati, Donald Terry, and Mayor David Sander (attended via teleconference) Council Members Absent: None
Staff Members Present: Haley Arata, Stacy Leitner, Adam Lindgren, and Micah Runner

2. METRO CABLE TV TELEVISION ANNOUNCEMENT

The City Clerk read the meetings recordings and playback schedule.

3. PLEDGE OF ALLEGIANCE

Vice Mayor Siri Pulipati led the pledge.

4. INVOCATION

Julie Steinbach with the United Methodist Church gave the invocation.

5. PRESENTATIONS

5.1. New Employee Introductions: Sam McKain, Animal Services Technician by April Stevenson, Management Analyst, and Elizabeth Hall, Administrative Assistant by Katrina Colvig, Administrative Assistant II.

ITEM 15.1. ATTACHMENT 1
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, September 16, 2024

6. PUBLIC COMMENT

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

1. Sarah Alzanoon

2. Fauziya Faruk

3. Helen Whelan

4. Haroon Rasheed

5. Rehan

6. Khalil Shinwary

7. Jumainah Ali

8. Abdul Aleem Mohammed

9. Fayzah Mughal
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.

ACTION: Motion to approve item 9.1 and 9.2 by Terry second by Budge; Motion passed with a 5:0 vote.

9.1. Subject: Meeting Minutes from the Regular City Council Meeting of September 3, 2024.

Recommendation: Adopt the minutes.

9.2. Subject: Biennial Notice of Intention to Review and Amend the Conflict of Interest Code for the City of Rancho Cordova.

Recommendation: Receive Biennial Notice of Intention to Review and Amend the Conflict of Interest Code for the City of Rancho Cordova.

10. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE

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

ACTION: Motion to approve item 10.1 by Terry second by Budge; Motion passed with a 5:0 vote.

10.1. Subject: An Ordinance of the City Council of the City of Rancho Cordova, State of California, Amending Title 23, Zoning Code, Article 9 Specific Use Provisions of the City of Rancho Cordova Municipal Code.

Recommendation: Waive the first reading and introduce the Ordinance.

11. PUBLIC HEARING ITEMS

None.

12. REGULAR CALENDAR ITEMS

ITEM 15.1. ATTACHMENT 1
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, September 16, 2024

12.1. Subject: An Ordinance of the City Council of the City of Rancho Cordova, State of California, Repealing Sections 9.85.010-9.85.060 "Protection of Critical Infrastructure and Wildfire Risk Areas," and Adding Sections 9.85.010-9.85.070, to Title 9. Chapter

9.85 of the Rancho Cordova Municipal Code "Camping."
Recommendation: Waive the first reading and introduce the Ordinance.

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

1. James Garcia

2. Helen Whelan Bashaw

3. Angel Ball

4. Jim Garcia
Mayor Sander closed the public comment period.

ACTION: Motion to approve item 12.1 with the update to Section 9.85.040 permitted camping by Terry second by Gatewood;
Motion passed with a 5:0 vote.

13. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

None.

14. ADJOURNMENT

Mayor Sander adjourned the meeting in memory of Illa Collin at 7:01 p.m. ___________________
Stacy Leitner, CMC
City Clerk

ITEM 15.1. ATTACHMENT 2

CITY OF RANCHO CORDOVA

CITY COUNCIL MEETING
Tuesday, September 24, 2024
5:30 PM – Special Meeting
American River Room
City Hall
2729 Prospect Park Drive, Rancho Cordova
Hampton Inn Billings
5110 Southgate Drive, Billings, MT 59101

DRAFT MINUTES

1. SPECIAL MEETING - CALL TO ORDER/ROLL CALL

Mayor Sander called the Special meeting to order in the American River Room at 5:34 p.m.

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

2. PUBLIC COMMENT

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

3. SPECIAL MEETING

3.1. Subject: Discussion and Potential Direction for Zoning Code Updates for Mobile Food Vendors.

Recommendation: Receive information and provide direction.

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

ITEM 15.1. ATTACHMENT 2
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Tuesday, September 24, 2024

1. Felix Villaseor

2. Janine Anderson

3. Eduardo Villeda

4. Maurice Anderson

5. Javier Lopez
Mayor Sander closed the public comment period.

ACTION: Input was received regarding Zoning Code Updates for Mobile Food Vendors.

4. ADJOURNMENT

Mayor Sander adjourned the meeting at 6:51 p.m.
_____________________
Stacy Leitner, CMC
City Clerk

MEMORANDUM

City Council Staff Report - Page 1 of 1

ITEM 15.2.

DATE: October 7, 2024

TO: Honorable Mayor and Council Members

FROM: Chance FinleyRoss, Assistant Planner

SUBJECT: SECOND READING OF AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA,
AMENDING TITLE 23, ZONING CODE, ARTICLE 9 SPECIFIC USE

PROVISIONS OF THE CITY OF RANCHO CORDOVA MUNICIPAL
CODE

RECOMMENDATION

Waive the second reading and adopt the Ordinance.

RESULT OF RECOMMENDED ACTION

Adoption of the Ordinance would amend Title 23 Zoning Code, Article 9 Specific Use Provisions, Section 23.901.060 accessory dwelling units, as further described in Attachment 2 of this staff report.

BACKGROUND

On September 16, 2024, the City Council waived the first reading and passed to a second reading of the Ordinance.

FISCAL IMPACT AND FUNDING SOURCE

There is no fiscal impact.

ATTACHMENT(S)

1. Ordinance

2. Exhibit A to the Ordinance

ITEM 15.2. ATTACHMENT 1
Ordinance No. XX-2024 Page 1 of 3

CITY OF RANCHO CORDOVA
ORDINANCE NO. XX-2024

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA AMENDING TITLE 23, ZONING CODE, ARTICLE 9 SPECIFIC USE

PROVISIONS OF THE CITY OF RANCHO CORDOVA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA DOES ORDAIN AS FOLLOWS:

Section 1. Purpose and Declarations.

WHEREAS, the City conducts periodic updates of the provisions of the Rancho Cordova Municipal Code (RCMC) to ensure compliance with current laws, changes in local policy, consistency with adopted plans and programs, clarify ambiguities, address changing market conditions, reflect best practices, and to address issues or concerns with current regulations; and
WHEREAS, Title 23 Chapter 23.901 Residential Uses Section 23.901.060 Accessory Dwelling Units of the Municipal Code, sets forth provisions for Accessory Dwelling Units; and
WHEREAS, The Ordinance would amend Section 23.901.060 to make the accessory dwelling unit provisions consistent with State law and to make minor grammatical and structural changes for improved clarity; and WHEREAS, on September 16, 2024, the City Council held a properly noticed public hearing for this Ordinance and considered all oral and written testimony.

Section 2: Findings. This Ordinance is adopted pursuant to the following findings:

A.CEQA Compliance. CEQA requires analysis of agency approvals of discretionary “projects.” A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” (CEQA Guidelines, § 15378.) As reflected in State CEQA Guideline 15061 (b) (3), an activity is not subject to CEQA, “[where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment…” The proposed amendments are not a “project” within the meaning of CEQA because the amendments seek to provide clarification of uses, standards and/or enforcement procedures, address inconsistencies between definitions, delete text that is no longer necessary. Because no expansion of uses or activities is reasonably anticipated, no possibility exists that the Ordinance will result in a significant effect on the environment. Thus, the proposed Ordinance is not subject to the requirements of CEQA. However, in the event that adoption of the Ordinance is considered a CEQA project, it would nonetheless qualify for categorical exemptions as set forth below.

CEQA Guidelines Section 15061(b)(3) states that a project is exempt from CEQA “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The approval of the code amendments set

ITEM 15.2. ATTACHMENT 1
Ordinance No. XX-2024 Page 2 of 3 forth in the proposed Ordinance does not approve any physical development and it would not result in direct or indirect physical changes in the environment. Any specific development projects that may result from these changes will be subject to environmental review. The proposed amendments are consistent with the City’s General Plan. For these reasons, the proposed amendments would not have the potential to result in individually or cumulatively significant effects on the environment and these Zoning Code amendments are exempt from review under CEQA and no further environmental review is necessary.

B.The proposed amendment is consistent with the General Plan. The attached Zoning Code Amendments (“Amendment”) are consistent with the General Plan. The amendments would address inconsistencies, delete text that are no longer necessary, and provide clarifying language for implementation.

C.The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The amendments would address inconsistencies, delete text that is no longer necessary, and provide clarifying language for implementation. None of these proposed amendments will be detrimental to the public interest, health, safety, convenience, or welfare of the City.

D. The proposed amendments are internally consistent with other applicable provisions in this Zoning Code. The Amendments have been reviewed for consistency with the entirety of the Zoning Code and are consistent with other applicable provisions of the Zoning Code.

Section 3.Amendments to Title 23 Zoning Code
The City Council hereby adopts the amendments to Title 23 Zoning Code of the Rancho Cordova Municipal Code, as shown and incorporated in Exhibit A to this Ordinance.

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

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

ITEM 15.2. ATTACHMENT 1
Ordinance No. XX-2024 Page 3 of 3 PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 7th day of October 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
David Sander, Mayor
ATTEST:

Stacy Leitner, CMC
City Clerk

Rancho Cordova
Municipal Code
Amendments
ITEM 15.2.

ATTACHMENT 2
Exhibit A to the Ordinance

Note to Reader: Only those sections and/or subsections listed within this document are being amended. Unless otherwise indicated, all sections and subsections prior to and after the amended section and/or subsection shall remain, unchanged.

23.901.060 Accessory dwelling units.

A. Purpose and Intent. This section establishes regulations and a ministerial review process for accessory dwelling units. Accessory dwelling units are intended to expand housing opportunities for low-income and moderate-income or elderly households by increasing the number of rental units available within existing neighborhoods while maintaining the architectural character of the area.

B. Applicability. This section applies to all accessory dwelling units, including junior accessory dwelling units, as defined.

C. Where Permitted. Accessory dwelling units are permitted by right in any zoning district which permits single- family or multifamily homes.

D. Relationship to General Plan and Zoning.

1. Any accessory dwelling unit which conforms with the requirements of this chapter shall be deemed to be consistent with the General Plan designation and zoning for the parcel, regardless of any limitations on residential density imposed by the General Plan or zoning.

2. Accessory dwelling units shall not be counted when determining residential density for conformance with General Plan or zoning.

E. Permits and Approval.

1. Ministerial Action. Approval or denial of an accessory dwelling unit or junior accessory dwelling unit is a ministerial action and subject to compliance with the standards in this section.

2. Building Permit. All accessory dwelling units or junior accessory dwelling units shall require a building permit, subject to all the standard application and processing fees and procedures that apply to building permits generally. No other separate planning-related permit is required.

3. Issuance of Permit. The city shall issue a building permit for an accessory dwelling unit within 60 calendar days from the date on which the city received a completed submittal package application, unless either:
a. The applicant requests a delay, in which case the 60-day time period is put on hold for the period of the requested delay; or
b. The application to create an accessory dwelling unit or junior accessory dwelling unit is submitted with an application to create a new single-family or new multifamily dwelling on the parcel. The city may delay acting on the permit application for the accessory dwelling unit or junior accessory dwelling unit until the city acts on the permit application to create the new single-family or new multifamily dwelling on the parcel.

F. Definitions. The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows:

ITEM 15.2.

ATTACHMENT 2
Exhibit A to the Ordinance

1. “Accessory dwelling unit or ADU means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation and shall be constructed on the same parcel as the single-family or multifamily dwelling unit that is the primary dwelling unit or will be situated. An accessory dwelling unit also includes the following: (a) an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, and (b) a manufactured home, as defined in Section 18007 of the Health and Safety Code. This definition shall be interpreted as consistent with and including the definition of accessory dwelling unit found in Government Code Section 66313.

2. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same parcel. This definition shall be interpreted as consistent with and including the definition of accessory structure found in Government Code Section 66313.

3. “Car share” means a program that allows customers hourly access to shared vehicles from a dedicated home location, with the vehicles required to be returned to that same location at the end of the trip.

4. “Efficiency kitchen” means a cooking facility that includes all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

5. Efficiency Unit. As defined in Section 17958.1 of the Health and Safety Code.

6. Junior Accessory Dwelling Unit or JADU. A “junior accessory dwelling unit” means a unit that is contained entirely within a single-unit primary dwelling. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the primary dwelling. This definition shall be interpreted as consistent with and including the definition of junior accessory dwelling unit found in Government Code Section 66313.

7. “Living area” means the interior habitable area of a dwelling unit including basements and attics, but does not include a garage or any accessory structure. This definition shall be interpreted as consistent with and including the definition of living area found in Government Code Section 66313.

8. “Passageway” means a pathway that is unobstructed, clear to the sky and extends from a street or alley to one entrance of the accessory dwelling unit. This definition shall be interpreted as consistent with and including the definition of passageway found in Government Code Section 66313.

9. “Primary dwelling” means an existing or proposed residential structure on a lot with an accessory dwelling unit.

10. “Public transit” means a location, including but not limited to a bus stop or train station, where the public may access buses, trains, subway, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

11. Single-Unit and Multi-Unit. “Single-unit” means the same as a single-family dwelling and “multi-unit” means multifamily dwellings with two or more units.

12. “Tandem parking” means two or more automobiles parked on a driveway or in any other location on a parcel, lined up behind one another.

ITEM 15.2.

ATTACHMENT 2
Exhibit A to the Ordinance

G. Types of Accessory Dwelling Units. The following are the types of accessory dwelling units:

1. Accessory dwelling unit, attached and detached, as defined below. a. Attached. An accessory dwelling unit that is attached to an existing or proposed primary dwelling, such as through a shared wall, floor, or ceiling, including attached garages, storage areas or similar uses, or within an accessory structure. An attached accessory dwelling unit can be created by converting a portion of an existing primary dwelling, by constructing a new primary dwelling with an integral accessory dwelling unit, or by constructing an addition to an existing primary dwelling. b. Detached. An accessory dwelling unit that is physically detached or separated from the primary dwelling. Detached includes a second-story addition above an existing detached structure. A detached accessory dwelling unit can be new construction or the conversion or expansion of an existing structure.

2. Junior Accessory Dwelling Unit. An attached accessory dwelling unit is a unit that meets specific criteria as specified below.
a. Maximum of 500 square feet in size.
b. Contained entirely within a single-unit primary dwelling. c. Has a separate entrance from the main entrance to the primary dwelling. d. Has a bathroom that is either in the junior ADU or in the primary dwelling. e. Includes an efficiency kitchen.

H. Number of Accessory Dwelling Units or Junior Accessory Dwelling Units per Lot or Parcel in Zones Which Allow Single-Family Homes. The following number of accessory dwelling units apply in all zoning districts that allow single-family homes as a permitted use:

1. One attached or detached accessory dwelling unit shall be allowed on a parcel with a primary dwelling unit.

2. One junior accessory dwelling unit shall be allowed on a parcel with a primary dwelling.

3. Up to one attached or detached accessory dwelling unit and one junior accessory dwelling unit shall be allowed on a single parcel.

I. Type and Number of Accessory Dwelling Units per Lot with an Existing Multifamily Home. The following apply to accessory dwelling units in all zoning districts that allow multifamily homes as a permitted use:

1. Accessory Dwelling Units.
a. At least one ADU or up to 25 percent of the existing multifamily units shall be allowed within an existing multifamily dwelling.
b. Accessory dwelling units in a multifamily development may be created only through the conversion of parts of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages.

ITEM 15.2.

ATTACHMENT 2
Exhibit A to the Ordinance

2. Detached Accessory Dwelling Units.
a. Up to two detached accessory dwelling units shall be allowed on a parcel with existing multifamily structures, subject to compliance with the development standards for detached accessory dwelling units in this chapter.
b. If the existing multifamily dwelling has a rear or side setback of less than four feet, no modification of the existing multifamily dwelling shall be required as a condition of approving the application to construct an accessory dwelling unit.

J. Development Standards for Attached and Detached Accessory Dwelling Units. The following standards apply to accessory dwelling units:

1. Attached Accessory Dwelling Units.
a. Location. Attached accessory dwelling units shall be located on the same lot or parcel as an existing or proposed primary dwelling unit and be attached to the primary dwelling unit by at least one wall or by a ceiling (above or below the primary dwelling unit) on a lot that is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling. b. Size. The total floor area of an attached accessory dwelling unit shall not exceed 850 square feet for a one-bedroom unit or 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. These limits do not include up to 150 square feet of area added to the primary dwelling for the sole purpose of providing ingress and egress to the accessory dwelling unit.
c. Setbacks.
i. Front yard setback: Per the zoning district standard for the primary dwelling. ii. Side yard: Four feet.
iii. Rear yard: Four feet.
iv. No setback shall be required for an existing living area or accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit. d. Height. 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower. This height requirement shall not require the city to allow an accessory dwelling unit to exceed two stories
e. Access. An attached accessory dwelling unit shall have direct exterior access separate from the main entrance to the primary dwelling.
f. Design. Accessory dwelling units shall be compatible with the architectural style, materials, and colors of the primary dwelling unit.
g. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

ITEM 15.2.

ATTACHMENT 2
Exhibit A to the Ordinance

h. Fire Sprinklers. An attached accessory dwelling unit shall not be required to provide fire sprinklers if they are not required for the primary dwelling.
i. Landscape. Landscaped areas within setbacks shall meet the requirements of this code. j. Before permit issuance, the city shall be provided with a copy of the recorded deed restriction, which shall run with the land, using the city’s form.
k. No provisions within this section, including lot coverage or legal nonconformity, shall preclude an attached minimum 800-square-foot accessory dwelling unit that is at least 16 feet in height with four- foot side yard and rear yard setbacks, and that is constructed in compliance with all other development standards.

2. Detached Accessory Dwelling Unit Development Standards. a. Location. Detached accessory dwelling units shall be located on the same lot or parcel as an existing or proposed primary dwelling on a lot that is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling. b. Size. A detached accessory dwelling unit shall not exceed 850 square feet for a one-bedroom unit or 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. c. Setbacks.
i. Front yard setback: Per the zoning district standard for the primary dwelling. ii. Side yard: Four feet.
iii. Rear yard: Four feet.
c. Height. The maximum height of a detached accessory dwelling unit shall be:
i. 16 feet for new structures built specifically as an accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit. Existing structures taller than 16 feet can be converted to an accessory dwelling unit consistent with the requirements of this chapter.
ii. 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor. iii. 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
e. Design. Detached accessory dwelling units shall be compatible with the architectural style, materials, and colors of the primary dwelling unit.
f. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
g. Fire Sprinklers. An attached accessory dwelling unit shall not be required to provide fire sprinklers if they are not required for the primary dwelling.
h. Landscape. All setback areas shall be landscaped as required by this code.

ITEM 15.2.

ATTACHMENT 2
Exhibit A to the Ordinance

i. Before permit issuance, the city shall be provided with a copy of the recorded deed restriction, which shall run with the land, using the city’s form.
j. Building Separation. An accessory dwelling unit shall comply with the building separation requirements of the underlying zone, but in no case shall said requirement prohibit an accessory dwelling unit that is a minimum of 800 square feet, maximum of 16 feet in height with four-foot side and rear yard setbacks.
k. No provisions within this section, including lot coverage or legal nonconformity, shall preclude a detached minimum 800-square-foot accessory dwelling unit that is at least 16 feet in height with four- foot side yard and rear yard setbacks, and that is constructed in compliance with all other development standards.

3. Junior Accessory Dwelling Unit Development Standards. a. Location. Shall be located on the same lot or parcel as a primary dwelling unit and be within the walls of the single-family residence, including an attached garage, of the primary dwelling unit by at least one wall or by a ceiling. The junior accessory dwelling unit may be located above or below the primary dwelling unit.
b. Size. Maximum of 500 square feet of living area.
c. Setbacks. If the primary dwelling unit is expanded to create the junior accessory dwelling unit, the addition shall maintain setbacks of four feet from side and rear yards or the same setback as the existing structure, whichever is less. Front setback shall be the same as the existing structure or per the zoning district for the primary structure, whichever is less. Larger setbacks shall apply if required by fire or building codes on a case-by-case basis.
d. Access. A junior accessory dwelling unit shall have a separate entrance separate from the main entrance to the primary dwelling.
e. Kitchen. Each junior accessory dwelling unit shall include an efficiency kitchen which must include (i) a cooking facility with appliances and (ii) a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. f. Utilities.
i. A junior accessory dwelling unit shall not be considered a separate or new dwelling unit for the purposes of calculating connection fees or capacity charges for utilities, including water, sewer, or power service, or impact fees.
ii. No new or separate utility connection between the junior accessory dwelling unit and the utility shall be required, although the property owner may voluntarily install a submeter for the junior accessory dwelling unit.
iii. Any utility charges or fees shall be consistent with state law. g. Parking. No additional off-street parking is required for the junior accessory dwelling unit. h. Owner Occupancy and Deed Restriction.

ITEM 15.2.

ATTACHMENT 2
Exhibit A to the Ordinance

i. A person with legal or equitable title to the primary dwelling shall reside on the property in either the primary dwelling or junior accessory dwelling unit as that person’s legal domicile and permanent residence.
ii. The owner occupancy requirement does not apply if the property is entirely owned by a governmental agency, land trust, or nonprofit housing organization. iii. Prior to issuance of a building permit for a junior accessory dwelling unit, a deed restriction shall be recorded in the chain of title of the primary single-unit property. The form of the deed restriction shall be approved by the city attorney pursuant to Government Code Section 66333. iv. The deed restriction shall run with the land and shall be enforced against future property owners.

K. Impact Fees.

1. Impact Fee Requirements.
a. No city-imposed impact fees shall be charged for an accessory dwelling unit that is less than 750 square feet in size.
b. For accessory dwelling units 750 square feet or larger, city-imposed impact fees shall be charged proportionately in relation to the square footage of the primary dwelling. c. Impact fees do not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.

L. Required Parking for Accessory Dwelling Units.

1. Number of Parking Spaces. Parking for accessory dwelling units shall be provided per the following:
a. One off-street parking space, covered or uncovered, is required for each attached and detached accessory dwelling unit or bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
b. Notwithstanding any other section, no off-street parking is required for an attached or detached accessory dwelling unit if one or more of the following applies:
i. The accessory dwelling unit is located within one-half-mile walking distance of public transit, including transit stations and bus stations.
ii. When on-street parking permits are required by the city, but not offered to the occupant of the accessory dwelling unit.
iii. The accessory dwelling unit is part of the proposed or existing primary residence. iv. The accessory dwelling unit is located within an architecturally and historically significant historic district.
v. When there is a car share vehicle located within one block of the accessory dwelling unit.

ITEM 15.2.

ATTACHMENT 2
Exhibit A to the Ordinance

vi. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this chapter.
c. Off-street parking shall be permitted in setback areas in locations determined by the city or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.

2. When a garage, carport, or covered parking structure is demolished to allow for the construction of an accessory dwelling unit or for the conversion of a structure to an accessory dwelling unit it shall not be required to be replaced.

3. Guest parking spaces shall not be required for accessory dwelling units under any circumstances. [Ord. 17- 2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.1.060)].

ITEM 15.2.

ATTACHMENT 2
Exhibit A to the Ordinance

MEMORANDUM

City Council Staff Report - Page 1 of 1

ITEM 15.3.

DATE: October 7, 2024

TO: Honorable Mayor and Council Members

FROM: Russell Ducharme, Neighborhood Services Manager

SUBJECT: SECOND READING OF AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA,
REPEALING SECTIONS 9.85.010-9.85.060 "PROTECTION OF
CRITICAL INFRASTRUCTURE AND WILDFIRE RISK AREAS," AND
ADDING SECTIONS 9.85.010-9.85.070, TO TITLE 9. CHAPTER 9.85 OF THE RANCHO CORDOVA MUNICIPAL CODE "CAMPING"

RECOMMENDATION

Waive the second reading and adopt the Ordinance.

RESULT OF RECOMMENDED ACTION

Adoption of the Ordinance would result in amendments to Title 9, Chapter 9.85 repealing Sections 9.85.010-9.85.060 "Protection of Critical Infrastructure and Wildfire Risk Areas," and Add Sections 9.85.010-9.85.070, to Title 9, Chapter 9.85 of the Rancho Cordova Municipal Code entitled "Camping."

BACKGROUND

On September 16, 2024, the City Council waived the first reading and passed to a second reading of the Ordinance.

FISCAL IMPACT AND FUNDING SOURCE

There would be no direct fiscal impact on the City. However, the City’s Code Enforcement Division may assign resources to enforce the Ordinance. The Neighborhood Services Department has determined that the Ordinance will not significantly impact Code Enforcement’s ability to respond to other calls.

ATTACHMENT(S)

1. Ordinance

ITEM 15.3. ATTACHMENT 1
Ordinance No. XX-2024 Page 1 of 4

CITY OF RANCHO CORDOVA
ORDINANCE NO. XX-2024

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, REPEALING SECTIONS 9.85.010-9.85.060 “PROTECTION OF CRITICAL INFRASTRUCTURE AND WILDFIRE RISK AREAS,” AND ADDING SECTIONS 9.85.010-

9.85.070, TO TITLE 9, CHAPTER 9.85 OF THE MUNICIPAL CODE “CAMPING” THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA DOES ORDAIN AS FOLLOWS:

Section 1.Purpose and Declarations.

WHEREAS, the City of Rancho Cordova is committed to protecting the health, safety, welfare, and quality of life of all of its residents; and WHEREAS, homelessness is one of the most complex and urgent challenges for cities and other governments in California, where approximately half of all the homeless individuals in the United States reside; and
WHEREAS, the Supreme Court of the United States has recognized in Grants Pass v.

Johnson, decided June 28, 2024, that the Eighth Amendment of the United States Constitution allows governments to prohibit the act of camping on public property, overturning the Ninth Circuit’s 2019 decision, Martin v. Boise; and
WHEREAS, unpermitted camping on public and private property poses a significant risk to the health, safety and welfare (including sanitation), of all the City’s residents, housed and unhoused alike; and
WHEREAS, unpermitted obstructions on sidewalks and public rights of way pose an increased risk to pedestrians, particularly children, the elderly, and people with disabilities or vision-impairments, when they must navigate around them; and WHEREAS, the City of Rancho Cordova desires to regulate the act of camping on public property regardless of the reasons why such camping occurs, and not the status of being homeless; and
WHEREAS, the City of Rancho Cordova intends to implement a scheme of progressive enforcement of its prohibition on camping on public and private property, and seeks to uphold the rights, dignity, and property of individuals experiencing homelessness.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA DOES ORDAIN AS FOLLOWS:

Section 2.Findings. This Ordinance is adopted pursuant to the following findings:

A.CEQA Compliance. CEQA requires analysis of agency approvals of discretionary “projects.” A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” (CEQA Guidelines, § 15378.) As

ITEM 15.3. ATTACHMENT 1
Ordinance No. XX-2024 Page 2 of 4 reflected in State CEQA Guideline 15061 (b) (3), an activity is not subject to CEQA, “[where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment…” The proposed amendments are not a “project” within the meaning of CEQA because the amendments seek to provide clarification of uses, standards and/or enforcement procedures, address inconsistencies or delete text that is no longer necessary. Because no expansion of uses or activities is reasonably anticipated, no possibility exists that the Ordinance will result in a significant effect on the environment. Thus, the proposed Ordinance is not subject to the requirements of CEQA. However, in the event that adoption of the Ordinance is considered a CEQA project, it would nonetheless qualify for categorical exemptions as set forth below.

CEQA Guidelines Section 15061(b)(3) states that a project is exempt from CEQA “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The approval of the code amendments set forth in the proposed Ordinance does not approve any physical development and it would not result in a direct or indirect physical changes in the environment. For these reasons, the proposed amendments would not have the potential to result in individually or cumulatively significant effects on the environment and these Municipal Code amendments are exempt from review under CEQA and no further environmental review is necessary.

Section 3.Amendments to Title 9 Public Peace, Morals, and Safety Sections 9.85.010 to 9.85.060 are hereby repealed and replaced, and Sections 9.85.010 to

9.85.070, are added to the City of Rancho Cordova Municipal Code, to read as follows:

Chapter 9.85 CAMPING

9.85.010 Findings and purpose.

The streets and public property within the City should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for which they were intended. Such activity can constitute a public health and safety hazard that adversely impacts the neighborhoods, commercial property and general welfare of the City. Camping on private property without the consent of the owner, proper sanitary measures and for other than a minimal duration adversely affects private property rights as well as public health, safety, and welfare. The purpose of this chapter is to maintain streets, parks, creeks and other public and private areas, whether paved or unpaved, within the City in a clean, sanitary and accessible condition and to adequately protect the health, safety and public welfare of the community, while recognizing that, subject to reasonable conditions, camping and camp facilities associated with special events can be beneficial to the cultural and educational climate in the City.

9.85.020 Definitions.

When used in this chapter, the following words and phrases have the following meanings:
“Camp” means to place, pitch or occupy camp facilities; to live temporarily in a camp facility or outdoors; or to use camp paraphernalia.

ITEM 15.3. ATTACHMENT 1
Ordinance No. XX-2024 Page 3 of 4 “Camp facilities” include, but are not limited to, tents, huts, vehicles, vehicle camping outfits, trailers, lean-tos, temporary shelters, tarpaulins, sleeping mattresses or pads, sleeping bags, or bedding.
“Camp paraphernalia” includes, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, mattress, hammocks, cooking facilities, appliances, and similar equipment. “Store” means to put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location.

9.85.030 Unlawful Camping.

A. No person shall camp anywhere in the City of Rancho Cordova, whether on public or private property, except as hereinafter expressly permitted in Section 9.85.040 of this chapter.

B. It shall be an affirmative defense under this chapter for any person, without the purpose of habitation, to temporarily occupy and use a vehicle for emergency reasons including, but not limited to: escape from or avoidance of an abusive person(s), avoidance of driving a vehicle while under the influence of alcohol or drugs, even though the person may sleep during the period of that use. For purposes of this section, “temporarily occupy” means a duration of twelve hours or less.

9.85.040 Permitted camping.

Camping is permitted in the City of Rancho Cordova only under the following circumstances:

A. On public property specifically set aside and clearly marked for public camping purposes.

B. In conjunction with events authorized and expressly provided for in a special event or temporary use permit issued by the City.

9.85.050 Storage of personal property in public places.

It shall be unlawful for any person to store or leave unattended camp facilities or camp paraphernalia on public property, unless such storage is expressly authorized and in conjunction with a permitted camping activity under this chapter.

9.85.060 Public nuisance declared.

A. Any Camp facilities or Camp paraphernalia established in the City in violation of this chapter is declared to be a public nuisance, and the City enforcement official is authorized to abate the nuisance and remove camp facilities and camp paraphernalia as authorized by Rancho Cordova Municipal Code Chapter 16.18 or as authorized by law.

9.85.070 Violation—Penalty.

A. Any person who violates any provision in this chapter is guilty of an infraction, punishable by a one hundred dollar fine.

B. Any person cited for a second violation of the same section within a twelve-month period is guilty of an infraction, punishable by a two hundred dollar fine.

ITEM 15.3. ATTACHMENT 1
Ordinance No. XX-2024 Page 4 of 4 C. Any person found in violation of any section of this chapter for the third time within a twelve-month period is guilty of a misdemeanor, punishable by a fine not to exceed five hundred dollars, or imprisonment not to exceed six months.

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

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

Section 4.Severability
If any provision of this Ordinance or the application thereof to any person or circumstance, is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect.

To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid or unenforceable.

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

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 7 th day of October 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________
David M. Sander, Mayor
ATTEST:
_________________________
Stacy Leitner, CMC
City Clerk

MEMORANDUM

City Council Staff Report - Page 1 of 2

ITEM 15.4.

DATE: October 7, 2024

TO: Honorable Mayor and Council Members

FROM: Ka Vang, Management Analyst
Stefan Heisler, Housing Manager

SUBJECT: A RESOLUTION AUTHORIZING AN APPLICATION FOR THE

CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT PROHOUSING INCENTIVE PILOT (PIP) PROGRAM
ROUND 3

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would authorize staff to apply to the Prohousing Incentive Pilot (PIP) Program for Round 3 funding and would allocate the funding to the Mather Veterans Village Phase 4 affordable housing project.

BACKGROUND

The Prohousing Designation Program was established by the state of California Housing and Community Development (HCD) in 2019 to help meet California’s housing goals. The Prohousing Designation makes affordable housing projects more competitive for State and Federal funding and may help accelerate the timeline for future projects. The Prohousing Incentive Pilot (PIP) Program encourages cities and counties to secure the Prohousing Designation, making them eligible for PIP grant funding. The City applied for and received the Prohousing Designation on March 23, 2023. Staff applied for the one-time PIP funding and on May 9, 2023, HCD awarded the City $960,000.

On January 23, 2024, HCD announced the release of PIP Round 2 funding and issued a Notice of Availability (NOFA) for approximately $9,483,402.17. Funding allocation is based on each jurisdiction’s population size and Prohousing Designation score as determined by HCD. Based on the City’s Prohousing Designation score, the City is eligible to apply for a maximum of $960,000. The City submitted an application for Round 2, but was not awarded any Round 2 funds.

On August 15, 2024, (HCD) announced the release of PIP Round 3 funding and issued a NOFA of approximately $8 million. Based on the City’s Prohousing Designation score, the City is eligible to apply for a maximum of $960,000. Adoption of the Resolution is required to apply for the PIP Round 3 funding. With adoption of the Resolution, staff will submit the PIP Round 3

City Council Staff Report - Page 2 of 2

application requesting the full $960,000. While the funding is awarded over-the-counter based on geographic region and a jurisdiction's Prohousing designation score, there is no guarantee that the City will receive an award. Staff still recommends allocating this one-time funding to the Mather Veterans Village Phase 4 affordable housing project, which would be used to pay for pre-development project costs including, but not limited to, architectural design, surveying, and engineering work.

FISCAL IMPACT AND FUNDING SOURCE

There is no fiscal impact.

ATTACHMENT(S)

1. Resolution

ITEM 15.4. 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, AUTHORIZING APPLICATION FOR, AND RECEIPT OF, PROHOUSING

INCENTIVE PILOT FUNDS AND ALLOCATING PROGRAM FUNDS TO THE MATHER VETERANS VILLAGE PHASE 4 AFFORDABLE HOUSING DEVELOPMENT PROJECT

WHEREAS, pursuant to Health and Safety Code 50470 et. Seq, the California Department of Housing and Community Development (Department) is authorized to issue Guidelines as part of an incentive program [hereinafter referred to by the Department as the Prohousing Incentive Program or (PIP)]; and

WHEREAS, the City Council of the City of Rancho Cordova (“City”) desires to submit a PIP grant application package (“Application”), on the forms provided by the Department, for approval of grant funding for eligible activities toward planning and implementation activities related to housing and community development as a result of meeting eligibility criteria including but not limited to Prohousing Designation; and

WHEREAS, the City submitted the Prohousing Designation application on February 21, 2023, and was awarded the Prohousing Designation on March 23, 2023; and

WHEREAS, the Department has issued Guidelines and Application on August 15, 2024, in the amount of $8,000,000 for PIP; and

WHEREAS, the Mather Veterans Village Phase 4 is a multi-family housing project consisting of 70 units, 69 of which will be affordable rental units for homeless and disabled veterans and homeless households earning less than 50% area median income (AMI), that requires local funding support to complete predevelopment activities and enhance the project’s competitiveness for needed state housing funding; and
WHEREAS, the City Council approves the PIP funds to be allocated to the Mather Veterans Village Phase 4 affordable housing development project.

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

SECTION 1. The City Manager of the City of Rancho Cordova is hereby authorized and directed to submit an Application to the Department in response to the NOFA, and to apply for the PIP grant funds in a total amount not to exceed $960,000; and SECTION 2. In connection with the PIP grant, if the Application is approved by the Department, the City Manager of the City of Rancho Cordova is authorized and directed to enter into, execute, and deliver on behalf of the Applicant, a State of California Agreement (Standard Agreement) for the amount of $960,000 and any and all other documents required or deemed necessary or appropriate to evidence and secure the PIP grant, the Applicant’s obligations related thereto, and all amendments thereto; and
SECTION 3. The Applicant shall be subject to the terms and conditions as specified in the

ITEM 15.4. ATTACHMENT 1
Resolution No. XX-2024 Page 2 of 2 Guidelines, and the Standard Agreement provided by the Department after approval. The Application and any and all accompanying documents are incorporated in full as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the Application will be enforceable through the fully executed Standard Agreement. Pursuant to the Guidelines and in conjunction with the terms of the Standard Agreement, the Applicant hereby agrees to use the funds for eligible uses and allowable expenditures in the manner presented and specifically identified in the approved Application.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 7th day of October 2024 by the following vote count:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

David Sander, Mayor

Stacy Leitner, CMC
City Clerk

MEMORANDUM

City Council Staff Report - Page 1 of 2

ITEM 15.5.

DATE: October 7, 2024

TO: Honorable Mayor and Council Members

FROM:

Albert Stricker, Public Works Director
Drew Hart, Senior Transportation Planner
Edgar Medina, Principal Engineer

SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2024-216 WITH 50 CORRIDOR TRANSPORTATION

MANAGEMENT ASSOCIATION IN AN AMOUNT NOT TO EXCEED
$1,000,000 FOR COMMUNITY-BASED TRAVEL PLANNING

PROGRAMMING

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would authorize the City Manager to execute a professional services agreement with 50 Corridor Transportation Management Association in an amount not to exceed $1,000,000 for Community-Based Travel Planning programming funded through the Carbon Reduction Program grant.

BACKGROUND

The City of Rancho Cordova’s Public Works Department, in collaboration with 50 Corridor Transportation Management Association (50 TMA), has been awarded $1,061,911 in grant funding from the Sacramento Area Council of Governments (SACOG) under their Carbon Reduction Program (CRP). The CRP was established by the U.S. Department of Transportation as part of the Infrastructure Investment and Jobs Act / Bipartisan Infrastructure Law signed into law in November 2021. This program provides funding to states and Metropolitan Planning Organizations for projects designed to reduce transportation-related carbon emissions from on- road highway sources. The proposed contract will act as the pass-through funding agreement as required by the grant program.

The joint application between the City and the 50 TMA focused on programs that encourage behavioral changes to carbon-free or carbon-light transportation choices. The scope consists of Community-Based Travel Planning to be conducted by the 50 TMA, and Active Modes Wayfinding to be managed by the Public Works staff. Community-Based Travel Planning seeks to engage Rancho Cordova residents in adopting more sustainable transportation methods.

The program will focus on shifting residents away from single-occupancy vehicle trips and promoting the use of low-carbon, sustainable transportation options. Through targeted

City Council Staff Report - Page 2 of 2

education, incentives, and support services, this initiative is designed to reduce single- occupancy car trips and carbon emissions within the community. 50 TMA will provide up to five years of Community-Based Travel Planning programming. The scope of this work includes the following:

Marketing Campaigns: Each year, 50 TMA will develop a unique marketing strategy that may include direct mail, social media, email, and partnerships with local businesses. Campaigns will be designed to reach a wide range of residents, with a focus on inclusivity.

Incentives, Events, and Supportive Services: To encourage behavior change, 50 TMA will offer incentives such as cash rewards for those who shift to low-carbon modes of transport like biking, carpooling, or public transit. Other incentives may include subsidies for vanpools, carsharing, or transit passes, based on the campaign focus and participant needs.

Events to encourage and support new travel habits may include bike repairs, community bike rides, bike safety and maintenance demonstration classes, carpool matching meet-and-greets, transit field trips, ebike test rides, sustainable transportation fairs, and community walks. These events will be targeted towards those who opt-in to the program. Additionally, supportive services may include one-on-one trip planning and guaranteed ride services (through Uber, Lyft, or similar) which will help remove barriers to adopting more sustainable travel habits.

Annual Reports: At the end of the annual campaign, 50 TMA will prepare a detailed report summarizing the effectiveness of that year's activities, participation rates, and lessons learned to guide future efforts.

This comprehensive approach will provide Rancho Cordova residents with the resources, incentives, and support necessary to make meaningful changes in their travel behavior.

The Active Modes Wayfinding is not a part of the agreement being discussed and will be brought before City Council next year. All activities will be completed by June 2030.

FISCAL IMPACT AND FUNDING SOURCE

Funding for Community-Based Travel Planning programming consists of Carbon Reduction Program Grant Funds. There is no impact on the City's General Fund.

This project is not in the City’s current approved Capital Improvement Plan, but will be included as a mid-year request into the 2024/25 approved budget.

ATTACHMENT(S)

1. Resolution

2. Contract No. 2024-216

ITEM 15.5. 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. 2024-216 WITH 50 CORRIDOR TRANSPORTATION MANAGEMENT ASSOCIATION IN AN AMOUNT NOT TO EXCEED $1,000,000 FOR COMMUNITY-BASED TRAVEL

PLANNING PROGRAMMING

WHEREAS, the City partnered with 50 Corridor Transportation Management Association (50 TMA) on the application with the Sacramento Area Council of Governments (SACOG) under their Carbon Reduction Program that is part of the Infrastructure Investment and Jobs Act Bipartisan Infrastructure Law; and
WHEREAS, SACOG awarded the City of Rancho Cordova $1,061,911 in grant funds under their Carbon Reduction Program; and

WHEREAS, the City of Rancho Cordova desires to enter into Contract No. 2024-216 with 50 Corridor Transportation Management Association in an amount not to exceed $1,000,000 for Community-Based Travel Planning programming; and

WHEREAS, the 50 TMA under the Community-Based Travel Planning programming will provide Marketing Campaigns, Incentives, Events, Supportive Services and Annual Reporting; and

WHEREAS, the Carbon Reduction Program grant award will also fund the administrative costs related to the Active Modes Way Finding plan; and

WHEREAS, this programming is designed to encourage Rancho Cordova residents to engage in a travel behavior change program aimed at helping them shift more trips away from driving alone to low-carbon, sustainable modes of transportation; and

WHEREAS, funding for the Community-Based Travel Planning programming seeks to engage residents in adopting more sustainable transportation methods, with programs focusing on shifting residents away from single-occupancy vehicle trips and promoting the use of low-carbon, sustainable transportation options; and
WHEREAS, funding for the Community-Based Travel Planning Program is intended to fund 5 years of programming.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract No. 2024-216 with 50 Corridor Transportation Management Association, in an amount not to exceed $1,000,000 in a form approved by the City Attorney to provide community-based travel planning programming.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 7th day of October 2024 by the following vote:

ITEM 15.5. ATTACHMENT 1
Resolution No. XX-2024 Page 2 of 2 AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

David Sander, Mayor

Stacy Leitner, CMC
City Clerk

ITEM 15.5. ATTACHMENT 2
CONTRACT NO.: 2024-216
Professional Services Agreement between
City of Rancho Cordova and 50 Corridor Transportation Management Association Page 1 of 16

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF RANCHO CORDOVA AND
50 CORRIDOR TRANSPORTATION MANAGEMENT ASSOCIATION
THIS AGREEMENT for professional services is made by and between the City of Rancho Cordova, a California municipal corporation (“City”), and 50 Corridor Transportation Management Association (“Professional”) as of October 1, 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 June 30, 2030, the date of completion specified in Exhibit A. Professional shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Professional to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.

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

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

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

Section 2. COMPENSATION. City hereby agrees to pay Professional a sum not to exceed ONE MILLION DOLLARS ($1,000,000.00) notwithstanding any contrary indications that may be contained in Professional’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Professional’s proposal, attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Professional for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Professional for services rendered pursuant to this Agreement. Professional shall submit all invoices to City in the manner specified herein.

ITEM 15.5. ATTACHMENT 2
CONTRACT NO.: 2024-216
Professional Services Agreement between
City of Rancho Cordova and 50 Corridor Transportation Management Association Page 2 of 16

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 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.

ITEM 15.5. ATTACHMENT 2
CONTRACT NO.: 2024-216
Professional Services Agreement between
City of Rancho Cordova and 50 Corridor Transportation Management Association Page 3 of 16

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 ONE MILLION DOLLARS ($1,000,000). 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 15.5. ATTACHMENT 2
CONTRACT NO.: 2024-216
Professional Services Agreement between
City of Rancho Cordova and 50 Corridor Transportation Management Association Page 4 of 16

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 liability insurance shall be per occurrence, combined single limit coverage for risks

ITEM 15.5. ATTACHMENT 2
CONTRACT NO.: 2024-216
Professional Services Agreement between
City of Rancho Cordova and 50 Corridor Transportation Management Association Page 5 of 16

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

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

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

ITEM 15.5. ATTACHMENT 2
CONTRACT NO.: 2024-216
Professional Services Agreement between
City of Rancho Cordova and 50 Corridor Transportation Management Association Page 6 of 16

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 ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.

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

4.3.2An 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.

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

4.4 All Policies Requirements.

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

4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Professional shall furnish City with certificates of insurance and with original

ITEM 15.5. ATTACHMENT 2
CONTRACT NO.: 2024-216
Professional Services Agreement between
City of Rancho Cordova and 50 Corridor Transportation Management Association Page 7 of 16

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

ITEM 15.5. ATTACHMENT 2
CONTRACT NO.: 2024-216
Professional Services Agreement between
City of Rancho Cordova and 50 Corridor Transportation Management Association Page 8 of 16

▪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.

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.

ITEM 15.5. ATTACHMENT 2
CONTRACT NO.: 2024-216
Professional Services Agreement between
City of Rancho Cordova and 50 Corridor Transportation Management Association Page 9 of 16

Section 6. STATUS OF PROFESSIONAL.

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

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

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

Section 7. LEGAL REQUIREMENTS.

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

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

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Professional and any subcontractors

ITEM 15.5. ATTACHMENT 2
CONTRACT NO.: 2024-216
Professional Services Agreement between
City of Rancho Cordova and 50 Corridor Transportation Management Association Page 10 of 16

shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

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

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

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

Section 8. TERMINATION AND MODIFICATION.

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

Professional may cancel this Agreement upon 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.

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Professional understands

ITEM 15.5. ATTACHMENT 2
CONTRACT NO.: 2024-216
Professional Services Agreement between
City of Rancho Cordova and 50 Corridor Transportation Management Association Page 11 of 16

and agrees that, if City grants such an extension, City shall have no obligation to provide Professional with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Professional for any otherwise reimbursable expenses incurred during the extension period.

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

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

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

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

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

8.6.1Immediately terminate the Agreement;

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

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

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

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Professional’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Professional prepares or obtains pursuant to this Agreement and that relate to the matters

ITEM 15.5. ATTACHMENT 2
CONTRACT NO.: 2024-216
Professional Services Agreement between
City of Rancho Cordova and 50 Corridor Transportation Management Association Page 12 of 16

covered hereunder shall be the property of the City. Professional hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Professional agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

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

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

Section 10 MISCELLANEOUS PROVISIONS.

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

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

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

ITEM 15.5. ATTACHMENT 2
CONTRACT NO.: 2024-216
Professional Services Agreement between
City of Rancho Cordova and 50 Corridor Transportation Management Association Page 13 of 16

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

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

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

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

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

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

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

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

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

Cheryl Croshere, Executive Director
50 Corridor TMA
Mail Only: 11230 Gold Express Drive 310-263, Gold River CA 95670 Email Address (for Insurance Update Requests)
[email protected]

ITEM 15.5. ATTACHMENT 2
CONTRACT NO.: 2024-216
Professional Services Agreement between
City of Rancho Cordova and 50 Corridor Transportation Management Association Page 14 of 16

Any written notice to City shall be sent to:

Drew Hart
Senior Transportation Planner, Public Works Department
City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 95670
916-851-8710 or [email protected]

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

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

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

ITEM 15.5. ATTACHMENT 2
CONTRACT NO.: 2024-216
Professional Services Agreement between
City of Rancho Cordova and 50 Corridor Transportation Management Association Page 15 of 16

SIGNATURE PAGE FOLLOWING

ITEM 15.5. ATTACHMENT 2
CONTRACT NO.: 2024-216
Professional Services Agreement between
City of Rancho Cordova and 50 Corridor Transportation Management Association Page 16 of 16

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 ManagerCheryl Croshere, Executive Director Date: ____________________ Date: ____________________
Attest:
______________________________
Stacy Leitner, CMC, City Clerk
Date: ____________________
Approved as to Form:
______________________________
Adam U. Lindgren, City Attorney
Date: ____________________

ITEM 15.5. ATTACHMENT 2
CONTRACT NO.: 2024-216
Professional Services Agreement between
City of Rancho Cordova and 50 Corridor Transportation Management Association – Exhibit A Page 1 of 2

EXHIBIT A

SCOPE OF SERVICES
Scope of Work
Community-Based Travel Planning
Timeline: October 1, 2024 – June 30, 2030
Cost: $1,000,000
Provide up to 5 years of Community-Based Travel Planning programming which includes the following subtasks designed to increase trip-making by low-carbon, sustainable modes:
•Marketing Campaigns
•Incentives, Events, and Supportive Services
•Annual Reports
/ Marketing Campaigns
The 50 TMA will develop a marketing strategy for each annual campaign. In general, the marketing strategy may include ads delivered via direct mail, social media, out-of-home, email, events, and other marketing channels. Outreach might also include partnering with local businesses and/or community organizations.

Each annual campaign will have its own theme and marketing strategy in order to keep the program fresh and reach new residents every year. Translation and interpretation services may be used to reach residents whose English is limited, while other strategies will be used to engage hard-to-reach residents and serve diverse needs and interests.
/ Incentives, Events, and Supportive Services
Together, incentives, events, and other supportive services provide a comprehensive experience for program participants; the program aims to coach them through trying a new mode - such as biking, carpooling, or taking the bus or light rail - and/or increasing the frequency with which they use that mode in- lieu of driving alone. A smartphone application-based tool will be used to track participants’ trip-making and mode share, while also rewarding them with cash when they make progress towards their modal goals.

This might look like participants receiving $5 for their first trip by transit, $10 for their 5th trip, and $20 for their 10th trip, for example. SACOG will shortly be collecting bids for such an app, and this program will either use the one procured by SACOG or another of the 50 TMA’s choosing, depending on the needs of the program and the functionality of the app procured. Incentives could also take the form of subsidies for vanpools, carsharing, or transit passes, depending on the focus of the annual campaign and the needs and preferences of program participants.

Events to support participants’ new travel habits may include bike repairs, community bike rides, bike safety and maintenance demonstration classes, carpool matching meet-and-greets, transit field trips, ebike test rides, sustainable transportation fairs, and community walks, as examples. These events will be targeted toward residents that opt into the program and elect to use the smartphone app or an alternative for trip logging. In this way, events provide strategic support to those that have elected to change their travel habits, providing opportunities and motivation to follow through on those goals while removing barriers to doing so.

ITEM 15.5. ATTACHMENT 2
CONTRACT NO.: 2024-216
Professional Services Agreement between
City of Rancho Cordova and 50 Corridor Transportation Management Association – Exhibit A Page 2 of 2 Supportive services for program participants may include one-on-one trip-planning, carpool matching, as well as guaranteed rides. Guaranteed ride consists of free rides by Uber, Lyft, taxi, or rental car when program participants try to use a low-carbon, sustainable mode and something happens. For example, they take light rail to work, and their child is sick and needs to be picked up from school within 30 minutes.

Guaranteed ride removes some of the mental barriers to using sustainable modes and can be delivered through the same smartphone app used for incentives and trip logging. / Annual Reports
The 50 Corridor TMA will prepare reports at the end of each annual campaign, summarizing that year’s activities and comparing participation, effectiveness, and lessons learned to prior years.

Deliverables
•Annual marketing campaigns, which could include digital, print, out-of-home, and other channels to promote the program in a fun, accessible, and inviting way. •Events
•Incentives and subsidies
•Supportive services, such as guaranteed rides, and
•Up to five annual reports

ITEM 15.5. ATTACHMENT 2
CONTRACT NO.: 2024-216

Professional Services Agreement between
City of Rancho Cordova and 50 Corridor Transportation Management Association – Exhibit B Page 1 of 1

EXHIBIT B

COMPENSATION SCHEDULE
50 Corridor TMA Billing Rates, 2024-2030
Title/ Role Billing Range
Executive Director $175 - $275
Membership Development Director $100 - $225
Program Manager $120 - $225
Marketing Manager $100 - $225
Outreach Coordinator $90 - $175
Administrative Coordinator $90 - $175
Safe Routes to School (SRTS) Coordinator $50 - $125

MEMORANDUM

City Council Staff Report - Page 1 of 1

ITEM 15.6.

DATE: October 7, 2024

TO: Honorable Mayor and Council Members

FROM: Dalia Fadl, Principal Engineer

SUBJECT: A RESOLUTION DECLARING THE RESULTS OF THE MAIL BALLOT

ELECTION RELATING TO THE IMPOSITION OF THE ANNUAL

STORMWATER UTILITY FEE (SWUII W LID) ON THE PRESERVE

PROJECT IN THE CITY OF RANCHO CORDOVA

RECOMMENDATION

Adopt the Resolution declaring the results of the mail ballot election relating to the imposition of the annual Stormwater Utility Fee (SWUII w LID) on The Preserve project.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would declare the results of the ballot tabulation for the proposed imposition of the annual Stormwater Utility Fee (SWUII w LID) on The Preserve project. If majority approval exists, the City Council may impose the annual Stormwater Utility Fee (SWUII w LID) on The Preserve project pursuant to the Fee Ordinance.

BACKGROUND

The City Council previously adopted a Resolution on August 5, 2024, declaring its intention to impose the annual Stormwater Utility Fee- SWUII w LID (“Fee”) on The Preserve project. A protest hearing was conducted on September 3, 2024, at which time no written protest was received from the property owners representing a majority of the parcels subject to the Fee.

Council then adopted a Resolution authorizing the mailing of property owner ballots for the purpose of submitting the Fee to a vote of the owners, subject to the Fee. The Clerk has tabulated the ballots returned by the property owners for The Preserve project. The majority vote of the owners of the parcels approved imposing the annual Fee on The Preserve project pursuant to the Ordinance. The recommended action tonight is to adopt the Resolution declaring the results of the mail ballot election.

FISCAL IMPACT AND FUNDING SOURCE

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

ATTACHMENT(S)

1. Resolution

2. Exhibit A to the Resolution - Ballot

3. Exhibit B to the Resolution - Certification

ITEM 15.6. 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, DECLARING THE RESULTS OF A MAIL BALLOT ELECTION

RELATING TO THE IMPOSITION OF THE ANNUAL STORMWATER UTILITY FEE (SWUII W

LID) FOR THE PRESERVE PROJECT IN THE CITY OF RANCHO CORDOVA

WHEREAS, on August 5, 2024, the City Council adopted a Resolution declaring its intention to impose the Annual Stormwater Utility Fee- SWUII w LID (“Fee”) for The Preserve project; and

WHEREAS, Article XIII D of the California Constitution (Proposition 218) requires the City to follow certain procedural and substantive requirements relating to the imposition of property- related fees and charges (as defined in Proposition 218); and

WHEREAS, the City has determined that the Fee is a property related fee, subject to the provisions of Proposition 218; and

WHEREAS, before imposing the Fee, the City Council is required to hold a noticed public hearing on a written report (the "Written Report") containing a description of each parcel of real property within the City to which the Fee is applicable and the amount of the Fee for each such parcel for Fiscal Year 2024-2025 and to consider protests to the Fee and, if a majority protest is not received at the public hearing, the Council must submit the question of the imposition of the Fee to a vote of the owners of the property subject to the proposed Fee for approval before the proposed Fee may be levied; and

WHEREAS, in accordance with Proposition 218 the City Council held a duly noticed public hearing on the matter of the Written Report and the proposed Fee on September 3, 2024, and took testimony, both written and oral; and
WHEREAS, having determined a written protest was not received from property owners representing a majority of the parcels subject to the Fee, the City Council adopted a Resolution authorizing the mailing of the property owner ballots (the “Ballot Measure”) for the purpose of submitting the Fee to a vote of the owners of parcels subject to the Fee, and subject to approval by a majority vote of the owners of parcel subject to the Fee; and

WHEREAS, pursuant to the terms of Ordinance No. 7-2014 and the unanimous consent of the property owner, the Property Owner Balloting was conducted and completed, and the City Clerk has on file a Certificate of the City Clerk as to the Results of the Canvass of the Ballot Return in Connection with the Proposed Stormwater Utility Fee (the "Certificate"), a copy of which is attached hereto as Exhibit B and by this reference incorporated herein.

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

1. The above recitals are true and correct.

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

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

ITEM 15.6. ATTACHMENT 1
Resolution No. XX-2024 Page 2 of 2 reference incorporated herein.

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

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

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

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 7th day of October 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

David Sander, Mayor

Stacy Leitner, CMC
City Clerk

ITEM 15.6.

ATTACHMENT 2
Exhibit A to the Resolution

Project: The Preserve

SUMMARY OF PROPERTY OWNER BALLOT PROCEDURES
If you are the owner, or the authorized representative of the owner, of the property described on the enclosed Property Owner Ballot, you may submit the enclosed Property Owner Ballot to the City to support or oppose the proposed annual Stormwater Utility Fee.

Complete Property Owner Balloting Procedures are on file at the City Clerk’s office. Please follow the instructions below to complete and return your Property Owner Ballot.

1. Mark your vote on the enclosed Property Owner Ballot by placing an “X” in the appropriate box.

2. Mark, sign and date your Property Owner Ballot in ink. Property Owner Ballots received without a signature will not be counted.

Do not use pencil.

3. Place your ballot in an envelope and seal the envelope.

4. Property Owner Ballots may be mailed, or hand delivered to the City Clerk’s office at 2729 Prospect Park Drive, Rancho Cordova, CA 95670.

5. The City MUST receive all Property Owner Ballots before 1:30 p.m. on Tuesday September 24, 2024. Any Property Owner Ballot received after this time cannot legally be counted. Postmarks will not be accepted, and ballots received after the deadline will not be counted. (Property Owner Ballots may be delivered to the City Clerk prior to this date and time during normal business hours.)

6. The tabulation of Property Owner Ballots will be performed by the City Clerk after 1:30 p.m. on Tuesday September 24, 2024.

7. The City Clerk shall not disclose the contents of any ballot in such a way as to identify how a property owner voted until the ballots become public record.

8. The City Council may establish the annual Stormwater Utility Fee only if a majority of the Property Owner Ballots returned are in favor of the Fee.

9. If more than a majority of the Property Owner Ballots returned are opposed to the Fee, then the annual Stormwater Utility Fee will not be imposed.

The City of Rancho Cordova complies with the Americans with Disabilities Act. If you are a qualified individual with a disability and need assistance with completing or returning the enclosed ballot, please contact the City Clerk’s office at (916) 851-8720.

The information in this notice and the accompanying materials were compiled and are distributed at public expense by the City of Rancho Cordova in compliance with Article XIIID of the California Constitution. This information is presented in the public interest. It is not intended to influence or attempt to influence the actions of the voters to vote “yes” or “no” on the enclosed Property Owner Ballot.

ITEM 15.6.

ATTACHMENT 2
Exhibit A to the Resolution

EXHIBIT B

CERTIFICATE OF THE CITY CLERK AS TO

THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS
IN CONNECTION WITH THE PROPOSED STORMWATER UTILITY FEE (SWUII w LID)

IN THE CITY OF RANCHO CORDOVA
I, Stacy Leitner, City Clerk of the City of Rancho Cordova, hereby certify that I canvassed the returns of the election in connection with the imposition of an annual stormwater utility fee (SWUII w LID) that the day for the return of mailed ballot, September 24, 2024. The election was concluded on that date and that the total number of ballots cast in said election and the total number of votes cast for and against the ballot measure, as specified below, are full, true and correct.

Total of Ballots Received: /
Total "Yes" Ballots: /
Total "No" Ballots: 0
d/4
]M
/dJ
Stacy Leitner� C
City Clerk
Project: The Preserve
ITEM 15.6.

ATTACHMENT 3
Exhibit B to the Resolution

MEMORANDUM

City Council Staff Report - Page 1 of 2

ITEM 15.7.

DATE: October 7, 2024

TO: Honorable Mayor and Council Members

FROM: Dalia Fadl, Principal Engineer

SUBJECT: A RESOLUTION DECLARING THE RESULTS OF THE MAIL BALLOT

ELECTION FOR RANCHO CORDOVA TRANSIT-RELATED
SERVICES SPECIAL TAX AREA ZONE 34 FOR THE PRESERVE

PROJECT

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would declare the results of the mail ballot election concerning Transit-Related Services Special Tax Area Zone 34 establishing a special tax for transit services for The Preserve project.

BACKGROUND

On August 5, 2024, the City Council approved a Resolution that established Special Tax Zone No. 34, the boundaries of which will be contiguous to the boundaries of The Preserve project.

On September 3, 2024, the Council adopted Ordinance No. 7-2024 that established the special tax for transit-related services subject to land-owner voter confirmation.

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

If the tax in Zone 34 is approved by at least two-thirds of the property owners voting, the tax will first be collected hereunder for the tax year beginning July 1, 2025.

ELECTION RESULTS

A ballot was mailed out to the property owner of the Preserve project following approval of the Ordinance. The mail-ballot election has been completed, and the ballot tabulated by the City Clerk, Attachment 3. The property owner has approved the Ordinance and the tax will be applied to Zone 34.

FISCAL IMPACT AND FUNDING SOURCE

There is no fiscal impact on the City's General Fund. Funds collected by this tax will be used to fund transit-related services.

ATTACHMENT(S)

City Council Staff Report - Page 2 of 2

1. Resolution

2. Ballot

3. Certified Ballot Results

ITEM 15.7. 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, DECLARING THE RESULTS OF THE ELECTION FOR RANCHO CORDOVA TRANSIT-RELATED SERVICES SPECIAL TAX AREA ZONE 34 FOR THE

PRESERVE PROJECT

WHEREAS, on August 5, 2024, the City adopted a Resolution, creating Special Tax Area Zone 34 within the Transit-Related Services Special Tax Area. Pursuant a Resolution, the City Council directed the City Clerk to conduct a transit-related services tax election, to be conducted by mail ballot, pursuant to Elections Code section 4000; and

WHEREAS, the property owner within Zone 34 waived the timing requirements of Elections Code section 4000 in order to conduct the election on a date earlier provided under the Elections Code; and

WHEREAS, on September 3, 2024, the City adopted Ordinance No. 7-2024, which established a special tax for transit-related services in Zone 34, subject to landowner-voter confirmation; and

WHEREAS, Ordinance No. 7-2024 takes effect immediately upon confirmation by two- thirds of the voters voting within the relevant zone, so that taxes will be first collected for the tax year beginning July 1, 2025; and

WHEREAS, a ballot was sent to the landowner of Zone 34, The Preserve project, which asked them a single question in the form of: “Shall Ordinance No. 7-2024 of the City Council of the City of Rancho Cordova be approved so as to authorize a special tax on property located in Zone 34 of the Rancho Cordova Transit-Related Services Special Tax Area to maintain the present level of transit-related services and provide additional funding for increased transit- related services?”; and

WHEREAS, the owner of the real property subject to the Transit-Related Services Special Tax Area Zone 34 has voted on the issue of whether to approve Ordinance No. 7-2024 and the City now wishes to declare the results of this transit-related services tax election for Zone 34.

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 City Clerk has tabulated the transit-related services special tax ballot and the following are the responses to the question on the ballot asking whether the landowner approves of Ordinance No. 7-2024 authorizing a special tax in the portion of Transit-Related Services Special Tax Zone 34 that encompasses the landowner’s property, in order to maintain the present level of transit-related services and provide additional funding for increased transit- related services:

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

ITEM 15.7. ATTACHMENT 1
Resolution No. XX-2024 Page 2 of 2

3. In accordance with Ordinance No. 7-2024, the transit-related services special tax for Zone 34 shall take effect immediately, so that taxes will first be collected hereunder for the tax year beginning July 1, 2025.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 7th day of October 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

David Sander, Mayor

Stacy Leitner, CMC
City Clerk

ITEM 15.7.

ATTACHMENT 2

Project: The Preserve
This special tax ballot is for the use of the property owner of the parcel identified below, which parcel is located within t he proposed Rancho Cordova Transit -Related Services Special Tax Area Zone 34 , City of Rancho Cordova, County of Sacramento, State of California. Contact the City Clerk, at (916) 851 -8700, if the name set forth below is incorrect or if you are no longer the owner representative of this parcel. This special tax ballot may be used to express either support for, or opposition to, the proposed special tax. In order to be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person.

SUMMARY OF PROPERTY OWNER BALLOT PROCEDURES

1. Mark your vote on the enclosed Property Owner Ballot by placing an “X” in the appropriate box.

2. Mark, sign and date your Property Owner Ballot in ink. Property Owner Ballots received without a signature will not be counted.

Do not use pencil.

3. Place your ballot in an envelope and seal the envelope.

4. Property Owner Ballots may be mailed, or hand delivered to the City Clerk’s office at 2729 Prospect Park Drive, Rancho Cordova, CA 95670.

5. The City MUST receive all Property Owner Ballots before by 1:30 p.m. on Tuesday, September 24, 2024. Any Property Owner Ballot received after this time cannot legally be counted. Postmarks will not be accepted, and ballots received after the deadline will not be counted. (Property Owner Ballots may be delivered to the City Clerk prior to this date and time during normal business hours.)

6. The tabulation of Property Owner Ballots will be performed by the City Clerk after 1:30 p.m. on Tuesday, September 24, 2024.

7. The City Clerk shall not disclose the contents of any ballot in such a way as to identify how a property owner voted until the ballots become public record.

8. The City Council may establish the Rancho Cordova Transit-Related Services Special Tax Area Zone 34 only if a majority of the Property Owner Ballots returned are in favor of the Fee.

The City of Rancho Cordova complies with the Americans with Disabilities Act. If you are a qualified individual with a disability and need assistance with completing or returning the enclosed ballot, please contact the City Clerk’s office at (916) 851-8720.

ITEM 15.7.

ATTACHMENT 2

ITEM 15.7.

ATTACHMENT 3

MEMORANDUM
City Council Staff Report - Page 1 of 1
ITEM 15.8.

DATE: October 7, 2024
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director

SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2024-218 WITH SACRAMENTO REGIONAL
TRANSIT DISTRICT IN AN AMOUNT NOT TO EXCEED $212,344 FOR

LIGHT RAIL STATION CLEANING AND MAINTENANCE SERVICES

RECOMMENDATION
Adopt the Resolution.

RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute a contract with Sacramento Regional Transit District (RT) for an amount not to exceed $212,344 for light rail station cleaning and maintenance services at the four light rail stations in Rancho Cordova.

BACKGROUND
Since April 2015, the City has been in partnership with Sacramento Regional Transit District (RT) to provide cleaning and general maintenance services for the four light rail stations and the RT soundwall within the City limits. The scope of this work includes litter and graffiti removal, trash management and landscape maintenance. City maintenance crews are deployed daily from Monday through Friday to each of the four stations to maintain cleanliness and ensure a positive environment for riders. This partnership has been instrumental in keeping the stations and the soundwall in excellent condition, contributing to the community's esthetics and providing a welcoming atmosphere for the commuters who use these facilities daily.

Given the success of this partnership, both the City and RT have expressed a desire to continue the collaboration. To account for the increased costs associated with these maintenance activities, a new agreement is proposed. The new RT funded contract will extend the partnership, with the term set to end on June 30, 2026.

FISCAL IMPACT AND FUNDING SOURCE
The proposed contract requires RT to pay the City for maintenance services at the four light rail stations in Rancho Cordova. There is no fiscal impact on the City's General Fund.

ATTACHMENT(S)

1. Resolution

2. Contract No. 2024-218

ITEM 15.8. ATTACHMENT 1 Resolution No. XX-2024 Page 1 of 1

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. 2024-218 WITH THE SACRAMENTO REGIONAL TRANSIT DISTRICT IN AN AMOUNT NOT TO EXCEED $212,344 FOR LIGHT RAIL STATION MAINTENANCE SERVICES

WHEREAS, since April 2015, the City of Rancho Cordova has been in partnership with Sacramento Regional Transit District (RT) to provide cleaning and general maintenance services for the four light rail stations and the RT soundwall within the City; and WHEREAS, the collaboration between the City and RT has been very effective in improving the cleanliness and appearance of the four light rail stations in Rancho Cordova; and

WHEREAS, both parties wish to enter into a new two-year agreement in an amount not to exceed $212,344; and

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

WHEREAS, the proposed contract requires RT to pay the City for maintenance services and there is no fiscal impact on 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. 2024-218 with the Sacramento Regional Transit District in an amount not to exceed $212,344 in a form approved by the City Attorney.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 7th day of October 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

David Sander, Mayor

Stacy Leitner, CMC
City Clerk

RANCHO CORDOVA CONTRACT NO 2024-218
Light Rail Station Cleaning and Maintenance Agreement
City of Rancho Cordova
1 LIGHT RAIL STATION CLEANING AND MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into on _____________ ___, 2024 , (“Effective Date”) by and between the CITY OF RANCHO CORDOVA, a California municipal corporation, hereinafter “City,” and SACRAMENTO REGIONAL TRANSIT DISTRICT, a public corporation, hereinafter “SacRT.”

RECITALS
WHEREAS, SacRT currently performs cleaning and maintenance at SacRT’s Mather Field/Mills, Zinfandel, Cordova Town Center and Sunrise light rail station platforms, park and ride lots, and the Coloma pedestrian crossing located in the City of Rancho Cordova as depicted in Exhibits A1 through A4 , attached hereto (hereinafter “Premises”); and
WHEREAS, City supplements SacRT’s cleaning and maintenance work on the Premises and the parties desire for this supplemental work to continue.

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

1. CLEANING AND MAINTENANCE SERVICES. Throughout the term of this Agreement City must, on a weekly basis, remove all litter, empty trash cans, sweep, and remove graffiti at the Premises. City must perform work within SacRT’s light rail station platforms and the station parking lots. The work will be performed by City four days a week. However, City must not perform work in the Sacramento -Placerville Transportation Corridor Joint Powers Authority’s right of way, or within 20 feet of SacRT’s light rail tracks nor may any tools be used near any gated areas. SacRT will also forward all complaints and comments to City regarding cleaning and maintenance issues at the Premises. City must address the issue or notify SacRT’s Facilities Maintenance Superintendent of its intended response to the issue, within 7 days of receipt of complaint or comment. All com plaints will come from either SacRT’s Customer Advocacy Department or SacRT’s Facilities Department.

Additionally, City may install and regularly maintain plants, trees, ground covers, and other landscaping materials and irrigation systems; perform site cleanup, trimming, removal, composting, and fertilization; chemical or mechanical weed abatement; diagnose specific landscaping problems and make recommendations for correcting the problems; and perform inspections of the light rail stations.

SacRT will maintain inspection records; interpret work orders; assist in preventive maintenance, troubleshooting and repairs at light rail stations, park and ride facilities, buildings and future use properties involving carpentry, masonry and other trades such as but not limited to asphalt work, use of decomposed granite and concrete, and masonry work; signage, plumbing and irrigation systems work; and analyze and diagnose flora and equipment problems.

All work under this Agreement must be accomplished in a safe manner and in accordance with all SacRT rules and policies to include all required training for each person working on SacRT property and must further comply with California Public Utilities Commission (CPUC) and Federal Railroad Commission (FRA) rules governing work around railways. City’s employees and contractors must wear high visibility vests at all times while on the Premises. City will provide and maintain all equipment and supplies necessary to perform this work. All garbage must be removed and properly disposed of in accordance with all applicable federal, state, and local laws and regulations.

2. SAFETY TRAINING. City’s employees, contractors, agents, volunteers, or any other individuals performing work under this Agreement must attend SacRT’s “On Track Safety” course prior to commencing work under this Agreement, and annually thereafter, and must comply with all federal, state, and local regulations including Cal/OSHA and CPUC regulations, including CPUC General Order 175 – Roadway Worker Protection. Only those individuals who have attended SacRT’s “On Track Safety” course may work within the Premises.

3. PREVAILING WAGES. Portions of the work to be performed under this Agreement constitute “public works” as defined in Labor Code sections 1720 -1720.9 and 1771. City must perform, and cause its ITEM 15.8.

ATTACHMENT 2

RANCHO CORDOVA CONTRACT NO 2024-218

Light Rail Station Cleaning and Maintenance Agreement
City of Rancho Cordova
2 contractors to perform, all public works in compliance with Division 2, Part 7, Chapter 1 of the Labor Code section 1720 et seq. and all regulations adopted pursuant thereto, including the payment of prevailing wages (Labor Code section 1771) and forfeiture for violations of the maximum worker service hours per day and per week (Labor Code section 1813). For federally funded contracts, wage rates are subject to modification to comply with revisions in the federal minimum wage schedule (Labor Code section 1740). A copy of the prevailing wage rates applicable to work performed under this Agreement is available in SacRT’s Procurement office at 2816 N Street, Sacramento, CA 95816, which will be made available to the City and City’s contractors upon request (Labor Code section 1773.2). City must require that any contractor or subcontractor performing work contemplated under this Agreement on behalf of City comply with the payroll recordation requirements set out in Labor Code section 1776 and the apprenticeship requirements set out in Labor Code section 1777.5. City must require all contractors or subcontractors performing wo rk contemplated under this Agreement to post a copy of the prevailing wage determination at each work site (Labor Code section 1773.2). Any contractor or subcontractor performing work under this Agreement must be currently registered and qualified to perform public work pursuant to Labor Code section 1725.5 (Labor Code section 1771.1). This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (See Labor Code sections 1771.4 and 1775).

Pursuant to the requirements of Labor Code section 1860, CITY must secure the payment of workers’ compensation to its employees in accordance with the provisions of Labor Code section 3700. Prior to the commencement of work, City must sign and file with the SacRT Director, Facilities a certification in the following form as set forth in Labor Code section 1861:

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.

This certification is hereby incorporated in the Agreement and execution of the Agreement by City will constitute the signing and filing of the required certificate.

If any work under this Agreement is to be performed by contractors or subcontractors on behalf of City, City must also ensure that such contractors or subcontractors secure the payment of workers compensation in accordance with Labor Code section 3700 and sign and file the certification required under Labor Code section 1861 with the SacRT Director, Facilities prior to the commencement of work by the contractor or subcontractor.

City must, and hereby agrees to, indemnify, defend with counsel approved by SacRT, protect and hold harmless SacRT from and against any and all claims, 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, the failure to comply with any federal or state labor laws, regulations or standards in connection with all work pursuant to this Agreement, whether or not any insurance policies have been determined to be applicable to any such claims and whether or not such claims are brought by employees of contractors or subcontractors.

4. TERM. This Agreement will commence on July 1, 2024, and terminate on June 30, 20 26 (hereinafter “Term”) unless sooner terminated or cancelled.

5. TOTAL CONSIDERATION. The total consideration payable to City may not exceed the amount of $212,344. This amount is established for SacRT budgetary purposes and does not constitute a contractual commitment by SacRT to retain City to such an extent, or a commitment by City to provide all required services within the amount so established. City may not provide services that are billable to SacRT in an amount exceeding the amount of the total consideration provided above unless approved in advance by written amendment to this Agreement.

Because the term of this Agreement spans more than one SacRT fiscal year (beginning July 1st and ending the following June 30th), the parties agree that if SacRT does not budget sufficient funds for the services for any SacRT fiscal year beginning after the Effective Date, then SacRT may terminate this Agreement effective upon giving written notice of termination to City. If SacRT terminates this Agreement under this provision or for its convenience as provided in Article 9 ( Termination for Convenience ), SacRT will pay City invoices for services provided prior to the effective date of the termination, but in no event will SacRT be liable for any premium charges or extraordinary costs based on the early termination. City is not ITEM 15.8.

ATTACHMENT 2

RANCHO CORDOVA CONTRACT NO 2024-218

Light Rail Station Cleaning and Maintenance Agreement
City of Rancho Cordova
3 obligated to perform any of its obligations under this Agreement after its termination, except those that survive the termination or expiration of this Agreement as further set forth herein. If the amount budgeted for this Agreement is reduced in any SacRT fiscal year beginning after the Effective Date, SacRT has the option to terminate this Agreement as provided above or to offer an amendment to City to reflect any changed terms and conditions.

6. METHOD OF PAYMENT.

A. For the first quarter of the Contract term, SacRT will pay City $26,543 within 45 calendar days of execution of this Agreement to cover the services provided during the first quarter commencing July 1, 2024, and ending September 30, 2024. Thereafter, each quarterly payment will be due on the first day of the first month of the applicable quarter and will be in the amount of $26,543 per quarter for City’s cleaning and maintenance services, subject to the maximum consideration set out in Article 5. City must submit a quarterly invoice, on or before the 10 th of the first month of the quarter, for review and approval by SacRT’s Facilities Superintendent, setting forth the work to be performed, including dates and locations, in compliance with this Agreement. City must also provide SacRT’s Facilities Superintendent with monthly reports on or before the 10th of each month confirming the dates of location of services performed in the previous month. City must reference No. 45000 69576 on its invoices.

SacRT will pay each approved invoice within 30 days of receipt thereof, subject to the provisions set out in Paragraph B. Upon early cancellation or termination of this Agreement, City must submit a report to SacRT’s Facilities Superintendent describing work completed for the quarter up to the date of cancellation or termination and must return to SacRT the advanced payment for the remainder of the quarter on a pro rata basis within 30 days.

B. SacRT may withhold payment of all or part of the amount invoiced by City if SacRT determines that one or more of the following exist:

1. The Services do not conform to the requirements set out in this Agreement;

2. City has damaged RT’s property or a third party’s person or property;

3. City failed to maintain required insurance coverage; or

4. City persistently fails to carry out the work in accordance with this Agreement.

If SacRT disputes payment of any item on the invoice for one or more of the reasons set out above, the amounts and reasons for withholding or deducting payment will be documented to City within 30 days after receipt of invoice by SacRT. SacRT will assign a sequential reference number to each deduction. SacRT will not delay payment for the undisputed portions of the invoice. All invoices will be due no later than 30 days after completion and acceptance of the work under this Agreement.

C. Unless otherwise agreed, payment against invoice will be delivered by first class mail through the facilities of the US Post Office, postage prepaid, addressed to the applicable party in the manner set forth in Article 37 (Notices). Payment against inv oice will be deemed to be made in Sacramento, California, whether or not payment is addressed to a different location or delivered in another manner.

7. CANCELLATION FOR BREACH. If either party to this Agreement fails to substantially perform its obligations in accordance with this Agreement, the other party may send the breaching party a written notice specifying the basis of the breach and an opportunity to cure within a reasona ble time period of at least 30 days. If the breaching party fails to cure within the period specified, the other party may cancel the Agreement by written notice for breach as of the date specified in that notice.

If it is subsequently determined that the breaching party did substantially perform its obligations in accordance with this Agreement, then the party that cancelled the Agreement for breach will be deemed to have terminated this Agreement for its convenience in whole.

8. OPPORTUNITY TO CURE. Either party may terminate this Agreement immediately following written notice if the other party is in default as to any of its material obligations hereunder, provided that: (a) the defaulting party has received a written notice containing a reasonably complete description of the default; and (b) the defaulting party has failed to cure the default within 30 calendar days after receiving such notice; provided that if such failure is capable of cure but cannot be cured during such 30 -day period, no event of default may occur so long as the defaulting party is diligently attempting to cure and does so within such additional period of time as is approved in writing by the non-defaulting party.

ITEM 15.8.

ATTACHMENT 2

RANCHO CORDOVA CONTRACT NO 2024-218

Light Rail Station Cleaning and Maintenance Agreement
City of Rancho Cordova
4 9. TERMINATION FOR CONVENIENCE. Either party to this Agreement may terminate this Agreement for its convenience in whole or in part at any time upon 30 days’ advanced written notice to the other party specifying the effective date of termination.

10. INDEMNIFICATION. To the extent permitted by law , City, as Indemnitor, does hereby assume responsibility and liability for, and agrees to defend, indemnify, protect, save and keep harmless SacRT, as Indemnitee, including any and all of its directors, officers, employees, and its successors and assigns from and against any and all liabilities, obligations, losses, damages, penalties, fines, claims, actions, suits, costs and expenses and disbursements including reasonable attorneys' fees and expenses (includin g allocated costs of SacRT staff attorneys), whether direct or indirect, caused by the negligent or wrongful act or omission of Indemnitor, including, without limitation, Indemnitor’s officers, agents, employees, volunteers or contractors, arising out of or resulting from Indemni tor’s performance of its obligations under this Agreement, but not to the extent of SacRT's sole negligence or willful misconduct.

Indemnitor must, upon Indemnitee’s request, defend at its sole cost any suit asserting a claim covered by this indemnity provision. The parties must cooperate in the defense of such actions brought by others with respect to the matters covered in this indemnity.

The foregoing right to indemnify will be in addition to, and not exclusive of, any other legal, equitable or statutory right(s) of indemnification to which a party may be entitled, and will not be invalidated due to the expiration, termination, or cancellation of this Agreement.

11. INSURANCE. City and its contractors , at its sole cost and expense and for the full term of this Agreement or any renewal thereof, must obtain and maintain at least all of the following minimum insurance and endorsement requirements prior to commencing any work and or receiving payments under this Agreement. The insurance requirements set out below may be satisfied in whole or in part by City through an affidavit of self-insurance up to the required limit of $2,000,000. Within 30 days of the date of execution, City must provide a written statement specifying the coverage and limits of its self -insurance and, for any insurance requirements not satisfied through self-insurance, the proof of insurance set forth above:

A. COMMERCIAL GENERAL LIABILITY: A policy on an occurrence form in an ISO form CG-00-01 or equivalent policy including on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence, and $2,000,000 aggregate.

B. COMMERCIAL BUSINESS AUTO: A policy on an occurrence form in an ISO form CA -00-01 with a minimum limit of not less than $ 1,000,000 combined single limit for bodily injury and property damage, providing that coverages must be applicable to any and all leased, owned, hired (Code 8), or non -owned vehicles (Code 9) used in pursuit of any of the activities associated with this Agreement.

C. A WORKERS’ COMPENSATION AND EMPLOYERS’ LIABILITY policy written in accordance with the laws of the State of California and providing coverage for any and all of City’s employees:

1. This policy must provide statutory coverage for Workers’ Compensation (Coverage A).

2. This policy must also provide coverage for $1,000,000 Employers’ Liability for each employee, accident, and policy aggregate (Coverage B).

D. ENDORSEMENTS: The following endorsements are required to be added to the specified policies:

1. SacRT, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of City, including materials, parts, or equipment furnished in connection with such work or operations. Commercial General Liability coverage can be provided in the form of an endorsement to City’s insurance (at least as broad as ISO Form CG 20 10 11 85 or, if not available, through the addition of both C G 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

ITEM 15.8.

ATTACHMENT 2

RANCHO CORDOVA CONTRACT NO 2024-218

Light Rail Station Cleaning and Maintenance Agreement
City of Rancho Cordova
5 If there is a self-insured retention (SIR) or liability deductible, the language of the endorsement must stipulate anyone can satisfy the SIR or liability deductible. Any SIR or liability deductible over the amount of $25 0,000 must be pre -approved by SacRT. A copy of the actual endorsement must be included with the insurance certificate.

2. For any claims related to this Agreement, City’s insurance coverage must be primary coverage at least as broad as ISO CG 20 01 04 13 as respects SacRT, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by SacRT, its officers, officials, employees, or volunteers will be excess of the City’s insurance and not contribute with it.

3. City hereby grants to SacRT a waiver of any right to subrogation which any insurer of City may acquire against SacRT by virtue of the payment of any loss under such insurance. City must obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not SacRT has received a waiver of subrogation endorsement from the insurer. City’s insurer must agree to waive the right of subrogation against SacRT for the following policies:
a) Worker’s Compensation policy
b) General liability
c) Auto liability

4. Each of the required insurance policies must act for each insured, and additional insured as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company.

E. SPECIAL PROVISIONS:

1. Insurance must be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to SacRT.

2. Self-insured retentions must be declared to and approved by SacRT. SacRT may require the City to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language must provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or SacRT. City is solely responsible for payment of all deductibles and self- insured retentions.

3. The limits specified above are minimum limits that must be maintained by City. If City maintains higher limits, SacRT requires and is entitled to the higher limits maintained by City. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage must be available to SacRT.

4. If any of the required policies provide coverage on a claims-made basis:
a) The retroactive date must be shown and must be before the Contract date or the beginning of Contract work.
b) Insurance must be maintained , and evidence of insurance must be provided for at least one (1) year after completion of work under the Agreement. c) If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, City must purchase “extended reporting” coverage for a minimum of one (1) year after completion of work.

ITEM 15.8.

ATTACHMENT 2

RANCHO CORDOVA CONTRACT NO 2024-218

Light Rail Station Cleaning and Maintenance Agreement
City of Rancho Cordova
6 5. The foregoing requirements as to the types and limits of insurance coverage to be maintained by City, and any approval of the insurance by the Board, SacRT, or their insurance consultant(s) are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by City pursuant to this Agreement, including but not limited to the provisions concerning indemnification.

6. SacRT reserves the right to withhold payment to City in the event of material non -compliance with the Insurance Requirements outlined above.

F VERIFICATION OF COVERAGE: City must furnish SacRT with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to SacRT before work begins. Failure to obtain the required documents prior to the work beginning does not waive City’s obligation to provide them. SacRT reserves the right to req uire complete, certified copies of all required insurance policies, including endorsements required by these requirements, at any time.

G. PROOF OF COVERAGE: All required ENDORSEMENTS must be attached to the CERTIFICATE OF INSURANCE, which must be provided by City’s insurance company and or broker as evidence of the stipulated coverages, including any renewals during the term of the Agreement, then mailed and or emailed to:

Sacramento Regional Transit District
Attn: [email protected]

Thirty days’ prior written notice of cancellation must be given to SacRT in the event of a change in policy or cancellation of policy. All such notices must be sent to the address above.

12. FEDERAL GRANT CONDITIONS. This Agreement is subject to a financial assistance Contract between SacRT and the United States of America (hereinafter "Federal Government"), acting through the Department of Transportation (hereinafter "U.S. DOT"), and Federal Transit Administration (hereinafter "FTA"). City must at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between SacRT and FTA, as it may be amended or promulgated from time to time during the term of this Agreement.

City’s failure to so comply constitutes a material breach of this Agreement. If such changes cause an increase or decrease in the work to be performed by City or the time for such performance, then the compensation to be paid to City and time of performance will be equitably adjusted.

13. NON-LIABILITY OF FEDERAL GOVERNMENT.

A. City acknowledges and agrees that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Agreement, absent the express written consent by the Federal Government, the Federal Government is not a party to this Agreement and will not be subject to any obligations or liabilities to City, or any other party, (whether or not a party to that Agreement) pertaining to any matter resulting from the underlying Agreement.

B. City must include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA.

14. FALSE STATEMENTS.

A. City acknowledges that the provisions of the Program Fraud Civil Act of 1986, as amended, 31 U.S.C. section 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Agreement. Upon execution of this Agreement, City certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the Agreement. In addition to other penalties that may be applicable, CITY further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on City to the extent the Federal Government deems appropriate.

ITEM 15.8.

ATTACHMENT 2

RANCHO CORDOVA CONTRACT NO 2024-218

Light Rail Station Cleaning and Maintenance Agreement
City of Rancho Cordova
7 B. City also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under this Agreement that is financed in whole or in part with Federal assistance original ly awarded by FTA under the authority of 49 U.S.C. section 5307, the Government reserves the right to impose the penalties of 18 U.S.C. section 1001 and 49 U.S.C. section 5307(n)(1) on City, to the extent the Federal Government deems appropriate.

C. City must include the above clauses in each subcontract under this Agreement. It is further agreed that the clause will not be modified, except to identify the subcontractor who will be subject to its provisions.

15. ALLOWABLE COSTS. With respect to noncompetitively bid Agreements and Change Order(s) to all Agreements, costs incurred by City will be allowable to the extent that they meet all of the requirements set forth below. They must:

A. Be made in conformance with the Scope of Work and all other provisions of the Agreement; B. Be necessary in order to accomplish the Agreement;
C. Be reasonable in an amount for the goods or services purchased; D. Be actual net cost to City (i.e., the price paid minus any refunds, rebates, or other items of value received by City that have the effect of reducing the cost actually incurred); E. Be incurred (and be for work performed) after the effective date of the Agreement or Change Order unless specific authorization from the SacRT to the contrary is received; F. Unless permitted otherwise by Federal statute or regulation, conform with FTA guidelines and regulations (2 C.F.R. Part 1201), Federal cost principles (48 C.F.R. Part 31), and the Office of Management Super Circular (2 C.F.R. Part 200), as applicable; G. Be satisfactorily documented;
H. Be treated uniformly and consistently under accounting principles and procedures approved and prescribed by SacRT; and
I. Be supported by properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges.

City must include these clauses in each subcontract under this Agreement.

16. AUDIT AND INSPECTION.

A. City must provide SacRT, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers, and records of City that are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts and transcriptions. City also agrees, pursuant to 49 C.F.R. section 633.17, to provide the FTA Administrator or their authorized representatives, including any PMO City access to City’s records and constructi on sites pertaining to a major capital project, defined at 49 U.S.C. section 5302(a)(1), that is receiving federal financial assistance through the programs described at 49 U.S.C. sections 5307, 5309 or 5311.

B. City must permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. City must maintain all books, records, accounts, and reports required under this Agreement for a period of not less than three years after the date of termination or expiration of this Agreement, except in the event of litigation or settlement of claims arising from the performance of this Agreement, in which case City must maintain same until SacRT, the FTA Administrat or, the Comptroller General, or any of their duly authorized representative, have disposed of all such litigation, appeals, claims, or exceptions related thereto (49 C.F.R. section 18.39(i)(11)).

City must include the above clauses in each subcontract under this Agreement.

17. SMALL, MINORITY, WOMEN, AND DISADVANTAGED BUSINESS ENTERPRISE. Neither City nor its subcontractors(s) may discriminate on the basis of race, color, national origin or sex in the performance of this Agreement. City must include applicable requirements of 49 C.F.R. Part 26 in the award, administration and performance of this Agreement and any subcontracts. City must take steps to assure that qualified small, minority, women and disadvantaged business enterprises are used when possible and to the fullest ext ent practicable. City must make information available to potentially qualified firms about procurement opportunities. City must divide total requirements, when economically feasible, into smaller tasks or quantities and establish delivery schedules to encourage the participation of small, minority, women ITEM 15.8.

ATTACHMENT 2

RANCHO CORDOVA CONTRACT NO 2024-218

Light Rail Station Cleaning and Maintenance Agreement
City of Rancho Cordova
8 and disadvantaged business enterprises. City must seek the assistance of the Small Business Administration and the Department of Commerce’s Minority Business Development Agency to facilitate the participation of small, minority, women and disadvantaged business enterprises. Failure by City to carry out these requirements is a material breach of this Agreement, which may result in the termination of the Agreement or such other remedy as SacRT deems appropriate.

18. NONDISCRIMINATION. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. section 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. section 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. section 12132, and Federal transit law at 49 U.S.C. section 5332, City may not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, City must comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

19. EMPLOYMENT OF LABORERS AND MECHANICS ( CONTRACTS OVER $100K). The wages of any laborer or mechanic employed in the performance of this Agreement must be computed on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 ½ times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. This clause implements section 102 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. section 3702 and the Department of Labor Regulati ons, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Constructs Subject to the Contract Work Hours and Safety Standards Act,” 29 C.F.R. Part 5.

20. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Agreement, City must:

A. In accordance with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. section 2000e, Federal transit laws at 49 U.S.C. section 5332, comply with all applicable equal employment opportunity requirements of US Department of Labor (US DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,“ 41 C.F.R.

Parts 60 et seq. (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. section 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect activities undertaken in the course of the Agreement.

B. Take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, national origin, sex, age or disability.

Such action may include, but not be limited to, the follow ing: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. In addition, comply with any implementing requirements FTA may issue.

C. In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. section 623 and Federal transit laws at 49 U.S.C. section 5332, refrain from discrimination against present and prospective employees for reason of age. In addition, comply with any implementing requirements FTA may issue.

D. In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. section 12112, comply with the requirements of U.S. Equal Employment Opportunity Commission "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilitie s. In addition, City must comply with any implementing requirements FTA may issue.

City must include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

21. ACCESS REQUIREMENTS FOR PERSONS WITH DISABILITIES. City must comply with the requirements that are applicable to this Agreement:

A. Title I of the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. section 12101 et seq.;
B. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. section 794; C. Section 16 of the Federal Transit Act, as amended, 49 U.S.C. section 5301 (d); ITEM 15.8.

ATTACHMENT 2

RANCHO CORDOVA CONTRACT NO 2024-218

Light Rail Station Cleaning and Maintenance Agreement
City of Rancho Cordova
9 D. U.S. DOT regulations, "Transportation for Individuals with Disabilities," 49 C.F.R. Parts 27, 37 , and 38 and 36 C.F.R. Part 1192;
E. U.S. Architectural and Transportation Barriers Compliance Board, "ADA Accessibility Guidelines for Buildings and Facilities," (ADAAG);
F. U.S. Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 C.F.R. Part 35;
G. U.S. DOJ Regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C.F.R. Part 36;
H. U.S. General Services Administration regulations, “Accommodations for the Physically Handicapped," 41 C.F.R. Subpart 101-19;
I. U.S. Equal Employment Opportunity Commission (EEOC), "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630.

J. U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 C.F.R. Part 64, Subpart F.

22. DISCRIMINATORY SPECIFICATIONS . City must comply with the provisions of 49 U.S.C. section 5323(h)(2) by refraining from including any exclusionary or discriminatory specifications in any solicitation or subcontract issued or executed by City for work to be performed under this Agreement.

23. SEISMIC SAFETY - BUILDING DESIGN AND CONSTRUCTION. In accordance with 42 U.S.C. section 7701 et seq., any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 C.F.R. Part 41 sections 41.117 and 41.120 and will certify to compliance to the extent required by the regulation. City also will ensure that all work performed under this Agreement, including work performed by a subcontractor, is in compliance with t he standards required by the Seismic Safety Regulations and the certification of compliance issued on the Project.

24. ENERGY CONSERVATION. City must comply with mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C. section 6321 et seq. and 49 C.F.R. Part 18.

25. MOTOR VEHICLE AND MOTOR VEHICLE ENGINE POLLUTION. City agrees that any vehicles acquired as a part of this Agreement must be designed and equipped to limit air pollution as provided in accordance with the following EPA regulations: "Control of Air Pollution from Motor Vehicles and Motor Vehicle Engines," 40 C.F.R. Part 85; "Control of Air Pollution from New and In-Use Motor Vehicles and New and In -Use Motor Vehicle Engines; Certification and Test Procedures," 40 C.F.R. Part 86; and "Fuel Economy of Motor Vehicles," 40 C.F.R. Part 600.

26. RECYCLED PRODUCTS. City must provide products and services that conserve natural resources, protect the environment, and are energy efficient in accordance with the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. section 6962), and the EPA guidelines, “Comprehensive Procurement Guidelines for Products Containing Recovered Materials,” 40 C.F.R. Part 247 through Part 253, In all subcontracts of $10,000 or more, City must give competitive preference to products and services that meet these criteria and contain recycled materials identified in the EPA guidelines.

27. LOBBYING RESTRICTIONS. City may not use any funds under this Agreement to support activities designed to influence Congress or any State Legislature on legislation or appropriation as prohibited by U.S. DOT regulations “New Restrictions on Lobbying” at 49 C.F.R. Part 20.100, as modif ied by 31 U.S.C. section 1352. City must ensure that each subcontractor performing work pursuant to the terms of this Agreement complies with the lobbying restrictions contained in 49 C.F.R. Part 20.100. Nothing in this Article will be construed to prohibit City or subcontractor from lobbying Congress or any State legislature using City’s own funds rather than the revenues received under this Agreement.

28. PROTECTION OF SENSITIVE SECURITY INFORMATION. If City is provided with access to SacRT sensitive security information, City and all subcontractors at each tier must protect the Sensitive Security Information in accordance with 49 U.S.C. section 40119(b) and implementing DOT regulations “Protection ITEM 15.8.

ATTACHMENT 2

RANCHO CORDOVA CONTRACT NO 2024-218

Light Rail Station Cleaning and Maintenance Agreement
City of Rancho Cordova
10 of Sensitive Security Information,” 49 C.F.R. Part 15, and with 49 U.S.C. section 114(s) implementing Department of Homeland Security regulations “Protection of Sensitive Security Information,” 49 C.F.R.

Part 1520 and any implementing regulations, requirements or guidelines that the Federal Government may issue.

29. SEAT BELTS. Pursuant to Executive Order No. 13043, “Increasing Seat Belt Use in the United States,” 23 U.S.C. section 402 note, City is encouraged to adopt on-the-job seat belt use policies and programs for its employees that operate company-owned, rented, or personally operated vehicles.

30. METRIC MEASUREMENTS. Where feasible, and to the extent practicable, SacRT will accept property and services with dimensions expressed in metric measures in compliance with the Metric Conversion act, as amended by the Omnibus Trade and Competitiveness Act, 15 U.S.C. sections 205a et seq.; Executive Order No. 12770, “Metric Usage in Federal Government Programs,” 07 -25-1991, 15 U.S.C. section 205a note; and DOT or FTA regulations and directives. If, for any given product or service provided under the Agreement, no measurement system is specified and City desires to provide the product or service with metric measures, City must confer with SacRT to determine whether it is feasible and practicable to do so.

31. LICENSES, PERMITS, TAXES, ETC. City represents and warrants to SacRT that City and its contractors have all licenses, permits, City/County Business Operations Tax Certificate(s), qualifications and approvals legally required to perform the work under this Agreement. City represents and warrants to SacRT that City and its contractors will, at their sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to the perform the work under this Agreement.

32. NONDISCRIMINATION.

A. During the performance of this Agreement, City and its contractors may not unlawfully discriminate, harass, or allow harassment, against any employee or applicant for employment because of sex, sexual orientation, gender, gender identity, gender expression, genetic information, race, color, ancestry, religion, national origin, physical disability, mental disability, medical condition, age, military or veteran status, marital status, family care, or pregnancy disability care leave. City and its contractors must ensure that the evaluation and treatment o f their employees and applicants for employment are free from such discrimination and harassment. City and its contractors must comply with the provisions of the Fair Employment and Housing Act (Government Code section 12900, et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, § 7285.0, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code sections 12990(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. City and its contractors must give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

B. City must include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.

33. MODIFICATION. No waiver, alteration, modification, or termination of this Agreement will be valid unless made in writing and signed by the authorized parties thereof.

34. THIRD PARTIES. Each party will be solely liable to third parties with whom it enters into contracts to effectuate the purpose of this Agreement and for those third-party contracts must (i) pay directly to the third party for all amounts owed, and (ii) indemnify and hold harmless the other party from any amounts owed to that third party. Nothing set forth in this Agreement will establish a standard of care for, or create any legal rights in, any person not a party to this Agreement.

35. WORKERS COMPENSATION. Neither party to this Agreement is responsible for providing payments or benefits to the other parties’ employees or contractors, including without limitation, workers compensation insurance or any other protective insurance coverage that is based upon the relationship of employer and employee.

ITEM 15.8.

ATTACHMENT 2

RANCHO CORDOVA CONTRACT NO 2024-218

Light Rail Station Cleaning and Maintenance Agreement
City of Rancho Cordova
11 36. RELATIONSHIP BETWEEN THE PARTIES. Nothing in this Agreement is intended to or will be construed to create any contractual or other relationship, whether expressed or implied, of joint power, joint venture, partnership, principal-agent, or master-servant. No City employees or City contractors performing work under this Agreement will be considered an employee of SacRT. SacRT will have no obligation to pay wage claims made against the City or SacRT by City employees or contractors performing work under this Agreement. This Agreement does not grant either party the power or authority to bind the other party in any respect.

37. NOTICES. All notices and other communications under this Agreement must be in writing and will be deemed to have been given (i) on the date of delivery, if delivered personally to the party to whom notice is given, or if made by facsimile or email directed to the p arty to whom notice is to be given at the telecopy number or e -mail address listed below, or (ii) at the earlier of actual receipt or the second business day following deposit in the United States mail, postage prepaid. Notices and other communi cations will be directed to the parties at the addresses shown below. A party may change its person designated to receive notice, its facsimile number, email address or its mailing address from time to time by giving notice to the other parties in accordance with the procedures set forth in this Article.

City: City of Rancho Cordova
Attn: Public Works Division Manager
3303 Luyung Drive
Rancho Cordova, CA 95742
Telephone: (916) 851-8710
Email: [email protected]

SacRT: Sacramento Regional Transit District
Attn: Facilities Superintendent
P.O. Box 2110
Sacramento, CA 95812-2110
Tel. (916) 203-4833
Email: [email protected]

38. GOVERNING LAW. The laws of the State of California, the state in which this Agreement is signed will govern the interpretation and enforcement of this Agreement. The parties will submit any disputes arising under this Agreement to a court of competent jurisdiction located in Sacramento, California.

39. SEVERABILITY. In any term, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid; the remainder of the Agreement will remain in effect.

40. AMBIGUITIES. The parties have each carefully reviewed this Agreement and have agreed to each term of this Agreement. No ambiguity will be presumed to be construed against either party.

41. SURVIVAL. The parties agree that their respective rights, duties, and obligations under any provision of this Agreement which by its terms imposes an obligation on SacRT and City that is continuing in nature will survive the expiration, cancellation or termination of this Agreement to the extent that such obligation remains unperformed as of the expiration or termination of this Agreement.

42. INTEGRATION. This Agreement along with all attachments and exhibits attached hereto embodies the entire agreement between the parties with respect to the subject matter hereunder and no other understanding, whether verbal, written or otherwise, exists between the parties.

43. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which are deemed to be an original, but all of which together constitute but one and the same instrument.

44. AUTHORITY TO BIND. Each of the signatories to this Agreement represent that they are authorized to sign this Agreement on behalf of such party and that all approvals, resolutions and consents that must ITEM 15.8.

ATTACHMENT 2

RANCHO CORDOVA CONTRACT NO 2024-218
Light Rail Station Cleaning and Maintenance Agreement
City of Rancho Cordova
12 be obtained to bind such party have been obtained and that no further approvals, acts or consents are required to bind such party to this Agreement.

45. 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.

IN WITNESS WHEREOF, the parties entered into this Agreement on the day and year first hereinabove appearing.

CITY OF RANCHO CORDOVA SACRAMENTO REGIONAL

TRANSIT DISTRICT
By: By:

Micah Runner
City Manager
Henry Li
General Manager/CEO
Approved as to Legal Form:

By: By:

Adam Lindgren OLGA SANCHEZ-OCHOA
City Attorney General Counsel
https://sacrt01.sharepoint.com/sites/teamsGeneralCounsel/Contracts/2024-2025 Fiscal Year/K24Q3/City of Rancho Cordova Light Rail Station Cleaning and Maintenance Agreement.docx
ITEM 15.8.

ATTACHMENT 2

RANCHO CORDOVA CONTRACT NO 2024-218

Light Rail Station Cleaning and Maintenance Agreement
City of Rancho Cordova
13 EXHIBITS A1 – A4

Mather/Mills station property

ITEM 15.8.

ATTACHMENT 2

RANCHO CORDOVA CONTRACT NO 2024-218

Light Rail Station Cleaning and Maintenance Agreement
City of Rancho Cordova
14 Zinfandel station property

ITEM 15.8.

ATTACHMENT 2

RANCHO CORDOVA CONTRACT NO 2024-218

Light Rail Station Cleaning and Maintenance Agreement
City of Rancho Cordova
15 Cordova Town station property

ITEM 15.8.

ATTACHMENT 2

RANCHO CORDOVA CONTRACT NO 2024-218

Light Rail Station Cleaning and Maintenance Agreement
City of Rancho Cordova
16 Sunrise station property

ITEM 15.8.

ATTACHMENT 2

MEMORANDUM

City Council Staff Report - Page 1 of 2

ITEM 15.9.

DATE: October 7, 2024

TO: Honorable Mayor and Council Members

FROM: Albert Stricker, Public Works Director
Dalia Fadl, Principal Engineer

SUBJECT: A RESOLUTION AUTHORIZING THE CITY COUNCIL TO APPROVE

THE THIRD AMENDMENT TO THE SACRAMENTO CENTRAL

GROUNDWATER AUTHORITY JOINT POWERS AGREEMENT

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would approve the third amendment to the Sacramento Central Groundwater Authority (SCGA) Joint Powers Agreement (JPA).

BACKGROUND

The Sacramento Central Groundwater Authority (SCGA) is a joint powers agency formed in 2006 to manage groundwater in a portion of Sacramento County between the American and Cosumnes Rivers. The County of Sacramento and the Cities of Elk Grove, Folsom, Rancho Cordova and Sacramento are signatories to the Joint Powers Agreement (JPA) and appoint representatives to the 14-member board of directors. On August 7, 2006, Rancho Cordova City Council authorized the creation of SCGA. The purpose of the SCGA is to ensure implementation of the Central Basin Management Objectives prescribed in the Groundwater Management Plan.

The JPA was first amended in 2017 to allow the Florin Resources Conservation District/Elk Grove Water Service, the Omochumne-Hartnell Water District, and the Rancho Murieta Community Services District to appoint a designated employee to the SCGA Governing Board.

The JPA was amended a second time to incorporate adjustment of SCGA’s boundaries and change in governing board membership based on the boundary adjustments, modify its governing board membership eligibility criteria, and update technical definitions.

The SCGA Board, at its August 14, 2024, meeting, voted unanimously to recommend changes to the Agreement (Attachment 3). These modifications are prompted by the desire of Sacramento County to discontinue services as treasurer and controller for SCGA. Sacramento County is specifically identified as the SCGA Treasurer in the Agreement (Section 13), so the Agreement must be amended to effect this change. The SCGA Board will contract with a consultant for accounting services, as well as appoint a treasurer that will replace the County's

City Council Staff Report - Page 2 of 2

role. Any amendments to the Agreement must be approved by each of the five signatory agencies.

A draft of proposed amendments is provided (Attachment 2). In addition to making the change to the treasurer role, other amendments include:
• Additional references to the Sustainable Groundwater Management Act (SGMA) as a defining purpose of SCGA
• Reflecting the revised name of Sacramento Area Sewer District • Reflecting the correct name of the Elk Grove Water District • Clarity where the term “Board” refers to the Sacramento County Board of Supervisors • Removal of the requirement that the Sacramento County Water Agency concur with the Board’s choice of an executive director (Section 14)
• Removal of language referring to the 2006 Groundwater Management Plan (Section 19) • Removal of language referring to the Well Protection Program (Section 20)

FISCAL IMPACT AND FUNDING SOURCE

This JPA amendment will have no fiscal impacts on the City's General Fund.

ATTACHMENT(S)

1. Resolution

2. Exhibit A to the Resolution - SCGA JPA 3rd Amendment

3. SCGA Board of Director's JPA 3rd Amendment Approval

ITEM 15.9. ATTACHMENT 1 Resolution No. XX-2024 Page 1 of 2

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2024

A RESOLUTION APPROVING THE THIRD AMENDMENT TO THE JOINT POWERS

AGREEMENT BETWEEN THE CITY OF ELK GROVE, THE CITY OF FOLSOM, THE CITY OF

RANCHO CORDOVA, THE CITY OF SACRAMENTO AND THE COUNTY OF

SACRAMENTO, STATE OF CALIFORNIA, CREATING THE SACRAMENTO CENTRAL

GROUNDWATER AUTHORITY

WHEREAS, the Sacramento Central Groundwater Authority (“SCGA”) was established on August 29, 2006 pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the California Government Code) by agreement of the County of Sacramento and the cities of Elk Grove, Folsom, Rancho Cordova, and Sacramento (“Parties”) to regulate groundwater by a collaborative process composed of stakeholders in the Central Sacramento County Groundwater Basin (“Central Basin”) and to develop and implement a groundwater management plan (“GMP”) to promote the use of groundwater resources within the Central Basin for agricultural and municipal and industrial uses in the public interest and for the common benefit of all water users within the County of Sacramento (“Agreement”); and

WHEREAS, the Agreement identifies SCGA’s governing body representing various public agencies and interests, sets the boundaries managed by SCGA, and sets membership criteria; and

WHEREAS, SCGA desires to amend the Agreement for the third time to discontinue Sacramento County’s services as treasurer and controller for SCGA, in addition to other revisions contained in the Third Amendment to the Agreement (Exhibit A). Sacramento County is specifically identified as the SCGA Treasurer in the Agreement (Section 13), so the Agreement must be amended to effect this change; and

WHEREAS, SCGA’s Board took formal action on August 14, 2024, recommending approval of the Third Amendment to the Agreement; and

WHEREAS, any amendment of the Agreement requires the affirmative vote of all governing bodies of the Parties.

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

1. Hereby approves the Third Amendment to the Joint Powers Agreement Between the City of Elk Grove, the City of Folsom, the City of Rancho Cordova, the City of Sacramento, and the County of Sacramento Creating the Sacramento Central Groundwater Authority (“Third Amendment”), in the form attached hereto as Exhibit A; and

2. Delegates authority to the Mayor to execute the Third Amendment to the Agreement.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 7th day of October 2024 by the following vote:

ITEM 15.9. ATTACHMENT 1 Resolution No. XX-2024 Page 2 of 2 AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

David Sander, Mayor

Stacy Leitner, CMC
City Clerk

DRAFT FOR CONSIDERATION BY THE BOARD OF DIRECTORS
SE

COND THIRD AMENDMENT TO THE JOINT POWERS AGREEMENT BETWEEN

THE CITY OF ELK GROVE, THE CITY OF FOLSOM, THE CITY OF RANCHO

CORDOVA, THE CITY OF SACRAMENTO AND THE COUNTY OF SACRAMENTO

CREATING THE SACRAMENTO CENTRAL GROUNDWATER AUTHORITY
This Second THIRD Amendment to the Joint Powers Agreement (“Second Amendm ent”) is made
and entered into this _____ day of _____________, 2024, by and between the City of Elk Gro
ve, a municipal corporation, the City of Folsom, a municipal corporation, the City of Rancho Cordova, a municipal corporation, the City of Sacramento, a municipal corporation, and the County of Sacramento, a political subdivision of the State of California.

RECITALS
WHEREAS, each of the parties to this Agreement is a local government entity functioning within the County of Sacramento; and
WHEREAS, pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the California Government Code), two or more public agencies may by agreement jointly exercise any power held in common by the agencies entering into such an agreement; and
WHEREAS, the Parties approved and fully executed the First Amendment to this Joint Powers Agreement on April 21, 2017 allowing non-elected staff of three Authority member entities to be nominated and appointed as Authority Board members; and WHEREAS, the Parties approved and fully executed the Second Amendment to this Joint Powers Agreement on July 25, 2022 adjusting the boundaries and removing two of the board seats; and
WH
EREAS, the Parties desire to further amend the Joint Powers Agreement to incorporate adjustment of the Authority’s boundaries, cha nge in governing board membership based on the boundary adjustments, modification to governing board membership eligibility criteria, and updated technical definitionsrescind the requirement that the County of Sacramento serve as Treasurer and Controller; remove references to the Central County Groundwater Management Plan and Well Protection Program; and remove the concurrence authority of the Sacramento County Water Agency in appointing the executive director.

ITEM 15.9.

ATTACHMENT 2
Exhibit A to the Resolution

DRAFT FOR CONSIDERATION BY THE BOARD OF DIRECTORS

WHEREAS, each of the parties hereto has under its police power the authority to regulate groundwater; and
WHEREAS, the parties are cognizant of the process commonly referred to as the Sacramento Area Water Forum (Water Forum) and of the Water Forum Agreement (WFA); and WHEREAS, the WFA provided for the creation of a collaborative process composed of stakeholders in the Central Sacramento County Groundwater Basin, then known as the South Basin, but now identified as the Sacramento Valley - South American Subbasin (State Department of Water Resources Groundwater Basin ID 5-021.65), also abbreviated herein as SASb, to develop a groundwater management plan (GMP) for the basin and make recommendations on how and by whom the basin should be managed and the GMP implemented; and
WHEREAS, in accordance with the provisions of the WFA, the Sacramento Area Water Forum Successor Effort convened such a collaborative process, known as the Central Sacramento County Groundwater Forum (CSCGF); and
WHEREAS, the CSCGF has completed its work on the GMP and recommended the establishment of a joint powers authority to manage the basin and implement the plan; and WHEREAS, the parties hereto find that it is to their mutual advantage and benefit, and in the public interest, to establish such an authority pursuant to this Agreement in order to implement the GMP developed by the CSCGF; and
WHEREAS, the parties hereto find and declare that the conservation of groundwater resources within the SASb for agricultural and municipal and industrial uses is in the public interest and for the common benefit of all water users within the County of Sacramento; and WHEREAS, one of the primary purposes of the joint powers authority established pursuant to this Agreement is to maintain the sustainable yield of the SASb as set forth in the GMP; and
WHEREAS, it is the desire of the parties hereto to use the groundwater management powers which they have in common that are necessary and appropriate to further the purposes for which the joint powers authority is being established; and ITEM 15.9.

ATTACHMENT 2
Exhibit A to the Resolution

DRAFT FOR CONSIDERATION BY THE BOARD OF DIRECTORS

WHEREAS, to accomplish the above stated goals and purposes, the Sacramento Central Groundwater Authority (SCGA) elected, by Resolution 2016-06, to become the Groundwater Sustainability Agency (GSA) pursuant to the Sustainable Groundwater Management Act (SGMA) for a portion of the groundwater subbasin overlying the County of Sacramento within the SASb and further identified as SCGA GSA, graphically depicted in Exhibit A and incorporated herein to this Agreement; and.

WHEREAS, the Sacramento Central Groundwater Authority, in partnership with five other GSAs, prepared, adopted and submitted a Groundwater Sustainability Plan (GSP) to the California Department of Water Resources in compliance with SGMA and the GSP was subsequently approved; and
WHEREAS, the parties hereto may amend this Agreement in the future to incorporate changes that may be the result of discussions with other public agencies both inside and outside the County of Sacramento which have a specific and relevant interest in the SASb.

NOW, THEREFORE, in consideration of the promises, terms, conditions, and covenants contained herein, the City of Elk Grove, the City of Folsom, the City of Rancho Cordova, and the City of Sacramento and the County of Sacramento hereby agree as follows:

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

2. Definitions. As used in this Agreement, the following words and phrases shall have the meanings set forth below unless the context clearly indicates otherwise. (a) “Authority” shall mean the Sacramento Central Groundwater Authority that is established pursuant to the Joint Powers Act and this Agreement. (b) “Conjunctive use” shall mean the planned management and use of both groundwater and surface water in order to maintain the sustainable yield of the SASb. (c) “SASb” shall mean Sacramento Valley - South American Subbasin (State Department of Water Resources Groundwater Basin ID 5-021.65).

ITEM 15.9.

ATTACHMENT 2
Exhibit A to the Resolution

DRAFT FOR CONSIDERATION BY THE BOARD OF DIRECTORS

(d) “Sustainable yield” shall mean the amount of groundwater which can be safely extracted from the SASb on an estimated average annual basis while maintaining groundwater elevations and groundwater quality at acceptable levels as set forth in the Groundwater Management Plan. Sustainable yield requires a balance between extraction and basin recharge and is expressed as the number of acre feet of groundwater per year which can be extracted from the SASb on an average annual basis as set forth in the GMP.
(e) “Conservation land owner” shall mean a non-profit land trust holding a fee or easement interest in one thousand five hundred (1500) acres or more of land located within the boundaries of the Authority, as defined in Section 4 below. (f) “Annual pumping” for purposes of determining assessments, fees or charges for management and operations of the Authority shall mean the total amount of groundwater produced within the boundaries of the Authority by each retail provider, by agricultural interests, by agricultural-residential groundwater users, by commercial/industrial self supplied groundwater users and by public agency self -supplied groundwater users, for use within the boundaries of the Authority and other areas approved by the Authority’s Board of Directors excluding the first five thousand (5000) acre-feet of groundwater pumping by each such user.
(g) “GMP” means the Central Sacramento Groundwater Management Plan produced by the Central Sacramento County Groundwater Forum and dated February 2006.

3. Purpose. This Agreement is being entered into in order to establish a joint powers authority for the following purposes:
(a) to maintain the long-term sustainable yield of the SASb; (b) to ensure implementation of the Basin Management Objectives that are prescribed by the GMP;
(c) to oversee the operation of any Well Protection Program that may be prescribed by the GMP;
(d) to manage the use of groundwater within the boundaries of the Authority and facilitate implementation of an appropriate conjunctive use program by water ITEM 15.9.

ATTACHMENT 2
Exhibit A to the Resolution

DRAFT FOR CONSIDERATION BY THE BOARD OF DIRECTORS

purveyors; (e) to coordinate efforts among those entities represented on the governing body of the joint powers authority to devise and implement strategies to safeguard groundwater quality; and
(f) to work collaboratively with other entities, including the Sacramento Groundwater Authority, the Southeast Sacramento County Agriculture Water Authority and other groundwater management authorities that may be formed in the County of Sacramento and adjacent political jurisdictions, in order to promote coordination of policies and activities throughout the region.

4. Establishment Of The Authority. There is hereby established pursuant to the Joint Exercise of Powers Act a joint powers authority which shall be a public entity separate from the parties to this Agreement. The name of such entity shall be the Sacramento Central Groundwater Authority. The boundaries of the Authority shall be as follows: That portion of the Sacramento Valley South American Subbasin (Basin 5-21.65) bounded on the north by the American River; bounded on the south by the Cosumnes River to the intersection with State Highway 99, Grant Line Road to the intersection with Jackson Highway, and the southern boundary of Kiefer Landfill; on the west by the Sacramento River and Interstate 5, and on the east by the Sacramento County Urban Services Boundary, as further and more precisely depicted in the boundary map, attached hereto and incorporated herein as Exhibit A.

5. Membership Of The Governing Board. The governing body of the Authority shall be a Board of Directors of fourteen (14) members consisting of the following representatives who shall be appointed in the manner set forth in Section 7 of this Agreement:
(a) An elected member of the governing board or designated employee of each of the following public agencies: the City of Elk Grove, the City of Folsom, the City of Rancho Cordova, the City of Sacramento, the County of Sacramento and the Sacramento Regional County SanitationArea Sewer District.
(b) An elected member of the governing board or designated employee of the Florin Resource Conservation District/Elk Grove Water District.

ITEM 15.9.

ATTACHMENT 2
Exhibit A to the Resolution

DRAFT FOR CONSIDERATION BY THE BOARD OF DIRECTORS

(c) A member of the board of directors, or designee thereof, of each of the following private water purveyors or investor owned utilities the California-American Water Company, and the Golden State Water Company.
(d) One representative of agricultural interests within the boundaries of the Authority. (e) One representative of agriculture-residential groundwater users within the boundaries of the Authority.
(f) One representative of commercial/industrial self-supplied groundwater users within the boundaries of the Authority.
(g) One representative of conservation landowners within the boundaries of the Authority.
(h) One representative of public agencies that are self-supplied groundwater users within the boundaries of the Authority.

6. Adjustment To Composition Of Governing Board. Should circumstances change in the future, any person or entity may petition the parties hereto to amend this Agreement so as to add or delete representatives to the governing board to accurately reflect groundwater production within the boundaries of the Authority.

7. Appointment Of Members Of Governing Board.
(a) The members of the governing board of the Authority shall be appointed as follows:
(i) The City of Elk Grove representative shall be appointed by the Elk Grove City Council.
(ii) The City of Folsom representative shall be appointed by the Folsom City Council.
(iii) The City of Rancho Cordova representative shall be appointed by the Rancho Cordova City Council.
(iv) The City of Sacramento representative shall be appointed by the Sacramento City Council.

ITEM 15.9.

ATTACHMENT 2
Exhibit A to the Resolution

DRAFT FOR CONSIDERATION BY THE BOARD OF DIRECTORS

(v) The County of Sacramento representative shall be appointed by the Sacramento County Board of Supervisors (“Board”).
(vi) The Florin Resource Conservation District/Elk Grove Water Service District representative shall be appointed by the Elk Grove C ity Council. (vii) The Golden State Water Company representative shall be appointed by the Rancho Cordova City Council.
(viii) The California-American Water Company representative shall be appointed by the Sacramento County Board of Supervisors. (ix) In addition to the representative of the County of Sacramento provided for in Section 7 (a)(v), the following representatives shall be appointed by the Sacramento County Board of Supervisors:

1. Agricultural interests. After considering the nomination by the Sacramento County Farm Bureau, as required by sub-section (b) of this Section, the Sacramento County Board of Supervisors shall appoint the representative of agricultural interests.

2. Agriculture-residential groundwater users. After considering the nomination by the Vineyard Community Advisory Council in consultation with adjacent Councils within the SASb, as required by sub-section (b) of this Section, the Sacramento County Board of Supervisors shall appoint the representative of agricultural/ residential groundwater users.

3. Commercial/industrial self-supplied groundwater users. After considering the joint nomination by the Sacramento Metropolitan Chamber of Commerce and the Building Industry Association in consultation with commercial/industrial self-supplied groundwater users and business organizations that are signatories to the Water Forum Agreement, as required by sub-section (b) of this Section, the Sacramento County Board of Supervisors shall appoint the ITEM 15.9.

ATTACHMENT 2
Exhibit A to the Resolution

DRAFT FOR CONSIDERATION BY THE BOARD OF DIRECTORS

representative of commercial/industrial self-supplied groundwater users.

4. Conservation landowners. After considering the nomination by conservation landowners holding a fee or easement interest in one thousand five hundred (1500) acres or more within the boundaries of the Authority in consultation with environmental and community organizations that are signatories to the Water Forum Agreement, as required by sub-section (b) of this Se
ction, the
Sacramento County Board of Supervisors shall appoint the representative of conservation land owners.

5. Public agencies that are self-supplied groundwater users. After considering the nomination by the Southgate Recreation and Park District in consultation with other public agencies which are self- supplied groundwater users, as required by sub-section (b) of this Section, the Sacramento County Board of Supervisors shall appoint the representative of public agencies that are self-supplied groundwater users.

6. Sacramento Regional County SanitationArea Sewer District. After considering the nomination by the Sacramento Regional County SanitationArea Sewer District, as required by sub-section (b) of this Section, the Sacramento County Board of Supervisors shall appoint the representative of the Sacramento Regional County SanitationArea Sewer District.
(b) Prior to the appointment of the representatives of the entities described in subsections (a)(vi) through (a)(ix) above, those entities shall submit a recommended appointment for their respective representatives to the appointing authority identified in subsections (a)(vi) through (a)(ix) of this Section 7. The appointing authority shall give consideration to such recommendations, but shall retain the absolute discretion to appoint ITEM 15.9.

ATTACHMENT 2
Exhibit A to the Resolution

DRAFT FOR CONSIDERATION BY THE BOARD OF DIRECTORS

any person satisfying the criteria for appointment set forth in Section 5 of this Agreement.

8. Governing Board Voting Requirements.
(a) Each member of the governing board of the Authority shall have one vote. With the exception of fiscal items as set forth in subsections (b) and (c) below, an affirmative vote by a majority of all members of the governing board is required to approve any item related to implementation of the Groundwater Management Plan.
(b) Fiscal items, including, but not limited to, approval of the annual budget of the Authority and any expenditures, shall require an affirmative vote by a majority of all the members of the governing board that includes affirmative votes by all of the representatives of the Cities of Elk Grove, Folsom, Rancho Cordova and Sacramento and the County of Sacramento.
(c) Any change in annual contributions necessary to support the work of the Authority as set forth in subsection (d) below, shall require an affirmative vote of ten of the fourteen members of the governing board that includes affirmative votes by all of the representatives of the Cities of Elk Grove, Folsom, Rancho Cordova and Sacramento and the County of Sacramento.
(d) The Authority shall initially be funded as follows:
(i) An annual contribution by the Cities of Elk Grove, Folsom, Rancho Cordova and Sacramento and the County of Sacramento in the amount of ten thousand dollars ($10,000.00) each. (These entities shall not be required to pay any additional fee or assessment, such as that described in subsection (d)(ii) below.)
(ii) An annual contribution by each of those water purveyors represented on the Governing Board, other than the entities listed in subsection (d)(i) above, that purvey surface water in the amount of six thousand dollars ($6,000.00).

ITEM 15.9.

ATTACHMENT 2
Exhibit A to the Resolution

DRAFT FOR CONSIDERATION BY THE BOARD OF DIRECTORS

(iii) An annual contribution by each of those water purveyors represented on the Governing Board, other than the entities listed in subsection (d)(i) above, that utilize groundwater, calculated at the rate of two dollars and seven cents ($2.07) per acre foot of groundwater pumped from the basin, averaged over the three previous years and excluding the first five thousand (5000) acre feet pumped in each of those years. (iv) An annual contribution by agriculture computed at twenty five percent (25%) of the estimated annual pumping (as determined by the Sacramento County Water Agency) at the rate of two dollars and seven cents ($2.07) per acre foot and paid out of SCWA Zone 13 funds. (v) An annual contribution by agriculture/residential groundwater users computed at twenty five percent (25%) of the estimated annual pumping (as determined by the Sacramento County Water Agency) at the rate of two dollars and seven cents ($2.07) per acre foot and paid out of SCWA Zone 13 funds.
(vi) All annual funds shall be paid by July 1 of each year, commencing on July 1, 2006. The annual fee for the first year after the effective date of this Agreement shall be prorated from the date of the last signatory approval establishing the Authority.
(e) The governing board of the Authority may, at its discretion, adjust the funding contributions set forth in sub-section (d) above, su
bject to compliance with the
voting requirements prescribed in sub-section (c) above.

9. Quorum. A majority of the members of the governing board shall constitute a quorum for purposes of transacting business, except less than a quorum may vote to adjourn a meeting.

10. Terms Of Office. With the exception of the initial term of the representatives appointed by the County of Sacramento as described in Section 7 (a)(ix), the term of office of each member of the governing board the Authority ITEM 15.9.

ATTACHMENT 2
Exhibit A to the Resolution

DRAFT FOR CONSIDERATION BY THE BOARD OF DIRECTORS

shall be for a period of four (4) years. For the purpose of providing staggered terms of office, the term of the initial representatives appointed by the County of Sacramento as described in Section 7 (a)(ix) shall be for a period of two (2) years.

Thereafter, the term of office of each representative appointed by the County of Sacramento as described in Section 7 (a)(ix) shall be for a period of four (4) years. Each member of the governing board shall serve at the pleasure of the appointing body and may be removed as a member of the governing board by the appointing body at any time. If at any time a vacancy occurs on the governing board, a replacement shall be appointed to fill the unexpired term of the previous representative pursuant to the provisions of Section 7 of this Agreement within ninety (90) days of the date that such position becomes vacant.

11. Alternates. The City of Elk Grove, the City of Folsom, the City of Rancho Cordova, the City of Sacramento and the County of Sacramento, in addition to their regular appointments, shall appoint one or more persons with the required qualifications to serve as alternate members of the governing board of the Authority. The other entities described in Section 7 (a) (vi) through (a) (ix), which may nominate their respective representatives, may also nominate one or more persons with the required qualifications to serve as alternate members of the governing board of the Authority and such alternates shall be appointed pursuant to the procedure for regular appointments set forth in Section 7(b) of this Agreement. Any such alternates who are appointed as alternates by the appointing
authorities specified in Section 7(a)(vi) through (a)(ix) shall be empowered to cast votes in the absence of the regular members or, in the event of a conflict of interest preventing the regular member from voting, to vote because of such a conflict of interest.

12. Organization Of The Authority. The governing board of the Authority shall elect a chair, a vice chair and such other officers as the governing ITEM 15.9.

ATTACHMENT 2
Exhibit A to the Resolution

DRAFT FOR CONSIDERATION BY THE BOARD OF DIRECTORS

board shall find appropriate. Such officers shall serve for a term of one (1) year unless sooner terminated at the pleasure of the governing board.

13. Treasurer, Controller, Clerk and Legal Counsel.
(a) The Board of Directors of the Authority shall appoint a County of Sacramento Director of Finance shall act as treasurer, controller and fiscal agent, and controller for the Authority, which may be one or more individuals. The controller of the Authority shall cause an independent annual audit of the Authority’s finances to be made by a certified public accountant in compliance with Government Code Section 6505. The treasurer of the Authority shall be the depositor and shall have custody of all money of the Authority from whatever source. The controller of the Authority shall draw warrants to pay demands against the Authority when the demands have been approved by the Authority or by its authorized representative pursuant to any delegation of authority adopted by the Authority. The treasurer and controller shall comply strictly with the provisions of statutes relating to their duties found in Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code. (b) The governing board of the Authority shall appoint a clerk and legal counsel as it deems appropriate.
1 4. Executive Director. The governing board of the Authority, with the concurrence of the Sacramento County Water Agency, shall appoint an Executive Director who shall be responsible to the governing board for the proper and efficient administration of the Authority as directed by the governing board pursuant to the provisions of this Agreement or of any ordinance, resolution or order of the governing board. In addition to any other duties which may be assigned, the Executive Director shall have the following authority:
(a) under the policy direction of the governing board, to plan, organize and direct all Authority activities;
(b) to authorize expenditures within the designations and limitations of the budget approved by the governing board;
ITEM 15.9.

ATTACHMENT 2
Exhibit A to the Resolution

DRAFT FOR CONSIDERATION BY THE BOARD OF DIRECTORS

(c) to make recommendations to and requests of the governing board concerning any matter which is to be performed, done or carried out by the governing board; (d) to have the authority to appoint, discipline, assign and otherwise supervise and control the activities of any employees or contractors which may be hired or retained by the Authority; and
(e) to have charge of, handle and have access to any property of the Authority.

15. Meetings. The Authority shall provide for regular and special meetings in accordance with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) or with any successor provision.

16. Minutes. The clerk appointed by the governing body of the Authority shall cause to be kept minutes of all meetings of the governing board, and shall cause a copy of such minutes to be forwarded to each member of the governing board and to the chief administrative officer of each of the signatory agencies.

17. Powers and Functions.
(a) The Authority shall have no power to regulate land use or to engage in the retail sale of water.
(b) Subject to the limitations set forth in subsection (a), the Authority shall have any and all powers commonly held by the parties hereto necessary or appropriate to regulate groundwater within the boundaries of the Authority including, but not limited to, the following powers:
(i) Collect and monitor data on the extraction of groundwater from, and the quality of groundwater in, the SASb;
(ii) Facilitate any Conjunctive Use program the purpose of which is to maintain the Sustainable yields in the SASb consistent with the GMP; (iii) Distribute water in exchange for ceasing or reducing groundwater extractions;
ITEM 15.9.

ATTACHMENT 2
Exhibit A to the Resolution

DRAFT FOR CONSIDERATION BY THE BOARD OF DIRECTORS

(iv) Spread, sink and inject water into the SASb;
(v) Store, transport, recapture, recycle, purify, treat or otherwise manage and control water for the beneficial use of persons and property within the Authority; (vi) Study and plan ways and means to implement any or all of the foregoing powers.
(c) For purposes of exercising the authority set forth in subsection (b), and subject to the limitations set forth in subsection (a), the Authority shall have the following corporate and political powers:
(i) To sue and be sued in all actions and proceedings in all courts and tribunals.
(ii) To adopt a seal and alter it at its discretion.
(iii) For the common benefit of the Authority, to store water in underground water basins or reservoirs within and outside the Authority, to appropriate water and acquire water rights within or outside the Authority, to import water into the Authority, and to conserve, or cause the conservation of, water within or outside the Authority.
(iv) To act jointly, or cooperate, with the Federal government or any agency thereof, the state, or any county or agency thereof, or any political subdivision or district therein, including flood control districts, private and public corporations, and any person, so that the powers of the Authority may be fully and economically exercised.
(v) To cause taxes, assessments, fees or charges to be levied in accordance with applicable State law, and in a manner consistent with the GMP to accomplish the purposes of the Authority.
(vi) To require the permitting of groundwater extraction facilities within the boundaries of the Authority, to maintain a record of extraction with respect to any such facilities, and to require the installation of meters on ITEM 15.9.

ATTACHMENT 2
Exhibit A to the Resolution

DRAFT FOR CONSIDERATION BY THE BOARD OF DIRECTORS

groundwater extraction facilities for the purpose of determining the amount of groundwater being extracted from the SASb.
(vii) To make contracts, employ labor and to do all acts necessary for the full exercise of the Authority’s powers.
(viii) To carry on technical and other investigations of all kinds necessary to further the purposes of the Authority.
(ix) To fix rates at which water acquired by the Authority shall be sold for replenishment purposes, and to establish different rates for different classes of service or conditions of service, provided that the rates shall be uniform for like classes and conditions of service.
(x) To participate in any contract under which producers may voluntarily agree to use surface water in lieu of groundwater, and to that end the Authority may become a party to the contract and pay from Authority funds that portion of the cost of the surface water as will encourage the purchase and use of that water in lieu of pumping so long as persons or property within the boundaries of the Authority are directly or indirectly benefitted by the resulting replenishment of the SASb.
(xi) To apply for, accept and receive state, federal or local licenses, permits, grants, loans or other aid from any agency of the United States, the State of
California, or other public or private entity necessary or appropriate for the Authority’s full exercise of its powers.

18. Budgets. Within ninety (90) days after the first meeting of the governing board of the Authority, and thereafter prior to the commencement of each fiscal year (defined as July 1 through June 30), the governing board shall adopt a budget for the Authority for the ensuing fiscal year.

19. A doption of the Central Sacramento County
Groundwater Management
ITEM 15.9.

ATTACHMENT 2
Exhibit A to the Resolution

DRAFT FOR CONSIDERATION BY THE BOARD OF DIRECTORS

Plan. W
ithin sixty (60) days after the first meeting of the governing board of the Authority, the governing board shall consider for adoption the Central Sacramento County Groundwater Management Plan (CSCGMP) negotiated by the Central Sacramento County Groundwater Forum and dated February, 2006. The governing board of the Authority may revise the CSCGMP subsequent to its adoption as it deems appropriate.

20. Implementation of the Well Protection Program. In
order to facilitate the implementation of the Well Protection Program described in the Central Sacramento County Groundwater Management Plan, within sixty (60) days after the first meeting of the governing board of the Authority, the governing board shall submit to each of the entities who are signatories to this Agreement, and who have land use authority for areas within the boundaries of the Authority where new development will or may be served by groundwater, a draft Well Protection Plan ordinance to consider for adoption.

21.19. Termination. This Agreement shall remain in effect until terminated by one of the parties hereto pursuant to this section. This Agreement may be terminated by any of the parties hereto at any time and for any reason by providing ninety (90) days written notice of termination to the other parties.

22.20. Disposition Of Authority Assets Upon Termination. (a) In the event of the termination of the Authority where there will be a successor public entity which will carry on the functions of the Authority and assume its assets, the assets of the Authority shall be transferred to the successor public entity. (b) If there is no successor public entity which will carry on the functions of the Authority and assume its assets, the assets shall be returned to the parties hereto in proportion to the contribution of each party during the term of this Agreement. (c) If there is a successor public entity which will carry on some of the functions of the Authority and assume some of its assets, the assets of the Authority shall be allocated ITEM 15.9.

ATTACHMENT 2
Exhibit A to the Resolution

DRAFT FOR CONSIDERATION BY THE BOARD OF DIRECTORS

by the governing board of the Authority between the successor public entity and the parties hereto.

23.21. Liabilities.

The debts, liabilities and obligations of the
Authority shall be the debts, liabilities and obligations of the Authority alone, and not of the parties to this Agreement.

24.22. Rules.

The governing board of the Authority may adopt
from time to time such rules and regulations for the conduct of its affairs as it deems necessary and appropriate.

25.23. Effective Date. T
his agreement and the Authority created
under it shall become effective when the governing bodies of all of the parties shall have authorized its execution.

26.24. Amendments. This Agreement may only be amended by the affirmative vote of the governing bodies of all of the parties hereto.

27.25. Liberal Construction. The provisions of this Agreement shall be liberally construed as necessary or reasonably convenient to achieve the purposes of the Authority.

28.26. Liability of Board, Officers and Employees.
(a) The members of the Board, officers, and employees of the Authority shall use ordinary care and reasonable diligence in the exercise of their powers, and in the performance of their duties pursuant to this Agreement. They shall not be liable to the parties to this Agreement for of any mistake of judgment or other action made, taken, or omitted by them in good faith, nor for any action made, taken, or omitted by any agent, employee, or independent contractor selected with reasonable care, nor for loss incurred through the investment of the Authority’s funds, or failure to invest the same. (b) To the extent authorized by California law, no member of the Board, officer, or employee of the Authority shall be responsible for any action made, taken, or omitted, by any other member of the Board, officer, or employee. No member of the Board, officer, or employee of the Authority shall be required to give a bond or other security to guarantee ITEM 15.9.

ATTACHMENT 2
Exhibit A to the Resolution

DRAFT FOR CONSIDERATION BY THE BOARD OF DIRECTORS

the faithful performance of his or her duties pursuant to this Agreement. (c) The funds of the Authority shall be used to defend, indemnify, and hold harmless the Authority and any member of the Board, officer, or employee of the Authority for actions taken in good faith and within the scope of his or her authority. Nothing herein shall limit the right of the Authority to purchase insurance or to create a self-insurance mechanism to provide coverage for the foregoing indemnity.

29. Notices. Any notices to the parties required by this Agreement shall be delivered or mailed, United States Mail first class, postage prepaid, addressed as follows:

CITY OF ELK GROVE CITY OF FOLSOM
8380 Laguna Palms Way 50 Natoma Street
Elk Grove, CA 95758 Folsom, CA 95630
Attn: City Engineer Attn: Director of Utilities

CITY OF RANCHO CORDOV A CITY OF SACRAMENTO
2729 Prospect Park Drive 1395 35th Ave
Rancho Cordova, CA 95670 Sacramento, CA 95822
Attn: Public Works Director Attn: Director, Department of Utilities

COUNTY OF SACRAMENTO
827 7th Street, Rm 301
Sacramento, CA 95814
Attn: Director, Department of Water Resources
Notices given under this Agreement shall be deemed to have been received at the earlier of actual receipt, or the second business day following deposit in the United States mail, as required above. Any party may amend its address for notice by notifying the other parties pursuant to this Section.

IN WITNESS WHEREOF, the parties hereto execute this Second Third Amendment on the date first written above.

ITEM 15.9.

ATTACHMENT 2
Exhibit A to the Resolution

DRAFT FOR CONSIDERATION BY THE BOARD OF DIRECTORS

ITEM 15.9.

ATTACHMENT 2
Exhibit A to the Resolution

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ITEM 15.9.

ATTACHMENT 3

City Council Staff Report – Page 1 of 4

MEMORANDUM
ITEM 16.1
DATE:October 7, 2024
TO:Honorable Mayor and Council Members
FROM:Elizabeth Sparkman, Community Development Director SUBJECT: RESOLUTIONS APPROVING THE MEASURE A NEXUS STUDY,

APPROVING THE AMENDED AGREEMENT ON OPERATIONAL
PROTOCOLS AND AN ORDINANCE AMENDING CHAPTER 16.85 OF THE

RANCHO CORDOVA MUNICIPAL CODE

RECOMMENDATION
It is recommended that the Council approve and adopt the following:

1. Adopt the Resolution Approving the 2024 Sacramento Countywide Transportation Mitigation Fee Program Nexus Study (2024 SCTMFP Nexus Study).

2. Adopt the Resolution Approving the Amended Agreement on Operating Protocols for the Sacramento Countywide Transportation Mitigation Fee Program.

3. Waive first reading and introduce the Ordinance Amending Chapter 16.85 of the Rancho Cordova Municipal Code (Establishment of Development Impact Fees Measure A Transportation Improvements).

RESULT OF RECOMMENDED ACTION
Adoption of the Resolutions will adopt the 2024 SCTMFP Nexus Study, authorize the City Manager to execute the Amended Agreement on Operating Protocols, and Amend the existing Measure A Ordinance to update information to be consistent with the updated 2024 SCTMFP Nexus Study and Amended Operating Protocols Agreement.

BACKGROUND
The New Measure A (the one-half of one percent Transportation Sales Tax) to fund the Measure A Expenditure Plan was approved by the County voters in 2004 and extended the existing Measure A sales tax for 30 years. Administered by the Sacramento Transportation Authority (STA), the new Measure A sales tax also required implementation of the Sacramento Countywide Transportation Mitigation Development Impact Fee Program (“Measure A Mitigation Fee Program”) to fund a portion of the costs of the transportation improvements in the Measure A Expenditure Plan. Each jurisdiction was required to implement the Measure A Mitigation Fee Program as a condition of receiving the New Measure A sales tax revenues and remit those revenues to STA for reallocation to specific county-wide transportation projects included in the Measure A Expenditure Plan. Each local fee is required to be consistent with the SCTMFP, as adopted by the STA.

City Council Staff Report – Page 2 of 4
The City has previously met all the requirements of the Measure A Fee Program by the adoption of the SCTMFP Nexus Study and an Ordinance Establishing Chapter 16.85 of the Rancho Cordova Municipal Code to Establish and Collect the Measure A Fees (January 2009) and adopted and executed the Agreement on Operating Protocols in 2008, and as amended again in 2014 and 2015.

ANALYSIS
The California Mitigation Fee Act requires agencies that impose impact fees to periodically review the assumptions and calculations used in computing the fee. It further requires them to revise the calculation if necessary to maintain a nexus, i.e. a logical connection between the developments that will be required to pay the fee and the impact being mitigated. The agency is then required to make certain specific findings certifying that the fee is in conformance with the Act. As STA does not impose impact fees, it would instead recommend that local agencies participating in the Measure A Program adopt the nexus study and revised fee schedule, with the local agencies then taking individual actions to formalize adoption.

On June 13, 2024, the STA Governing Board approved a resolution adopting the 2024 SCTMFP Nexus Study. It incorporates status updates of transportation projects, provides updated project costs and trip generation rates, and calculates the need for new transportation projects based on new development using updated models. Additionally, new land use categories and a tiered residential fee structure has been established to align with Assembly Bill No. 602 (AB 603, 2021) requirements for fees to be proportional to square footage categories. The Nexus Study also amended the local arterial program to include smart growth arterials and corridors and revised the SCTMFP overall program allocation. The STA staff report with more detail on program changes made by the STA is included as Attachment 8.

Additionally, on August 8, 2024, the STA Governing Board approved an Amended Agreement on Operating Protocols which incorporates the updated Fee Rates effective January 1, 2025, and includes fee reductions for Transit Oriented Development and infill projects and additional exemptions for accessory dwelling units less than 750 square feet and development projects intended for use by the County or the City.

Updated Fee Amounts and New Residential Fee Structures. The fees for the various development types were updated using current trip generation rates. In addition, the residential fees were updated to align with AB 602 requirements for fees to be proportionate to the square footage of the proposed development. The Nexus Study consultant worked with City staff to find the most appropriate square footage categories. Based on the 2024 SCTMFP Nexus Study fee calculation and the Agreement on Operating Protocols (Amended – August 2024), the new fee rates effective January 1, 2025, are set as follows:

Single Family Residential
Very Small (≤800 sq.ft.) $1,088 per unit
Small (801-1,200 sq.ft.) $1,334 per unit
Medium-Small (1,201-1,600 sq.ft.) $1,451 per unit
Medium (1,601-2,400 sq. ft.) $1,574 per unit
Large (>2,400 sq. ft.) $1,730 per unit
Single Family Residential, Senior
Very Small (≤800 sq.ft.) $497 per unit
Small (801-1,200 sq.ft.) $609 per unit

City Council Staff Report – Page 3 of 4
Medium-Small (1,201-1,600 sq.ft.) $663 per unit
Medium (1,601-2,400 sq. ft.) $719 per unit
Large (>2,400 sq. ft.) $790 per unit
Multi-Family Residential
Very Small (≤800 sq.ft.) $ 995 per unit
Small (801-1,200 sq.ft.) $1,221 per unit
Medium-Small (1,201-1,600 sq.ft.) $1,327 per unit
Medium (1,601-2,400 sq. ft.) $1,440 per unit
Large (>2,400 sq. ft.) $1,582 per unit
Multi-Family Residential, Senior
Very Small (≤800 sq.ft.) $ 440 per unit
Small (801-1,200 sq.ft.) $ 540 per unit
Medium-Small (1,201-1,600 sq.ft.) $ 587 per unit
Medium (1,601-2,400 sq. ft.) $ 637 per unit
Large (>2,400 sq. ft.) $ 700 per unit
Accessory Dwelling Units
Very Small (<750 sq.ft.) Exempt from fee
Otherwise (>750 sq.ft.) Fee is based on the ratio of the floor area of the ADU compared to the
primary unit, times the fee that would
be charged on the primary unit, if the
primary unit was being newly built.

Office Use $ 1,807 per 1,000 square feet
Retail Use $ 2,361 per 1,000 square feet
Industrial Use $ 827 per 1,000 square feet
Hotel/Motel $ 854 per sleeping room
Extended Stay Hotel/Motel $ 559 per sleeping room
Hospital $1,796 per 1,000 square feet
Service Station $3,442 per Fuel Pump
Supermarket $1,078 per 1,000 square feet
Warehouse/Self Storage $ 238 per 1,000 square feet
Assisted Living Facility $ 434 bed
Congregate Care $ 368 unit
Child Day Care $ 682 Student
Private School (K-12) $ 414 Student
Auto Repair/Body Shop $2,361 per1,000 square feet.

Gym/Fitness Center $2,361 per 1,000 square feet
Drive-through Car Wash $2,361 per 1,000 square feet
Normalized Cost per Trip
(All Other Uses) $ 167 per Weekday Trip
Measure A Administrative Fee2% of the total Measure A Development Impact Fee Adoption of Nexus Study and Agreement on Operating Protocols Attachment 1 is the Resolution that approves the 2024 SCTMFP Nexus Study (Attachment 2) with the updates rates effective January 1, 2025, included in Exhibit A in the Resolution.

City Council Staff Report – Page 4 of 4
Attachment 3 is a Resolution that approves the Agreement on Operating Protocols (Amended – August 2024) (Attachment 4) and authorizes the City Manager to execute the Agreement.

Ordinance Changes
The proposed Ordinance (Attachment 5) includes revisions to Rancho Cordova Municipal Code Chapter 16.85 to update information related to definitions, re-purposing and re-using existing buildings, exemptions, and fee reductions for accessory dwelling units, mixed-use projects, and housing development projects. These amendments correspond to the proposed SCTMP update described above and the proposed Operating Protocols Agreement. Attachment 7 includes all draft amendments shown in track changes. Draft amendments are shown with track change with new draft language underlined and language proposed for removal with strikethroughs.

Only those sections with proposed changes are included in the attached documents as excerpts from the Rancho Cordova Municipal Code. Attachment 6 in includes all the draft amendments in a non-track changes format. This is provided as Exhibit A to the Ordinance.

Recommended Actions
1) Adopt the Resolution Approving the 2024 SCTMFP Nexus Study. 2) Adopt the Resolution Approving the Amended Agreement on Operating Protocols for the Sacramento Countywide Transportation Mitigation Program. 3) Introduce and waive first reading of the Ordinance Amending Chapter 16.85 of the Rancho Cordova Municipal Code (Establishment of Development Impact Fees Measure A Transportation Improvements).

FISCAL IMPACT
There is no impact on the City’s General Fund.

ATTACHMENT(S)

1. Resolution Approving 2024 SCTMFP Nexus Study

2. 2024 SCTMFP Nexus Study

3. Resolution Approving Amended Agreement on Operating Protocols

4. Agreement on Operating Protocols (Amended – August 2024)

5. Ordinance

6. Exhibit A to the Ordinance

7. Track Changes

8. STA Staff Report June 13, 2024

ITEM 16.1 ATTACHMENT 1 Resolution No. XX-2024 Page 1 of 9

CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2024
A RESOLUTION OF THE CITY COUNCIL APPROVING THE 2024 SACRAMENTO COUNTY

MITIGATION FEE PROGRAM (SCTMFP) NEXUS STUDY AND UPDATING THE SCTMFP FEES EFFECTIVE JANUARY 1, 2025
WHEREAS, on July 29, 2004, the Sacramento Transportation Authority (“STA”) adopted Ordinance No. 04-01, including the Sacramento County Transportation Expenditure Plan 2009- 2039 (“the Measure A Expenditure Plan”), which sets out the allocation of the new Measure A sales taxes and Measure A development impact fees for specified public facilities; and WHEREAS, on November 2, 2004, the voters in Sacramento County approved an extension of the one-half of one percent Measure A transportation sales tax (“new Measure A”), to become effective on April 1, 2009, and approved the Measure A Expenditure Plan. STA Ordinance No. 04-01 required each jurisdiction in the county to adopt the Measure A development impact fees as a condition of receiving the new Measure A sales tax proceeds consistent with the Measure A Mitigation Fee Program; and WHEREAS, on June 7, 2006, STA adopted Resolution No. 06-0006, approving the Sacramento Countywide Transportation Mitigation Fee Program Study (“Measure A Nexus Study”), which identified the additional public facilities required by new development and determined the amount of the development impacts fees to be imposed on a countywide basis, so that all new development paid its fair share of the costs of new public facilities needed to serve such development; and
WHEREAS, the STA Resolution that adopted the Measure A Nexus Study and set the SCTMFP rates effective April 1, 2009 provided that protocols related to SCTMFP Fee implementation issues, including but not limited to, required dates of Fee remittance to STA and documentation to be submitted by each participating Agency, shall be established by future resolution of the STA and contracts between the STA and the participating agencies; and WHEREAS, on September 18, 2006, by Resolution No. 161-2006, the City Council committed to implement the Measure A Mitigation Fee Program; and WHEREAS, on January 5, 2009, the City Council adopted Resolution No. 04-2009 approving the Measure A Nexus Study that set the rates set forth in the Measure A Nexus Study effective April 1, 2009; and
WHEREAS, on January 5, 2009, the City Council introduced Ordinance No. 01-2009, Adding Chapter 16.85 to the Rancho Cordova Municipal Code to Establish Development Impact Fees for Measure A Transportation Improvements for Citywide Benefit District (“Measure A Ordinance”) which (1) created the authority for imposing the “Measure A development impact fees”; (2) created the authority for imposing the “Measure A administration fee” for the cost of collection, deposit, investment, accounting, remittance and reporting of the Measure A development impact fee, and (3) enabled the City Council by resolution to set forth the specific amount of these fees in reliance on the Measure A Expenditure Plan and the Measure A Nexus Study; and
WHEREAS, on June 13, 2024, the STA Governing Board adopted Resolution No. 24- 0005 approving the 2024 Sacramento Countywide Transportation Mitigation Fee Program Nexus Study (“2024 SCTMFP Nexus Study”), with an updated project list, includes a Smart

ITEM 16.1 ATTACHMENT 1 Resolution No. XX-2024 Page 2 of 9
Growth Arterials and Corridors program, and has an updated fee amounts and new residential fee structures to align with AB 602 requirements for fees to be proportional to square footage categories with the new updated rates to be effective January 1, 2025, as referenced in Exhibit A herein; and
WHEREAS, in accordance with the Mitigation Fee Act (Government Code Section 66000 et seq.) on this date October 7, 2024, a public hearing was held on the adoption of the 2024 SCTMFP Nexus Study and the Operating Protocols Agreement (Amended - August 2024), notice of said public hearing having been duly and properly given; and all written and oral presentations having been duly considered by the Council.

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

1. The above recitals are true and correct.

2. Based upon the 2024 SCTMFP Nexus Study as approved by the STA Governing Board on June 13, 2024, the Council finds and determines that:
a. Future development within the unincorporated and incorporated areas of the County of Sacramento will substantially adversely affect the Transportation Network unless such development makes additional contributions to the cost of improving the Transportation Network. Failure to mitigate growing traffic impacts will substantially impair the ability of public safety services (police and fire) to respond and will adversely affect the public health, safety, and welfare. Failure to mitigate growing traffic impacts will negatively impact air quality, economic development and quality of life.
b. There is a reasonable and rational relationship between the use of the SCTMFP Fees and the type of development projects on which the fees are imposed because the fees will be used to construct transportation improvements that are necessary for the safety, health and welfare of the residential and non-residential users of the development projects on which the SCTMFP Fees will be imposed. c. There is a reasonable and rational relationship between the need for the improvements and the type of development projects on which the Fee is imposed because it will be necessary for the residential and non-residential users of such projects to have access to the Transportation Network. Such development will benefit from the Transportation Network improvements and the burden of such development will be mitigated in part by the payment of the Fee. d. The costs estimates set forth in the 2024 SCTMFP Nexus Study are reasonable cost estimates for constructing the Transportation Network improvements, and that the amount of the Fees expected to be generated by new development will not exceed the total fair share cost to such development.
e. The SCTMFP Fees shall be used to help pay for the construction and acquisition of the Transportation Network improvements identified in the 2024 SCTMFP Nexus Study. The need for the improvements is related to new development because such development results in additional traffic and transit demand, thus creating the need for the improvements.

ITEM 16.1 ATTACHMENT 1 Resolution No. XX-2024 Page 3 of 9
f. The 2024 SCTMFP Nexus Study proposes a fair and equitable method for distributing a portion of the unfunded costs of improvements to the Transportation Network.
g. The trip generation rates as set forth in the 2024 SCTMFP Nexus Study for each affected land use are proportionate to the trip generation rate of an single family unit and that the fees for each affected land use set forth in the 2024 SCTMFP Nexus Study meet the proportionality requirement of the STA Ordinance 04-01.

3. CEQA Compliance. Public Resources Code (PRC) Section 21080(b)(8) and CEQA Statutory Exemption Section 15273(a)(4) allow for the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, and other charges by public agencies for the purpose of obtaining funds for capital projects necessary to maintain service within existing service areas. The action is to approve the Sacramento Transportation Authority’s 2024 Nexus Study regarding collection of the Measure A Fee and new rates effective January 1, 2025. This action clearly meets the requirements of PRC Section 21080(b)(8) and CEQA Statutory Exemption Section 15273(a)(4) because it will fund capital improvement projects within the existing service area of the Rancho Cordova City Limits and would not result in the expansion of the transportation system or any other uses or activities. Therefore, the proposed action is not subject to the provisions of CEQA.

4. Approval of Fees. The 2024 SCTMFP Nexus Study is hereby adopted. The fees as set forth in the Nexus Study and as set forth in Exhibit A attached hereto, are hereby approved effective January 1, 2025. This effective date complies with the requirements of California Government Code Section 66017 that the fees established by this Resolution shall be effective no sooner than 60 days from the final action on the adoption of the fee.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 7 th day of October 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
David Sander, Mayor
ATTEST:

Stacy Leitner, CMC
City Clerk

ITEM 16.1. ATTACHMENT 1

EXHIBIT A
Resolution No. XX-2024 - Exhibit A
Effective as of January 1, 2025
Measure A Development Impact Fees
Single Family Residential
Very Small (≤800 sq.ft.) $1,088 per unit
Small (801-1,200 sq.ft.) $1,334 per unit
Medium-Small (1,201-1,600 sq.ft.) $1,451 per unit
Medium (1,601-2,400 sq. ft.) $1,574 per unit
Large (>2,400 sq. ft.) $1,730 per unit
Single Family Residential, Senior
Very Small (≤800 sq.ft.) $497 per unit
Small (801-1,200 sq.ft.) $609 per unit
Medium-Small (1,201-1,600 sq.ft.) $663 per unit
Medium (1,601-2,400 sq. ft.) $719 per unit
Large (>2,400 sq. ft.) $790 per unit
Multi-Family Residential
Very Small (≤800 sq.ft.) $ 995 per unit
Small (801-1,200 sq.ft.) $1,221 per unit
Medium-Small (1,201-1,600 sq.ft.) $1,327 per unit
Medium (1,601-2,400 sq. ft.) $1,440 per unit
Large (>2,400 sq. ft.) $1,582 per unit
Multi-Family Residential, Senior
Very Small (≤800 sq.ft.) $ 440 per unit
Small (801-1,200 sq.ft.) $ 540 per unit
Medium-Small (1,201-1,600 sq.ft.) $ 587 per unit
Medium (1,601-2,400 sq. ft.) $ 637 per unit
Large (>2,400 sq. ft.) $ 700 per unit
Accessory Dwelling Units
Very Small (<750 sq.ft.) Exempt from fee
Otherwise (>750 sq.ft.) Fee is based on the ratio of the floor area of the ADU compared to the
primary unit, times the fee that would
be charged on the primary unit, if the
primary unit was being newly built.

Office Use $ 1,807 per 1,000 square feet
Retail Use $ 2,361 per 1,000 square feet
Industrial Use $ 827 per 1,000 square feet
Hotel/Motel $ 854 per sleeping room
Extended Stay Hotel/Motel $ 559 per sleeping room
Hospital $1,796 per 1,000 square feet
Service Station $3,442 per Fuel Pump
Supermarket $1,078 per 1,000 square feet
Warehouse/Self Storage $ 238 per 1,000 square feet
Assisted Living Facility $ 434 bed
Congregate Care $ 368 unit
Child Day Care $ 682 Student
Private School (K-12) $ 414 Student
Auto Repair/Body Shop $2,361 per1,000 square feet.

Gym/Fitness Center $2,361 per 1,000 square feet
Drive-through Car Wash $2,361 per 1,000 square feet
Normalized Cost per Trip
(All Other Uses) $ 167 per Weekday Trip

ITEM 16.1. ATTACHMENT 1

EXHIBIT A
Resolution No. XX-2024 - Exhibit A
Measure A Administrative Fee 2% of the total Measure A Development Impact Fee

2024 Nexus Study
Update Report
Sacramento Transportation Authority
May 24, 2024
GHD Inc.

The Power of Commitment
ITEM 16.1.

ATTACHMENT 2

GHD | Sacramento Transportation Authority | 12578763 | 2024 Nexus Study Update Report i

Executive Summary
The purpose of this report is to present information that the Sacramento Transportation Authority (STA) may find useful in updating the Sacramento County Transportation Mitigation Fee (SCTMF), pursuant to the requirements of the Mitigation Fee Act. The report updates previous work in several ways:
• It incorporates new land use forecasts for Sacramento County, prepared under a different contract.1 • The status of individual transportation projects was updated. This resulted in some projects no longer needing future SCTMF funding because the project has either been completed or is no longer planned.
• Project costs were updated, based on construction cost inflation and new estimates prepared by member agencies.
• The trip generation rates were updated to reflect the new data found in the 11th edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. • The percentage of the need for new transportation projects attributable to new development was recalculated using a version of SACOG’s latest travel demand model. • Board policies since the last nexus study, such as those regarding fees for retail developments, are reflected in the calculation of future fees.
• Several new sections were added based on requirements mandated by AB 602, which went into effect in 2022.

These updates enable STA and the local jurisdictions to reaffirm the findings required by the Mitigation Fee Act, which are described in Chapter 5, and implement the fee program.

Most readers of this report will find the calculation of the impact fees to be the part of greatest interest. This is found in Chapter 4. The proposed fee for the average single-family home would adhere to the 2004 voter- approved Measure A Ordinance’s express requirement to adopt a fee consistent with State law. In 2021, the Legislature passed AB 602, which requires cities, counties, and special districts, inter alia, to “calculate a fee imposed on a housing development project proportionately to the square footage of proposed units of the development.” (Cal. Government Code, § 66016.5(a)(5)(a)). AB 602 also allows for other systems beyond square footage-based proportionality but requires “…an explanation as to why square footage is not an appropriate metric,” and “that an alternative basis […] bears a reasonable relationship between the fee charged and the burden posed by new development”, and “that other policies in the fee structure support smaller developments…” (Cal. Government Code, § 66016.5(a)(5)(b)).

Accordingly, the percentage increase or decrease in fees for different types of development varies due to changes in their trip generation rates and the new AB 602-mandated adjustment for floor area. For example, while the rate for the average single-family dwelling (SFD, medium size 1,601-2,400 sq.ft.) would not change, the fee for very small SFD (≤ 800 sq.ft.) would decrease by $486 (31%) and the fee for small SFD (801-1,200 sq.ft.) would decrease by $240 (15%). The fee for medium-small SFD (1,201-1,600 sq.ft.) would increase by $123 (8%) and the fee for large SFD (>2,400 sq.ft.) would increase by $156 (10%). Rates for age-restricted senior housing would decrease. Rates for multi-family dwellings would generally increase for all development types except very small units due to revisions to their trip-generation rate. Per the Measure A Ordinance, non-SFD rates are set in proportion to the trip generation rate of a (medium) single-family dwelling unit.

1 Technical Memorandum: Sacramento Transportation Authority Development Forecasts, dated August 18, 2021 ITEM 16.1.

ATTACHMENT 2

GHD | Sacramento Transportation Authority | 12578763 | 2024 Nexus Study Update Report ii Please note that these are all “potential” changes to fees; the STA Board may, at its discretion, choose to set fee rates for any given development type at a level lower than that calculation in this report. It may not, however, set the fee rates higher than those supported by a nexus calculation.

The intent of this study is to validate the fee and allow the local jurisdictions to continue to implement the fee.

A local jurisdiction that fails to implement the fee would forfeit local street and road maintenance funds provided by Measure A. All such funds would be made immediately available on a pro rata basis to all other local jurisdictions that have this fee program in place.

ITEM 16.1.

ATTACHMENT 2

GHD | Sacramento Transportation Authority | 12578763 | 2024 Nexus Study Update Report iii

Contents

1. Introduction 1

1.1 Purpose of this report 1

1.2 Background on the SCTMF Program 1

1.3 Implementation History 2

2. Review of Previous Nexus Study 5

2.1 Methodology Used 5

2.2 Key Assumptions 7

3. Updates of Key Inputs 9

3.1 Development Growth Forecasts 9

3.2 Traffic and Ridership Growth Forecasts 10

3.3 Volume-to-Capacity Ratios 16

3.4 Project Cost Estimates 18

4. Updated Fee Calculation 22

4.1 Consideration of Residential Floor Area 22

4.1.1 Accessory Dwelling Units (ADUs) 24

4.2 Computing the Maximum Allowable Fee 24

4.3 Recommended Fee by Land Use Category 25

4.4 Funding from Other Sources 28

4.4.1 Funding from Local Jurisdictions 28

5. Mitigation Fee Act Findings 32

5.1 Purpose of the Fee 32

5.2 Use of Fee Revenues 32

5.3 Use/Type-of-Development Relationship 32

5.4 Need/Type-of-Development Relationship 32

5.5 Proportionality Relationship 33

5.6 Residential Floor Area 33

Table index
Table 1: Revenues by Year and Jurisdiction 3
Table 2: Expenditure by Years and Jurisdiction 4
Table 3: Computation of Average Rate for Commercial/Retail Uses 14 Table 4: Computation of Average Rate for Industrial Uses 14 Table 5: Computation of Average Rate for Warehouse/Self Storage Uses 14 Table 6: Computation of Average Rate for Lodging Uses 14 Table 7: Trip-Generation Rates Used for Forecast of Traffic Growth 15 ITEM 16.1.

ATTACHMENT 2

GHD | Sacramento Transportation Authority | 12578763 | 2024 Nexus Study Update Report iv

Table 8: Growth in Trips Generated in Sacramento County 15 Table 9: LOS Policies of Jurisdictions in Sacramento County 16 Table 10: Volume-to-Capacity Ratios for Measure A Road Projects 17 Table 11: Updated Project Costs 19
Table 12: Construction Cost Inflator 21
Table 13: Computation of Average Trip Generation by Dwelling Size Category 23 Table 14: Computation of DUEs by Size and Dwelling Type 24 Table 15: Calculation of Fee per New Vehicle Trip (for Roads) and Per New Dwelling Unit Equivalent (for Roads and Transit) 25
Table 16: Fees for Residential Developments 26
Table 17: Updated Fees by Non-Residential Development Type 27 Table 18: Grant Funding for Completed Measure A Projects 29 Table 19: Expected Grant Funding Needs for SCTMF-Funded Projects 30

Figure index
Figure 1: Forecast Versus Actual Revenues 2
Figure 2: Steps Used in the 2006 Fee Calculation 6
Figure 3: Forecast Versus Actual Housing Starts in Sacramento County 7 Figure 4: Forecast for Development of Single-Family Dwellings 11 Figure 5: Forecast for Development of Multi-Family Dwellings 12 Figure 6: Forecast for Non-Residential Development 13

ITEM 16.1.

ATTACHMENT 2

GHD | Sacramento Transportation Authority | 12578763 | 2024 Nexus Study Update Report 1

1. Introduction

1.1 Purpose of this report
California’s Mitigation Fee Act (Government Code Sections 66000 to 66025) requires agencies that impose impact fees to periodically review the assumptions and calculations used in computing the fee. It further requires them to revise the calculation if necessary to maintain a nexus, i.e. a logical connection between the developments that will be required to pay the fee and the impact being mitigated. The agency is then required to make certain specific findings certifying that the fee is in conformance with the Act. As STA does not impose impact fees, it would instead recommend that local agencies participating in the Measure A Program adopt the nexus study and revised fee schedule, with the local agencies then taking individual actions to formalize adoption.

The purpose of this report is to review the assumptions and methodology used in computing the Sacramento County Transportation Mitigation Fee (SCTMF), update them as needed, and recommend changes to the fee schedule that will enable it to accomplish the Program’s goals. The report is also intended to document this work and fulfill the requirements of the Mitigation Fee Act, including new requirements pursuant to the passage of Assembly Bill (AB) 602 in 2021.

1.2 Background on the SCTMF Program
In 1988 the voters of Sacramento County approved a half-cent sales tax for transportation improvements in Sacramento County. The Sacramento Transportation Authority (STA) was created as a countywide transportation agency to fiscally administer the program. Measure A, the 30-year extension of the 1988 sales tax, was approved by voters in 2004 and went into effect in April 2009 when the previous tax expired.

One component of Measure A was the introduction of a countywide transportation mitigation fee. This was enacted by the STA Board in Section VII of STA Ordinance 04-01. The stated goal was “to develop and implement a uniform transportation mitigation fee on all new development in Sacramento County that will assist in funding road and transit system improvements needed to accommodate projected growth and development.”
The expected proceeds of the fee were tentatively allocated as follows:
35% Local streets and roads for capital improvements and rehabilitation 20% Public transit for capital improvements and rehabilitation 20% Local interchange upgrades, safety projects, and congestion relief improvements on the local freeway system, including bus and carpool lane projects. 15% Smart Growth Incentive Program
10% Transportation Project Environmental Mitigation, including, but not limited to, habitat conservation, open space preservation, habitat replacement, and recreation, and overall environmental enhancement of transportation facilities to the benefit of local transit users and neighborhoods. Necessary open space preservation and natural habitat preservation programs shall be eligible uses of these funds.

A nexus study for the fee was completed in June 2006 which recommended the fee of $1,000 per single- family dwelling, with other developments to be charged based on their trip-generation rate relative to single- family dwellings. This study is described in detail in a later section of this report.

ITEM 16.1.

ATTACHMENT 2

GHD | Sacramento Transportation Authority | 12578763 | 2024 Nexus Study Update Report 2

1.3 Implementation History
SCTMF fees were imposed, and revenues are collected, by local jurisdictions in Sacramento County based on the SCTMF as part of their development approval process. The revenues are then remitted to STA, which then distributes the proceeds to various eligible projects in accordance with direction from the STA Board.

Each of the seven-member jurisdictions (the six incorporated cities plus the County) have projects included in the Expenditure Plan, as do three additional agencies. These are Caltrans, Sacramento Regional Transit, and the Capitol Southeast Connector JPA.

Fees started to be collected in 2009 when Measure A went into effect. More than $80.5 million in fees have been collected to date. Table 1 shows the program revenues by fiscal year and jurisdiction. Revenues have followed a general upward trajectory over time, as the development industry in the region has recovered from the Great Recession in (late 2007 to mid-2009).

Table 2 shows the program expenditures by fiscal year and implementing agency. As of June 30, 2023, the program has made more than $68 million available to six different agencies for Measure A projects.

Although the SCTMF Program has successfully brought in tens of millions of dollars for transportation projects needed to accommodate continued growth, the program has not achieved its revenue goals. Figure 1 compares the revenues that were forecast in the 2006 nexus study with the amounts actually received. For the 2008-2023 period, the program brought in only 16% of the expected revenue. This is due in large part to unfortunate timing, with the program kicking off during the Great Recession. Real estate development was among the hardest hit during the recession and among the slowest to recover. With little development activity taking place to generate revenue, impact fee programs across California failed to generate the revenues expected from pre-recession forecasts, when development was booming.

Figure 1: Forecast Versus Actual Revenues

ITEM 16.1.

ATTACHMENT 2

GHD | Sacramento Transportation Authority | 12578763 | 2024 Nexus Study Update Report 3

Table 1: Revenues by Year and Jurisdiction

Fiscal
Year
City of
Sacramento
Sacramento
County Elk Grove Folsom Rancho
Cordova Galt Citrus
Heights Total
FY 2009 $140,644 $75,381 $51,729 $388,909 $92,800 $784 $1,452 $751,700 FY 2010 $774,416 $540,256 $539,123 $160,098 $259,378 $32,697 $15,989 $2,321,958 FY 2011 $549,987 $476,898 $860,663 $235,420 $204,379 $0 $7,091 $2,334,437 FY 2012 $587,824 $864,400 $990,421 $151,321 $302,467 $0 $60,930 $2,957,362 FY 2013 $871,942 $925,576 $588,839 $372,038 $378,345 $17,152 $22,491 $3,176,382 FY 2014 $601,826 $768,585 $665,916 $504,350 $360,591 $629,402 $9,872 $3,540,542 FY 2015 $1,628,337 $901,922 $835,144 $563,908 $352,981 $246,253 $95,594 $4,624,139 FY 2016 $1,330,694 $1,053,408 $920,723 $387,388 $428,758 $127,781 $114,898 $4,363,650 FY 2017 $4,433,942 $1,709,179 $408,227 $309,544 $708,906 $188,900 $89,477 $7,848,174 FY 2018 $3,871,298 $1,009,173 $1,434,011 $833,234 $400,807 $52,510 $20,720 $7,621,753 FY 2019 $2,707,448 $1,233,164 $1,338,725 $782,022 $471,078 $80,266 $71,335 $6,684,037 FY 2020 $3,198,236 $1,479,587 $964,492 $878,685 $916,239 $96,852 $17,465 $7,551,556 FY 2021 $1,712,959 $2,850,723 $1,658,050 $1,165,476 $934,092 $376,875 $258,817 $8,956,993 FY 2022 $2,660,711 $1,448,899 $1,014,918 $1,175,200 $179,181 $1,385,171 $373,344 $8,237,425 FY 2023 $2,526,006 $1,796,877 $1,223,435 $1,609,388 $152,326 $1,528,205 $20,006 $8,856,242 Interest $256,077 $158,994 $74,692 $130,288 $20,238 $89,506 $10,944 $740,739 Total $27,852,348 $17,293,022 $13,569,106 $9,647,269 $6,162,567 $4,852,353 $1,190,426 $80,567,090 % of Total 35% 21% 17% 12% 8% 6% 1% 100%
Source: STA
ITEM 16.1.

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GHD | Sacramento Transportation Authority | 12578763 | 2024 Nexus Study Update Report 4

Table 2: Expenditure by Years and Jurisdiction

Notes: Some cell values are negative. This indicates cases where money from the General Fund was used to reimburse earlier expenditures from the SCTMF Program.

Expenditures for Caltrans, SacRT, and Capitol Southeast Connector have occurred within multiple jurisdictions.

Fiscal
Year
City of
Sacramento
Sacramento
County Elk Grove Folsom Rancho
Cordova Galt Citrus
Heights Caltrans SacRT
Capitol
Southeast
Connector
Total
FY 2009 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
FY 2010 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
FY 2011 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
FY 2012 $371,690 $382,219 $0 $0 $0 $0 $59,275 $1,400,667 $3,940,833 $1,370,479 $7,525,163 FY 2013 $0 $0 $0 $0 $0 $0 $0 $20,078 $0 $0 $20,078
FY 2014 $1,471,903 $1,084,917 $0 $0 $0 $0 $0 $0 $0 $0 $2,556,820 FY 2015 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
FY 2016 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
FY 2017 $8,578,391 $1,872,358 $0 $0 $666,782 $0 $0 $3,047,319 $106,607 $2,275,776 $16,547,233 FY 2018 $1,076,989 $614,425 $0 $0 $434,878 $0 $0 ($6,599,873) ($4,047,440) ($2,316,651) ($10,837,673) FY 2019 $716,073 $1,689,048 $0 $0 $1,322,520 $0 $0 $1,193,987 $0 $4,659,492 $9,581,120 FY 2020 $193,614 $1,867,750 $0 $0 $1,569,163 $0 $0 $937,911 $0 $7,144,332 $11,712,770 FY 2021 $483,507 $6,372,770 $0 $0 $2,756,887 $0 $0 $1,883,549 $0 $4,006,952 $15,503,666 FY 2022 $447,031 $4,334,452 $93,561 $0 $0 $0 $600,000 $0 $0 $7,898,740 $13,373,785 FY 2023 $469,776 $24,244 $165,212 $1,966,518 $2,625,749 Total $13,808,974 $18,242,182 $258,773 $0 $6,750,230 $0 $659,275 $1,883,639 $0 $27,005,638 $68,608,711 ITEM 16.1.

ATTACHMENT 2

GHD | Sacramento Transportation Authority | 12578763 | 2024 Nexus Study Update Report 5

2. Review of Previous Nexus Study
Section 66016.5(a)(4) of AB 602, which went into effect on July 1, 2022, states that “If a nexus study supports the increase of an existing fee, the local agency shall review the assumptions of the nexus study supporting the original fee and evaluate the amount of fees collected under the original fee.” This chapter is intended to fulfill this requirement by reviewing the methodology and assumptions used in the original nexus study by David Taussig & Associates, dated June 2006, entitled “Sacramento Transportation Authority Development Impact Fee Study”.

2.1 Methodology Used
The methodology used in the 2006 fee calculation is shown in Figure 2. The key steps were:
1) Estimates for the existing residential and non-residential land uses in Sacramento County were provided by SACOG.

The study purposefully excluded neighborhood and community retail uses from the fee calculation.

The rationale was that trips to and from these uses would be made on local streets and thus would not contribute to traffic on the regional roads funded by the fee program. 2) Trip generation rates were taken from the Institute of Transportation Engineers (ITE) Trip Generation Manual, 6th Edition. For the commercial retail land use category, a blended rate of 7 retail land use codes was used. The rates for retail uses were also adjusted to account for pass-by trips. 3) The number of units for each land use type, dwelling units for residential and square feet for non- residential, were multiplied by the ITE trip generation rates to estimate the daily number of vehicle trips generated in Sacramento County.
4) Forecasts for future growth were provided by SACOG and used to generate an estimate of the number of vehicle trips that would be generated in Sacramento County in the study’s horizon year (2039).
5) Future development’s fair share of the cost of roadway improvements was then calculated as its share of total trips generated in 2039, which was 31%.
6) A “Needs List” of projects was developed through consultation with Sacramento County, STA member cities, and Caltrans, and included in the Measure A Transportation Expenditure Plan (TEP).

No further elaboration of this process was provided in the nexus study. However, the fact that the project list was approved by the voters, who agreed to tax themselves to pay for the projects, is strongly indicative of a consensus that the facilities listed are in fact needed. 7) A cost was assigned to every project on the Needs List. The nexus study did not state where the cost estimates came from, but it is likely that they were provided by whichever agency was tasked with implementing the project.
8) The percentage share of costs attributable to new development from Step 5 was applied to the project costs in Step 7 to find the total project costs attributable to new development. 9) This was divided by the growth in trips to find the allowable fee per new trip ($1,005/single-family dwelling).
10) The STA Board of Directors made a policy decision to limit the fee on new development to $1,000 per single-family dwelling.
11) The permissible fee rates from Step 9 were duly factored down pro rata so that the fee on single- family dwellings was $1,000.

ITEM 16.1.

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GHD | Sacramento Transportation Authority | 12578763 | 2024 Nexus Study Update Report 6

12) Other sources of funding, including sales tax revenues, local agency fees, and State and federal programs, were identified as sources for the remaining funds required to implement the projects on the Needs List.
13) The final fee schedule was then submitted to the STA Board for approval.

Figure 2: Steps Used in the 2006 Fee Calculation

Key
Existing Land Uses Growth Forecast
Share of Future Deficiencies
Attributable to New
Development
Cost of Future
Projects
Project Costs Attributable to
New Development
Maximum Permissible Fee
per DUE
1 Input
Computation
Trip-Gen Rates
Recommended Fee
Board Policies
Other Sources of
Funds
Pro-Rate to
SFD = $1,000
Existing Daily Trips
4 Future Daily Trips
2 3
5 Needs List
6 7
8 910
11 1213
Measure A
Ordinance
ITEM 16.1.

ATTACHMENT 2

GHD | Sacramento Transportation Authority | 12578763 | 2024 Nexus Study Update Report 7

2.2 Key Assumptions
As seen in Figure 2, the key assumptions in the 2006 study pertain to existing and proposed land uses, trip- generation rates, and project costs. These are discussed below.

Land Use Assumptions
The 2006 nexus study reported that its land use assumptions came directly from SACOG’s travel demand model; the origins of the data in the model were not discussed. Figure 3 compares the study’s assumed production of single-family housing (dark lines) and multi-family housing (amber lines). As shown in Figure 3, the 2006 study assumed that the average long-term monthly production of multi-family would approximately double the previous highest-ever single-month production. Contrary to this forecast, MFD production declined after 2006, resulting in a 4-or-5-fold overestimate of MFDs that would pay the fee. The 2006 study also assumed a reduction in single-family housing production, though the actual reduction was greater than the forecast reduction.

Figure 3: Forecast Versus Actual Housing Starts in Sacramento County

The discrepancy between the forecast and the actual housing production can mostly be attributed to the effects of the Great Recession on the local, state, and national real estate markets. Housing starts fell statewide by 68% between 2007 and 2009 and did not recover to pre-recession levels for 10 years.

Furthermore, SACOG’s belief at that time that residential development in the Sacramento region would focus on dense, infill development, including high levels of apartment development in Sacramento County, has not been fulfilled to the extent that had been hoped for in 2006.

Trip Generation Rates
The ITE Trip Generation Manual has been the standard industry source for vehicle trip data for generations.

The Trip Generation Manual contains data from field surveys of thousands of sites and is regularly updated to capture the effects of changes in travel behavior. The 2006 study’s use of this source was therefore in accordance with standard industry practice. The 2006 study used the 6th edition of the Trip Generation Manual; the current edition is the 11th.

ITEM 16.1.

ATTACHMENT 2