Rancho Cordova City Council
October 21, 2024

of any provision hereof, then the prevailing party in any proceeding in connection with such dispute shall be entitled to the costs and expenses it incurs on account thereof and in enforcing or establishing its rights hereunder, including, without limitation, court costs and reasonable attorneys' fees and disbursements.

8.4 Waivers; Modification. No waiver of any breach of any covena nt or provision ofthis Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving party. An extension of timefor performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act, and no extension shall be valid unless in writing andexecuted by the waiving party. This Agreement may be amended or modified only by a written instrument executed by the Parties.

8.5 Binding on Successors. Subject to the restrictions on Transfers set forth in Article V, this Agreement shall bind and inure to the benefit of the Parties and their respective permitted successors and assigns. Any reference in this Agreement to a specifically named patty shall be deemed to apply to any permitted successor and assign of such party who has acquired an interest in compliance with this Agreement or under law.

8.6 Construction. The section headings and captions used herein are solely for convenience and shall not be used to interpret this Agreement. The Parties acknowledge that this Agreement is the product of negotiation and compromise on the part of both Parties, and the Parties agree, that since all of the Patties have participated in the negotiation and drafting of this Agreement, this Agreement shall not be construed as if prepared by one of the Patties, but rather according to its fair meaning as a whole, as if all Parties had prepared it.

8.7 Action or Approval. Except as may be otherwise specifically provided in this Agreement, whenever any approval, notice, direction, finding, consent, request, waiver, or other action by the City is required or permitted under this Agreement, such action may be given, made, or taken by the City Manager, or by any person who shall have been designated in writing by the City, without further approval by the City Council. Any such action shall be in writing. The Borrower acknowledges that nothing in this Agreement (including any approval by the City Manager in accordance with this Agreement) shall limit, waive, or otherwise impair the authority and discretion of: (i) the City's Community Development Department, in connection with the review and approval of the proposed construction plans for the Development ( or any change to such plans), or any use, or proposed use, of the Property, (ii) the City's issuance of a building permit, or (iii) any other. office or department of the City acting in its capacity as a governmental regulatory authority with jurisdiction over the development, use, or operation of the Development.

8.8 Entire Agreement. This Agreement, including the exhibits listed below, which are attached hereto and incorporated herein by this reference, together with the other City Documents, contains the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all prior written or oral agreements, understandings, representations or statements between the Parties with respect to the subject matter hereof.

Exhibit A Legal Description of the Property
14 ITEM 16.5.

ATTACHMENT 2

Exhibit B
Exhibit C
Exhibit D
Exhibit E
Scope of Predevelopment Work
Promissory Note
Assignment of Architectural and Engineering Agreements
City Insurance Requirements

8.9 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original and all of which taken together shall constitute one instrument. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signature(s) thereon provided such signature page is attached to any other counterpart identical thereto having additional signature pages executed by the other Parties. Any executed counterpart of this Amendment may be delivered to the other Parties by facsimile and shall be deemed as binding as if an originally signed counterpart was delivered.

8.10 Severability. If any term, provision, or condition of this Agreement is held by acourt of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect unless an essential purpose of this Agreement is defeated by such invalidity or unenforceability.

8.11 No Third Party Beneficiaries. Nothing contained in this Agreement is intended to or shall be deemed to confer upon any person, other than the Parties and their respective successors and assigns, any rights or remedies hereunder.

8.12 Parties Not Co-Venturers. Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or principal and agent with one another.

8.13 Non-Liability of Officials, Employees and Agents. No officer, official, employee or agent of City shall be personally liable to Borrower or its successors in interest in the event of any default or breach by City or for any amount which may become due to Borrower or its successors in interest pursuant to this Agreement.

8.14 Time of the Essence; Calculation of Time Periods. Time is of the essence for each condition, term, obligation and provision of this Agreement. Unless otherwise specified, in computing any period of time described in this Agreement, the day of the act or event after which the designated period of time begins to run is not to be included and the last day of the period so computed is to be included, unless such last day is not a business day, in which event the period shall run until the next business day. The final day of any such period shall be deemed to end at 5:00 p.m., local time at the Property. For purposes of this Agreement, a "business day" means a day that is not a Saturday, Sunday, a federal holiday or a state holiday under the laws of California.

8.15 Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to principles of conflicts of laws. Any action to enforce or interpret this Agreement shall be filed in the Superior Court of Sacramento County, California or in the Federal District Court for the Northern District of California.
15 ITEM 16.5.

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SIGNATURES ON FOLLOWING PAGE.
16 ITEM 16.5.

ATTACHMENT 2

IN WITNESS WHEREOF, the Parties have entered into this Agreement effective as of the date first written above.

BORROWER:

MILLS STATION AFFORDABLE
HOUSING PARTNERS, L.P.,
a California limited partnership
By: Related/Mills Station Affordable
Development Co., LLC,
By:- -- --- -- --- ­
Name: Ann Silverberg
Its: President
CITY:

CITY OF RANCHO CORDOVA,
a California municipal corporation
By:

Micah Runner, City Manager
ATTEST:

By:

Stacy Leitner, City Clerk
APPROVED AS TO FORM:

By:

Adam Lindgren, City Attorney
17 ITEM 16.5.

ATTACHMENT 2

EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY
The Property is described as Parcel 7 equaling approximately 1.096 acres in the map below.

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18 ITEM 16.5.

ATTACHMENT 2

EXHIBITB

SCOPE OF PREDEVELOPMENT WORK
Mills Station Affordable is the proposed new construction of approximately 60 affordable housing units. The project is on an approximately 1.096-acre site to be donated by the City, referred to as Parcel 7 on the Tentative Parcel Map as shown in Exhibit A.

The City has offered to support this project by providing a predevelopment non-recourse loan of $750,000 from its secured allocation of California Department of Housing and Community Development Permanent Local Housing Allocation funding. The funds will further due diligence and design work with the goal of submitting for entitlements and state funding applications. The fund will support the Project's goal of being able to apply for and accept tax credits in 2025 and/or subsequent application rounds if needed.

Proposed PLHA Funds Budget:

Architecture & Engineering
Environmental & Other Consultants
Construction Management
Appraisals and market studies
Funding Application Fees
Legal Fees
Accounting / Administration
Soft Cost Contingency
$460,000
$110,000
$24,500
$17,500
$5,000
$48,000
$10,000
$75,000
Total $750,000
19 ITEM 16.5.

ATTACHMENT 2

EXHIBIT C

PROMISSORY NOTE
[To Be Attached)
20 ITEM 16.5.

ATTACHMENT 2

PROMISSORY NOTE
(Mills Crossing Affordable Housing)
$750,000 Rancho Cordova, California
- ---- - ' 2024
FOR VALUE RECEIVED, Mills Station Affordable Housing Partners, L.P. ("Borrower"), hereby promises to pay to the order of the City of Rancho Cordova, a California municipal corporation ("Holder"), 2729 Prospect Park Drive, Rancho Cordova, California, 95670, Attn: , the principal amount of Seven Hundred Fifty Thousand Dollars ($750,000), plus interest thereon pursuant to Section 2 below (the "City Loan").

1. Borrower's Obligation. This promissory note (the "Note") evidences Borrower's obligation to pay Holder the principal amount of up to Seven Hundred Fifty Thousand Dollars ($750,000) with interest for the funds loaned to Borrower by Holder pursuant to the Predevelopment Loan Agreement between Borrower and Holder, dated , 2024 (the "Loan Agreement"). All capitalized terms not otherwise defined in this Note shall have the meanings set forth in the Loan Agreement.

2. Interest. The City Loan bears interest from the date of this Note at three percent (3%) simple interest, until full repayment of the outstanding balance of the City Loan.

3. Term and Repayment Requirements. All amounts currently outstanding on the Note shall be paid in full to Holder upon the first to occur of (a) the date of closing of Borrower's acquisition of the Property (as defined in the Loan Agreement), or (b) the expiration of the Term of the Loan Agreement as provided in Section 4.4 thereof, or (c) the date Holder declares this Note immediately due and payable pursuant to Section 8(b) hereof.

4. Prepayment. Borrower may prepay the City Loan, or any portion thereof, at any time without penalty or fee.

5. Assumption. This Note shall not be assumable by the successors and assigns of Borrower without the prior written consent of Holder unless the assignment complies with Section 5.3 of the Loan Agreement. Holder may assign its interest in the Note to any person or entity in Holder's sole discretion.

6. Security. This Note shall be secured by an Assignment of Architectural and Engineering Agreements ("Assignment"). This Note is nonrecourse to Borrower, and the sole recourse of Holder with respect to the payment of the principal of, and interest on this Note shall be to the Assignment and any other collateral held by Holder as security for this Note; provided however, nothing contained herein is intended to relieve the Borrower of liability to the extent of any loss for fraud or intentional misrepresentation by the Borrower; or be deemed in any way to limit the rights of the Holder to obtain specific performance by the Borrower of its covenants under the City Documents, other than the covenants to pay the Holder principal and interest due under this Note.
1 ITEM 16.5.

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7. Terms of Payment.
(a) All payments due under this Note shall be paid in currency of the United States of America, which at the time of payment is lawful for the payment of public and private debts.
(b) All payments on this Note shall be paid to Holder at the address set forth in the first paragraph of this Note, or to such other place as Holder of this Note may from time to time designate.
(c) All payments on this Note shall be without expense to Holder, and Borrower agrees to pay all costs and expenses, including re-conveyance fees and reasonable attorney's fees of Holder, incurred in connection with the payment of this Note and the release of any security hereof.
(d) Notwithstanding any other provision of this Note, or any instrument securing the obligations of Borrower under this Note, if, for any reason whatsoever, the payment of any sums by Borrower pursuant to the terms of this Note would result in the payment of interest which would exceed the amount that Holder may legally charge under the laws of the State of California, then the amount by which payments exceed the lawful interest rate shall automatically be deducted from the principal balance owing on this Note, so that in no event shall Borrower be obligated under the terms of this Note to pay any interest which would exceed the lawful rate.

8. Default.
(a) Any of the following shall constitute an event of default under this Note:
(i) Any failure to pay, in full, any payment required under this Note when due following written notice by the Holder of such failure and thirty (30) days opportunity to cure;
(ii) Any failure in the performance by Borrower of any term, condition, provision or covenant set forth in this Note subject to the notice and cure period set forth in Section 6.1 of the Loan Agreement; and
(iii) The occurrence of any Borrower event of default under the Loan Agreement, the Assignment, or other instrument securing the obligations of Borrower under this Note or under any other promissory notes hereafter issued by Borrower to Holder pursuant to the Loan Agreement (the "City Loan Documents"), subject to notice and cure periods, if any, set forth therein.
(b) Upon the occurrence of one or more of the foregoing events of default, the entire unpaid principal balance, together with all interest thereon, and together with 2 ITEM 16.5.

ATTACHMENT 2

all other sums then payable under this Note shall at the option of Holder become immediately due and payable upon written notice by Holder to Borrower without further demand. ( c) Holder's failure to exercise the remedy set forth in Section 8(b) above or any other remedy provided by law upon the occurrence of one or more of the foregoing events of default shall not constitute a waiver of the right to exercise any remedy at any subsequent time in respect to the same or any other default. The acceptance by Holder hereof of any payment which is less than the total of all amounts due and payable at the time of such payment shall not constitute a waiver of the right to exercise any of the foregoing remedies or options at that time or at any subsequent time, or nullify any prior exercise of any such remedy or option, without the express consent of Holder, except as and to the extent otherwise provided by law.
( d) Notwithstanding anything herein to the contrary, Holder hereby agrees that any cure of any default made or tendered by one or more of Borrower's limited partners shall be deemed a cure by Borrower and shall be accepted or rejected on the same basis as if made or tendered by Borrower.

9. Waivers.
(a) Borrower hereby waives diligence, presentment, protest and demand, and notice of protest, notice of demand, notice of dishonor and notice of non-payment of this Note. Borrower expressly agrees that this Note or any payment hereunder may be extended from time to time, and that Holder may accept further security or release any security for this Note, all without in any way affecting the liability of Borrower. (b) Any extension of time for payment of this Note or any installment hereof made by agreement of Holder with any person now or hereafter liable for payment of this Note shall not operate to release, discharge, modify, change or affect the original liability of Borrower under this Note, either in whole or in part.
(c) The obligations of Borrower under this Note shall be absolute and Borrower waives any and all rights to offset, deduct or withhold any payments or charges due under this Note for any reason whatsoever.

I 0. Miscellaneous Provisions.
(a) All notices to Holder or Borrower shall be given in the manner and at the addresses set forth in the Loan Agreement, or to such addresses as Holder and Borrower may therein designate.
(b) Borrower promises to pay all costs and expenses, including reasonable attorney's fees, incurred by Holder in the enforcement of the provisions of this Note, regardless of whether suit is filed to seek enforcement. 3 ITEM 16.5.

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(c) This Note may not be changed orally, but only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification or discharge is sought.
(d) This Note shall be governed by and construed in accordance with the laws of the State of California.
( e) The times for the performance of any obligations hereunder shall be strictly construed, time being of the essence.
(t) This document, together with the City Loan Documents, contains the entire agreement between the parties as to the City Loan. It may not be modified except upon written consent of the parties.

IN WITNESS WHEREOF, Borrower is executing this Promissory Note as of the date first above written.

BORROWER:

MILLS STATION AFFORDABLE HOUSING PARTNERS, L.P.,
a California limited partnership
By: Related/Mills Station Affordable Development Co., LLC, By: _
Name: Ann Silverberg
Its: President
4 ITEM 16.5.

ATTACHMENT 2

5527618.1
5770184.1
5 ITEM 16.5.

ATTACHMENT 2

EXHIBITD

ASSIGNMENT OF ARCHITECTURAL AND ENGINEERING AGREEMENTS
[To Be Attached]
21 ITEM 16.5.

ATTACHMENT 2

ASSIGNMENT OF ARCHITECTURAL AND ENGINEERING AGREEMENTS

THIS ASSIGNMENT OF ARCHITECTURAL AND ENGINEERING AGREEMENTS (the "Assignment") is made as , 2024 by Mills Station Affordable Housing Partners, L.P. (the "Borrower"), in favor of the City of Rancho Cordova, a California municipal corporation (the "City").

RECITALS
A. Borrower and City will enter into an Option Agreement dated as of the date hereof which grants to Developer an option to purchase from City approximately 1.09 acres of real property (the "Property") collocated with the City's "Mills Crossing" project at 10153-10179 Folsom Blvd in the City of Rancho Cordova, California, for development of an affordable housing project thereon when certain conditions thereto have been satisfied (the "Development").

B. Borrower and City have also entered into a Predevelopment Loan Agreement, dated as of the date hereof (the "Loan Agreement"), which provides for City to loan to Borrower the amount of Seven Hundred Fifty Thousand Dollars ($750,000) (the "Loan") for the purpose of funding and performing certain predevelopment activities with respect to the Development prior to the Developer's acquisition of the Property from City.

C. Borrower's obligation to repay the Loan is further evidenced by that certain Promissory Note dated as of even date herewith, executed by the Borrower in the original principal amount of the Loan and payable to the City.

D. As a condition to making the Loan, the City has required the execution and delivery of this Assignment by the Borrower and the acknowledgment hereof and consent hereto by the architect and engineer referred to below.

NOW, THEREFORE, in consideration of the foregoing, Borrower and City agree as follows:

1. Assignment. Borrower does hereby grant, assign, transfer and set over unto the City all of its right, title and interest in and to (i) those certain plans, drawings, and specifications and any amendments, modifications, supplements, general conditions and addenda thereto (the "Architectural Plans") prepared by or under the supervision or direction of Mogavero Architects (the "Architect"), (ii) that certain Consultant Contract dated as of September 17, 2024 by and between Owner and Architect (the "Architectural Contract"), (iii) any future plans, drawings, and specifications and any amendments, modifications, supplements, general conditions and addenda thereto (the "Engineering Plans") and agreements with respect to the Engineering Plans (the "Engineering Agreement") between Owner and a third party engineer (the "Engineer"). (The Architectural Agreement and Engineering Agreement are collectively referred to herein as the "Design Agreements," and the Architectural Plans and Engineering Plans are collectively referred to herein as the "Plans."). Before Borrower executes any Engineering Agreements with an Engineer after the date of this Assignment, Engineer shall sign, and Borrower shall promptly deliver, a consent from the Engineer in the form attached hereto as Exhibit B.

ITEM 16.5.

ATTACHMENT 2

2. No City Duties. City does not assume any of the obligations or duties of the Borrower under and with respect to the Design Agreements unless and until the City shall have given the applicable Architect or Engineer written notice that it has elected to complete or cause the completion of construction of the Development following the occurrence of an Event of Default under the Loan Agreement. If the City does not personally undertake to complete construction of the Development, the City shall have no liability whatsoever for the performance of any of such obligations or duties of the Borrower. For the purpose of completing the Development, the City may, in its absolute discretion, reassign its right, title, and interest in the Design Agreements, upon notice to the Architect and Engineer but without any requirement of the Borrower's consent.

3. No Prior Assignment. The Borrower represents and warrants that there has been no prior assignment of the Plans or the Design Agreements, that the Design Agreements are valid and enforceable agreements, and that no party is in default thereunder and that all covenants, conditions and agreements have been performed as required therein, except those not due to be performed until after the date hereof. The Borrower agrees not to amend or modify the Design Agreements unless the requirements of the Loan Agreement have been met. The Borrower agrees not to assign, sell, pledge, mortgage, or otherwise transfer or encumber its interest in the Design Agreements or Plans so long as this Assignment is in effect.

4. Appointment of City as Attorney-in-Fact. During the existence and continuance of an Event of Default under the Loan Agreement, subject to the notice and cure period set faith in Section 6.1 of the Loan Agreement; the Borrower hereby irrevocably appoints the City as its attorney-in-fact (which appointment is coupled with an interest and is irrevocable) to demand, receive and enforce the Borrower's rights with respect to the Design Agreements and the Plans, to make payments under the Design Agreements and to give appropriate receipts, releases and satisfactions for and on behalf of and in the name of the Borrower or, at the option of the City in the name of the City, with the same force and effect as the Borrower could do if this Assignment had not been made.

5. Present Assignment. This Assignment shall constitute a perfected, absolute and present assignment, provided that the City shall not enforce the provisions of the Design Agreements or exercise any other remedies under this Assignment until an Event of Default shall occur under the Loan Agreement. Upon the occurrence of any such Event of Default, the City may, without affecting any of its rights or remedies against the Borrower under any other instrument, document or agreement, exercise its rights under this Assignment in any manner permitted by law, and in addition, the City shall have the right to exercise and enforce any or all rights and remedies available after default to a secured party under the Uniform Commercial Code, as adopted in the State of California. If notice to the Borrower of any intended disposition of the collateral or of any intended action is required by law in any particular instance, such notice shall be deemed commercially reasonable if given at least ten (10) days prior to the date of intended disposition or other action.

6. Borrower Liability for Costs and Expenses. The Borrower hereby agrees to pay all costs and expenses (including, without limitation, reasonable attorneys' fees) which the City may incur in exercising any of its rights under this Assignment.

ITEM 16.5.

ATTACHMENT 2

7. Binding on Successors and Assigns. Subject to the aforesaid limitation of further assignment by the Borrower, this Assignment shall be binding upon the Borrower, its successors and assigns, and shall inure to the benefit of the City, its successors and assigns.

8. Amendments and Modifications. This Assignment may be waived, modified, amended, terminated, or discharged only explicitly in writing signed by the City and Borrower. A waiver signed by the City shall be effective only in a specific instance and for the specific purpose given. Mere delay or failure to act shall not preclude the exercise or enforcement of any of the City's rights or remedies hereunder. All rights and remedies of the City shall be cumulative and shall be exercised singularly or concurrently, at City's option, and the exercise or enforcement of any one such right or remedy shall neither be a condition to nor bar the exercise or enforcement of any other.

IN WITNESS WHEREOF, the Borrower executed this Assignment of Architectural and Engineering Agreements as of the day and year first above written.

BORROWER:

MILLS STATION AFFORDABLE HOUSING PARTNERS, L.P.,
a California limited partnership
By: Related/Mills Station Affordable Development Co., LLC, By:- - - -------- - -
Name: Ann Silverberg
Its: President
APPROVED BY CITY:

CITY OF RANCHO CORDOVA,
a California municipal corporation
By:

Micah Runner, City Manager
ATTEST:

By:

Stacy Leitner, City Clerk
APPROVED AS TO FORM:

ITEM 16.5.

ATTACHMENT 2

By:

Adam Lindgren, City Attorney
ITEM 16.5.

ATTACHMENT 2

EXHIBIT "A"

ARCHITECT'S ACKNOWLEDGMENT AND CONSENT
In consideration of the City making of the Loan to the Borrower described in the foregoing Assignment, the undersigned architect (the "Architect") hereby consents to the above Assignment and acknowledges and agrees with the City as follows:

I. The Architect has prepared the Architectural Plans and has entered into the Architectural Agreement with the Borrower, a true and correct copy of which is attached as Attachment No. I, pursuant to which the Architect has agreed to act as architect in connection with the construction of the Development.

2. The Plans have not been modified or assigned and the Architectural Agreement is in full force and effect, and no event has occurred or failed to occur as of the date hereof that but for the passage of time or the giving of notice or both would be a default thereunder.

3. Upon the occurrence of an Event of Default under the Loan Agreement, the City shall have the right, at its option upon written notice to the Architect, to exercise its right to use the Architectural Plans and ideas, designs, and concepts therein' contained in connection with the completion of the Development in connection with the construction of the Development, without payment of any additional fees or charges to the Architect, and the Architect shall, at the City's request, continue performance on City's behalf under the Architectural Agreement in accordance with the terms thereof, provided that the Architect is compensated in accordance with the Architectural Agreement for all work rendered on City's behalf. Architect agrees that any and all liens, claims, rights, remedies and recourses that Architect may have or may otherwise be entitled to assert against all or any portion of the Development (as that term is defined in the Assignment) shall be and they are hereby made expressly subordinate, junior and inferior to the liens, claims, rights, remedies and recourses, as created by the various City Documents (as that term is defined in the Loan Agreement).

4. In the event the design documents are assigned to the City and the City elects to not engage Mogavero Architects for further work on the project, the City will indemnify and defend Mogavero Architects against any and all claims filed against Mogavero Architects in association with the project.

5. The disbursement provisions contained in the Loan Agreement shall control the disbursement of loan funds and payments to the Architect notwithstanding any conflicting provisions contained in the Architectural Agreement. Notwithstanding the foregoing, if the City shall elect to assume the Borrower's obligations under the Architectural Agreement, the payments to the Architect shall be controlled by the terms of the Architectural Agreement.

6. Upon written notice by the City to the Architect, the City may enforce the obligations of the Architectural Agreement with the same force and effect as if enforced by the Borrower; and may perform the obligations of the Borrower; and the Architect will accept such performance in lieu of performance by the Borrower and in satisfaction in full of the Borrower's obligations thereunder.

ITEM 16.5.

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7. Architect will give the City prompt written notice of any default by the Borrower under the Architectural Agreement.

8. Architect agrees not to terminate the Architectural Agreement or exercise any other remedy under the Architectural Agreement by reason of any defaults by the Borrower unless such default shall have continued for a period of thirty (30) days after written notice of such default is given to the City by the Architect. Furthermore, in the event the Architectural Agreement is terminated or the Architect has exercised any remedy under the Architectural Agreement by reason of a default by the Borrower, the Architect agrees to reinstate the Architectural Agreement and recommence services under the Architectural Agreement, so long as the City assumes the obligations of the Borrower thereunder within a reasonable time. Nothing herein shall require the City to cure any default of the Borrower under the Architectural Agreement.

9. The undersigned hereby certifies that, to the best of its knowledge and in conformance with the professional standard core. The Architectural Plans are in compliance with all applicable building laws, ordinances, rules and regulations affecting the Development and the real estate on which it is situated. Upon completion of the Development, the Architect will certify to the City and to any assignee of the loan made by the City, that the Development has been completed in accordance with the Architectural Plans and all such building laws, ordinances, rules and regulations.

10. The officer signing this consent on behalf of the Architect hereby certifies that the Architect has full authority under all state and local laws and regulations to perform all of its obligations under the Contract in accordance with the terms thereof and that the Architect will comply with all applicable laws and regulations, local, state and federal, in performing such obligations.

11. This Acknowledgment and Consent shall be binding upon and shall inure to the benefit of the Architect and the City, and their successors and assigns.

ARCHITECT:

By:

Name: - - --- - -- -
Title:

Dated: - - --- - -- -
ITEM 16.5.

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EXHIBIT A
Architectural Agreement
ITEM 16.5.

ATTACHMENT 2

EXHIBIT "B"

ENGINEER'S ACKNOWLEDGMENT AND CONSENT
In consideration of the City making of the Loan to the Borrower described in the foregoing Assignment, the undersigned engineer (the "Engineer") hereby consents to the above Assignment and acknowledges and agrees with the City as follows:

1. The Engineer has prepared the Engineering Plans and has entered into the Engineering Agreement with the Borrower, a true and correct copy of which is attached as Exhibit A ("Engineering Agreement"), pursuant to which the Engineer has agreed to act as engineer in connection with the construction of the Development.

2. The Plans have not been modified or assigned and the Engineering Agreement is in full force and effect, and no event has occurred or failed to occur as of the date hereof that but for the passage of time or the giving of notice or both would be a default thereunder.

3. Upon the occurrence of an Event of Default under the Loan Agreement, the City shall have the right, at its option upon written notice to the Engineer, to exercise its right to use the Engineering Plans and ideas, designs, and concepts therein' contained in connection with the completion of the Development without payment of any additional fees or charges to the Engineer and the Engineer shall, at the City's request, continue performance on City's behalf under the Engineering Agreement in accordance with the terms thereof, provided that the Engineer is compensated in accordance with the Engineering Agreement for all work rendered on City's behalf. Engineer agrees that any and all liens, claims, rights, remedies and recourses that Engineer may have or may otherwise be entitled to assert against all or any portion of the Development (as that term is defined in the Assignment) shall be and they are hereby made expressly subordinate, junior and inferior to the liens, claims, rights, remedies and recourses, as created by the various City Documents (as that term is defined in the Loan Agreement).

4. The disbursement provisions contained in the Loan Agreement shall control the disbursement of loan funds and payments to the Engineer notwithstanding any conflicting provisions contained in the Engineering Agreement. Notwithstanding the foregoing, if the City shall elect to assume the Borrower's obligations under the Engineering Agreement, the payments to the Engineer shall be controlled by the terms of the Engineering Agreement.

5. Upon written notice by the City to the Engineer, the City may enforce the obligations of the Engineering Agreement with the same force and effect as if enforced by the Borrower; and may perform the obligations of the Borrower; and the Engineer will accept such performance in lieu of performance by the Borrower and in satisfaction in full of the Borrower's obligations thereunder.

6. Engineer will give the City prompt written notice of any default by the Borrower under the Engineering Agreement.

7. Engineer agrees not to terminate the Engineering Agreement or exercise any other remedy under the Engineering Agreement by reason of any defaults by the Borrower unless such default shall have continued for a period of thirty (30) days after written notice of such default is ITEM 16.5.

ATTACHMENT 2

given to the City by the Engineer. Furthermore, in the event the Engineering Agreement is terminated or the Engineer has exercised any remedy under the Engineering Agreement by reason of a default by the Borrower, the Engineer agrees to reinstate the Engineering Agreement and recommence services under the Engineering Agreement, so long as the City assumes the obligations of the Borrower thereunder within a reasonable time. Nothing herein shall require the City to cure any default of the Borrower under the Engineering Agreement.

8. The undersigned hereby certifies that, to the best of its knowledge, the Engineering Plans are in compliance with all applicable building laws, ordinances, rules and regulations affecting the Development and the real estate on which it is situated. Upon completion of the Development, the Engineer will certify to the City and to any assignee of the loan made by the City, that the Development has been completed in accordance with the Engineering Plans and all such building laws, ordinances, rules and regulations.

9. The officer signing this consent on behalf of the Engineer hereby certifies that the Engineer has full authority under all state and local laws and regulations to perform all of its obligations under the Engineering Agreement in accordance with the terms thereof and that the Engineer will comply with all applicable laws and regulations, local, state and federal, in performing such obligations.

10. This Acknowledgment and Consent shall be binding upon and shall inure to the benefit of the Engineer and the City, and their successors and assigns.

ENGINEER:

By:

Name: - - --- - -- -
Title:

Dated: - - --- - -- -
ITEM 16.5.

ATTACHMENT 2

EXHIBITB
Engineering Agreement
5528209.l
5768786. l
5798880.1
ITEM 16.5.

ATTACHMENT 2

EXHIBITE

CITY INSURANCE REQUIREMENTS
Throughout the term of this Agreement, Borrower shall obtain and maintain, at Borrower's expense, the following policies of insurance.

A. Liability Insurance. Commercial general liability insurance on an "occurrence basis" covering all claims with respect to injury or damage to persons or property occurring on, in or about the Property and the Improvements. The limits of liability under this Paragraph B shall be not less than Two Million Dollars ($2,000,000) combined single limit per occurrence, with a deductible no greater than Twenty-Five Thousand Dollars ($25,000) or such higher deductible as may be approved by City, which approval shall not be unreasonably withheld.

B. Worker's Compensation Insurance. Worker's compensation insurance, in the amount required under then applicable state law, covering Owner's employees, if any, at work on the Predevelopment Work or engaged in services or operations in connection with the Project or the Property. Owner shall require that any contract entered into by Owner with regard to work to be undertaken on the Property include a contractual undertaking by the contractor to provide worker's compensation insurance for its employees in compliance with applicable state law.

C. General Insurance Provisions.

1. All policies of insurance provided for in this Exhibit shall be provided under valid and enforceable policies, in such forms and amounts as hereinbefore specified, issued by insurers licensed to do business in the State of California ( or approved to do business in California and listed on the California Department ofl nsurance list of Eligible Surplus Lines Insurers or successor listing) and having a rating of A-VII or better in Best Insurance Guide or, if Best Insurance Guide is no longer in existence, a comparable rating from a comparable rating service. Owner shall deliver to City certificates evidencing the insurance required to be carried by Owner under this Exhibit E. If requested by City, Owner shall deliver within ten (10) days following such request, certified, complete copies of the insurance policies required hereunder.

2. Each policy of insurance obtained pursuant to this Agreement, other than worker's compensation insurance, shall contain endorsements which provide:
(a) A waiver by the insurer of the right of subrogation against City for negligence of the City,
(b) A statement that the insurance shall not be invalidated should any insured waive in writing prior to the loss any or all right of recovery 22 ITEM 16.5.

ATTACHMENT 2

against any party for loss accruing to the property described in the insurance policy, and
( c) A provision that no act or omission of Owner which would otherwise result in forfeiture or reduction of the insurance therein provided shall affect or limit the obligation of the insurance company to pay the amount of any loss sustained.
(d) By endorsements, City, and its elected and appointed officials, officers, employees and agents shall be named as additional insured under the liability insurance required to be maintained by Owner hereunder. City shall be named as loss payee on the property insurance policies required to be maintained hereunder.

3. Each policy required hereunder shall include a Notice of Cancellation or Change in Coverage Endorsement which shall provide that such policy shall not be cancelled or materially changed without at least thirty (30) days' prior written notice by registered or certified mail to City.

4. All insurance policies shall provide that there shall be no exclusion from coverage for cross liability among the listed insureds.

5. Each policy shall contain an endorsement that provides that the insurance applies separately to each insured that is seeking coverage or against whom a claim is made, except with respect to the limits of liability

6. Each policy shall be written as a primary policy not contributing with and not in excess of coverage that City may carry.

7. Each policy shall expressly provide that City shall not be required to give notice of accidents or claims and that City shall have no liability for premiums.

D. Blanket Policies. Any insurance provided for in this Exhibit E may be placed by a policy or policies of blanket insurance; provided, however, that such policy or policies provide that the amount of the total insurance allocated to the Property and the Project shall be such as to furnish protection the equivalent of separate policies in the amounts herein required, and provided further that in all other respects any such policy or policies shall comply with the other provisions of this Agreement.

E. Waiver of Subrogation. To the extent permitted by law and the policies of insurance required to be maintained hereunder, and without affecting such insurance coverage, City and Owner each waive any right to recover against the other:

1. Damages for injury or death of persons,

2. Damage to property,
23 ITEM 16.5.

ATTACHMENT 2

3. D amage to the Property or the Improvements or any part thereof, or

4. Claims arising by reason of any of the foregoing, to the extent that such damages and/or claims are covered (and only to the extent of such coverage) by insurance actually carried by either City or Owner.

This provision is intended to restrict each party (as permitted by law) to recover against insurance carriers to the extent of such coverage, and waive fully, and for the benefit of each, any rights and/or claims which might give rise to a right of subrogation in any insurance carrier.

Compliance with Policy Requirements. Owner shall observe and comply with the requirements of all policies of public liability, fire and other policies of insurance at any time in force, and Owner shall so perform and satisfy the requirements of the companies writing such policies that at all times companies of good standing shall be willing to write or to continue such insurance. 5500294.1
5769466.2
24 ITEM 16.5.

ATTACHMENT 2

MEMORANDUM

City Council Staff Report - Page 1 of 2

ITEM 16.6.

DATE: October 21, 2024

TO: Honorable Mayor and Council Members

FROM: Ian Winbrock, Management Analyst II
Megan Siren, Assistant to the City Manager

SUBJECT: A RESOLUTION ACCEPTING A GRANT FROM THE U.S.

DEPARTMENT OF JUSTICE COMMUNITY ORIENTED POLICING
SERVICES (COPS) IN THE AMOUNT OF $175,000 AND

AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO

EXECUTE A GRANT AGREEMENT

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would allow the Rancho Cordova Police Department to accept a grant from the Department of Justice Office of Community Oriented Policing Services (COPS) in the amount of $175,000 to fund the "Advancing Community Policing through Arts and STEM Integration for Underserved Youth" project and authorize the City Manager or his designee to execute the grant agreement.

BACKGROUND

The City Manager's Office submitted a grant application to the Department of Justice Office of Community Oriented Policing Services (COPS) and was awarded $175,000 through the Fiscal Year 2024 Community Policing Development Microgrants. The grant will fund the "Advancing Community Policing through Arts and STEM Integration for Underserved Youth" program at the Rancho Cordova Youth Center (RCYC).

This project aims to reduce youth involvement in criminal activity by engaging underserved youth in STEM and arts programs at the RCYC. Local artists and STEM / STEAM organizations will lead workshops that integrate arts with STEM education, promoting creativity and critical thinking. The project will foster community cohesion and strengthen relationships between youth and law enforcement.

The effectiveness of the program will be measured by youth participation rates, reductions in delinquent behavior, and positive community feedback.

The goals and objectives for this funding include:
• Integrating arts and STEM programming to engage underserved youth.

City Council Staff Report - Page 2 of 2

• Promoting community cohesion and reducing youth crime. • Strengthening relationships between law enforcement and local youth.

FISCAL IMPACT AND FUNDING SOURCE

The grant will be supportive of the Rancho Cordova Youth Center programs. There is no fiscal impact on the City's General Fund.

ATTACHMENT(S)

1. Resolution

2. Exhibit A to the Resolution

ITEM 16.6. 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, ACCEPTING A GRANT FROM THE U.S. DEPARTMENT OF

JUSTICE COMMUNITY ORIENTED POLICING SERVICES (COPS) IN THE AMOUNT OF $175,000 AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A

GRANT AGREEMENT

WHEREAS, the Rancho Cordova Police Department desires to implement the "Advancing Community Policing through Arts and STEM Integration for Underserved Youth" project, aimed at reducing youth involvement in criminal activity through arts and STEM programming; and

WHEREAS, this program will be funded by a grant in the amount of $175,000 made available through the Fiscal Year 2024 Community Policing Development Microgrants administered by the Department of Justice Office of Community Oriented Policing Services (COPS); and

WHEREAS, Matt Tamayo, Chief of Police of the Rancho Cordova Police Department, and Micah Runner, City Manager, are authorized to execute a grant agreement with the Department of Justice Office of Community Oriented Policing Services for the project as described in Exhibit A; and

WHEREAS, any liability arising out of the performance of this contract, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency; and

WHEREAS, grant funds received hereunder shall not be used to supplant expenditures controlled by the City of Rancho Cordova.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager or his designee to accept a grant from the Department of Justice Office of Community Oriented Policing Services (COPS) in the amount of $175,000 and execute a grant agreement with COPS.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 21st day of October 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ITEM 16.6. ATTACHMENT 1 Resolution No. XX-2024 Page 2 of 2 ATTEST:

David Sander, Mayor

Stacy Leitner, CMC
City Clerk

Department of Justice (DOJ)
Office of Community Oriented Policing Services (COPS
Office)
Washington, D.C. 20531
Name and Address of Recipient: CITY OF RANCHO CORDOVA
2729 PROSPECT PARK DR STE 117
City, State and Zip: RANCHO CORDOVA, CA 95670
Recipient UEI: ZPFZUH75WCL2
Project Title: FY24 CITY OF RANCHO
CORDOVA, CA Microgrant  Award Number: 15JCOPS-24-GG-02549-PPSE Solicitation Title: FY24 Community Policing Development Microgrants Federal Award Amount: $175,000.00   Federal Award Date: 9/30/24 Awarding Agency:   Office of Community Oriented Policing Services Funding Instrument Type: Grant
Opportunity Category: D
Assistance Listing:

16.710 - Public Safety Partnership and Community Policing Grants Project Period Start Date: 10/1/24  Project Period End Date: 9/30/26 Budget Period Start Date: 10/1/24  Budget Period End Date: 9/30/26 Project Description:

The Rancho Cordova Police Department (RCPD) will use FY24 Microgrants funds to enrich existing STEM programming through the “Advancing Community Policing through Arts and STEM Integration for Underserved Youth at the Rancho Cordova Youth Center (RCYC)” project. The project, facilitated by the RCPD Youth Services Unit and targeting underserved youth, will enrich existing STEM programming by integrating arts workshops led by local artists and STEAM organization Musical Instruments 'N Kids' Hands (MINKH) leading to enhanced community cohesion and a reduction in youth involvement in criminal activity.

Page: 1 of 19
ITEM 16.6.

ATTACHMENT 2
Exhibit A to the Resolution

Award Letter
September 30, 2024
Dear Matt Tamayo,

On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Community Oriented Policing Services (the COPS Office) has approved the application submitted by  CITY OF RANCHO CORDOVA  for an award under the funding opportunity entitled 2024 FY24 Community Policing Development Microgrants. The approved award amount is $175,000.

Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents.

Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by the COPS Office, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award.

Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds.

Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date.

To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven’t already completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process.

Congratulations, and we look forward to working with you.

Hugh T. Clements
COPS Director
Office for Civil Rights Notice for All Recipients
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) enforces federal civil rights laws and other provisions that prohibit discrimination by recipients of federal financial assistance from OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW).

Several civil rights laws, including Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance (recipients) to give assurances that they will comply with those laws.  Taken together, these and other civil rights laws prohibit recipients from discriminating in the provision of services and employment because of race, color, national origin, religion, disability, and sex or from discriminating in the provision of services on the bases of age.

Some recipients of DOJ financial assistance have additional obligations to comply with other applicable nondiscrimination provisions like the Omnibus Crime Control and Safe Streets Act of 1968, which prohibits discrimination on the basis of religion in addition to race, color, national origin, and sex.  Recipients may also have related requirements regarding the development and implementation of equal employment opportunity programs.

Page: 2 of 19
ITEM 16.6.

ATTACHMENT 2
Exhibit A to the Resolution

OCR provides technical assistance, training, and other resources to help recipients comply with civil rights obligations.

Further, OCR administratively enforces civil rights laws and nondiscrimination provisions by investigating DOJ recipients that are the subject of discrimination complaints.

In addition, OCR conducts compliance reviews of DOJ
recipients based on regulatory criteria.  These investigations and compliance reviews permit OCR to evaluate whether DOJ recipients are providing services to the public and engaging in employment practices in a nondiscriminatory manner.

For more information about OCR, your civil rights and nondiscrimination responsibilities, how to notify your employees or beneficiaries of their civil rights protections and responsibilities and how to file a complaint, as well as technical assistance, training, and other resources, please visit www.ojp.gov/program/civil-rights-office/outreach .  If you would
like OCR to assist you in fulfilling your civil rights or nondiscrimination responsibilities, please contact us at askOCR@o jp.usdoj.gov or www.ojp.gov/program/civil-rights-office/about#ocr-contacts.

Award Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

Recipient Information
Recipient Name

CITY OF RANCHO CORDOVA
UEI
ZPFZUH75WCL2 ORI Number

Street 1
2729 PROSPECT PARK DR STE 117 Street 2
City

RANCHO CORDOVA
State/U.S. Territory
California
Zip/Postal Code
95670
Country
United States
County/Parish

Province

Award Details
Federal Award Date
9/30/24
Award Type
Initial
Award Number
15JCOPS-24-GG-02549-PPSE
Supplement Number
00 Federal Award Amount
$175,000.00
Funding Instrument Type
Grant
Assistance Listing
Number
Assistance Listings Program Title

16.710 Public Safety Partnership and Community Policing Grants Page: 3 of 19
ITEM 16.6.

ATTACHMENT 2
Exhibit A to the Resolution

Statutory Authority
The Public Safety Partnership and Community Policing Act of 1994, 34 U.S.C. § 10381 et seq [ ]
I have read and understand the information presented in this section of the Federal Award Instrument.

Project Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

Solicitation Title
2024 FY24 Community Policing Development
Microgrants
Application Number
GRANT14141971
Awarding Agency
COPS
Grant Manager Name

LINDA BRASWELL
Phone Number
202-394-2808
E-mail Address
[email protected]
Project Title
FY24 CITY OF RANCHO CORDOVA, CA Microgrant
Performance Period Start
Date
10/01/2024
Performance Period End Date
09/30/2026
Budget Period Start Date
10/01/2024
Budget Period End Date
09/30/2026
Project Description
The Rancho Cordova Police Department (RCPD) will use FY24 Microgrants funds to enrich existing STEM programming through the “Advancing Community Policing through Arts and STEM Integration for Underserved Youth at the Rancho Cordova Youth Center (RCYC)” project. The project, facilitated by the RCPD Youth Services Unit and targeting underserved youth, will enrich existing STEM programming by integrating arts workshops led by local artists and STEAM organization Musical Instruments 'N Kids' Hands (MINKH) leading to enhanced community cohesion and a reduction in youth involvement in criminal activity.
[ ]
I have read and understand the information presented in this section of the Federal Award Instrument.

Page: 4 of 19
ITEM 16.6.

ATTACHMENT 2
Exhibit A to the Resolution

Financial Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

A financial analysis of budgeted costs has been completed. All costs listed in the approved budget below were programmatically approved based on the final proposed detailed budget and budget narratives submitted by your agency to the COPS Office. Any adjustments or edits to the proposed budget are explained below.

Budget Clearance Date: 9/9/24 7:00 PM
Comments
No items
Budget Category Proposed
Budget
Change Approved
Budget
Percentages
Sworn Officer Positions: $0 $0 $0 ––
Civilian or Non-Sworn Personnel: $0 $0 $0 ––
Travel: $0 $0 $0 ––
Equipment: $0 $0 $0 ––
Supplies: $923 $0 $923 ––
SubAwards: $100,224$0 $100,224 ––
Procurement Contracts: $73,853 $0 $73,853 ––
Other Costs: $0 $0 $0 ––
Total Direct Costs: $175,000$0 $175,000 ––
Indirect Costs: $0 $0 $0 ––
Total Project Costs: $175,000$0 $175,000 ––
Federal Funds: $175,000$0 $175,000 100.00%
Match Amount: $0 $0 $0 0.00%
Program Income: $0 $0 $0 0.00%
Budget Category
Sworn Officer
Page: 5 of 19
ITEM 16.6.

ATTACHMENT 2
Exhibit A to the Resolution

Civilian Personnel
Travel
Equipment
Supplies
SubAwards
Procurement Contracts
Other Costs
Indirect Costs
BudgetYearDetail
Description Base Indirect
Cost Rate
Total Cost
No items
Indirect Costs Total Cost
$0
Additional Narrative
[ ]
I have read and understand the information presented in this section of the Federal Award Instrument.

Other Award Documents
[ ]
I have read and understand the information presented in this section of the Federal Award Instrument.

No other award documents have been added.

Award Conditions
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. 1 Page: 6 of 19
ITEM 16.6.

ATTACHMENT 2
Exhibit A to the Resolution

Restrictions on Internal Confidentiality Agreements: No recipient or subrecipient under this award, or entity that receives a contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts the lawful reporting of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. Further Consolidated Appropriations Act, 2024, Public Law 118-47, Division B, Title VII, Section 742. 2 Federal Civil Rights: The recipient and any subrecipient must comply with applicable federal civil rights and nondiscrimination statutes and regulations including: Section 601 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d), as implemented in Subparts C and D of 28 C.F.R. Part 42; section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), as implemented in Subpart G of 28 C.F.R. Part 42; section 901 of the Education Amendments of 1972 (20 U.S.C. § 1681), as implemented in Subpart D of 28 C.F.R. Parts 42 and 54; section 303 of the Age Discrimination Act of 1975 (42 U.S.C. § 6102), as implemented in Subpart I of 28 C.F.R. Part 42; and section 809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)), as implemented in Subpart D of 28 C.F.R. Part 42.

In addition to applicable federal statutes and regulations that pertain to civil rights and nondiscrimination, the recipient and any subrecipient must comply with the requirements in 28 C.F.R. Parts 22 (Confidentiality of Identifiable Research and Statistical Information); 28 C.F.R. Part 23 (Criminal Intelligence Systems Operating Policies); 28 C.F.R. Part 38 (Partnerships with Faith-Based and Other Neighborhood Organizations); and 28 C.F.R. Part 46 (Protection of Human Subjects). For an overview of the civil rights laws and nondiscrimination requirements in connection with your award, please see https://www.ojp.gov/program/civil-rights/overview. 3 Award Monitoring Activities: Federal law requires that recipients receiving federal funding from the COPS Office must be monitored to ensure compliance with their award conditions and other applicable statutes and regulations. The COPS Office is also interested in tracking the progress of our programs and the advancement of community policing.

Both aspects of award implementation—compliance and programmatic benefits—are part of the monitoring process coordinated by the U.S. Department of Justice. Award monitoring activities conducted by the COPS Office include site visits, enhanced office-based grant reviews, alleged noncompliance reviews, financial and programmatic reporting, and audit resolution. As a COPS Office award recipient, you agree to cooperate with and respond to any requests for information pertaining to your award. This includes all financial records, such as general accounting ledgers and all supporting documents. All information pertinent to the implementation of the award is subject to agency review throughout the life of the award, during the close-out process and for three-years after the submission of the final expenditure report. 2 C.F.R. §§ 200.334 and 200.337, and, as applicable, 34 U.S.C. § 10385(a). 4 Authorized Representative Responsibility: The recipient understands that, in accepting this award, the Authorized Representatives declare and certify, among other things, that they possess the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accept (or adopt) all material requirements throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority.
5 Contract Provision: All contracts made by the award recipients under the federal award must contain the provisions required under 2 C.F.R. Part 200, Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards. Please see appendices in the Award Owner’s Manual for a full text of the contract provisions. 6 Award Owner’s Manual: The recipient agrees to comply with the terms and conditions in the applicable award year COPS Office Program Award Owner's Manual; DOJ Grants Financial Guide; COPS Office statute (34 U.S.C. § 10381, et seq.) as applicable; Students, Teachers, and Officers Preventing (STOP) School Violence Act of 2018 (34 U.S.C. § 10551, et seq.) as applicable; the requirements of 2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), including subsequent changes, as adopted by the U.S.

Department of Justice in 2 C.F.R. § 2800.101; 48 C.F.R. Part 31 (FAR Part 31) as applicable (Contract Cost Principles and Procedures); the Cooperative Agreement as applicable; representations made in the application; and all other applicable program requirements, laws, orders, regulations, or circulars.

Page: 7 of 19
ITEM 16.6.

ATTACHMENT 2
Exhibit A to the Resolution

Failure to comply with one or more award requirements may result in remedial action including, but not limited to, withholding award funds, disallowing costs, suspending, or terminating the award, or other legal action as appropriate.

Should any provision of an award condition be deemed invalid or unenforceable by its terms, that provision will be applied to give it the maximum effect permitted by law. Should the provision be deemed invalid or unenforceable in its entirety, such provision will be severed from this award. 7 Duplicative Funding: The recipient understands and agrees to notify the COPS Office if it receives, from any other source, funding for the same item or service also funded under this award. 8 Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and COPS Office authority to terminate award): The recipient and subrecipient agree to comply with the following requirements of 2 C.F.R. Part 175, Appendix A to Part 175 – Award Term:

I. Trafficking in Persons
(a)
Provisions applicable to a recipient that is a private entity. (1) Under this award, the recipient, its employees, subrecipients under this award, and subrecipient’s employees must not engage in:
(i) Severe forms of trafficking in persons;
(ii)
The procurement of a commercial sex act during the period of time that this award or any subaward is in effect;
(iii) The use of forced labor in the performance of this award or any subaward; or (iv)
Acts that directly support or advance trafficking in persons, including the following acts:
(A) Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee’s identity or immigration documents;
(B) Failing to provide return transportation or pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless:
(1) Exempted from the requirement to provide or pay for such return transportation by the Federal department or agency providing or entering into the grant or cooperative agreement; or (2) The employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or a witness in a human trafficking enforcement action; (C) Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment; (D) Charging recruited employees a placement or recruitment fee; or (E)
Providing or arranging housing that fails to meet the host country’s housing and safety standards. (2) The Federal agency may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. 7104b(c), without penalty, if any private entity under this award:
(i) Is determined to have violated a prohibition in paragraph (a)(1) of this appendix; or (ii)
Has an employee that is determined to have violated a prohibition in paragraph (a)(1) of this this appendix through conduct that is either:
(A) Associated with the performance under this award; or (B)
Imputed to the recipient or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, ‘‘OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),’’ as implemented by DOJ at 2 C.F.R. Part 2867.
(b) Provision applicable to a recipient other than a private entity. (1) The Federal agency may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. 7104b(c), without penalty, if a subrecipient that is a private entity under this award:
(i) Is determined to have violated a prohibition in paragraph (a)(1) of this appendix; or
(ii) Has an employee that is determined to have violated a prohibition in paragraph (a)(1) of this appendix through conduct that is either:
(A) Associated with the performance under this award; or (B)
Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, ‘‘OMB Guidelines to Agencies on Government-wide Debarment and Suspension Page: 8 of 19
ITEM 16.6.

ATTACHMENT 2
Exhibit A to the Resolution

(Nonprocurement),’’ as implemented by 2 C.F.R. Part 2867. (c) Provisions applicable to any recipient.
(1)
The recipient must inform the Federal agency and the Inspector General of the Federal agency immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (a)(1) of this appendix. (2) The Federal agency’s right to unilaterally terminate this award as described in paragraphs (a)(2) or (b)(1) of this appendix:
(i) Implements the requirements of 22 U.S.C. 78, and
(ii)
Is in addition to all other remedies for noncompliance that are available to the Federal agency under this award. (3) The recipient must include the requirements of paragraph (a)(1) of this award term in any subaward it makes to a private entity.
(4) If applicable, the recipient must also comply with the compliance plan and certification requirements in 2 CFR 175.105(b).
(d) Definitions. For purposes of this award term:

Employee means either:
(1) An individual employed by the recipient or a subrecipient who is engaged in the performance of the project or program under this award; or
(2) Another person engaged in the performance of the project or program under this award and not compensated by the recipient including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing
requirements.

Private Entity means any entity, including for-profit organizations, nonprofit organizations, institutions of higher education, and hospitals. The term does not include foreign public entities, Indian Tribes, local governments, or states as defined in 2 CFR 200.1.

The terms ‘‘severe forms of trafficking in persons,’’ ‘‘commercial sex act,’’ ‘‘sex trafficking,’’ ‘‘Abuse or threatened abuse of law or legal process,’’ ‘‘coercion,’’ ‘‘debt bondage,’’ and ‘‘involuntary servitude’’ have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
9 Termination: Recipient understands and agrees that the COPS Office may terminate funding, in whole or in part, for the following reasons:
(1) When the recipient fails to comply with the terms and conditions of a Federal award. (2)
When the recipient agrees to the termination and termination conditions. (3) When the recipient provides the COPS Office written notification requesting termination including the reasons, effective date, and the portion of the award to be terminated. The COPS Office may terminate the entire award if the remaining portion will not accomplish the purposes of the award. (4) Pursuant to any other award terms and conditions, including, when an award no longer effectuates the program goals or agency priorities to the extent such termination is authorized by law.

2. C.F.R. § 200.340.
10 Recipient Integrity and Performance Matters: For awards over $500,000, the recipient agrees to comply with the following requirements of 2 C.F.R. Part 200, Appendix XII to Part 200 – Award Term and Condition for Recipient Integrity and Performance Matters:

I. Reporting of Matters Related to Recipient Integrity and Performance (a)
General Reporting Requirement.
(1) If the total value of your active grants, cooperative agreements, and procurement contracts from all Federal agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient must ensure the information available in the responsibility/qualification records through the System for Award Management (SAM.gov), about civil, criminal, or administrative proceedings described in paragraph (b) of this award term is current and complete. This is a statutory requirement under section 872 of Public Law 110–417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111– 212, all information posted in responsibility/qualification records in SAM.gov on or after April 15, 2011 (except past performance reviews required for Federal procurement contracts) will be publicly available. (b) Proceedings About Which You Must Report.
(1)
You must submit the required information about each proceeding that— (i) Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government;
(ii) Reached its final disposition during the most recent five-year period; and Page: 9 of 19
ITEM 16.6.

ATTACHMENT 2
Exhibit A to the Resolution

(iii) Is one of the following—
(A) A criminal proceeding that resulted in a conviction; (B) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (C) An administrative proceeding that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or (D) Any other criminal, civil, or administrative proceeding if— (1)
It could have led to an outcome described in paragraph (b)(1)(iii)(A) through (C); (2) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and (3) The requirement in this award term to disclose information about the proceeding does not conflict with applicable laws and regulations.
(c) Reporting Procedures. Enter the required information in SAM.gov for each proceeding described in paragraph (b) of this award term. You do not need to submit the information a second time under grants and cooperative agreements that you received if you already provided the information in SAM.gov because you were required to do so under Federal procurement contracts that you were awarded.
(d) Reporting Frequency. During any period of time when you are subject to the requirement in paragraph (a) of this award term, you must report proceedings information in SAM.gov for the most recent five-year period, either to report new information about a proceeding that you have not reported previously or affirm that there is no new information to report. If you have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000, you must disclose semiannually any information about the criminal, civil, and administrative proceedings.
(e) Definitions. For purposes of this award term—
Administrative proceeding means a nonjudicial process that is adjudicatory in nature to make a determination of fault or liability (for example, Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with the performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables.

Conviction means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. Total value of currently active grants, cooperative agreements, and procurement contracts includes the value of the Federal share already received plus any anticipated Federal share under those awards (such as continuation funding). 11 Reporting Subawards and Executive Compensation: The recipient agrees to comply with the following requirements of 2 C.F.R. Part 170, Appendix A to Part 170 – Award Term:

I. Reporting Subawards and Executive Compensation
(a)
Reporting of first-tier subawards—(1) Applicability. Unless the recipient is exempt as provided in paragraph (d) of this award term, the recipient must report each subaward that equals or exceeds $30,000 in Federal funds for a subaward to an entity or Federal agency. The recipient must also report a subaward if a modification increases the Federal funding to an amount that equals or exceeds $30,000. All reported subawards should reflect the total amount of the
subaward.
(2) Reporting Requirements. (i) The entity or Federal agency must report each subaward described in paragraph (a)(1) of this award term to the Federal Funding Accountability and Transparency Act Subaward Reporting System (FSRS) at http://www.fsrs.gov. (ii) For subaward information, report no later than the end of the month following the month in which the subaward was issued. (For example, if the subaward was made on November 7, 2025, the subaward must be reported by no later than December 31, 2025).
(b) Reporting total compensation of recipient executives for entities—(1) Applicability. The recipient must report the total compensation for each of the recipient’s five most highly compensated executives for the preceding completed fiscal year if:
(i) The total Federal funding authorized to date under this Federal award equals or exceeds $30,000;
(ii) in the preceding fiscal year, the recipient received:
(A)
80 percent or more of the recipient’s annual gross revenues from Federal procurement contracts (and subcontracts) and Federal awards (and subawards) subject to the Transparency Act; and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal awards (and subawards) subject to the Transparency Act; and, (iii) The public does not have access to information about the compensation of the executives through periodic reports Page: 10 of 19
ITEM 16.6.

ATTACHMENT 2
Exhibit A to the Resolution

filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986 after receiving this subaward. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http:// www.sec.gov/answers/execomp.htm.)
(2) Reporting Requirements. The recipient must report executive total compensation described in paragraph (b)(1) of this appendix:
(i) As part of the recipient’s registration profile at https://www.sam.gov. (ii)
No later than the month following the month in which this Federal award is made, and annually after that. (For example, if this Federal award was made on November 7,
2025, the executive total compensation must be reported by no later than December 31, 2025.)
(c) Reporting of total compensation of subrecipient executives—(1) Applicability. Unless a first-tier subrecipient is exempt as provided in paragraph (d) of this appendix, the recipient must report the executive total compensation of each of the subrecipient’s five most highly compensated executives for the subrecipient’s preceding completed fiscal year, if:
(i) The total Federal funding authorized to date under the subaward equals or exceeds $30,000;
(ii) In the subrecipient’s preceding fiscal year, the subrecipient received:
(A)
80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal awards (and subawards) subject to the Transparency Act; and, (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal awards (and subawards) subject to the Transparency Act; and (iii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986 after receiving this subaward. (To determine if the public has access to the compensation information, see
the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) (2) Reporting Requirements. Subrecipients must report to the recipient their executive total compensation described in paragraph
(c)(1) of this appendix. The recipient is required to submit this information to the Federal Funding Accountability and Transparency Act Subaward Reporting System (FSRS) at http://www.fsrs.gov no later than the end of the month following the month in which the subaward was made. (For example, if the subaward was made on November 7, 2025, the subaward must be reported by no later than December 31, 2025). (d) Exemptions. (1) A recipient with gross income under $300,000 in the previous tax year is exempt from the requirements to report:
(i) Subawards, and
(ii)
The total compensation of the five most highly compensated executives of any subrecipient. (e) Definitions. For purposes of this award term:

Entity includes:
(1) Whether for profit or nonprofit:
(i)
A corporation;
(ii) An association;
(iii) A partnership;
(iv) A limited liability company;
(v) A limited liability partnership;
(vi) A sole proprietorship;
(vii) Any other legal business entity;
(viii) Another grantee or contractor that is not excluded by subparagraph (2); and (ix) Any State or locality;
(2) Does not include:
(i) An individual recipient of Federal financial assistance; or (ii) A Federal employee.

Executive means an officer, managing partner, or any other employee holding a management position.

Subaward has the meaning given in 2 CFR200.1.

Subrecipient has the meaning given in 2CFR 200.1.

Total Compensation means the cash and noncash dollar value an executive earns during an entity’s preceding fiscal year. This includes all items of compensation as prescribed in 17 CFR 229.402(c)(2). 12 Page: 11 of 19
ITEM 16.6.

ATTACHMENT 2
Exhibit A to the Resolution

Assurances and Certifications: The recipient acknowledges its agreement to comply with the Assurances and Certifications forms that were signed as part of its application. 13 Conflict of Interest: Recipients and subrecipients must disclose in writing to the COPS Office or pass-through entity, as applicable, any potential conflict of interest affecting the awarded federal funding in 2 C.F.R. § 200.112. 14 Debarment and Suspension: The recipient agrees not to award federal funds under this program to any party which is debarred or suspended from participation in federal assistance programs. 2 C.F.R. Part 180 (Government-wide Nonprocurement Debarment and Suspension) and 2 C.F.R. Part 2867 (DOJ Nonprocurement Debarment and Suspension).
15 Equal Employment Opportunity Plan (EEOP): All recipients of funding from the COPS Office must comply with the federal regulations pertaining to the development and implementation of an Equal Employment Opportunity Plan. 28 C.F.R. Part 42 subpart E.
16 Employment Eligibility: The recipient agrees to complete and keep on file, as appropriate, the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) Employment Eligibility Verification Form (I-9). This form is to be used by recipients of federal funds to verify that persons are eligible to work in the United States. Immigration Reform and Control Act of 1986 (IRCA), Public Law 99-603. 17 Enhancement of Contractor Protection from Reprisal for Disclosure of Certain Information: Recipients and subrecipients agree not to discharge, demote, or otherwise discriminate against an employee as reprisal for the employee disclosing information that he or she reasonably believes is evidence of gross mismanagement of a federal contract or award, a gross waste of federal funds, an abuse of authority relating to a federal contract or award, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or award. Recipients and subrecipients also agree to provide to their employees in writing (in the predominant native language of the workforce) of the rights and remedies provided in 41 U.S.C. § 4712. Please see appendices in the Award Owner’s Manual for a full text of the statute. 18 False Statements: False statements or claims made in connection with COPS Office awards may result in fines, imprisonment, debarment from participating in federal awards or contracts, and/or any other remedy available by law. 31 U.S.C. § 3729-3733.
19 Mandatory Disclosure: Recipients and subrecipients must timely disclose in writing to the Federal awarding agency or pass-through entity, as applicable, all federal criminal law violations involving fraud, bribery, or gratuity that may potentially affect the awarded federal funding. Recipients that receive an award over $500,000 must also report certain civil, criminal, or administrative proceedings in SAM and are required to comply with the Term and Condition for Recipient Integrity and Performance Matters as set out in 2 C.F.R. Part 200, Appendix XII to Part 200. Failure to make required disclosures can result in any of the remedies, including suspension and debarment, described in 2 C.F.R. § 200.339. 2 C.F.R. § 200.113.
20 Reports/Performance Goals: To assist the COPS Office in monitoring and tracking the performance of your award, your agency will be responsible for submitting semi-annual programmatic performance reports that describe project activities during the reporting period and quarterly Federal Financial Reports using Standard Form 425 (SF-425). 2 C.F.R. §§ 200.328 - 200.329. The performance report is used to track your agency’s progress in implementing the award, and, as applicable, community policing strategies including gauging the effectiveness of your agency’s Page: 12 of 19
ITEM 16.6.

ATTACHMENT 2
Exhibit A to the Resolution

community policing capacity. The Federal Financial Report is used to track the expenditures of the recipient’s award funds on a cumulative basis throughout the life of the award. 21 System for Award Management (SAM.gov) and Universal Identifier Requirements: The recipient agrees to comply with the following requirements of 2 C.F.R. Part 25, Appendix A to Part 25 – Award Term:

I. System for Award Management (SAM.gov) and Universal Identifier Requirements (a)
Requirement for System for Award Management. (1) Unless exempt from this requirement under 2 CFR 25.110, the recipient must maintain a current and active registration in SAM.gov. The recipient’s registration must always be current and active until the recipient submits all final reports required under this Federal award or receives the final payment, whichever is later. The recipient must review and update its information in SAM.gov at least annually from the date of its initial registration or any subsequent updates to ensure it is current, accurate, and complete. If applicable, this includes identifying the recipient’s immediate and highest-level owner and subsidiaries and providing information about the recipient’s predecessors that have received a Federal award or contract within the last three years.
(b) Requirement for Unique Entity Identifier (UEI). (1) If the recipient is authorized to make subawards under this Federal award, the recipient:
(i) Must notify potential subrecipients that no entity may receive a subaward until the entity has provided its UEI to the recipient.
(ii) Must not make a subaward to an entity unless the entity has provided its UEI to the recipient. Subrecipients are not required to complete full registration in SAM.gov to obtain a UEI. (c) Definitions. For the purposes of this award term:

System for Award Management (SAM.gov) means the Federal repository into which a recipient must provide the information required for the conduct of business as a recipient. Additional information about registration procedures may be found in SAM.gov (currently at https://www.sam.gov).

Unique entity identifier means the universal identifier assigned by SAM.gov to uniquely identify an entity.

Entity is defined at 2 CFR 25.400 and includes all of the following types as defined in 2 CFR 200.1:
(1) Non-Federal entity;
(2)
Foreign organization;
(3) Foreign public entity;
(4) Domestic for-profit organization; and
(5) Federal agency.

Subaward has the meaning given in 2 CFR 200.1.

Subrecipient has the meaning given in 2 CFR 200.1.
22 Additional High-Risk Recipient Requirements: The recipient agrees to comply with any additional requirements that may be imposed during the award performance period if the awarding agency determines that the recipient is a high- risk recipient. 2 C.F.R. § 200.208.
23 Allowable Costs: The funding under this award is for the payment of approved costs for program-specific purposes.

The allowable costs approved for your agency's award are limited to those listed in your agency’s award package. In accordance with 2 C.F.R. § 200.400(g), the recipient or subrecipient must not earn or keep any profit resulting from the award. Your agency may not use award funds for any costs not identified as allowable in the award package. 24 Training Guiding Principles: Any training or training materials developed or delivered with award funding provided by the Office of Community Oriented Policing Services is to adhere to the following guiding principles –

1. Trainings must comply with applicable law.

In developing and conducting training under the award, recipients (and any subrecipients) shall not violate the Constitution or any federal law, including any law prohibiting discrimination.

2. The content of trainings and training materials must be accurate, appropriately tailored, and focused.

The content of training programs must be accurate, useful to those being trained, and well matched to the program's Page: 13 of 19
ITEM 16.6.

ATTACHMENT 2
Exhibit A to the Resolution

stated objectives. Training materials used or distributed at trainings must be accurate, relevant, and consistent with these guiding principles.

3. Trainers must be well?qualified in the subject area and skilled in presenting it.

Trainers must possess the subject?matter knowledge and the subject?specific training experience necessary to meet the objectives of the training. In selecting or retaining a trainer, recipients (or subrecipients) should consider such factors as the trainer's resume and written materials, interviews with the trainer, observation of other trainings conducted by the trainer, feedback from other entities with which the trainer has worked, training participant feedback and evaluations, and the general reputation of the trainer.

4. Trainers must demonstrate the highest standards of professionalism.

Trainers must comport themselves with professionalism. While trainings will necessarily entail varying teaching styles, techniques, and degrees of formality, as appropriate to the particular training goal, professionalism demands that trainers instruct in the manner that best communicates the subject matter while conveying respect for all. 25 Computer Network Requirement: The recipient understands and agrees that no award funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. Nothing in this requirement limits the use of funds necessary for any federal, state, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.

Consolidated Appropriations Act, 2024, Public Law 118-42, Division C, Title V, Section 527. 26 Evaluations: The COPS Office may conduct monitoring or sponsor national evaluations of its award programs. The recipient agrees to cooperate with the monitors and evaluators. 34 U.S.C. § 10385(b). 27 Human Subjects Research: The recipient agrees to comply with the provisions of the U.S. Department of Justice’s common rule regarding Protection of Human Subjects, 28 C.F.R. Part 46, prior to the expenditure of Federal funds to perform such activities, if applicable. The recipient also agrees to comply with 28 C.F.R. Part 22 regarding the safeguarding of individually identifiable information collected from research participants. 28 Extensions: Recipients may request an extension of the award period to receive additional time to implement their award program. Such extensions do not provide additional funding. Only those recipients that can provide a reasonable justification for delays will be granted no-cost extensions. Extension requests must be received prior to the end date of the award. 2 C.F.R. §§ 200.308(f)(10) and 200.309. 29 Modifications: Award modifications are evaluated on a case-by-case basis in accordance with 2 C.F.R. § 200.308(i).

For federal awards in excess of $250,000, any modification request involving the reallocation of funding between budget categories that exceed or are expected to exceed 10 percent (10%) of the total approved budget requires prior written approval by the COPS Office. Regardless of the federal award amount or budget modification percentage, any reallocation of funding is limited to approved budget categories. In addition, any budget modification that changes the scope of the project requires prior written approval by the COPS Office. 30 The Paperwork Reduction Act Clearance and Privacy Act Review: Recipient agrees, if required, to submit all surveys, interview protocols, and other information collections to the COPS Office for submission to the Office of Management and Budget (OMB) for clearance under the Paperwork Reduction Act (PRA). Before submission to OMB, all information collections that request personally identifiable information must be reviewed by the COPS Office to ensure compliance with the Privacy Act. The Privacy Act compliance review and the PRA clearance process may take several months to complete. 44 U.S.C. §§ 3501-3520 and 5 U.S.C. § 552a. 31 Page: 14 of 19
ITEM 16.6.

ATTACHMENT 2
Exhibit A to the Resolution

Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: Recipient agrees that it, and its subrecipients, will not use award funds to extend, renew, or enter into any contract to procure or obtain any covered telecommunication and video surveillance services or equipment as described in 2 CFR §200.216. Covered services and equipment include telecommunications or video surveillance services or equipment produced or provided by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); or an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of China. The use of award funds on covered telecommunications or video surveillance services or equipment are unallowable.

2. C.F.R. § § 200.216 & 471. See also Section 889 of the John S. McCain National Defense Authorization Act of Fiscal Year 2019, Public Law 115-232.
32 Sole Source Justification: Recipients who have been awarded funding for the procurement of an item (or group of items) or service in excess of $250,000 and who plan to seek approval for use of a noncompetitive procurement process must provide a written sole source justification to the COPS Office for approval prior to obligating, expending, or drawing down award funds for that item or service. 2 C.F.R. § 200.325(b)(2). 33 Supplementing, not Supplanting: State, local, and tribal government recipients must use award funds to supplement, and not supplant, state, local, or Bureau of Indian Affairs (BIA) funds that are already committed or otherwise would have been committed for award purposes (hiring, training, purchases, and/or activities) during the award period. In other words, state, local, and tribal government recipients may not use COPS Office funds to supplant (replace) state, local, or BIA funds that would have been dedicated to the COPS Office-funded item(s) in the absence of the COPS Office award. 34 U.S.C. § 10384(a).
34 Travel Costs: Travel costs for transportation, lodging and subsistence, and related items are allowable with prior approval from the COPS Office. Payment for allowable travel costs will be in accordance with 2 C.F.R. § 200.475. 35 Copyright: If applicable, the recipient may copyright any work that is subject to copyright and was developed, or for which ownership was acquired, under this award in accordance with 2 C.F.R. § 200.315(b). The COPS Office reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish, or otherwise use the work, in whole or in part (including create derivative works), for Federal Government purposes, and to authorize others to do so. The COPS Office also reserves the right, at its discretion, not to publish deliverables and other materials developed under this award as a U.S. Department of Justice resource.

Products and deliverables developed with award funds and published as a U.S. Department of Justice resource will contain the following copyright notice:
“This resource was developed under a federal award and may be subject to copyright. The U.S. Department of Justice reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use the work for Federal Government purposes and to authorize others to do so. This resource may be freely distributed and used for noncommercial and educational purposes only.”
36 Requirement to report actual or imminent breach of personally identifiable information (PII).

The recipient (and any subrecipient at any tier) must have written procedures in place to respond in the event of an actual or imminent breach (as defined in OMB M-17-12) if it (or a subrecipient)-- 1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of personally identifiable information (PII) (as defined in 2 C.F.R. 200.1) within the scope of a COPS Office grant-funded program or activity, or 2) uses or operates a Federal information system (as defined in OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to the recipient’s COPS Office Program Manager no later than 24 hours after Page: 15 of 19
ITEM 16.6.

ATTACHMENT 2
Exhibit A to the Resolution

an occurrence of an actual breach, or the detection of an imminent breach. 37 Domestic preferences for procurements: Recipient agrees that it, and its subrecipients, to the greatest extent practicable, will provide a preference for the purchase, acquisition, or use of goods, products, and materials produced in, and services offered in, the United States. 2. C.F.R. § 200.322 and Executive Order 14005, Ensuring the Future is Made in All of America by All of America’s Workers, January 25, 2021. 38 Public Release Information: The recipient agrees to submit one copy of all reports and proposed publications resulting from this award ninety (90) days prior to public release. Any publications (written, curricula, visual, sound, or websites) or computer programs, whether or not published at government expense, shall contain the following statement:
"This project was supported, in whole or in part, by federal award number [YYYY-XX-XXXX] awarded to [Entity] by the U.S. Department of Justice, Office of Community Oriented Policing Services. The opinions contained herein are those of the author(s) or contributor(s) and do not necessarily represent the official position or policies of the U.S.

Department of Justice. References to specific individuals, agencies, companies, products, or services should not be considered an endorsement by the author(s), contributor(s), or the U.S. Department of Justice. Rather, the references are illustrations to supplement discussion of the issues.

The Internet references cited in this publication were valid as of the date of publication. Given that URLs and websites are in constant flux, neither the author(s) nor the COPS Office can vouch for their current validity." 39 Determination of suitability required, in advance, for certain individuals who may interact with participating minors.

SCOPE. This condition applies to this award if it is indicated –- in the application for the award (as approved by DOJ) (or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute –- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.

The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status.

1. Advance determination regarding suitability. The recipient (and any subrecipient at any tier) may not permit any covered individual to interact with any participating minor in the course of activities under the award, unless the recipient or subrecipient first has made a written determination of the suitability of that individual to interact with participating minors, based on current and appropriate information as described in paragraph 3.E., and taking into account the factors and considerations described in paragraph 4.

2. Updates and reexaminations
A.

The recipient (or subrecipient) must, at least every five years, update the searches described in paragraph 3.E.1. and 2., reexamine the covered individual’s suitability determination in light of those search results, and, if appropriate, modify or withdraw that determination.

B.

The recipient also must reexamine a covered individual’s suitability determination upon learning of information that reasonably may suggest unsuitability and, if appropriate, modify or withdraw that determination.

3. Definitions
A.
"Covered individual" means any individual (other than a participating minor, as defined in this condition, or a client of the recipient (or subrecipient)) who is expected, or reasonably likely, to interact with any participating minor (other than the individual's own minor children). A covered individual need not have any particular employment status or legal relationship with the recipient (or subrecipient). Such an individual might be an employee of a recipient (or subrecipient), but also might be (for example) a consultant, contractor, employee of a contractor, trainee, volunteer, or teacher.

Page: 16 of 19
ITEM 16.6.

ATTACHMENT 2
Exhibit A to the Resolution

B. "Participating minor." All individuals under 18 years of age within the set of individuals described in the scope section of this condition as it appears on the award document are participating minors.

C. "Interaction" includes physical contact, oral and written communication, and the transmission of images and sound, and may be in person or by electronic (or similar) means. But "interaction" does not include-- (1)
brief contact that is both unexpected by the recipient (or subrecipient) and unintentional on the part of the covered individual -- such as might occur when a postal carrier delivers mail to an administrative office. (2) personally-accompanied contact -- that is, infrequent or occasional contact (for example, by someone who comes to make a presentation) in the presence of an accompanying adult, pursuant to written policies and procedures of the recipient (or subrecipient) that are designed to ensure that -- throughout the contact -- an appropriate adult who has been determined to be suitable pursuant to this condition will closely and personally accompany, and remain continuously within view and earshot of, the covered individual.

D. "Activities under the award." Whether paid for with federal funds from the award, "matching" funds included in the COPS Office-approved budget for the award, or "program income" for the award as defined by the (DOJ) Part 200 Uniform Requirements), activities under the award include both -- (1) activities carried out under the award by the recipient (or subrecipient); and (2)
actions taken by an entity or individual pursuant to a procurement contract under the award or to a procurement contract under a subaward at any tier.

E. "Current and appropriate information"
In addition to information resulting from checks or screening required by applicable federal, state, tribal, or local law, and/or by the recipient's (or subrecipient's) written policies and procedures, current and appropriate information includes the results of all required searches listed below, each of which must be completed no earlier than six months before the determination regarding suitability.
(1) Public sex offender and child abuse websites/registries A search (by current name, and, if applicable, by previous name(s) or aliases), of the pertinent and reasonably- accessible federal, state, and (if applicable) local and tribal sex offender and child abuse websites/public registries, including--
(a) the Dru Sjodin National Sex Offender Public Website (www.nsopw.gov); (b)
the website/public registry for each state (and/or tribe, if applicable) in which the individual lives, works, or goes to school, or has lived, worked, or gone to school at any time during the past five years; and (c) the website/public registry for each state (and/or tribe, if applicable) in which the individual is expected to, or reasonably likely to, interact with a participating minor in the course of activities under the award. (2) Criminal history registries and similar repositories of criminal history records For each individual at least 18 years of age who is a covered individual under this award, a fingerprint search (or, if the recipient or subrecipient documents that a fingerprint search is not legally available, a name-based search, using current and, if applicable, previous names and aliases) (-- encompassing at least the time period beginning five calendar years preceding the date of the search request -- of pertinent state (and, if applicable, local and tribal) criminal history registries or similar repositories, including-- (a) the criminal history registry for each state in which the individual lives, works, or goes to school, or has lived, worked, or gone to school at any time during the past five years; and (b)
the criminal history registry for each state in which he or she is expected to, or reasonably likely to, interact with a participating minor in the course of activities under the award.

Page: 17 of 19
ITEM 16.6.

ATTACHMENT 2
Exhibit A to the Resolution

4. Factors and considerations in determinations regarding suitability In addition to the factors and considerations that must or may be considered under applicable federal, state, tribal, or local law, and under the recipient's (or subrecipient's) written policies and procedures, in making a determination regarding suitability, the recipient (or subrecipient) must consider the current and appropriate information described in paragraph 3.E.

In particular (unless applicable law precludes it), with respect to either an initial determination of suitability or a subsequent reexamination, the recipient (or subrecipient) may not determine that a covered individual is suitable to interact with participating minors in the course of activities under the award if the covered individual-- A. Withholds consent to a criminal history search required by this condition; B.

Knowingly makes (or made) a false statement that affects, or is intended to affect, any search required by this condition;
C. Is listed as a registered sex offender on the Dru Sjodin National Sex Offender Public Website; D.

To the knowledge of the recipient (or subrecipient), has been convicted -- whether as a felony or misdemeanor -- under federal, state, tribal, or local law of any of the following crimes (or any substantially equivalent criminal offense, regardless of the specific words by which it may be identified in law):
(1) sexual or physical abuse, neglect, or endangerment of an individual under the age of 18 at the time of the offense; (2)
rape/sexual assault, including conspiracy to commit rape/sexual assault; (3) sexual exploitation, such as through child pornography or sex trafficking; (4) kidnapping;
(5) voyeurism; or
E. Is determined by a federal, state, tribal, or local government agency not to be suitable.

5. Administration; rule of construction
A. The requirements of this condition are among those that must be included in any subaward (at any tier), and must be monitored. They apply as of the date of acceptance of this award, and throughout the remainder of the period of performance.

B. The recipient is to contact the DOJ awarding agency with any questions regarding the requirements of this condition and must not allow a covered individual to interact with a participating minor until such questions are answered.

C.

Award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition, provided that such funds would not supplant non-federal funds that would otherwise be available for such costs.

D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal, state, tribal, or local law, including any applicable civil rights or nondiscrimination law.
[ ]

I have read and understand the information presented in this section of the Federal Award Instrument.

Award Acceptance
Declaration and Certification to the U.S. Department of Justice as to Acceptance By checking the declaration and certification box below, I-- Page: 18 of 19
ITEM 16.6.

ATTACHMENT 2
Exhibit A to the Resolution

A.    Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant.

B.    Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) I have conducted or there was conducted (including by applicant’s legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted  in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) I have the legal authority to accept this award on behalf of the applicant.

C.    Accept this award on behalf of the applicant.

D.    Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant:  (1) I understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) I understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise.

Agency Approval
Title of Approving Official
COPS Director
Name of Approving Official
Hugh T. Clements
Signed Date And Time
9/19/24 5:32 PM
Authorized Representative

Page: 19 of 19
ITEM 16.6.

ATTACHMENT 2
Exhibit A to the Resolution

MEMORANDUM

City Council Staff Report - Page 1 of 2

ITEM 16.7.

DATE: October 21, 2024

TO: Honorable Mayor and Council Members

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

SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2024-239 WITH SACRAMENTO COUNTY FOR

REDUCED TIPPING FEES AT KIEFER LANDFILL FOR DISPOSAL OF

RESIDENTIAL WASTE COLLECTED IN RANCHO CORDOVA BY
ATLAS DISPOSAL STARTING JANUARY 1, 2025

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would authorize the City Manager to execute Contract No. 2024-239 with Sacramento County to provide reduced tipping fees at Kiefer Landfill for the disposal of residential waste collected by Atlas Disposal starting January 1, 2025.

BACKGROUND

On March 4, 2024, the City Council approved a ten-year agreement with Atlas Disposal LLC (Atlas) for residential solid waste collection and street sweeping services. The Atlas proposal to the City identified Kiefer Landfill as the designated disposal facility for residential waste collected in Rancho Cordova starting January 1, 2025.

Sacramento County allows municipal agencies to execute agreements for reduced tipping fees at Kiefer Landfill in exchange for a minimum annual tonnage guarantee, and the amount of the fee reduction offered by the County is based on the minimum annual tonnage of waste guaranteed to be delivered to Kiefer Landfill. The proposed agreement provides a $1.00 per ton discount in exchange for a guarantee to deliver a minimum of 10,000 tons of residential waste annually from Rancho Cordova. Atlas is projected to deliver approximately 18,000 tons of residential waste annually from Rancho Cordova, so the minimum annual tonnage guarantee will easily be met. The proposed agreement will therefore save approximately $18,000 annually in disposal costs at Kiefer Landfill, and the annual savings will likely increase in future years as the City grows.

FISCAL IMPACT AND FUNDING SOURCE

This item has no impact on the City's General Fund.

ATTACHMENT(S)

City Council Staff Report - Page 2 of 2

1. Resolution

2. Contract No. 2024-239

ITEM 16.7. 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. 2024-239 WITH SACRAMENTO COUNTY FOR REDUCED TIPPING FEES AT KIEFER

LANDFILL FOR DISPOSAL OF RESIDENTIAL WASTE COLLECTED IN RANCHO CORDOVA BY ATLAS DISPOSAL STARTING JANUARY 1, 2025

WHEREAS, on March 4, 2024, the City Council approved the selection of Atlas Disposal (Atlas) for the residential waste collection and street sweeping contract beginning January 1, 2025; and

WHEREAS, Atlas identified Kiefer Landfill as the designated disposal facility for residential waste collected in Rancho Cordova in its proposal to the City; and

WHEREAS, Sacramento County offers reduced tipping fees to municipal agencies in exchange for a minimum annual tonnage guarantee of waste delivered to Kiefer Landfill; and

WHEREAS, the proposed agreement requires the City to deliver a minimum of 10,000 tons per year of waste to Kiefer Landfill in exchange for a $1.00 per ton discount on the tip-fee; and

WHEREAS, Atlas is projected to deliver approximately 18,000 tons of residential waste to Kiefer Landfill annually, so the proposed agreement will save approximately $18,000 annually in disposal costs.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA authorizes the City Manager to execute Contract No. 2024-239 with Sacramento County for reduced tipping fees at Kiefer Landfill for disposal of residential waste collected in Rancho Cordova by Atlas Disposal starting January 1, 2025.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 21st day of October 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

David Sander, Mayor

Stacy Leitner, CMC
City Clerk

ITEM 16.7.

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MEMORANDUM

City Council Staff Report - Page 1 of 2

ITEM 16.8.

DATE: October 21, 2024

TO: Honorable Mayor and Council Members

FROM: Dalia Fadl, Principal Engineer

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

AN ANNUAL STORMWATER UTILITY FEE FOR THE MAINTENANCE

OF STORM DRAINAGE AND FLOOD PROTECTION SYSTEMS FOR

THE SUNRIDGE PARK III PROJECT

RECOMMENDATION

Adopt the Resolution designating a time and place for hearing protests in connection with the annual Stormwater Utility Fee for the Sunridge Park III project.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would declare the Council’s intention to impose an annual Stormwater Utility Fee for the maintenance of the storm drainage and flood protection system in the Sunridge Park III project.

BACKGROUND

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

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

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

A “Rate Analysis Report” was adopted on August 7, 2014, by Resolution No. 103-2014. The report calculated the Fiscal Year 2014/2015 maximum annual Stormwater Utility Fee amount

City Council Staff Report - Page 2 of 2

for each parcel proportionate to the estimated stormwater runoff for each parcel. The maximum annual fee increases each subsequent Fiscal Year by the annual change in the Consumer Price Index (CPI), during the preceding year, for all Urban Consumers, for the San Francisco- Oakland-San Jose areas, published by the United States Department of Labor, Bureau of Labor Statistics. A sample of the Stormwater Utility Fees for Fiscal Year 2024-2025 is provided in Attachment 4.

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

The Resolution (Attachment 1) sets the public hearing at 5:30 p.m., or as soon thereafter as possible, on November 4, 2024, as the time and date for a hearing on the matters set forth therein and directs the City Clerk to give notice of the public hearing. Notice of the Public Hearing will be published in the Grapevine Independent as required by law.

FISCAL IMPACT AND FUNDING SOURCE

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

ATTACHMENT(S)

1. Resolution

2. Exhibit A to the Resolution

3. Annexation Boundary Map

4. Stormwater Utility Fee - Rate Sheet FY24-25

5. Petition with Waivers

ITEM 16.8. 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, DESIGNATING A TIME AND PLACE FOR HEARING PROTESTS IN

CONNECTION WITH THE ANNUAL STORMWATER UTILITY FEE FOR THE RANCHO

CORDOVA SUNRIDGE PARK III PROJECT

WHEREAS, the Stormwater Utility Fee was established on September 2, 2014 by Ordinance No. 7-2014 to fund services and facilities furnished by the City in connection with its storm drain system. The Proposed Stormwater Utility Fee may be billed through the County Utility Billing Service (CUBS) as part of the consolidated utility bill or may be collected on the County of Sacramento tax roll, commencing in Fiscal Year 2024-2025, in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the City in the manner prescribed by Sections 5471 et seq. of the California Health and Safety Code; and

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

WHEREAS, Article XIII D of the California Constitution and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750, et seq.) (the "Implementation Act") imposes certain procedural and substantive requirements relating to the imposition of property- related fees and charges (as defined in Article XIII D), such as the Proposed Stormwater Utility Fee, including the requirement to conduct a protest hearing and balloting for consideration of the Proposed Stormwater Utility Fee. In accordance with Article XIII D and the Implementation Act, the City Council hereby approves the "Procedures for the Conduct of a Protest Hearing and Balloting Relating to a Proposed Stormwater Utility Fee" as set forth in Exhibit A and incorporated herein by reference (the "Procedures"); and WHEREAS, this Council has received petitions and waivers from the owners of 100% of the area of land proposed to be included in the Proposed Stormwater Utility Fee in which the Petitioner has waived all notices of hearings and all published notices regarding the establishment of the stormwater utility fee, notices of election, and applicable waiting periods.

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

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

2. Notice is hereby given that the City Council designates Monday November 4, 2024, at the hour of 5:30 p.m., in the Council Chambers, City Hall, 2729 Prospect Park Drive, Rancho Cordova, California, as the time and place for a public hearing on the above-described written report and protests or objections to the imposition of the proposed Stormwater Utility Fee. At the

ITEM 16.8. ATTACHMENT 1 Resolution No. XX-2024 Page 2 of 2 above-described public hearing, all interested persons shall be afforded the opportunity to hear and be heard, and the City Council shall consider all protests against the Proposed Stormwater Utility Fee. If written protests against the Stormwater Utility Fee are presented by a majority of owners of the Identified Parcels, the City shall not impose the Proposed Stormwater Utility Fee.

In the absence of a majority protest, the City Council may submit the Proposed Stormwater Utility Fee to a vote of the property owners in accordance with Article XIII D of the California Constitution.

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

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

5. The City Council hereby designates Dalia Fadl, Principal Engineer, telephone number, (916) 851-8718 to answer inquiries regarding the public hearing, protest proceedings and procedural or technical matters.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 21st day of October 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

David Sander, Mayor

Stacy Leitner, CMC
City Clerk

ITEM 16.8. ATTACHMENT 2
Exhibit A to the Resolution
EXHIBIT "A"

PROCEDURES FOR THE CONDUCT OF A

PROTEST HEARING AND VOTE RELATING TO A PROPOSED

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

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

A. Rate Analysis Report
The City shall cause to be prepared a written report ("Rate Analysis Report"), which shall contain a list of all parcels to which the Proposed Stormwater Utility Fee will apply (the "Identified Parcels") and the amount of the Proposed Stormwater Utility Fee for each Identified Parcel for Fiscal Year 2024-2025.

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

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

ITEM 16.8. ATTACHMENT 2
Exhibit A to the Resolution
"Record Owner" means the owner of an Identified Parcel whose name and address appears on the last acramento County equalized secured property tax assessment roll (the "Assessment Roll"), or in the case of any public entity, the State of California, or the United States, means the representative of that public entity at the address of that entity known to the City.

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

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

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

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

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

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

ITEM 16.8. ATTACHMENT 2
Exhibit A to the Resolution
If the owner of any Identified Parcel is not shown on the Assessment Roll, such owner may file a protest for such parcel by filing with the City Clerk a proxy from the Record Owner in a form satisfactory to the City Attorney or evidence of ownership satisfactory to the City Attorney. Any such proxy or evidence must be received by the City Clerk prior to the conclusion of the public hearing.

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

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

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

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

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

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

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

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

ITEM 16.8. ATTACHMENT 2
Exhibit A to the Resolution
All written protests shall be considered public records.

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

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

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

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

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

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

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

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

ITEM 16.8. ATTACHMENT 2
Exhibit A to the Resolution
• The ballot shall include the agency's address for return of the ballot, the date and location where the ballots will be tabulated, and a place where the person returning it may indicate his or her name, a reasonable identification of the parcel, and his or her support or opposition to the proposed fee. The ballots shall be tabulated in a location accessible to the public. The ballot shall be in a form that conceals its content once it is sealed by the person submitting it. The ballot shall remain sealed until the ballot tabulation commences.

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

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

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

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

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

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

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

Legend
Annexation Boundary
Parcel Boundary

DOUGLAS RD

RANCHO CORDOVA PKWY
APN
067-0650-052
!

CITY OF RANCHO CORDOVA

STORMWATER UTILITY FEE AREA
ANNEXATION 41
(SUNRIDGE PARK III)
ITEM 16.8.

ATTACHMENT 3

ITEM 16.8. ATTACHMENT 4 Stormwater Utility Fee
Sample of the Stormwater Utility Fees for Fiscal Year 2024-2025:

Table 1
Land Use Description
Total Area
(acres) Sample Fee
Single Family Residential (SFR1) 0.16 $154.33
Single Family Residential (SFR2) 0.22 $169.75
Single Family Residential (SFR3) 0.30 $181.35
Single Family Residential (SFR4) 0.40 $192.90
Single Family Residential (SFR5) 1.00 $192.90
Multi-Family Residential (MFR1) 5.00 $1,350.64
Commercial 1.00 $1,447.13
Industrial 1.00 $1,543.62
Schools 5.00 $964.75
Private Recreation 1.00 $482.35
Parks/Greenbelts 2.00 $192.90
Public Property (with structures) 2.00 $578.82

Project: Sunridge Park III

CITY OF RANCHO CORDOVA

PETITION
(With Waivers)
Related to the Imposition of a Stormwater Utility Fee
and Other Related Matters
This is a petition to impose a stormwater utility fee and related matters under the Health and Safety Code and Article XIIID of the California State Constitution and it states as follows:

1. Petitioner. This Petition is submitted by the person (the “Petitioner”) (whether one or more) identified below as or for the record owner(s) of the parcels of land identified below (the “Property”). The Petitioner warrants to the City that the Petitioner is such owner , or is legally authorized to execute this Petition for and on behalf of such owner(s).

2. Proceedings Requested . This Petition asks that the City Council undertake proceedings under the Health and Safety Code and Article XIIID of the California State Constitution to impose a stormwater utility fee.

3. Boundaries. This Petition asks that the territory to be included consist of that shown on a map of the proposed area of the stormwater utility fee described in Exhibit “A” and attached hereto made a part hereof and which map includes the Property.

4. Purpose. This Petition asks that the stormwater utility fee be created, and the fee be levied to finance all or a part of the storm and flood protection services.

5. Waivers. To expedite the completion of the proceedings, the Petitioner waives all notices of hearing and all published notices regarding the establishment of the stormwater utility fee , notices of election, applicable waiting periods for the holding of any public hearing and for election and all ballot arguments and analysis for the election, it being acknowledged by the Petitioner that all such notices are for the benefit of the Petitioner and may be waived.

The Property that is subject to this petition is identified as:

County of Sacramento Assessor’s Parcel Numbers:
067-0650-052-0000: The property consists of a total of 9.57 acres.

The property consists of a total of 9.57 acres.

ITEM 16.8.

ATTACHMENT 5

ITEM 16.8.

ATTACHMENT 5

MEMORANDUM

City Council Staff Report - Page 1 of 2

ITEM 16.9.

DATE: October 21, 2024

TO: Honorable Mayor and Council Members

FROM: Dalia Fadl, Principal Engineer

SUBJECT: A RESOLUTION APPROVING THE BOUNDARY MAP FOR THE

SUNRIDGE PARK III PROJECT ANNEXATION TO THE CITY OF
RANCHO CORDOVA COMMUNITY FACILITIES DISTRICT NO. 2018-2 (COMMUNITY PLACES AND NEIGHBORHOOD GREENS)

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would approve Annexation Boundary Map No. 9 for the Sunridge Park III project to Community Facilities District No. 2018-2 (Community Places and Neighborhood Greens) and approve the recording of the Annexation Boundary Map and the Notice of Special Tax Lien.

BACKGROUND

On August 6, 2018, the City adopted a Resolution of Intention to establish a Community Facilities District (CFD) and Future Annexation Area for citywide maintenance of community places and neighborhood greens. The special tax contributes to the cost of the operation and maintenance of public improvements, including community plazas, neighborhood greens, and regional trails. On September 17, 2018, the City adopted the Resolution forming CFD No. 2018- 2 pursuant to the Mello-Roos Community Facilities Act of 1982 (State of California Government Code Section 5311 et seq.) (the “Act”). The action defining the Future Annexation Area for the District provided for a more efficient process for the annexation of property when the property owners have provided unanimous consent. Defining the Future Annexation Area provided the Resolution of Intention, noticing, and public hearing for the entire Future Annexation Area, so these steps do not need to be repeated for each annexation.

The annexation process for projects within the Future Annexation Area is streamlined to receiving a petition and waiver from the property owner(s), the City Council approving the Annexation Boundary Map by resolution, followed by the recording of the Annexation Boundary Map and Notice of Special Tax Lien by the City Clerk.

DISCUSSION
The project included in this action was conditioned to annex to CFD No. 2018-2 to provide funding for maintenance of community places and neighborhood greens, including community

City Council Staff Report - Page 2 of 2

plazas and bicycle trails, and to pay for the capital replacement of said facilities. In October 2024, the property owners signed a unanimous approval of the annexation to CFD No. 2018-2 (Attachment 4). Adoption of the attached Resolution approves Annexation Boundary Map No. 9 for the Sunridge Park III project and directs the City Clerk to execute and record the Annexation Boundary Map and Notice of Special Tax Lien for the project.

FISCAL IMPACT AND FUNDING SOURCE

This annexation has no impact on the City's General Fund. Funds collected will be used for maintenance of community places and neighborhood greens.

ATTACHMENT(S)

1. Resolution

2. Exhibit A to the Resolution

3. Exhibit B to the Resolution

4. Unanimous Approval

ITEM 16.9. ATTACHMENT 1 Resolution No. XX-2024 Page 1 of 2

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2024

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

OF CALIFORNIA, APPROVING THE BOUNDARY MAP FOR THE SUNRIDGE PARK III

PROJECT ANNEXATION TO THE CITY OF RANCHO CORDOVA COMMUNITY FACILITIES DISTRICT NO. 2018-2 (COMMUNITY PLACES AND NEIGHBORHOOD GREENS)

WHEREAS, the Conditions of Approval for the Sunridge Park III project require the property owner/applicant to participate in the provision of funding to provide fair share maintenance of Community Places and Neighborhood Greens associated with the project; and

WHEREAS, on August 6, 2018, the City adopted a Resolution of Intention to establish Community Facilities District No. 2018-2 (Community Places and Neighborhood Greens) (the “District”) and Future Annexation Area for maintenance of community places and neighborhood greens. On September 17, 2018, the City adopted a Resolution forming CFD No. 2018-2 pursuant to the Mello-Roos Community Facilities Act of 1982 (State of California Government Code Section 5311 et seq.) (the “Act”); and

WHEREAS, the action defining the Future Annexation Area for the District provided for a more efficient process for the annexation of property when the property owners have provided for their unanimous consent such that the annexation process for projects within the Future Annexation Area has been reduced to receiving a petition, consent and waiver from the property owner(s); and

WHEREAS, in October 2024, the property owner(s)s executed a unanimous approval form which irrevocably consents to and votes in favor of the annexation of the property to the District and the levy of the special tax on the property to finance the services of the CFD in accordance with the Rate and Method of the District; and

WHEREAS, in the case of annexation proceedings, pursuant to Streets and Highways Code Section 3110.5 a separate map of the area proposed to be annexed is required to be prepared and adopted; and
WHEREAS, City staff has caused to be prepared Annexation Boundary Map No. 9 for the property known as the Sunridge Park III project, Exhibit A attached hereto, for the annexation of the property to No. 2018-2 (Community Places and Neighborhood Greens).

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

1. The Council so finds and determines the above recitals are true and correct.

2. Council approves Annexation Boundary Map No. 9 and finds and determines that the territory shown in the Annexation Boundary Map is hereby added to and made a part of the District with full legal effect.

3. The City Clerk is directed to execute and record Annexation Boundary Map No. 9 in the

ITEM 16.9. ATTACHMENT 1 Resolution No. XX-2024 Page 2 of 2 office of the County Recorder of Sacramento County not later than 15 days after the adoption of this Resolution.

4. The City Council finds and determines that a special tax shall be levied within the Territory to be annexed and which special tax shall be the same as the tax to be levied within the District.

5. Collection of said tax shall commence in Fiscal Year 2024-2025, and the rate and method of apportionment of said tax shall be as set forth in the Resolution of Formation of the District.

6. The City Clerk is directed to execute and record a Notice of Special Tax Lien in substantially the same form as shown in Exhibit B attached hereto, in the office of the County Recorder of Sacramento County not later than 15 days after recordation of the Annexation Boundary Map No. 9.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 21st day of October 2024 by following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

David Sander, Mayor

Stacy Leitner, CMC
City Clerk

CHRYSANTHY BLVD

RANCHO CORDOVA PKWY
APN
067-0650-052

DOUGLAS RD

BORDERLANDS DR

CANYONLANDS DR

MONTAUK WAYTIMBERLAND DR

HABITAT WAY

BIG MEADOW WAY

PAWCATUCK WAY

KIBBIE LAKE WAYEL PORTAL WAY

TENAJA WAY

PALEO WAY

SECURITY PARK DR

KATAHDIN DR

CHOTEAU CIR

PRESERVE WAY

CUYAMACA CIR

EDYTH LAKE WAY

CEDAR BOG WAY

PAJORA WAY

ETOWAY WAY

PINGREE LAKE WAY

PINOCHE PEAK WAY

BRANIGAN LAKE WAY

HETCH HECHY DR

POOPENAUT CT

CONSERVANCY WAY

MUIR TRAIL WAY

AMENDED PROPOSED BOUNDARY MAP
1 1

COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
!
1 " = 500 '
Legend
Annexation Boundary

REFERENCE THE SACRAMENTO COUNTY ASSESSOR'S MAPS FOR A DETAILED DESCRIPTION OF PARCEL LINES AND DIMENSIONS

PROPOSED BOUNDARY OF
ANNEXATION 9
(SUNRIDGE PARK III) TO

CITY OF RANCHO CORDOVA
COMMUNITY FACILITIES DISTRICT NO. 2018-2
(COMMUNITY PLACES AND NEIGHBORHOOD GREENS)
City of Rancho Cordova
Annexation 9 (Sunridge Park III)
Community Facilities District No. 2018-2
County of Sacramento, California
Sheet ____ of ____

HARRIS & ASSOCIATES
101 PROGRESS, SUITE 250
IRVINE, CALIFORNIA 92618
800-827-4901

SUNRISE BLVD

DOUGLAS RD

KIEFER BLVD

NIKE RD

GRANT LINE RD
US 50

WHITE ROCK RD

VICINITY MAP

ANNEXATION

LOCATION
ITEM 16.9.

ATTACHMENT 2
Exhibit A to the Resolution

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, California 95670
Attention: City Clerk
____________________________________________________________________________

AMENDED NOTICE OF SPECIAL TAX LIEN
COMMUNITY FACILITIES DISTRICT NO. 2018-2
(COMMUNITY PLACES AND NEIGHBORHOOD GREENS)

OF THE CITY OF RANCHO CORDOVA
Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code and Section 53328.3 of the Government Code, the undersigned clerk of the legislative body of the City of Rancho Cordova (the “City”), State of California, hereby gives notice that a lien to secure payment of special taxes is hereby imposed by the City Council of the City. The special taxes secured by this lien are authorized to be levied for the purpose of providing services as described in Exhibit A attached hereto and hereby made a part hereof.

The special taxes are authorized to be levied within Annexation Boundary Map No. 9 (the “Annexed Area”) of the City of Rancho Cordova Community Facilities District No. 2018-2 (Community Places and Neighborhood Greens ) (the “District”), which has now been officially annexed to the District, and the lien of the special taxes are a continuing lien which shall secure each annual levy of the special taxes and which shall continue in force and effect until the special taxes cease to be levied and a notice of cessation of special taxes is recorded in accordance with Section 53330.5 of the Government Code.

The rate, method of apportionment, and manner of collection of authorized special t ax is as set forth in Exhibit B attached hereto and hereby made a part hereof. The obligation to pay the special tax may not be permanently satisfied by way of prepayment of the special tax and the lien of the special tax cannot be canceled in this manner.

Notice is further given that upon the recording of this notice in the office of the county recorder, the obligation to pay the special tax levies shall become a lien upon all nonexempt real property within the District in accordance with Section 3115.5 of the Streets and Highways Code.

The name of the owner and the assessor’s parcel number(s) of the real property included within the District and not exempt from the special tax are as set forth in Exhibit C attached hereto.

Reference is hereby made to the Notice of Special Tax Lien with respect to the District recorded on October 4, 2018, as Document No. 201810040991 page 15, in the office of the County Clerk & Recorder of the County of Sacramento, California, which contains a list of the then existing owners and assessor tax parcel numbers of the original boundaries of the District.

ITEM 16.9.

ATTACHMENT 3
Exhibit B to the Resolution

Reference is made to the boundary map of the District recorded on August 21, 2018, as Document No. 201808210674, at Book 126 of Maps of Assessment and Community Facilities Districts at Page No.19, in the office of the County Clerk & Recorder of the County of Sacramento, California, (the “ Original Boundary Map”), and the map of the Annexed Territory recorded at Book 143, Page 40, Document No. 202406100120 in the Office of the County Recorder for the County of Sacramento, State of California, which map together with the Original Boundary Map and the boundary maps of record for all prior annexations, are now the final boundary maps of the Community Facilities District including the Annexed Territory.

For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Department of Public Works of the City of Rancho Cordova , 2729 Prospect Park Drive , Rancho Cordova, California 95670, (916) 851-8710.

Dated: ___________________________ ___________________________________

CITY CLERK OF THE CITY OF

RANCHO CORDOVA
ITEM 16.9.

ATTACHMENT 3
Exhibit B to the Resolution

EXHIBIT A

CITY OF RANCHO CORDOVA
COMMUNITY FACILITIES DISTRICT NO. 2018-2
(COMMUNITY PLACES AND NEIGHBORHOOD GREENS)

LIST OF FACILTIES AND SERVICES
The City of Rancho Cordova (the “City”) is establishing Community Facilities District No. 2018 - 2 (Community Places and Neighborhood Greens) (the “CFD”) to fund, in whole or in part, the following facilities and services (the terms “facilities” and "services" shall have the meaning as given in the M ello- Roos Community Facilities Act of 1982.

AUTHORIZED FACILITIES
The CFD is being established to fund the maintenance, operations, servicing, rehabilitation and replacement of CFD Facilities. The costs associated with the initial capital improvements required for the construction or installation of the Facilities are not included in the costs to be funded by the CFD. A general list of the Facilities to be maintained by the CFD include:

1. Community Plazas. Community Plazas are a component of the Community Places category of City Open Space, as defined in the City’s Open Space Guidelines. Community Plazas are typically located in Village and Town Centers to provide areas for congregation, socializing and co mmunity events/activities. Two Community Plazas are planned for the CFD.

Specific amenities will be determined on a site by site basis. Typical amenities may include, but are not limited to, expanded public gathering space; outdoor seating and shade structures; signage and lighting; trash and recycling receptacles; bicycle park ing; features of interest such as fountains, art work, engaging landscapes and other unique structures/treatments; hardscape areas; and formal landscaping in planter boxes.

2. Bicycle Trails. Bicycle Trails are a component of the Green Infrastructure category of City Open Space as defined in the City’s Open Space Guidelines. A system of Bicycle Trails, defined as the Class I Bicycle Trails East of Sunrise Boulevard in the City’s Bicycle Trails Master Plan, is planned for the CFD.

This system of trails will have an estimated 250,530 linear feet of bicycle trails (over 47 miles) that will be a part of the City’s overall Bicycle Trail network.

Primary trails are 16’ in overall width (12’ of asphalt pavement with a 2’ shoulder on each side). Primary trails are typically located within a corridor of at least 50 feet in width, with larger widths up to 100 feet encouraged. Corridors of less than 50 feet in width may be accepted based on the unique opportunities ITEM 16.9.

ATTACHMENT 3
Exhibit B to the Resolution

and constraints within a given development project. Secondary trails feed into primary trails and provide connections to significant corridors and local trails. Secondary trails are 14’ in overall width (10’ of asphalt pavement with a 2’ shoulder on each side) and are typically located within a corridor of at least 35 feet in width, with larger widths encouraged.

Typical amenities for Bicycle Trails may include, but are not limited to, native and/or draught tolerant plants; railings and edge protections; grade separated crossings; signage and lighting; shade trees; and trailheads where trails begin or connect to other trails. Trailheads are small open space areas that may include benches; signage and lighting; trash and recycling receptacles; maps; and other elements to assist trail users.

3. Neighborhood Greens. Neighborhood Greens are the most commonly occurring component of the Community Places category of City Open Space, as defined in the City’s Open Space Guidelines.

Neighborhood Greens are small -scale urban and suburban open spaces serving as places to meet , gather, socialize, commune with nature or otherwise participate in passive recreation activities.

Neighborhood Greens are typically located in small developed and landscaped areas generally within residential neighborhoods in new development areas.

Specific amenities will be determined on a site by site basis. Typical amenities may include, but are not limited to, public gathering space; multi -purpose tables and shade structures; signage and lighting; trash and recycling receptacles; water fountains, barbeque areas and bicycle parking; walking paths, including those with special paving materials; landscape areas and hardscape areas; and distinguished areas with a special design feature such as tree variety or amenity.

4. Other Facilities. In addition to the facilities described above, the following features as described in the City’s Open Space Guidelines may be maintained by the CFD:

Community Places Green Infrastructure
Neighborhood Greens Pedestrian Trails
Town Greens Pedestrian Paseos
Community Gardens / Rose Gardens / Display
Gardens
Utility Easements
Water Resources / Streams / Ponds / Lakes Green Streets Community Wide Open Space Facilities Local Residential Street Landscape Enhancement
Outdoor Amphitheaters Enhanced Detention Basins / Drainage Ways
ITEM 16.9.

ATTACHMENT 3
Exhibit B to the Resolution

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

AUTHORIZED SERVICES
The CFD is being established to fund the cost of all authorized CFD Services which are to include, but are not limited to:

1. Capital Replacement. Capital Replacement includes any and all costs associated with repairing and replacing any of the Facilities described above.

2. Maintenance. Maintenance includes any and all costs associated with maintaining, operating and servicing all of the Facilities described above. This includes, but is not limited to the cost of labor, mechanical and automotive expenses, maintenance services, materials and supplies, water, electricity and other utilities, refuse collection, sewage disposal, security services or other costs incurred for the Facilities.

3. General CFD Costs. General Costs include any and all administrative costs associated with the CFD including, but not limited to, the costs of setting the annual levy and the collection of Special Taxes, such as county tax collection fees, consultant fees, legal fees and city staff costs.

Additionally, Services may include any other facilities permitted under the Mello -Roos Community Facilities Act of 1982, including the facilities described in Section 53313.5 of the California Government Code, as amended from time to time, provided that su ch services are related to at least one of the following criteria: 1) the augmentation, improvement or expansion of existing Facilities that are primarily for the benefit of the CFD; or 2) the reparation or rehabilitation of existing Facilities.

ITEM 16.9.

ATTACHMENT 3
Exhibit B to the Resolution

EXHIBIT B
City of Rancho Cordova
Community Facilities District No. 2018 -2
(Community Places and Neighborhood Greens)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax as described herein and authorized under the Mello -Roos Community Facilities Act of 1982 (the “Act”) shall be applicable to parcels of land within the Community Facilities District No. 2018-2 (Community Places and Neighborhood Greens) (the “CFD ”) of the City of Rancho Cordova (the “City”), including any parcels of land subsequently annexed into the CFD unless a separate Rate and Method of Apportionment of Special Tax is adopted at the time of annexation. The Special Tax shall be levied and coll ected as determined by the City through the application of the Rate and Method of Apportionment as described below.

A. Definitions
“Act” means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. “Age-Qualified Residential Parcel” means a Residential Parcel within an age-qualified community as defined in the Fair Housing Act of 1968 or the 1995 Housing for Older Persons Act including amendments to those Acts.
“Age-Qualified Multi -Family Residential Parcel” means a Multi -Family Residential Parcel that meets the criteria for an Age -Qualified Residential Parcel. “Age-Qualified Single Family Residential Parcel” means a Single Family Residential Parcel that meets the criteria for an Age -Qualified Residential Parcel. “Administrative Expenses” means the actual or reasonably estimated costs incurred by the City acting for and on behalf of the CFD as administrator thereof, to determine, levy and collect the Special Taxes, in responding to public inquiries regarding the Special Taxes, including sa laries of City employees and a proportionate amount of the City’s general administrative overhead related thereto; the fees of consultants and legal counsel providing services related to the administration of the CFD; any amounts estimated or advanced by the City or CFD for any other administrative purposes; and any other costs required to administer the CFD as determined by the City. “Annual Special Tax” means the total Special Tax levied against a Residential Parcel in the CFD in a Fiscal Year.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the County Assessor of the County designating lots or parcels by an Assessor’s Parcel Number.

ITEM 16.9.

ATTACHMENT 3
Exhibit B to the Resolution

“Assessor’s Parcel Number” means the Assessor’s Parcel Number for any Parcel based on the County Assessor’s secured property tax roll as of July 1 of each Fiscal Year. “Authorized Facilities and Services” or “Facilities and Services” means the authorized facilities, maintenance activities and/or services, and expenses that may be funded by the CFD pursuant to the Act as amended, including, without limitation, the facilities and services authorized to be funded by the CFD as set forth in the documents adopted by the City Council at the time the CFD was formed.
“Base Year” means the Fiscal Year beginning July 1, 2018 and ending June 30, 2019. “Building Permit” means a building permit issued by the City prior to the June 30 preceding the Fiscal Year in which the Special Tax is being levied.
“Capital Replacement Reserve Fund(s)” means a fund or funds that may be maintained for the CFD to provide for the accumulation and holding of funds for long -term capital projects, asset replacement, or other large anticipated expenditures.
“CFD” or “CFD No. 2018 -2” means Community Facilities District No. 2018 -2 (Community Places and Neighborhood Greens) of the City of Rancho Cordova. “CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. “City” means the City of Rancho Cordova.
“City Council” means the City Council of the City of Rancho Cordova, acting as legislative body of the CFD.
“County” means the County of Sacramento.
“Developed Residential Parcel” means any residential parcel for which a building permit has been issued by the City prior to the start of the current Fiscal Year. “Dwelling Unit” means each separate residential dwelling unit that comprises an independent facility capable of conveyance or rental separate from adjacent residential dwelling units. “Final Subdivision Map” means a subdivision of property creating residential buildable lots by recordation of a Final Subdivision Map or parcel map pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.), or recordation of a condominium plan pursua nt to the California Civil Code 1352, that creates individual lots for which building permits may be issued without further subdivision and is recorded prior to June 30 preceding the Fiscal Year in which the Special Tax is being levi ed.
“Fiscal Year” means the period starting July 1 and ending the following June 30. “Maximum Annual Special Tax” means the Maximum Special Tax that may be levied against a Taxable Parcel in a Fiscal Year determined in accordance with Section C and Section D. “Maximum Special Tax Rate” means the amount shown in Section C that is used in calculating the Maximum Annual Special Tax that may be levied on a Residential Parcel based on its residential land use and the number of residential Dwelling Units on the Parcel for a Fiscal Year.

ITEM 16.9.

ATTACHMENT 3
Exhibit B to the Resolution

“Multi-Family Residential Parcel” means a Residential Parcel with authorized residential use to consist of two or more for -rent Dwelling Units that share common walls, including, but not limited to, apartments and Residential Property that are not for sale to an end user and are under com mon management.
“Operating Reserve Fund” means a fund that may be maintained for the CFD each Fiscal Year to provide necessary cash flow to pay for the operation, maintenance and servicing of the CFD Facilities, Administrative Expenses and any other allowable CFD costs through the first six mont hs of each Fiscal Year, which is at or around the time in which the City will receive the first allocation from the County of the annual Special Tax levy.
“Other Land Use Parcel” means a Taxable Parcel that does not have authorized residential use that is verified by issuance of a Building Permit for residential use, secured assessment roll classification for residential land use and assessed valuation that includes the improved v alue of residential Dwelling Unit(s) by the County Assessor, Final Subdivision Map or other authorization of the City or County allowing the Parcel to be used for residential purposes. “Proportionately” means that the ratio of the Annual Special Tax to the Maximum Annual Special Tax is equal for all Taxable Parcels levied within the CFD. “Public Parcel” means any Parcel, in its entirety, that is or is intended to be publicly owned and is normally exempt from the levy of general ad valorem property taxes under California law, including, but not limited to, public streets, schools, parks, fire stations, po lice stations, and public drainage ways; public landscaping, wetlands, greenbelts, and public open space. These parcels are exempt from the levy of Special Taxes and classified as Tax -Exempt Parcels. “Residential Parcel” means a Taxable Parcel that does have authorized residential use. A Residential Parcel is further classified as either a Single -Family Residential or a Multi -Family Residential Parcel depending on the type of residential use authorized for the Parcel. On ce classified as a Residential Parcel, no Parcel shall be removed from the Residential Parcel classification unless the Building Permit or other authorization expires, is revoked, or is otherwise terminated.
“Resolution of Formation” means the City Council resolution establishing the CFD and authorizing the levy the Special Tax.
“Single-Family Residential Parcel” means a Residential Parcel with authorized residential use to consist of one Dwelling Unit that may or may not share common walls with one or more other Dwelling Unit(s), including, but not limited to, detached homes, duplexes, triplexes, townhomes, condominiums, and other Residential Parcels that are for sale to an end user and are not under common management.
“Special Tax” means any Special Tax authorized to be levied in the CFD under the Act and the Resolution of Formation.
“Special Tax Requirement” means the amount, as determined by the CFD Administrator, for any Fiscal Year to: (i) pay the costs for the operation, maintenance and services of the Authorized Facilities and Services during such Fiscal Year based upon the service levels established at the time of formation or as may be amended by the City in the future, (ii) pay Administrative Expenses associated with the Special Tax, (iii) establish or replenish the Operating Reserve Fund, (iv) establish or replenish the Capital Replacement Reserve Fund(s), (v) pay incidental expenses related to the Authorized Facilities and Services as authorized pursuant to the Act, and less (vi) any excess ITEM 16.9.

ATTACHMENT 3
Exhibit B to the Resolution

funds available in the Operating Reserve Fund, the Capital Replacement Reserve Fund(s), or other funds associated with the CFD as determined by the CFD Administrator. “Tax Escalation Factor” means an annual percentage increase equal to the greater of (i) the annual average Consumer Price Index (CPI), for San Francisco -Oakland-San Jose, All Urban Consumers (CPI-U) for the prior calendar year, or (ii) three percent (3%). If the CPI listed abov e is no longer published, the Administrator shall select a new tax escalation factor that is reasonably comparable to the CPI that is no longer published.
“Taxable Parcel” means any Parcel that is not a Tax -Exempt Parcel. “Tax-Exempt Parcel” means a Parcel not subject to the Special Tax. Tax -Exempt Parcels are Public Parcels (subject to the limitations set forth in Section B), or privately owned Parcels that are non-developable, such as common areas, wetlands, and open space, all of which are exempt from the levy of Special Taxes as determined by the City.
“Tax Zone” means one of two (2) mutually exclusive tax zones identified in Exhibit 1 of this Rate and Method of Apportionment, which may be updated to include new assessor’s parcels or new Tax Zones added to the CFD as a result of future annexations. “Tax Zone A” means the Tax Zone that includes parcels located in a development that has local neighborhood greens within such development that will be maintained by the City. “Tax Zone B” means the Tax Zone that includes parcels located in a development that does not have local neighborhood greens within such development or has local neighborhood greens that will be maintained by an entity or agency other than the City. “Total Annual Special Tax” means the total of the Annual Special Taxes levied against all Residential Parcels in the CFD in a Fiscal Year.
“Total Maximum Annual Special Tax” means the total of the Maximum Special Taxes that could be levied against all Residential Parcels in the CFD in a Fiscal Year. “Undeveloped Residential Parcel” means any residential parcel for which a building permit has not been issued by the City prior to the start of the current Fiscal Year.

B. Data Collection for the Annual Special Tax Levy
On July 1 of each Fiscal Year, commencing with the Base Year, the Administrator shall classify the Parcels in the CFD using the Definitions in Section A, the Parcel records of the Assessor’s secured property tax roll as of July 1 and other City or County development approval records as follows:
i. Each Parcel shall be assigned to either Tax Zone A or Tax Zone B; ii. Each Parcel shall be classified as a Taxable Parcel or a Tax -Exempt Parcel;
iii. Each Taxable Parcel shall be further classified as a Residential Parcel or an Other Land Use Parcel;
ITEM 16.9.

ATTACHMENT 3
Exhibit B to the Resolution

iv. Each Residential Parcel for shall be classified as a Single -Family Residential Parcel or a Multi -Family Residential Parcel; v. Each Residential Parcel that meets the criteria for an Age -Qualified Residential Parcel shall be further designated as either an Age -Qualified Single Family Residential Parcel or an Age -Qualified Multi -Family Residential Parcel
If a Tax -Exempt Parcel is converted to a Taxable Parcel as a result of the sale of a Tax -Exempt Parcel to a private owner for residential development, it shall become subject to the Special Tax.

Conversely, if a Taxable Parcel is converted to a Tax -Exempt Parcel as a result of either (i) the sale of the Taxable Parcel to a public entity, and such entity is normally exempt from the levy of general ad valorem property taxes under California law or ( ii) the inability of the private owner to develop the parcel as described in the definition of “Tax -Exempt Parcel,” it shall become a Tax -Exempt Parcel.

C. Maximum Special Tax Rates
The annual Maximum Special Tax Rates for Residential Parcels for Base Year 2018/19 are as follows:

Residential Land Use
Maximum Special Tax per Dwelling
Unit
Tax Zone A Tax Zone B
Single-Family Residential Parcel
Age-Qualified Single Family
Residential Parcel
Multi-Family Residential Parcel
Age-Qualified Multi -Family
Residential Parcel
$115.84
$78.54
$60.48
$41.01
$28.49
$19.32
$14.88
$10.09
For each Fiscal Year following the Base Year, each of the Maximum Annual Special Tax Rates shall be increased from the prior Fiscal Year’s respective Maximum Annual Special Tax Rates by multiplying such prior Fiscal Year Maximum Special Tax Rates by the Ta x Escalation Factor.

D. Determination of Multi -Family Residential Parcel’s Maximum Annual Special Tax When a building permit is issued for a Multi -Family Residential Parcel, the Maximum Annual Special Tax for the Parcel for which such building permit has been issued for each Fiscal Year shall be determined by multiplying the number of Dwelling Units assign ed to the Parcel times the Maximum Special Tax Rate for the Parcel as determined in Section C.

ITEM 16.9.

ATTACHMENT 3
Exhibit B to the Resolution

E. Levy of the Annual Special Tax
Each year, the CFD Administrator shall levy the Annual Special Tax commencing with Fiscal Year 2018-2019, and for each Fiscal Year thereafter as follows:
i. Each Year on July 1, the CFD Administrator shall determine the Special Tax Requirement for the current Fiscal Year.
ii. The Annual Special Tax shall be levied proportionately on each Developed Residential Parcel within each Tax Zone up to 100% of the applicable Maximum Annual Special Tax, not to exceed the Special Tax Requirement for the current Fiscal Year. iii. If additional revenue is required to equal the Special Tax Requirement for the current Fiscal Year, the Annual Special Tax shall be levied proportionately on Undeveloped Residential Parcels up to 100% of the Maximum Annual Special Tax, not to exceed the re mainder of the Annual Special Tax Requirement for which a Final Subdivision Map has been approved and Authorized Facilities have been accepted for maintenance by the City.

Under no circumstances will the Annual Special Tax levied in any Fiscal Year against any Residential Parcel be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the CFD by more than 10 percent above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults.

F. Manner of Collection
The Annual Special Tax will be collected in the same manner and at the same time as ad valorem property taxes, provided, however, that the Administrator or its designee may directly bill the Annual Special Tax and may collect the Annual Special Tax at a di fferent time, such as on a monthly or other periodic basis, or in a different manner, if necessary, to meet the City’s financial obligations.

The Administrator shall prepare a listing of the amount of the of the Annual Special Tax levy for each Taxable Parcel and send it to the County Auditor -Controller requesting that it be placed on the County’s secured property tax roll for that Fiscal Year.

G. Limitations
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on any Other Land Use Parcel, Public Parcel or Tax -Exempt Parcel.

H. Duration of the Special Tax
Parcels in the CFD will remain subject to the Special Tax in perpetuity, unless and until such time the City determines the revenues are no longer needed, in which case the Special Tax shall cease to be levied and City shall direct the County Recorder to r ecord a Notice of Cessation of Special Tax. Such notice will state that the obligation to pay the Special Tax has ceased and that the lien imposed by the Notice of Special Tax Lien is extinguished. The Notice of Cessation of Special Tax ITEM 16.9.

ATTACHMENT 3
Exhibit B to the Resolution

shall additionally identify the book and page of the Book of Maps of Assessment and Community Facilities Districts where the map of the boundaries of the CFD is recorded.

I. Appeals
Any taxpayer who believes that the amount of the Special Tax assigned to a Parcel is in error may file a notice with the City appealing the levy of the Special Tax. The City will then promptly review the appeal, and if necessary, meet with the applicant. I f the City verifies that the Special Tax should be modified or changed, the Special Tax levy shall be corrected and, if applicable, a refund or revised tax bill shall be granted for the current Fiscal Year.

Interpretations may be made by Resolution of the City Council for purposes of clarifying any vagueness or ambiguity as it relates to the Maximum Annual Special Tax Rate, the method of apportionment, the classification of properties or any defini tion applicable to the CFD.

J. Prepayment of the Special Tax Obligation
The Special Tax for a Taxable Parcel may not be prepaid. The Special Tax is collected to fund Authorized Facilities and Services in perpetuity, or until the City Council determines that the Special Tax should no longer be collected.

ITEM 16.9.

ATTACHMENT 3
Exhibit B to the Resolution

Rate and Method of Apportionment
EXHIBIT 1

TAX ZONE DESIGNATIONS
CFD Boundary
Development Boundary Line
Grant Line 208

TAX ZONE A
Douglas 98

TAX ZONE B
Sunridge Lot J

TAX ZONE A
ITEM 16.9.

ATTACHMENT 3
Exhibit B to the Resolution

EXHIBIT C
COMMUNITY FACILITIES DISTRICT NO. 2018-2
(COMMUNITY PLACES AND NEIGHBORHOOD GREENS)

OF THE CITY OF RANCHO CORDOVA
NAMES OF OWNER(S) AND THE ASSESSOR’S PARCEL NUMBER(S)
Parcel No. Property Owner
067-0650-052-0000 TRI POINTE HOMES HOLDINGS INC
ITEM 16.9.

ATTACHMENT 3
Exhibit B to the Resolution

CITY OF RANCHO CORDOVA
Community Facilities District No. 2018-2
(Community Places and Neighborhood Greens)
Annexation No. 9

UNANIMOUS APPROVAL
of Annexation to a Community Facilities District
and Related Matters
To the City Council
City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 956703
Members of the City Council:

This constitutes the Unanimous Approval (the “Unanimous Approval”) of TRI POINTE HOMES HOLDINGS INC., the record owner(s) (the “Property Owner”) of the fee title to the real property identified below (the “Property”) contemplated by Section 53339.3 et seq. of the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”) to annexation of the Property to the "City of Rancho Cordova Community Facilities District No. 2018-2 (Community Places and Neighborhood Greens) (the “CFD”), and it states as follows:

1. Property Owner. This Unanimous Approval is submitted by the Property Owner (whether one or more) identified below as or for the recorded owner(s) of the Property identified below. The Property Owner warrants to the City of Rancho Cordova (the “City”) that they are such Property Owner or is legally authorized to execute this Unanimous Approval for and on behalf of such Property Owner.

2. Approval of Annexation. This Unanimous Approval constitutes the unanimous approval and unanimous vote by the P roperty Owner in favor of the annexatio
n of the Property to the CFD. The CFD was formed to finance the municipal services (the “Services”) described in Exhibit A hereto and made a part hereof.

3. Approval of Special Tax and the Facilities. This Unanimous Approval constitutes the unanimous approval and unanimous vote by the Property Owner in favor of the levy of special taxes (the “ Special Taxes”) on the Property to finance the Services, according to the Rate and Method of Apportionment of Special Taxes for the CFD attached hereto as Exhibit
B and made a part hereof (the "Rate and Method").

Exhibit B describes the maximum special tax rate for the Services. This annexed property is placed in Tax Zone A for purposes of computation of the Special Tax.

4. Approval of the Appropriations Limit. This Unanimous Approval constitutes the unanimous approval and unanimous vote by the Property Owner in favor of the appropriations limit established for the CFD.

ITEM 16.9.

ATTACHMENT 4

5. Waivers and Vote . The Property Owner hereby confirms that this Unanimous Approval constitutes its approval and unanimous vote as described herein and as contemplated by Section 53339.3 et seq. of the Act and Article XIIIA of the California Constitution. The Property Owner hereby waives all other rights with respect to the annexation of the Property, the levy of the Special Taxes on the Property and the other matters covered in this Unanimous Approval.

6. Recordation of Amendment to Notice of Special Tax Lien. The Notice of Special Tax Lien for the CFD was heretofore recorded in the Office of the County Recorder of the County of Sacramento, State of California on September 14, 2018, recorded at Book 20180914 at Page 0535.

The Property Owner hereby authorizes and directs the City Clerk to execute and cause to be recorded in the Office of the County Recorder of the County of Sacramento an amendment to the Notice of Special Tax Lien for the CFD as required by Section 3117.5 of the California Streets and Highways Code. The amendment to the Notice of Special Tax Lien shall include the Rate and Method as an exhibit thereto.

7. City Warranted. The Property Owner warrants to the City that the presentation of this Unanimous Approval, any votes, consents or waivers contained herein, and other actions mandated by the City for the annexation of the Property to the CFD shall not constitute or be construed as events of default or delinquencies under any existing or proposed financing documents entered into or to be entered into by the Property Owner for the Property, including any “due-on-encumbrance” clauses under any existing security instruments secured by the Property. If requested by the City, the Property Owner agrees, at its own expense, to supply to the City, current title evidence so that the City may verify ownership for the annexation to the CFD.

8. Due Diligence and Disclosures. The Property Owner agrees to cooperate with the City and its attorneys and consultants and to provide all information and disclosures required by the City about the Special Taxes to purchasers of the Property or any part of it.

9. Agreements. The Property Owner further agrees to execute such additional or supplemental agreements as may be required by the City to provide for any of the actions and conditions described in this Unanimous Approval, including any cash deposit required to pay for the City's costs in annexing the Property to the CFD.

10. The Property. The Property is identified as follows:

County of Sacramento Assessor’s Parcel Numbers:
067-0650-052-0000: The property consists of a total of 9.57 acres.

The property consists of a total of 9.57 acres.

ITEM 16.9.

ATTACHMENT 4

ITEM 16.9.

ATTACHMENT 4

EXHIBIT A

CITY OF RANCHO CORDOVA
Community Facilities District No. 2018-2
(Community Places and Neighborhood Greens)

LIST OF FACILITIES AND SERVICES AUTHORIZED TO BE FUNDED The City of Rancho Cordova (the “City”) is establishing Community Facilities District No. 2018-2 (Community Places and Neighborhood Greens) (the “CFD”) to fund, in whole or in part, the following facilities and services (the terms “facilities” and "service s" shall have the meaning as given in the Mello -Roos Community Facilities Act of 1982.

AUTHORIZED FACILITIES
The CFD is being established to fund the maintenance, operations, servicing, rehabilitation and replacement of CFD Facilities. The costs associated with the initial capital improvements required for the construction or installation of the Facilities are not included in the costs to be funded by the CFD. A general list of the Facilities to be operated, maintained and serviced by the CFD include:

1. Community Plazas. Community Plazas are a component of the Community Places category of City Open Space, as defined in the City’s Open Space Guidelines. Community Plazas are typically located in Village and Town Centers to provide areas for congregation, socializing and community events/activities. Two Community Plazas are planned for the CFD.

Specific amenities will be determined on a site -by-site basis. Typical amenities may include, but are not limited to, expanded public gathering space; outdoor seating and shade structures; signage and lighting; trash and recycling receptacles; bicycle parking; features of interest such as fountains, art work, engaging landscapes and other unique structures/treatments; hardscape areas; and formal landscaping in planter boxes.

2. Bicycle Trails. Bicycle Trails are a component of the Green Infrastructure category of City Open Space as defined in the City’s Open Space Guidelines. A system of Bicycle Trails, defined as the Class I Bicycle Trails East of Sunrise Boulevard in the City’s Bicycle Trails Master Plan, is planned for the CFD. This system of trails will have an estimated 250,530 linear feet of bicycle trails (over 47 miles) that will be a part of the City’s overall Bicycle Trail network.

Primary trails are 16’ in overall width (12’ of asphalt pavement with a 2’ shoulder on each side).

Primary trails are typically located within a corridor of at least 50 feet in width, with larger widths up to 100 feet encouraged. Corridors of less than 50 feet in width may be accepted based on the unique opportunities and constraints within a given development project.

Secondary trails feed into primary trails and provide connections to significant corridors and local trails. Secondary trails are 14’ in overall width (10’ of asphalt pavement with a 2’ shoulder ITEM 16.9.

ATTACHMENT 4

on each side) and are typically located within a corridor of at least 35 feet in width, with larger widths encouraged.

Typical amenities for Bicycle Trails may include, but are not limited to, native and/or draught tolerant plants; railings and edge protections; grade separated crossings; signage and lighting; shade trees; and trailheads where trails begin or connect to other trails. Trailheads are small open space areas that may include benches; signage and lighting; trash and recycling receptacles; maps; and other elements to assist trail users.

3. Neighborhood Greens. Neighborhood Greens are the most commonly occurring component of the Community Places category of City Open Space, as defined in the City’s Open Space Guidelines. Neighborhood Greens are small-scale urban and suburban open spaces serving as places to meet, gather, socialize, commune with nature or otherwise participate in passive recreation activities. Neighborhood Greens are typically located in small developed and landscaped areas generally within residential neighborhoods in new development areas.

Specific amenities will be determined on a site -by-site basis. Typical amenities may include, but are not limited to, public gathering space; multi -purpose tables, benches and shade structures; signage and lighting; trash and recycling receptacles; water f ountains, barbeque areas and bicycle parking; walking paths, including those with special paving materials; landscape areas and hardscape areas; and distinguished areas with a special design feature such as tree variety or other similar amenity.

4. Other Facilities. In addition to the facilities described above, the following features as described in the City’s Open Space Guidelines may be maintained by the CFD:

Community Places Green Infrastructure
Neighborhood Greens Pedestrian Trails
Town Greens Pedestrian Paseos
Community Gardens / Rose Gardens / Display
Gardens
Utility Easements
Water Resources / Streams / Ponds / Lakes Green Streets Community Wide Open Space Facilities Local Residential Street Landscape Enhancement
Outdoor Amphitheaters Enhanced Detention Basins / Drainage Ways Additionally, Facilities may include any other facilities permitted under the Mello -Roos Community Facilities Act of 1982, including the facilities described in Section 53313.5 of the California Government Code, as amended from time to time, provided that such facilities satisfy at least one of the following criteria: 1) augment, improve or e xpand existing CFD ITEM 16.9.

ATTACHMENT 4

Facilities that are primarily for the benefit of the CFD; or 2) repair or rehabilitate existing CFD Facilities.

AUTHORIZED SERVICES
The CFD is being established to fund the cost of all authorized CFD Services which are to include, but are not limited to:

1. Capital Replacement. Capital Replacement includes any and all costs associated with repairing and replacing any of the Facilities described above.

2. Maintenance. Maintenance includes any and all costs associated with maintaining, operating and servicing all of the Facilities described above. This includes, but is not limited to the cost of labor, mechanical and automotive expenses, maintenance services, materials and supplies, water, electricity and other utilities, refuse collection, sewage disposal, security services or other costs incurred for the Facilities.

3. General CFD Costs. General Costs include any and all administrative costs associated with the CFD including, but not limited to, the costs of setting the annual levy and the collection of Special Taxes, such as county tax collection fees, consultant fees, legal fees and cit y staff costs.

Additionally, Services may include any other facilities permitted under the Mello -Roos Community Facilities Act of 1982, including the facilities described in Section 53313.5 of the California Government Code, as amended from time to time, provided that such services are related to at least one of the following criteria: 1) the augmentation, improvement or expansion of existing Facilities that are primarily for the benefit of the CFD; or 2) the reparation or rehabilitation of existing Facilities.

ITEM 16.9.

ATTACHMENT 4

EXHIBIT B

CITY OF RANCHO CORDOVA
Community Facilities District No. 2018 -2
(Community Places and Neighborhood Greens)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL
TAX
A Special Tax as described herein and authorized under the Mello -Roos Community Facilities Act of 1982 (the “Act”) shall be applicable to parcels of land within the Community Facilities District No. 2018 -2 (Community Places and Neighborhood Greens) (the “C FD”) of the City of Rancho Cordova (the “City”), including any parcels of land subsequently annexed into the CFD unless a separate Rate and Method of Apportionment of Special Tax is adopted at the time of annexation. The Special Tax shall be levied and co llected as determined by the City through the application of the Rate and Method of Apportionment as described below.

A. Definitions
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. “Age-Qualified Residential Parcel” means a Residential Parcel within an age - qualified community as defined in the Fair Housing Act of 1968 or the 1995 Housing for Older Persons Act including amendments to those Acts.
“Age-Qualified Multi -Family Residential Parcel” means a Multi -Family Residential Parcel that meets the criteria for an Age -Qualified Residential Parcel. “Age-Qualified Single Family Residential Parcel” means a Single Family Residential Parcel that meets the criteria for an Age -Qualified Residential Parcel. “Administrative Expenses” means the actual or reasonably estimated costs incurred by the City acting for and on behalf of the CFD as administrator thereof, to determine, levy and collect the Special Taxes, in responding to public inquiries regarding the Special Taxes, including sa laries of City employees and a proportionate amount of the City’s general administrative overhead related thereto; the fees of consultants and legal counsel providing services related to the administration of the CFD; any amounts estimated or advanced by the City or CFD for any other administrative purposes; and any other costs required to administer the CFD as determined by the City. “Annual Special Tax” means the total Special Tax levied against a Residential Parcel in the CFD in a Fiscal Year.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the County Assessor of the County designating lots or parcels by an Assessor’s Parcel Number.

ITEM 16.9.

ATTACHMENT 4

“Assessor’s Parcel Number” means the Assessor’s Parcel Number for any Parcel based on the County Assessor’s secured property tax roll as of July 1 of each Fiscal Year. “Authorized Facilities and Services” or “Facilities and Services” means the authorized facilities, maintenance activities and/or services, and expenses that may be funded by the CFD pursuant to the Act as amended, including, without limitation, the facilities and services authorized to be funded by the CFD as set forth in the documents adopted by the City Council at the time the CFD was formed. “Base Year” means the Fiscal Year beginning July 1, 2018 and ending June 30, 2019.
“Building Permit” means a building permit issued by the City prior to the June 30 preceding the Fiscal Year in which the Special Tax is being levied. “Capital Replacement Reserve Fund(s)” means a fund or funds that may be maintained for the CFD to provide for the accumulation and holding of funds for long -term capital projects, asset replacement, or other large anticipated expenditures. “CFD” or “CFD No. 2018 -2” means Community Facilities District No. 2018 -2 (Community Places and Neighborhood Greens) of the City of Rancho Cordova. “CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“City” means the City of Rancho Cordova.
“City Council” means the City Council of the City of Rancho Cordova, acting as legislative body of the CFD.
“County” means the County of Sacramento.
“Developed Residential Parcel” means any residential parcel for which a building permit has been issued by the City prior to the start of the current Fiscal Year. “Dwelling Unit” means each separate residential dwelling unit that comprises an independent facility capable of conveyance or rental separate from adjacent residential dwelling units.
“Final Subdivision Map” means a subdivision of property creating residential buildable lots by recordation of a Final Subdivision Map or parcel map pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.), or recordation of a condominium plan pursua nt to the California Civil Code 1352, that creates individual lots for which building permits may be issued without further subdivision and is recorded prior to June 30 preceding the Fiscal Year in which the Special Tax is being levi ed. “Fiscal Year” means the period starting July 1 and ending the following June 30. “Maximum Annual Special Tax” means the Maximum Special Tax that may be levied against a Taxable Parcel in a Fiscal Year determined in accordance with Section C and Section D.
“Maximum Special Tax Rate” means the amount shown in Section C that is used in calculating the Maximum Annual Special Tax that may be levied on a Residential Parcel ITEM 16.9.

ATTACHMENT 4

based on its residential land use and the number of residential Dwelling Units on the Parcel for a Fiscal Year.
“Multi-Family Residential Parcel” means a Residential Parcel with authorized residential use to consist of two or more for -rent Dwelling Units that share common walls, including, but not limited to, apartments and Residential Property that are not for sale to an end user and are under com mon management.
“Operating Reserve Fund” means a fund that may be maintained for the CFD each Fiscal Year to provide necessary cash flow to pay for the operation, maintenance and servicing of the CFD Facilities, Administrative Expenses and any other allowable CFD costs through the first six mont hs of each Fiscal Year, which is at or around the time in which the City will receive the first allocation from the County of the annual Special Tax levy. “Other Land Use Parcel” means a Taxable Parcel that does not have authorized residential use that is verified by issuance of a Building Permit for residential use, secured assessment roll classification for residential land use and assessed valuation that includes the improved value of residential Dwelling Unit(s) by the County Assessor, Final Subdivision Map or other authorization of the City or County allowing the Parcel to be used for residential purposes.
“Proportionately” means that the ratio of the Annual Special Tax to the Maximum Annual Special Tax is equal for all Taxable Parcels levied within the CFD. “Public Parcel” means any Parcel, in its entirety, that is or is intended to be publicly owned and is normally exempt from the levy of general ad valorem property taxes under California law, including, but not limited to, public streets, schools, parks, fire stations, police stations, and public drainage ways; public landscaping, wetlands, greenbelts, and public open space. These parcels are exempt from the levy of Special Taxes and classified as Tax-Exempt Parcels.
“Residential Parcel” means a Taxable Parcel that does have authorized residential use. A Residential Parcel is further classified as either a Single -Family Residential or a Multi-Family Residential Parcel depending on the type of residential use authorized for the Parcel. On ce classified as a Residential Parcel, no Parcel shall be removed from the Residential Parcel classification unless the Building Permit or other authorization expires, is revoked, or is otherwise terminated.
“Resolution of Formation” means the City Council resolution establishing the CFD and authorizing the levy the Special Tax.
“Single-Family Residential Parcel” means a Residential Parcel with authorized residential use to consist of one Dwelling Unit that may or may not share common walls with one or more other Dwelling Unit(s), including, but not limited to, detached homes, duplexes, triplexes, townhomes, condo miniums, and other Residential Parcels that are for sale to an end user and are not under common management. “Special Tax” means any Special Tax authorized to be levied in the CFD under the Act and the Resolution of Formation.
“Special Tax Requirement” means the amount, as determined by the CFD Administrator, for any Fiscal Year to: (i) pay the costs for the operation, maintenance and ITEM 16.9.

ATTACHMENT 4

services of the Authorized Facilities and Services during such Fiscal Year based upon the service levels established at the time of formation or as may be amended by the City in the future, (ii) pay Administrative Expenses associated with the Special Tax, (iii) establish or replenish the Operating Reserve Fund, (iv) establish or replenish the Capital Replacement Reserve Fund(s), (v) pay incidental expenses related to the Authorized Facilities and Services as authorized pursuant to the Act, and less (vi) any excess funds available in the Operating Reserve Fund, the Capital Replacement Reserve Fund(s), or other funds associated with the CFD as determined by the CFD Administrator. “Tax Escalation Factor” means an annual percentage increase equal to the greater of (i) the annual average Consumer Price Index (CPI), for San Francisco -Oakland-San Jose, All Urban Consumers (CPI -U) for the prior calendar year, or (ii) three percent (3%). If the CPI listed abov e is no longer published, the Administrator shall select a new tax escalation factor that is reasonably comparable to the CPI that is no longer published. “Taxable Parcel” means any Parcel that is not a Tax -Exempt Parcel. “Tax-Exempt Parcel” means a Parcel not subject to the Special Tax. Tax -Exempt Parcels are Public Parcels (subject to the limitations set forth in Section B), or privately owned Parcels that are non -developable, such as common areas, wetlands, and open space, all of which are exempt from the levy of Special Taxes as determined by the City. “Tax Zone” means one of two (2) mutually exclusive tax zones identified in Exhibit 1 of this Rate and Method of Apportionment, which may be updated to include new assessor’s parcels or new Tax Zones added to the CFD as a result of future annexations. “Tax Zone A” means the Tax Zone that includes parcels located in a development that has local neighborhood greens within such development that will be maintained by the City.
“Tax Zone B” means the Tax Zone that includes parcels located in a development that does not have local neighborhood greens within such development or has local neighborhood greens that will be maintained by an entity or agency other than the City. “Total Annual Special Tax” means the total of the Annual Special Taxes levied against all Residential Parcels in the CFD in a Fiscal Year. “Total Maximum Annual Special Tax” means the total of the Maximum Special Taxes that could be levied against all Residential Parcels in the CFD in a Fiscal Year. “Undeveloped Residential Parcel” means any residential parcel for which a building permit has not been issued by the City prior to the start of the current Fiscal Year.

B. Data Collection for the Annual Special Tax Levy
On July 1 of each Fiscal Year, commencing with the Base Year, the Administrator shall classify the Parcels in the CFD using the Definitions in Section A, the Parcel records of the Assessor’s secured property tax roll as of July 1 and other City or County development approval records as follows:
i. Each Parcel shall be assigned to either Tax Zone A or Tax Zone B; ii. Each Parcel shall be classified as a Taxable Parcel or a Tax-Exempt Parcel;
ITEM 16.9.

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iii. Each Taxable Parcel shall be further classified as a Residential Parcel or an Other Land Use Parcel;
iv. Each Residential Parcel for shall be classified as a Single -Family Residential Parcel or a Multi -Family Residential Parcel; v. Each Residential Parcel that meets the criteria for an Age -Qualified Residential Parcel shall be further designated as either an Age - Qualified Single Family Residential Parcel or an Age-Qualified Multi- Family Residential Parcel
If a Tax-Exempt Parcel is converted to a Taxable Parcel as a result of the sale of a Tax-Exempt Parcel to a private owner for residential development, it shall become subject to the Special Tax.

Conversely, if a Taxable Parcel is converted to a Tax -Exempt Parcel as a result of either (i) the sale of the Taxable Parcel to a public entity, and such entity is normally exempt from the levy of general ad valorem property taxes under California law or ( ii) the inability of the private owner to develop the parcel as described in the definition of “Tax -Exempt Parcel,” it shall become a Tax -Exempt Parcel.

C. Maximum Special Tax Rates
The annual Maximum Special Tax Rates for Residential Parcels for Base Year 2018/19 are as follows:

Residential Land Use
Maximum Special Tax per
Dwelling Unit
Tax Zone A Tax Zone B
Single-Family Residential Parcel
Active Adult Single Family Residential Parcel
Multi-Family Residential Parcel
Active Adult Multi-Family Residential Parcel
$115.84
$78.54
$60.48
$41.01
$28.49
$19.32
$14.88
$10.09
For each Fiscal Year following the Base Year, each of the Maximum Annual Special Tax Rates shall be increased from the prior Fiscal Year’s respective Maximum Annual Special Tax Rates by multiplying such prior Fiscal Year Maximum Special Tax Rates by the Tax Escalation Factor.

ITEM 16.9.

ATTACHMENT 4

D. Determination of Multi -Family Residential Parcel’s Maximum Annual Special Tax When a building permit is issued for a Multi-Family Residential Parcel, the Maximum Annual Special Tax for the Parcel for which such building permit has been issued for each Fiscal Year shall be determined by multiplying the number of Dwelling Units assigned to the Parcel times the Maximum Special Tax Rate for the Parcel as determined in Section C.

E. Levy of the Annual Special Tax
Each year, the CFD Administrator shall levy the Annual Special Tax commencing with Fiscal Year 2018 -2019, and for each Fiscal Year thereafter as follows:
i. Each Year on July 1, the CFD Administrator shall determine the Special Tax Requirement for the current Fiscal Year.
ii. The Annual Special Tax shall be levied proportionately on each Developed Residential Parcel within each Tax Zone up to 100% of the applicable Maximum Annual Special Tax, not to exceed the Special Tax Requirement for the current Fiscal Year.
iii. If additional revenue is required to equal the Special Tax Requirement for the current Fiscal Year, the Annual Special Tax shall be levied proportionately on Undeveloped Residential Parcels up to 100% of the Maximum Annual Special Tax, not to exceed the re mainder of the Annual Special Tax Requirement for which a Final Subdivision Map has been approved and Authorized Facilities have been accepted for maintenance by the City.

Under no circumstances will the Annual Special Tax levied in any Fiscal Year against any Residential Parcel be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the CFD by more than 10 percent above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults.

F. Manner of Collection
The Annual Special Tax will be collected in the same manner and at the same time as ad valorem property taxes, provided, however, that the Administrator or its designee may directly bill the Annual Special Tax and may collect the Annual Special Tax at a different time, such as on a monthly or other periodic basis, or in a different manner, if necessary, to meet the City’s financial obligations.

The Administrator shall prepare a listing of the amount of the of the Annual Special Tax levy for each Taxable Parcel and send it to the County Auditor -Controller requesting that it be placed on the County’s secured property tax roll for that Fiscal Year.

G. Limitations
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on any Other Land Use Parcel, Public Parcel or Tax-Exempt Parcel.

ITEM 16.9.

ATTACHMENT 4

H. Duration of the Special Tax
Parcels in the CFD will remain subject to the Special Tax in perpetuity, unless and until such time the City determines the revenues are no longer needed, in which case the Special Tax shall cease to be levied and City shall direct the County Recorder to r ecord a Notice of Cessation of Special Tax. Such notice will state that the obligation to pay the Special Tax has ceased and that the lien imposed by the Notice of Special Tax Lien is extinguished.

The Notice of Cessation of Special Tax shall additionally identify the book and page of the Book of Maps of Assessment and Community Facilities Districts where the map of the boundaries of the CFD is recorded.

I. Appeals
Any taxpayer who believes that the amount of the Special Tax assigned to a Parcel is in error may file a notice with the City appealing the levy of the Special Tax. The City will then promptly review the appeal, and if necessary, meet with the applicant. I f the City verifies that the Special Tax should be modified or changed, the Special Tax levy shall be corrected and, if applicable, a refund or revised tax bill shall be granted for the current Fiscal Year.

Interpretations may be made by Resolution of the City Council for purposes of clarifying any vagueness or ambiguity as it relates to the Maximum Annual Special Tax Rate, the method of apportionment, the classification of properties or any definition applicable to the CFD.

J. Prepayment of the Special Tax Obligation
The Special Tax for a Taxable Parcel may not be prepaid. The Special Tax is collected to fund Authorized Facilities and Services in perpetuity, or until the City Council determines that the Special Tax should no longer be collected.

ITEM 16.9.

ATTACHMENT 4

RATE AND METHOD OF APPORTIONMENT
EXHIBIT 1

TAX ZONE DESIGNATIONS

ITEM 16.9.

ATTACHMENT 4

MEMORANDUM

City Council Staff Report - Page 1 of 2

ITEM 16.10.

DATE: October 21, 2024

TO: Honorable Mayor and Council Members

FROM: Dalia Fadl, Principal Engineer

SUBJECT: A RESOLUTION APPROVING THE ANNEXATION OF THE

SUNRIDGE PARK III PROJECT TO THE CITY OF RANCHO
CORDOVA COMMUNITY FACILITIES DISTRICT NO. 2014-2
(STREET, LIGHTING AND LANDSCAPE MAINTENANCE)

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would approve Annexation Map. No.17 for the Sunridge Park III project to Community Facilities District No. 2014-2 (Street, Lighting and Landscape Maintenance) and approve the recording of the annexation map and the Notice of Special Tax Lien.

BACKGROUND

On April 21, 2014, the City adopted a Resolution of Intention to establish a Community Facilities District (CFD) and Future Annexation Area for Citywide street, lighting, and landscape maintenance services. On June 2, 2014, the City adopted the resolution forming CFD No. 2014- 2 pursuant to the Mello-Roos Community Facilities Act of 1982 (State of California Government Code Section 5311 et seq.) (the “Act”). The action defining the Future Annexation Area for the District provided for a more efficient process for the annexation of property when the property owners have provided unanimous consent. Defining the Future Annexation Area provided the Resolution of Intention, noticing, and public hearing for the entire Future Annexation Area, so these steps do not need to be repeated for each annexation.

The annexation process for projects within the future annexation area is streamlined by receiving a petition and waiver from the property owner(s), the City Council approving the Annexation Boundary Map by resolution, followed by the recording of the Annexation Boundary Map and Notice of Special Tax Lien by the City Clerk.

DISCUSSION
The project included in this action was conditioned to annex to CFD No. 2014-2 to provide funding for maintenance services including the maintenance, repair, replacement and lighting of public streets, roads, landscape, and appurtenant facilities in the public right of way. In October 2024, the property owner signed a unanimous approval of the annexation to CFD No. 2014-2

City Council Staff Report - Page 2 of 2

(Attachment 4). Adoption of the attached Resolution approves Annexation Boundary Map No. 17 for the Sunridge Park III project and directs the City Clerk to execute and record the Map and Notice of Special Tax Lien for the project.

FISCAL IMPACT AND FUNDING SOURCE

This annexation has no impact on the City's General Fund. Funds collected will be used for maintenance of streets, lighting, and landscape maintenance services.

ATTACHMENT(S)

1. Resolution

2. Exhibit A to the Resolution

3. Exhibit B to the Resolution

4. Unanimous Approval

ITEM 16.10. ATTACHMENT 1 Resolution No. XX-2024 Page 1 of 2

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2024

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

STATE OF CALIFORNIA, APPROVING THE ANNEXATION OF THE SUNRIDGE PARK III PROJECT TO THE CITY OF RANCHO CORDOVA COMMUNITY FACILITIES DISTRICT NO. 2014-2 (STREET, LIGHTING, AND LANDSCAPE MAINTENANCE)

WHEREAS, the Conditions of Approval for the Sunridge Park III project require the property owner/applicant to participate in the provision of funding to provide fair share maintenance of any existing and all new public improvements associated with the project; and

WHEREAS, on April 21, 2014, the City adopted Resolution No. 20-2014 declaring its intention to establish Community Facilities District No. 2014-2 (Street, Lighting, and Landscape Maintenance) (the “District”) and Future Annexation Area for maintenance of street, lighting, and landscape maintenance services. On June 2, 2014, the City adopted Resolution No. 34-2014 forming CFD No. 2014-2 pursuant to the Mello-Roos Community Facilities Act of 1982 (State of California Government Code Section 5311 et seq.) (the “Act”); and

WHEREAS, the action defining the Future Annexation Area for the District provided for a more efficient process for the annexation of property when the property owners have provided for their unanimous consent such that the annexation process for projects within the Future Annexation Area has been reduced to receiving a petition, consent and waiver from the property

WHEREAS, in October 2024, the property owner executed a unanimous approval form which irrevocably consents to and votes in favor of the annexation of a portion of the property to the District and the levy of the special tax on the property to finance the services of the CFD in accordance with the Rate and Method of the District; and

WHEREAS, in the case of annexation proceedings, pursuant to Streets and Highways Code Section 3110.5 a separate map of the area proposed to be annexed is required to be prepared and adopted; and
WHEREAS, City staff has caused to be prepared Annexation Boundary Map No. 17 for a property known as the Sunridge Park III project, Exhibit A attached hereto, for the annexation of the property to CFD No. 2014-2 (Street, Lighting, and Landscape Maintenance).

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

1. The Council so finds and determines the above recitals are true and correct.

2. Council approves Annexation Boundary Map No. 17 and finds and determines that the territory shown in the Annexation Boundary Map is hereby added to and made a part of the District with full legal effect.

3. The City Clerk is directed to execute and record Annexation Boundary Map No. 17 in the office of the County Recorder of Sacramento County no later than 15 days after the adoption of this Resolution.

ITEM 16.10. ATTACHMENT 1 Resolution No. XX-2024 Page 2 of 2

4. The City Council finds and determines that a special tax shall be levied within the Territory to be annexed and which special tax shall be the same as the tax to be levied within the District. Collection of said tax shall commence in Fiscal Year 2024-2025, and the rate and method of apportionment of said tax shall be as set forth in the Resolution of Formation of the District.

5. The City Clerk is directed to execute and record a Notice of Special Tax Lien, Exhibit B, in the office of the County Recorder of Sacramento County no later than 15 days after recordation of the Annexation Boundary Map No. 17.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 21st day of October 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

David Sander, Mayor

Stacy Leitner, CMC
City Clerk

CHRYSANTHY BLVD

DOUGLAS RD
APN
067-0650-052

PROPOSED BOUNDARY MAP
City of Rancho Cordova
Community Facilities District No. 2014-2
Annexation 17 (Sunridge Park III)
County of Sacramento, California
Sheet ____ of ____1 1

PROPOSED BOUNDARY OF
ANNEXATION 17
(SUNRIDGE PARK III) TO

CITY OF RANCHO CORDOVA
COMMUNITY FACILITIES DISTRICT NO. 2014-2
(STREET, LIGHTING AND LANDSCAPE MAINTENANCE)

COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
!
1 " = 500 '
Legend
Annexation Boundary

HARRIS & ASSOCIATES
101 PROGRESS, SUITE 250
IRVINE, CALIFORNIA 92618
800-827-4901

SUNRISE BLVD

DOUGLAS RD

KIEFER BLVD

NIKE RD

GRANT LINE RD
US 50

WHITE ROCK RD

ANNEXATION

LOCATION

VICINITY MAP
ITEM 16.10.

ATTACHMENT 2
Exhibit A to the Resolution

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, California 95670
Attention: City Clerk
______________________________________________________________________

AMENDED NOTICE OF SPECIAL TAX LIEN
Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code and Section 53328.3 of the Government Code, the undersigned clerk of the legislative body of the City of Rancho Cordova (the “City”), State of California, hereby gives notice that a lien to secure payment of special taxes is hereby imposed by the City Council of the City. The special taxes secured by this lien are authorized to be levied for the purpose of providing services as described in Exhibit A attached hereto and hereby made a part hereof.

The special taxes are authorized to be levied within Annexation Boundary Map No. 17 (the “Annexed Area”) of the City of Rancho Cordova Community Facilities District No. 2014-2 (Street, Lighting, and Landscape Maintenance) (the “District”), which has now been officially annexed to the District, and the lien of the special taxes are a continuing lien which shall secure each annual levy of the special taxes and which shall continue in force and effect until the special taxes cease to be levied and a notice of cessation of special taxes is recorded in accordance with Section 53330.5 of the Government Code.

The rate, method of apportionment, and manner of collection of authorized special tax is as set forth in Exhibit B attached hereto and hereby made a part hereof .

The obligation to pay the special tax may not be prepaid and permanently satisfied and the lien of the special taxes canceled.

Notice is further given that upon the recording of this notice in the office of the county recorder, the obligation to pay the special tax levies shall become a lien upon all nonexempt real property within the District in accordance with Section 3115.5 of the Streets and Highways Code.

The name of the owner and the assessor’s tax parcel number(s) of the real property included within the District and not exempt from the special tax are as set forth in Exhibit C attached hereto.

Reference is hereby made to the Notice of Special Tax Lien with respect to the District recorded on June 17, 2014, as Document No. 20140617 page 353, in the office of the County Clerk & Recorder of the County of Sacramento, California, which contains ITEM 16.10.

ATTACHMENT 3
Exhibit B to the Resolution

2 a list of the then existing owners and assessor tax parcel numbers of the original boundaries of the District.

Reference is made to the boundary map of the District recorded at Book 116, Pages 0023 -0024, Document No. 20140430 Pg0873 of Maps and Assessment and Community Facilities Districts in the Office of the County Recorder for the County of Sacramento, State of California (the “ Original Boundary Map”), and the map of the Annexed Territory recorded at Book 143, Page 39, Document No. 202406100119 in the Office of the County Recorder for the County of Sacramento, State of California, which map together with the Original Boundary Map and the boundary maps of record for all prior annexations, are now the final boundary maps of the Community Facilities District including the Annexed Territory.

For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Department of Public Works of the City of Rancho Cordova, 2729 Prospect Park Drive, Rancho Cordova, California 95670, (916) 851-8710.

Dated: ___________________________ ________________________________

CITY CLERK OF THE CITY OF

RANCHO CORDOVA
ITEM 16.10.

ATTACHMENT 3
Exhibit B to the Resolution

3 EXHIBIT A

CITY OF RANCHO CORDOVA
COMMUNITY FACILITIES DISTRICT NO. 2014-2
(Streets, Lighting, and Landscape Maintenance)

DESCRIPTION OF DISTRICT MAINTENANCE SERVICES
Description of services:

Maintenance of public street, lighting, and landscape improvements • Maintenance means the furnishing of services and materials for the replacement of public street, lighting and landscaping improvements, and appurtenant facilities, including the administration and overhead related to the maintenance activities.

Reserve Fund
• The CFD special taxes may be collected and set-aside in designated funds, collected over several years, that may be used by the CFD to fund future replacement of public streets, lighting and landscaping improvements and other services as determined by the CFD.

ITEM 16.10.

ATTACHMENT 3
Exhibit B to the Resolution

1 EXHIBIT B

CITY OF RANCHO CORDOVA
COMMUNITY FACILITIES DISTRICT NO. 2014-2
(STREET, LIGHTING AND LANDSCAPING MAINTENANCE)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
FOR ANNEXATION NO. 17 (THE SUNRIDGE PARK III PROJECT)
A Special Tax applicable to each Assessor’s Parcel in Community Facilities District No. 2014 -2 (Street, Lighting and Landscaping Maintenance) shall be levied and collected according to the tax liability determined by the City Council, acting in its capacity as the legislative body of CFD No. 2014-2, through the application of the appropriate Special Tax rate, as described below. All of the property in CFD No. 2014 -2, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 2014 -2 unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final subdivision map, a final parcel map, a final approved condominium plan, or functionally equivalent final map or instrument recorded in the Office of the County Recorder. If the area shown on said map is in square footage, Acreage shall be calculated by dividing the square footage by 43,560.
“Additional Load and Decorative Lighting Parcel” means any Parcel that is determined by the City to be both an Additional Load Parcel and a Decorative Lighting Parcel. “Additional Load Parcel” means any Parcel of Commercial Property or Industrial Property that is determined by the City to create excessive wear and tear on the roadways and/or a high volume of vehicular traffic.
“Administrative Expenses” means the costs incurred by the City to determine, levy and collect the Special Tax, including salaries of City employees and fees of consultants and the costs of collecting installments of the Special Taxes upon the general tax rolls, preparation of required reports, and any other costs required to administer the CFD.
“Administrator” means the person or firm designated by the City to administer the Special Taxes according to this Rate and Method of Apportionment of Special Tax.

ITEM 16.10.

ATTACHMENT 3
Exhibit B to the Resolution

2 “Annual Escalation Factor” means the annual percentage increase in the McGraw -Hill Engineering News Record Construction Cost Index (ENR CCI) for the San Francisco area from January of the previous year to January of the year that the Special Tax is levied. In the event that the ENR CCI defined above is no longer reported, the City Council shall select a similar index to replace it.

“Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel number.

“Assessor’s Parcel Map” means an official map of the County Assessor designating parcels by Assessor’s Parcel number.
“Authorized Services” means the public services authorized to be funded by CFD No. 2014 -2 as set forth in the documents adopted by the City Council when the CFD was formed. “CFD” or “CFD No. 2014 -2” means the City of Rancho Cordova Community Facilities District No. 2014-2 (Street, Lighting and Landscaping Maintenance).
“City” means the City of Rancho Cordova.
“City Council” means the City Council of the City of Rancho Cordova, acting as the legislative body of CFD No. 2014-2.
“Commercial Property” means, in any Fiscal Year, all Developed Property for which a building permit or use permit has been issued for a commercial establishment which includes, but is not limited to, retail stores, clothing stores, book stores, convenience stores, drug stores, professional services (i.e., barber shops, dry cleaners), restaurants, supermarkets, hospitals, movie theaters, appliance and electronics stores, home supply stores, auto parts stores, and other retail uses. The City shall make the determination if a Parcel is Commercial Property. “County” means the County of Sacramento.
“Decorative Lighting Parcel” means any Parcel of Developed Property that is determined by the City to have or benefit from decorative lighting features. “Developed Property” means, in any Fiscal Year, all Parcels of Taxable Property for which a use permit or building permit for new construction of a residential or non -residential structure (which shall not include a permit issued solely for construction of the foundation if another permit remains to be issued for vertical construction of the building) was issued prior to June 30 of the preceding Fiscal Year.
“Fiscal Year” means the period starting on July 1 and ending on the following June 30. “Heavy Truck Traffic Parcel” means, any Parcel of Developed Property that is determined by the City to have heavy truck traffic impact on the public streets and include, but are not limited to, fulfillment centers, logistics centers, freight, truck terminals, and other facilities intended for the movement of goods (manufactured or raw) prior to their distribution.

ITEM 16.10.

ATTACHMENT 3
Exhibit B to the Resolution

3 “Hotel Property” means, in any Fiscal Year, all Developed Property for which a building permit or use permit has been issued for a structure that constitutes a place of lodging providing sleeping accommodations and related facilities for travelers.
“Industrial Property” means, in any Fiscal Year, all Developed Property for which a building permit or use permit has been issued for construction of an industrial, manufacturing, or warehousing structure, fulfillment centers, logistics centers, freight, truck terminals, and other facilities intended for the movement of goods (manufactured or raw) prior to their distribution. The City shall make the determination if a Parcel is Industrial Property.
“Maximum Special Tax” means the greatest amount of Special Tax that can be levied on an Assessor’s Parcel in any Fiscal Year determined in accordance with Section C below.

“Micro-Unit Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit or use permit has been issued for construction of a residential structure with five (5) or more Units of approximately 800 square feet of floor area or less for each such Unit that share a single Assessor’s Parcel number, all of which are offered for rent to the general public and cannot be purchased by individual homebuyers.

“Multi-Family Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit or use permit has been issued for construction of a residential structure with five (5) or more Units that share a single Assessor’s Parcel number, all of which are offered for rent to the general public and cannot be purchased by individual homebuyers.

“Non-Residential Property” means, collectively, Commercial Property, Hotel Property, Industrial Property, and Office Property.

“Office Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit or use permit has been issued for a building in which professional, banking, insurance, real estate, administrative or in -office medical or dental activities are conducted.

The City shall make the determination if a Parcel is Office Property.

“Ordinary Use Parcel” means any Parcel of Taxable Property that is not an Additional Load Parcel, Decorative Lighting Parcel, Residential Alley Parcel, Additional Load and Decorative Lighting Parcel, Residential Alley and Decorative Lighting Parcel, Private Street Parcel, 50/50 Public & Private Residential Street Parcel, or Heavy Truck Traffic Parcel.

“Private Street Parcel” means, any Taxable Property where all or the majority of the residential streets are private within the development and the maintenance of the residential components are not funded by the CFD or by the federal government, State of California, County, City, or other public agency.

“50/50 Public & Private Residential Street Parcel” means, any Taxable Property where there is a fairly even split of public and private streets associated with a development.

“Proportionately” means that the ratio of the actual Special Tax levy to the Maximum Special ITEM 16.10.

ATTACHMENT 3
Exhibit B to the Resolution

4 Tax is equal for all Parcels of Developed Property.

“Public Property” means any property within the boundaries of CFD No. 2014 -2 that is owned by the federal government, State of California, County, City, or other public agency.

“Residential Alley and Decorative Lighting Parcel” means any Parcel that is determined by the City to be both a Residential Alley Parcel and a Decorative Lighting Parcel.

“Residential Alley Parcel” means any Parcel of Residential Property that is determined by the City to have residential alleys that are part of the public roadways.

“Residential Property” means, collectively, Single Family Attached Property, Single Family Detached Property, Multi-Family Property, and Micro-Unit Property.

“Single Family Attached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit was issued for construction of a residential structure consisting of two (2) to four (4) Units that share common walls, have separate Assessor’s Parcel numbers assigned to them (except for a duplex unit, which may share an Assessor’s Parcel with another duplex unit), and are offered as for -sale Units (which shall still be the case even if the Units are purchased and subsequently offered for rent by the owner of the Unit(s)), including such residential structures that meet the statutory definition of a condominium contained in Civil Code Section 1351.

“Single Family Detached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit was issued for construction of a Unit that does not share a common wall with another Unit.

“Soundwall Parcel” means any Parcel of Developed Property whose tract boundary is encompassed by soundwalls maintained within the CFD.

“Special Tax Requirement” means the amount of revenue needed in any Fiscal Year to pay for the following: (i) Authorized Services, (ii) Administrative Expenses, and (iii) amounts needed to cure any delinquencies in the payment of Special Taxes which have occurred or (based on delinquency rates in prior years) may be expected to occur in the Fiscal Year in which the tax will be collected.

“Special Tax” means a special tax levied in any Fiscal Year on property within CFD No. 2014-2 to pay the Special Tax Requirement.

“Square Foot,” “Square Footage,” or “Square Feet” means the building square footage reflected on the original building permit issued for construction of a building.

“Taxable Property” means all Assessor’s Parcels within the boundaries of CFD No. 2014 -2 which are not exempt from the Special Tax pursuant to law or Section E below.

“Taxable Public Property” means, in any Fiscal Year, all Assessor’s Parcels in CFD No. 2014 -2 ITEM 16.10.

ATTACHMENT 3
Exhibit B to the Resolution

5 that had, in prior Fiscal Years, been taxed as Developed Property and subsequently came under the ownership of a public agency.

“Tax Zone” means a mutually exclusive tax zone identified in Attachment 1 of this Rate and Method of Apportionment of Special Tax, as may be updated to include new Parcels or new tax zones added to the CFD as a result of future annexations.

“Unit” means an individual single -family detached unit or an individual residential unit within a duplex, triplex, fourplex, townhome, condominium, or apartment structure. Unit shall also mean a rentable single hotel room or rentable unit on a Parcel of Hotel Property.

B. DATA COLLECTION FOR ANNUAL TAX LEVY
Each Fiscal Year, the Administrator shall identify the current Assessor’s Parcel number for all Parcels of Taxable Property within CFD No. 2014 -2 and shall determine within which Tax Zone each Assessor’s Parcel is located. Upon each annexation of property into CFD No. 2014 -2, the Administrator shall update Attachment 1 to include the new Assessor’s Parcel number(s). In addition, for all Parcels of Developed Property, if applicable to the Tax Zone in which the Parcels are located, the Administrator shall determine if each Parcel is an Ordinary Use Parcel, an Additional Load Parcel, a Residential Alley Parcel, a Decorative Lighting Parcel, an Additional Load and Decorative Lighting Parcel, a Residential Alley and Decorative Lighting Parcel, Private Street Parcel, 50/50 Public & Private Residential Street Parcel, or a Heavy Truck Traffic Parcel.

Based on review of building permit records for property within the CFD, the Administrator shall determine which Parcels in the CFD are Developed Property for purposes of levying the Special Tax pursuant to Section D below. For Single Family Attached Property, Multi -Family Property, Micro - Unit Property, and Hotel Property, the number of Units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan for the property. For Residential Property, the Administrator shall determine the Square Footage of each Unit. For Non - Residential Property, the Administrator shall determine the Acreage of, and Square Footage on, each Parcel.

If a Parcel in the CFD is rezoned prior to such Parcel becoming Developed Property, the City may in its sole discretion, move the Parcel to a different Tax Zone based on the rezone. If a Parcel rezones after the Parcel has been taxed as Developed Property in prior Fiscal Years, the City can either continue to apply the Maximum Special Tax to the Parcel that had applied prior to the rezone or, in the City’s sole discretion, allow for the Parcel to be moved to a different Tax Zone based on the rezone.

In any Fiscal Year, if it is determined that (i) a parcel map for a portion of property in CFD No. 2014 - 2 was recorded after January 1 of the prior Fiscal Year (or any other date after which the Assessor will not incorporate the newly-created Parcels into the then current tax roll), (ii) because of the date the parcel map was recorded, the Assessor does not yet recognize the new Parcels created by the parcel map, and (iii) one or more of the newly -created Parcels meets the definition of Developed Property, the Administrator shall calculate the Special Tax for the property affected by recordation ITEM 16.10.

ATTACHMENT 3
Exhibit B to the Resolution

6 of the parcel map by determining the Special Tax that applies separately to each newly -created Parcel, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the parcel map.

C. MAXIMUM SPECIAL TAX

1. All Tax Zones
The following Maximum Special Taxes apply to all Parcels of Developed Property within each Tax Zone of CFD No. 2014-2, unless otherwise specified in Attachment 1.

a. Ordinary Use Parcel

MAXIMUM SPECIAL TAXES

ORDINARY USE PARCEL
(FISCAL YEAR 2022-23)

Land Use Class Rate
Single Family Detached Property per Unit $491.78
Single Family Attached Property per Unit $388.50
Multi-Family Property per Unit $280.31
Micro-Unit Property per Unit $186.97
Commercial Property per 1,000 Sq. Ft. $733.73
Hotel Property per Unit $290.15
Industrial Property per 1,000 Sq. Ft. $221.30
Office Property per 1,000 Sq. Ft. $732.75

On July 1 st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.

ITEM 16.10.

ATTACHMENT 3
Exhibit B to the Resolution

7 b. Residential Alley Parcel

MAXIMUM SPECIAL TAXES

RESIDENTIAL ALLEY PARCEL
(FISCAL YEAR 2022-23)

Land Use Class Rate
Single Family Detached Property per Unit $533.89
Single Family Attached Property per Unit $421.77
Multi-Family Property per Unit $304.32
Micro-Unit Property per Unit $202.98
Commercial Property per 1,000 Sq. Ft. N/A
Hotel Property per Unit N/A
Industrial Property per 1,000 Sq. Ft. N/A
Office Property per 1,000 Sq. Ft. N/A

On July 1 st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.

c. Decorative Lighting Parcel

MAXIMUM SPECIAL TAXES

DECORATIVE LIGHTING PARCEL
(FISCAL YEAR 2022-23)
Land Use Class Rate
Single Family Detached Property per Unit $499.30
Single Family Attached Property per Unit $394.44
Multi-Family Property per Unit $284.60
Micro-Unit Property per Unit $189.83
Commercial Property per 1,000 Sq. Ft. $744.95
Hotel Property per Unit $294.58
Industrial Property per 1,000 Sq. Ft. $224.68
Office Property per 1,000 Sq. Ft. $743.95

On July 1 st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.

ITEM 16.10.

ATTACHMENT 3
Exhibit B to the Resolution

8 d. Additional Load Parcel

MAXIMUM SPECIAL TAXES

ADDITIONAL LOAD PARCEL
(FISCAL YEAR 2022-23)
Land Use Class Rate
Single Family Detached Property per Unit N/A
Single Family Attached Property per Unit N/A
Multi-Family Property per Unit N/A
Micro-Unit Property per Unit N/A
Commercial Property per 1,000 Sq. Ft. $761.58
Hotel Property per Unit N/A
Industrial Property per 1,000 Sq. Ft. $229.70
Office Property per 1,000 Sq. Ft. N/A

On July 1 st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.

e. Soundwall Parcel

MAXIMUM SPECIAL TAXES

SOUNDWALL PARCEL
(FISCAL YEAR 2022-23)
Land Use Class Rate
Single Family Detached Property per Unit $512.68
Single Family Attached Property per Unit $405.02
Multi-Family Property per Unit $292.22
Micro-Unit Property per Unit $194.91
Commercial Property per 1,000 Sq. Ft. $764.92
Hotel Property per Unit $302.48
Industrial Property per 1,000 Sq. Ft. $230.71
Office Property per 1,000 Sq. Ft. $763.90

On July 1 st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.

ITEM 16.10.

ATTACHMENT 3
Exhibit B to the Resolution

9 f. Additional Load and Decorative Lighting Parcel

MAXIMUM SPECIAL TAXES

ADDITIONAL LOAD AND DECORATIVE LIGHTING PARCEL
(FISCAL YEAR 2022-23)
Land Use Class Rate
Single Family Detached Property per Unit N/A
Single Family Attached Property per Unit N/A
Multi-Family Property per Unit N/A
Micro-Unit Property per Unit N/A
Commercial Property per 1,000 Sq. Ft. $772.80
Hotel Property per Unit N/A
Industrial Property per 1,000 Sq. Ft. $233.08
Office Property per 1,000 Sq. Ft. N/A

On July 1 st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.

g. Residential Alley and Decorative Lighting Parcel

MAXIMUM SPECIAL TAXES

RESIDENTIAL ALLEY AND DECORATIVE LIGHTING PARCEL
(FISCAL YEAR 2022-23)
Land Use Class Rate
Single Family Detached Property per Unit $541.41
Single Family Attached Property per Unit $427.72
Multi-Family Property per Unit $308.60
Micro-Unit Property per Unit $205.84
Commercial Property per 1,000 Sq. Ft. N/A
Hotel Property per Unit N/A
Industrial Property per 1,000 Sq. Ft. N/A
Office Property per 1,000 Sq. Ft. N/A

On July 1st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.

ITEM 16.10.

ATTACHMENT 3
Exhibit B to the Resolution

10 h. Residential Alley and Soundwall Parcel

MAXIMUM SPECIAL TAXES

RESIDENTIAL ALLEY AND SOUNDWALL PARCEL
(FISCAL YEAR 2022-23)
Land Use Class Rate
Single Family Detached Property per Unit $558.08
Single Family Attached Property per Unit $440.89
Multi-Family Property per Unit $318.11
Micro-Unit Property per Unit $212.18
Commercial Property per 1,000 Sq. Ft. N/A
Hotel Property per Unit N/A
Industrial Property per 1,000 Sq. Ft. N/A
Office Property per 1,000 Sq. Ft. N/A

On July 1 st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.

i. Decorative Lighting and Soundwall Parcel

MAXIMUM SPECIAL TAXES

DECORATIVE LIGHTING AND SOUNDWALL PARCEL
(FISCAL YEAR 2022-23)
Land Use Class Rate
Single Family Detached Property per Unit $520.02
Single Family Attached Property per Unit $410.80
Multi-Family Property per Unit $296.41
Micro-Unit Property per Unit $197.70
Commercial Property per 1,000 Sq. Ft. $775.85
Hotel Property per Unit $306.80
Industrial Property per 1,000 Sq. Ft. $234.00
Office Property per 1,000 Sq. Ft. $774.82

On July 1 st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.

ITEM 16.10.

ATTACHMENT 3
Exhibit B to the Resolution

11 j. Residential Alley, Decorative Lighting, and Soundwall Parcel

MAXIMUM SPECIAL TAXES

RESIDENTIAL ALLEY, DECORATIVE LIGHTING AND SOUNDWALL PARCEL (FISCAL YEAR 2022-23)
Land Use Class Rate
Single Family Detached Property per Unit $561.81
Single Family Attached Property per Unit $443.82
Multi-Family Property per Unit $320.22
Micro-Unit Property per Unit $213.59
Commercial Property per 1,000 Sq. Ft. N/A
Hotel Property per Unit N/A
Industrial Property per 1,000 Sq. Ft. N/A
Office Property per 1,000 Sq. Ft. N/A

On July 1 st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.

k. Private Street Parcel

MAXIMUM SPECIAL TAXES

PRIVATE STREET PARCEL
(FISCAL YEAR 2022-23)
Land Use Class Rate
Single Family Detached Property per Unit $323.10
Single Family Attached Property per Unit $255.24
Multi-Family Property per Unit $184.16
Micro-Unit Property per Unit $122.84
Commercial Property per 1,000 Sq. Ft. N/A
Hotel Property per Unit N/A
Industrial Property per 1,000 Sq. Ft. N/A
Office Property per 1,000 Sq. Ft. N/A

On July 1st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.

ITEM 16.10.

ATTACHMENT 3
Exhibit B to the Resolution

12 l. 50/50 Public & Private Residential Street Parcel

MAXIMUM SPECIAL TAXES
50/50 PUBLIC & PRIVATE STREET PARCEL
(FISCAL YEAR 2022-23)
Land Use Class Rate
Single Family Detached Property per Unit $407.19
Single Family Attached Property per Unit $321.68
Multi-Family Property per Unit $232.10
Micro-Unit Property per Unit $154.81
Commercial Property per 1,000 Sq. Ft. N/A
Hotel Property per Unit N/A
Industrial Property per 1,000 Sq. Ft. N/A
Office Property per 1,000 Sq. Ft. N/A

On July 1 st following the Fiscal Year rate above, the Maximum Special Taxes shown above shall be increased by the Annual Escalation Factor.

m. Heavy Truck Traffic Parcel

MAXIMUM SPECIAL TAXES

HEAVY TRUCK TRAFFIC PARCEL
(FISCAL YEAR 2022-23)
Land Use Class Rate
Single Family Detached Property per Unit N/A
Single Family Attached Property per Unit N/A
Multi-Family Property per Unit N/A
Micro-Unit Property per Unit N/A
Commercial Property per 1,000 Sq. Ft. N/A
Hotel Property per Unit N/A
Industrial Property per 1,000 Sq. Ft. $317.99
Office Property per 1,000 Sq. Ft. N/A

ITEM 16.10.

ATTACHMENT 3
Exhibit B to the Resolution

13 D. METHOD OF LEVY AND COLLECTION OF SPECIAL TAX
Each Fiscal Year, the Special Tax shall be levied as follows until the amount of the levy equals the Special Tax Requirement for that Fiscal Year:

First: The Special Tax shall be levied proportionately on each Parcel of Developed Property up to 100% of the Maximum Special Tax determined for each category of Developed Property within the CFD and each Tax Zone until the amount levied is equal to the Special Tax Requirement for the Fiscal Year.

Second: If additional revenue is needed after the first step has been completed, the Special Tax shall be levied proportionately on each Parcel of Taxable Public Property up to 100% of the Maximum Special Tax that would have applied to the Parcel had the Parcel not become Public Property until the amount levied is equal to the Special Tax Requirement for the Fiscal Year.

The Special Tax for CFD No. 2014 -2 shall be collected at the same time and in the same manner as ordinary ad valorem property taxes provided, however, that the City may (under the authority of Government Code Section 53340) collect Special Taxes at a different time or in a different manner if necessary to meet CFD No. 2014 -2 financial obligations and the Special Tax shall be equally subject to foreclosure if delinquent.

E. LIMITATIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no special Tax shall be levied on (i) any Parcel of Public Property that is not Taxable public Property, and (ii) any Parcel in CFD No. 2014-2 that is not Developed Property.

F. DURATION OF SPECIAL TAX
The Special Tax shall be levied in perpetuity to fund the Special Tax Requirement, unless no longer required as determined at the sole discretion of the City Council.

G. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that does not materially affect the Rate and Method of Apportionment of Special Taxes. In addition, the interpretation and application of any section of this document shall be left to the City’s discretion. The City may make interpretations by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment of Special Taxes.

ITEM 16.10.

ATTACHMENT 3
Exhibit B to the Resolution

14 ATTACHMENT 1

CITY OF RANCHO CORDOVA
COMMUNITY FACILITIES DISTRICT NO. 2014-2
(STREET, LIGHTING AND LANDSCAPING MAINTENANCE)

IDENTIFICATION OF TAX ZONES
TAX ZONE 1

Assessor’s Parcels Included in Tax Zone 1 *
Fiscal Year In Which
Property Was Added to
CFD No. 2014-2
067-1210-001 through 067-1210-055
067-1220-001 through 067-1220-059
067-1230-001 through 067-1230-060
2013-14

Tax Zone 1 – Maximum Special Taxes
The Maximum Special Taxes for Zone 1 do not incorporate the long -term maintenance activities which are included as a part of CFD No. 2014 -1. On July 1 of each Fiscal Year thereafter, the Maximum Special Taxes shall be increased by the Annual Escalation Factor.

MAXIMUM SPECIAL TAXES

SOUNDWALL AND DECORATIVE LIGHTING PARCEL
(EXCLUDING LONG-TERM MAINTENANCE)
(FISCAL YEAR 2022-23)

Rate
Single Family Detached Property per Unit $367.21
Single Family Attached Property per Unit $290.10
Multi-Family Property per Unit $209.32
Commercial Property per 1,000 Sq. Ft. $275.56
Hotel Property per Unit $216.65
Industrial Property per 1,000 Sq. Ft. $165.24
Office Property per 1,000 Sq. Ft. $275.56
Land Use Class

ITEM 16.10.

ATTACHMENT 3
Exhibit B to the Resolution

15 TAX ZONE 2

Assessor's Parcels Included in Tax Zone 2*
067-1050-001 Through 067-1050-009 2016-17
072-2870-001 Through 072-2870-072
072-2880-001 Through 072-2880-082
072-2890-001 Through 072-2890-088
072-2900-001 Through 072-2900-080
072-2910-001 Through 072-2910-083 2014-15
072-2920-001 Through 072-2920-069
072-2940-001 Through 072-2940-066
072-2950-001 Through 072-2950-063
072-2960-001 Through 072-2960-065
Fiscal Year in Which
Property was Added to
CFD No. 2014-2

Tax Zone 2 – Maximum Special Taxes
These Maximum Special Taxes include the maintenance of street lighting only. On July 1 of each Fiscal Year thereafter, the Maximum Special Taxes shall be increased by the Annual Escalation Factor.

MAXIMUM SPECIAL TAXES

DECORATIVE LIGHTING ONLY
(FISCAL YEAR 2022-23)
Land Use Class Rate
Single Family Detached Property per Unit $49.86
Single Family Attached Property per Unit $49.86
Multi-Family Property per Unit $206.01
Commercial Property per 1,000 Sq. Ft. $275.56
Hotel Property per Unit $213.28
Industrial Property per 1,000 Sq. Ft. $162.67
Office Property per 1,000 Sq. Ft. $275.56

ITEM 16.10.

ATTACHMENT 3
Exhibit B to the Resolution

16 TAX ZONE 3
Assessor's Parcels Included in Tax Zone 3*
067-1070-001 Through 067-1070-059
067-1090-001 Through 067-1090-089
067-1060-003 Through 067-1060-004
067-1170-001 Through 067-1170-085
067-1180-001 Through 067-1180-016
067-1190-001 Through 067-1190-066
067-1200-001 Through 067-1200-054
067-1100-008
067-1240-001 Through 067-1240-048
067-1250-001 Through 067-1250-108
067-1100-005 Through 067-1100-007
067-1120-001 Through 067-1120-027
067-1130-001 Through 067-1130-176
067-1140-001 Through 067-1140-038
067-1080-007 Through 067-1080-017
067-1150-001 Through 067-1150-080
067-1160-001 Through 067-1160-065
067-1260-001 Through 067-1260-061
067-1270-001 Through 067-1270-113
067-1280-001 Through 067-1280-094
067-1290-001 Through 067-1290-032
2018-19
2017-18
2016-17
Fiscal Year in Which
Property was Added to
CFD No. 2014-2

Tax Zone 3 – Maximum Special Taxes
These Maximum Special Taxes include the maintenance of soundwalls. On July 1 of each Fiscal Year thereafter, commencing July 1, 2015, the Maximum Special Taxes shall be increased by the Annual Escalation Factor.

MAXIMUM SPECIAL TAXES

SOUNDWALL PARCEL
(FISCAL YEAR 2022-23)
Rate
Single Family Detached Property per Unit $512.68
Single Family Attached Property per Unit $405.02
Multi-Family Property per Unit $292.22
Commercial Property per 1,000 Sq. Ft. $764.92
Hotel Property per Unit $302.48
Industrial Property per 1,000 Sq. Ft. $230.71
Office Property per 1,000 Sq. Ft. $763.90
Land Use Class

ITEM 16.10.

ATTACHMENT 3
Exhibit B to the Resolution

17 TAX ZONE 4

Assessor's Parcels Included in Tax Zone 4*
072-4050-017 Through 072-4050-029 2022-23
Fiscal Year in Which
Property was Added to
CFD No. 2014-2

Tax Zone 4 – Maximum Special Taxes
These Maximum Special Taxes include the maintenance of streets determined by the City to have a heavy impact on the public streets. On July 1 of each Fiscal Year thereafter, commencing July 1, 2024, the Maximum Special Taxes shall be increased by the Annual Escalation Factor.

MAXIMUM SPECIAL TAXES

HEAVY TRUCK TRAFFIC PARCEL
(FISCAL YEAR 2022-23)
Land Use Class Rate
Single Family Detached Property per Unit N/A
Single Family Attached Property per Unit N/A
Multi-Family Property per Unit N/A
Micro-Unit Property per Unit N/A
Commercial Property per 1,000 Sq. Ft. N/A
Hotel Property per Unit N/A
Industrial Property per 1,000 Sq. Ft. $317.99
Office Property per 1,000 Sq. Ft. N/A

* The property identified by the Assessor’s Parcel Numbers listed above shall remain part of the identified Tax Zone regardless of changes in the configuration of the Assessor’s Parcels or changes to APNs in future Fiscal Years. As APNs change, the City may update Attachment 1 to reflect the most current APNs and Tax Zones consistent with the categories of Developed Property set forth in the Rate and Method of Apportionment of Special Tax for CFD No. 2014-2.

ITEM 16.10.

ATTACHMENT 3
Exhibit B to the Resolution

1 EXHIBIT C
OWNER AND THE ASSESSOR’S TAX PARCEL NUMBER(S)

Parcel No. Property Owner
067-0650-052-0000 TRI POINTE HOMES HOLDINGS INC

ITEM 16.10.

ATTACHMENT 3
Exhibit B to the Resolution

CITY OF RANCHO CORDOVA
Community Facilities District No. 2014-2
(Street, Lighting and Landscape Maintenance)
Annexation No. 17

UNANIMOUS APPROVAL
of Annexation to a Community Facilities District
and Related Matters
To th
e City Council
City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 956703
Memb
ers of the City Council:

This constitutes the Unanimous Approval (the “ Unanimous Approval”) of TRI POINTE HOMES HOLDINGS INC., the record owner(s) (the “ Property Owner”) of the fee title to the real property identified below (the “Property”) contemplated by Section 53339.3 et seq. of the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”) to annexation of the Property to the "City of Rancho Cordova Community Facilities District No. 20 14-2 ( Street, Lighting and Landscape Maintenance ) (the “CFD”), and it states as follows:

1. Property Owner. This Unanimous Approval is submitted by the Property Owner (whether one or more) identified below as or for the recorded owner(s) of the Property identified below. The Property Owner warrants to the City of Ranch o Cordova (the “City”) that they are such Property Owner or is legally authorized to execute this Unanimous Approval for and on behalf of such Property Owner.

2. Approval of Annexation . This Unanimous Approval constitutes the unanimous approval and unanimous vote by the Property Owner in favor of the annexation of the Property to the CFD. The CFD was formed to finance the municipal services (the “Services”) described in
Exhibit A hereto and made a part hereof.

3. Approval of Special Tax and the Facilities . This Unanimous Approval constitutes the unanimous approval and unanimous vote by the Property Owner in favor of the levy of special taxes (the “Special Taxes”) on the Property to finance the Services, according to the Rate and Method of Apportionment of Special Taxes for the CFD attached hereto as Exhibit B and made a part hereof (the " Rate and Method").

Exhibit B describes the maximum special tax rate for the Services. This annexed property is placed in Tax Zone 3 for purposes of computation of the Special Tax.

4. Approval of the Appropriations Limit . This Unanimous Approval constitutes the unanimous approval and unanimous vote by the Property Owner in favor of the appropriations limit established for the CFD.

ITEM 16.10.

ATTACHMENT 4

5. Waivers and Vote . The Property Owner hereby confirms that this Unanimous Approval constitutes its approval and unanimous vote as described herein and as contemplated by Section 53339.3 et seq. of the Act and Article XIIIA of the California Constitution. The Property Owner hereby waives all other rights with respect to the annexation of the Property, the levy of the Special Taxes on the Property and the other matters covered in this Unanimous Approval.

6. Recordation of Amendment to Notice of Special Tax Lien. The Notice of Special Tax Lien for the CFD was heretofore recorded in the Office of the County Recorder of the County of Sacramento, State of California on June 17, 2014 recorded at Book 20140617 at Page 0345 (Document No. 20140617PG0345).

The Property Owner hereby authorizes and directs the City Clerk to execute and cause to be recorded in the O ffice of the County Recorder of the County of Sacramento an amendment to the Notice of Special Tax Lien for the CFD as required by Section 3117.5 of the California Streets and Highways Code. The amendment to the Notice of Special Tax Lien shall include the Rate and Method as an exhibit thereto.

7. City Warranted. The Property Owner warrants to the City that the presentation of this Unanimous Approval, any votes, consents or waivers contained herein, and other actions mandated by the City for the annexation of the Property to the CFD shall not constitute or be construed as events of default or delinquencies under any existing or proposed financing documents entered into or to be entered into by the Property Owner for the Property, includin g any “due -on-encumbrance” clauses under any existing security instruments secured by the Property. If requested by the City, the Property Owner agrees, at its own expense, to supply to the City, current title evidence so that the City may verify ownership for the annexation to the CFD.

8. Due Diligence and Disclosures. The Property Owner agrees to cooperate with the City and its attorneys and consultants and to provide all information and disclosures required by the City about the Special Taxes to purchasers of the Property or any part of it.

9. Agreements. The Property Owner further agrees to execute such additional or supplemental agreements as may be required by the City to provide for any of the actions and conditions described in this Unanimous Approval, including any cash deposit required to pay for the City's costs in annexing the Property to the CFD.

10. The Property. The Property is identified as follows:

County of Sacramento Assessor’s Parcel Numbers:
067-0650-052-0000: The property consists of a total of 9.57 acres.

The property consists of a total of 9.57 acres.

ITEM 16.10.

ATTACHMENT 4

ITEM 16.10.

ATTACHMENT 4

EXHIBIT A

CITY OF RANCHO CORDOVA
Community Facilities District No. 2014-2
(Street, Lighting and Landscape Maintenance)

DESCRIPTION OF SERVICES

Maintenance of public street, lighting and landscaping improvements

Maintenance means the furnishing of services and materials for the ordinary and usual operation, maintenance and servicing of the public street, lighting, and landscaping improvements, dedicated easements, and appurtenant facilities, and administration and overhead of all aspects of the CFD.

Reserve Fund

The CFD special taxes may be collected and set -aside in designated funds, collected over several years, that may be used by the CFD to fund future repairs to public streets, lighting and landscaping improvements and other services as determined by the CFD.

ITEM 16.10.

ATTACHMENT 4

EXHIBIT B

CITY OF RANCHO CORDOVA
COMMUNITY FACILITIES DISTRICT NO. 2014-2
(STREET, LIGHTING AND LANDSCAPING MAINTENANCE)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
FOR ANNEXATION NO. 17 (THE SUNRIDGE PARK III PROJECT)

A Special Tax applicable to each Assessor’s Parcel in Community Facilities District No. 2014-2 (Street, Lighting and Landscaping Maintenance) shall be levied and collected according to the tax liability determined by the City Council, acting in its capacity as the legislative body of CFD No. 2014-2, through the application of the appropriate Special Tax rate, as described below.

All of the property in CFD No. 2014 -2, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 2014 -2 unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final subdivision map, a final parcel map, a final approved condominium pl an, or functionally equivalent final map or instrument recorded in the Office of the County Recorder. If the area shown on said map is in square footage, Acreage shall be calculated by dividing the square footage by 43,560.

“Additional Load and Decorative Lighting Parcel” means any Parcel that is determined by the City to be both an Additional Load Parcel and a Decorative Lighting Parcel. “Additional Load Parcel” means any Parcel of Commercial Property or Industrial Property that is determined by the City to create excessive wear and tear on the roadways and/or a high volume of vehicular traffic.
“Administrative Expenses” means the costs incurred by the City to determine, levy and collect the Special Tax, including salaries of City employees and fees of consultants and the costs of collecting installments of the Special Taxes upon the general tax rolls, preparation of required reports, and any other costs required to administer the CFD. “Administrator” means the person or firm designated by the City to administer the Special Taxes according to this Rate and Method of Apportionment of Special Tax.

ITEM 16.10.

ATTACHMENT 4

“Annual Escalation Factor” means the annual percentage increase in the McGraw -Hill Engineering News Record Construction Cost Index (ENR CCI) for the San Francisco area from January of the previous year to January of the year that the Special Tax is levied. In the event that the ENR CCI defined above is no longer reported, the City Council shall select a similar index to replace it.

“Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel number.

“Assessor’s Parcel Map” means an official map of the County Assessor designating parcels by Assessor’s Parcel number.
“Authorized Services” means the public services authorized to be funded by CFD No. 2014-2 as set forth in the documents adopted by the City Council when the CFD was formed. “CFD” or “CFD No. 2014- 2” means the City of Rancho Cordova Community Facilities District No. 2014-2 (Street, Lighting and Landscaping Maintenance). “City” means the City of Rancho Cordova.
“City Council” means the City Council of the City of Rancho Cordova, acting as the legislative body of CFD No. 2014-2.
“Commercial Property” means, in any Fiscal Year, all Developed Property for which a building permit or use permit has been issued for a commercial establishment which includes, but is not limited to, retail stores, clothing stores, book stores, convenience stores, drug stores, professional services (i.e., barber shops, dry cleaners), restaurants, supermarkets, hospitals, movie theaters, appliance and electronics stores, home supply stores, auto parts stores, and other retail uses. The City shall make the determination if a Parcel is Commercial Property. “County” means the County of Sacramento.
“Decorative Lighting Parcel” means any Parcel of Developed Property that is determined by the City to have or benefit from decorative lighting features. “Developed Property” means, in any Fiscal Year, all Parcels of Taxable Property for which a use permit or building permit for new construction of a residential or non -residential structure (which shall not include a permit issued solely for construction of the foundation if another permit remains to be issued for vertical construction of the building) was issued prior to June 30 of the preceding Fiscal Year.
“Fiscal Year” means the period starting on July 1 and ending on the following June 30. “Heavy Truck Traffic Parcel” means, any Parcel of Developed Property that is determined by the City to have heavy truck traffic impact on the public streets and include, but are not limited to, fulfillment centers, logistics centers, freight, truck terminals, and other ITEM 16.10.

ATTACHMENT 4

facilities intended for the movement of goods (manufactured or raw) prior to their distribution. “Hotel Property” means, in any Fiscal Year, all Developed Property for which a building permit or use permit has been issued for a structure that constitutes a place of lodging providing sleeping accommodations and related facilities for travelers. “Industrial Property” means, in any Fiscal Year, all Developed Property for which a building permit or use permit has been issued for construction of an industrial, manufacturing, or warehousing structure, fulfillment centers, logistics centers, freight, truck terminals, and other facilities intended for the movement of goods (manufactured or raw) prior to their distribution.

The City shall make the determination if a Parcel is Industrial Property. “Maximum Special Tax” means the greatest amount of Special Tax that can be levied on an Assessor’s Parcel in any Fiscal Year determined in accordance with Section C below.

“Micro-Unit Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit or use permit has been issued for construction of a residential structure with five (5) or more Units of approximately 800 square feet of floor area or less for each such Unit that share a single Assessor’s Parcel number, all of which are offered for rent to the general public and cannot be purchased by individual homebuyers.

“Multi-Family Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit or use permit has been issued for construction of a residential structure with five (5) or more Units that share a single Assessor’s Parcel number, all of which are offered for rent to the general public and cannot be purchased by individual homebuyers.

“Non-Residential Property” means, collectively, Commercial Property, Hotel Property, Industrial Property, and Office Property.

“Office Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit or use permit has been issued for a building in which professional, banking, insurance, real estate, administrative or in -office medical or dental activities are conducted. The City shall make the determination if a Parcel is Office Property.

“Ordinary Use Parcel” means any Parcel of Taxable Property that is not an Additional Load Parcel, Decorative Lighting Parcel, Residential Alley Parcel, Additional Load and Decorative Lighting Parcel, Residential Alley and Decorative Lighting Parcel , Private Street Parcel, 50/50 Public & Private Residential Street Parcel, or Heavy Truck Traffic Parcel.

“Private Street Parcel” means, any Taxable Property where all or the majority of the residential streets are private within the development and the maintenance of the residential components are not funded by the CFD or by the federal government, State of California, County, City, or other public agency.

ITEM 16.10.

ATTACHMENT 4

“50/50 Public & Private Residential Street Parcel” means, any Taxable Property where there is a fairly even split of public and private streets associated with a development.

“Proportionately” means that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Parcels of Developed Property.

“Public Property” means any property within the boundaries of CFD No. 2014-2 that is owned by the federal government, State of California, County, City, or other public agency.

“Residential Alley and Decorative Lighting Parcel” means any Parcel that is determined by the City to be both a Residential Alley Parcel and a Decorative Lighting Parcel.

“Residential Alley Parcel” means any Parcel of Residential Property that is determined by the City to have residential alleys that are part of the public roadways.

“Residential Property” means, collectively, Single Family Attached Property, Single Family Detached Property, Multi-Family Property, and Micro-Unit Property.

“Single Family Attached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit was issued for construction of a residential structure consisting of two (2) to four (4) Units that share common walls, have separate Assessor’s Parcel numbers assigne d to them (except for a duplex unit, which may share an Assessor’s Parcel with another duplex unit), and are offered as for -sale Units (which shall still be the case even if the Units are purchased and subsequently offered for rent by the owner of the Unit(s)), including such residential structures that meet the statutory definition of a condominium contained in Civil Code Section 1351.

“Single Family Detached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit was issued for construction of a Unit that does not share a common wall with another Unit.

“Soundwall Parcel” means any Parcel of Developed Property whose tract boundary is encompassed by soundwalls maintained within the CFD.

“Special Tax Requirement” means the amount of revenue needed in any Fiscal Year to pay for the following: (i) Authorized Services, (ii) Administrative Expenses, and (iii) amounts needed to cure any delinquencies in the payment of Special Taxes which have occurred or (based on delinquency rates in prior years) may be expected to occur in the Fiscal Year in which the tax will be collected.

“Special Tax” means a special tax levied in any Fiscal Year on property within CFD No. 2014-2 to pay the Special Tax Requirement.

“Square Foot,” “Square Footage,” or “Square Feet” means the building square footage reflected on the original building permit issued for construction of a building.

ITEM 16.10.

ATTACHMENT 4