ITEM 13.5. ATTACHMENT 1
Resolution No. XX-2025 - Exhibit B
ITEM 13.5. ATTACHMENT 1
Resolution No. XX-2025 - Exhibit B
ITEM 13.5. ATTACHMENT 1
Resolution No. XX-2025 - Exhibit B
ITEM 13.5. ATTACHMENT 1
Resolution No. XX-2025 - Exhibit B
ITEM 13.5. ATTACHMENT 1
Resolution No. XX-2025 - Exhibit C
EXHIBIT C
Notice of Public Hearing
NOTICE is hereby given that on Monday, March 17, 2025, at 5:30 p.m., or as soon thereafter as the matter may be heard, the City Council of the City of Rancho Cordova will hold a Public Hearing at the Rancho Cordova City Hall, located at 2729 Prospect Park Drive, Rancho Cordova, to consider the following:
PROPOSED “THE PRESERVE COMMUNITY FACILITIES DISTRICT NO. 2025-1”
The purpose of this public hearing is: The City of Rancho Cordova is considering the formation of a community facilities district (the "CFD") under the authority of the Mello- Roos Community Facilities District Act of 1982, as amended, to fund certain public facilities related to new development within the City of Rancho Cordova.
This Notice contains a brief summary of the proposal, but you are referred to the City Council's resolution “A Resolution of Intention of the City Council to Form a Community Facilities District and Levy a Special Tax in City of Rancho Cordova The Preserve Community Facilities District No. 2025-1 to Finance the Acquisition and Construction of Certain Public Facilities in and for such Community Facilities District” adopted __________, 2025 and its resolution “A Resolution of the City Council Declaring its Intention to Incur a Bonded Indebtedness to Finance the Acquisition and Construction of Certain Public Facilities in and for City of Rancho Cordova The Preserve Community Facilities District No. 2025-1” adopted __________, 2025 for the definitive description of the proposal.
The proposal is to subject the property within the CFD to a special tax which will be used to pay for facilities of benefit to land within the CFD, including paying principal and interest on bonds used to build facilities, and will expire when the bonds are retired and all eligible facilities are financed. The proceeds of the bonds will be used to pay for the facilities and other expenses set forth in the resolutions referred to in the preceding paragraph. A map showing the land proposed to be included in the CFD is on file with the City Clerk.
As set forth above, the City Council will hold a public hearing on the establishment of the CFD, the facilities to be financed by the CFD, and the levy of the special tax within the CFD.
The proposal also includes authority to issue up to $23,800,000 in bonds to be repaid by the special tax. Neither the City of Rancho Cordova nor any person outside the CFD has any liability for the special tax or the bonds. The security for the bonds is limited to the property subject to the special tax within the CFD.
In order to confer the authority upon Rancho Cordova City Council to levy the special tax and to issue the bonds, a public hearing must be held on the proposal, then the City Council will decide whether to form the CFD, and finally the qualified electors within the CFD must approve the proposal by a two-thirds vote. Where the CFD is uninhabited (as is the case here) the qualified electors are, pursuant to law, the owners of property within the CFD.
At the hearing, the testimony of all interested persons or potential special taxpayers for or against the formation of the proposed community facilities district, the authorization to levy the special tax, and the authorization to issue the bonds will be heard. If written protests against
ITEM 13.5. ATTACHMENT 1
Resolution No. XX-2025 - Exhibit C
the proposed CFD are delivered to the City Clerk at or before the time set for the hearing by either registered voters residing within, or the owners of property within, the proposed CFD, they will be counted toward a possible majority protest. Such protests by a majority of the registered voters residing within the CFD or by the owners of a majority of the land area within CFD which is or will be subject to the special tax, if not withdrawn prior to the close of the hearing so as to reduce the value of the protests to less than a majority, will require the proposed CFD to be eliminated from immediate consideration, and prevent its being included in a subsequent proceedings for at least one year.
If the City Council, after the public hearing, determines that a majority protest under Section 53324 of the California Government Code was not made at the hearing, the City Council may conduct an election by mailed ballot to levy a special tax and incur bonded indebtedness.
The City of Rancho Cordova encourages interested parties to attend public meetings and comment on the issues being discussed. If you wish to provide testimony and are unable to attend the meeting, written comments that are delivered to the City Clerk’s office prior to the time of the hearing will be made a part of the public record. Questions regarding this matter should be directed to the City of Rancho Cordova Finance Department at (916) 851-8730. _________________________________________________________
NOTICE REGARDING CHALLENGES TO DECISIONS
Pursuant to all applicable laws and regulations, including without limitation, California Government Code Section 65009 and/or California Public Resources Code Section 21177, if you wish to challenge in court any of the above decisions (regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the city at, or prior to, this public hearing.
ADA COMPLIANCE STATEMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Department at (916) 851-8720.
Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Printed in the Grapevine Independent on XXXXXX,XXXXXX, 2025
ITEM 13.5. ATTACHMENT 2
Resolution No. XX-2025 Page 1 of 3
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2025
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CORDOVA TO INCURE BONDED INDEBTEDNESS FOR THE PRESERVE COMMUNITY FACILITIES DISTRICT NO. 2025-1 TO FINANCE THE
ACQUISITION AND CONSTRUCTION OF CERTAIN PUBLIC FACILITIES IN AND FOR
SUCH COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Council (the “City Council”) of the City of Rancho Cordova (the “City”) has duly adopted Resolution No. XX-2025 (the “Resolution of Intention”) on February 3, 2025, wherein it declared its intention to establish a community facilities district under and pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”), to be known and designated as the “City of Rancho Cordova The Preserve CFD Community Facilities District No. 2025-1” (the “CFD”) , designate therein ”Improvement Area No. 1 of the City of Rancho Cordova The Preserve CFD Community Facilities District No. 2025- 1” (“Improvement Area No. 1”), and form a future annexation area for the CFD (the “Future Annexation Area”), and to levy a special tax therein to finance the acquisition and construction of certain public facilities (collectively the “Facilities”) listed in Exhibit A to the Resolution of Intention and incorporated therein and made a part hereof; and WHEREAS, in order to finance the costs of the Facilities it is necessary to incur bonded indebtedness in the amount of not to exceed $23,800,000 on behalf of the CFD and a bonded indebtedness limit for the CFD; and
WHEREAS, the City Council is fully advised in this matter;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, AS FOLLOWS:
1. The above recitals are true and correct, and the City Council so finds and determines.
2. The City Council hereby declares that the public convenience and necessity require that a bonded indebtedness in the principal amount of not to exceed $23,800,000 be incurred in one or more series to finance the acquisition and construction of the Facilities, which amount includes all costs and estimated costs incidental to, or connected with, the accomplishment of the purpose for which such bonded indebtedness is proposed to be incurred (the “Authorization”), initially allocated as follows: (i) for Improvement Area No. 1, the bonded indebtedness limit is $13,700,000 and (ii) for land within the Future Annexation Area (the “Future Improvement Area, the bonded indebtedness limit is not to exceed $10,100,000 (the “Future Improvement Area Indebtedness Limit”), provided that prior to any land in Improvement Area No. 1 becoming Developed Property (as defined in the Rate and Method) and prior to the first sale of bonds for Improvement Area No. 1, the Finance Director of the City may change the allocation upon receiving the affirmative vote for the reallocation from the owner of all the land in Improvement Area No. 1. Indebtedness subject to this limit shall only include indebtedness evidenced by bonds or notes and shall not include bonds described in Section 53364.2(e) of the Act.
ITEM 13.5. ATTACHMENT 2
Resolution No. XX-2025 Page 2 of 3 Upon designation of a parcel or parcels annexed into the CFD from the Future Annexation Area as a Future Improvement Area, the Unanimous Consent shall include an authorization to incur bonded indebtedness for such Future Improvement Area in a maximum amount which does not cause the bonded indebtedness for the CFD to exceed the Authorization, and which limit shall be set forth in a Unanimous Consent. Such allocation may be made without any requirement for further public hearings, Council action or other additional proceedings, and the City shall include the Unanimous Consent in the records for the CFD.
3. This Council, acting as legislative body for the CFD, intends to authorize the issuance and sale of bonds and other debt in one or more series in the maximum aggregate principal amount of not to exceed the established Improvement Area No. 1 bonded indebtedness limit bearing interest payable semi-annually or in such other manner as this Council shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds and other debt, and maturing not to exceed 40 years from the date of the issuance of each series of the bonds and other debt.
This Council, acting as legislative body for the CFD, intends to authorize the issuance and sale of bonds and other debt in one or more series in the maximum aggregate principal amount with respect to the Future Improvement Areas to be determined at the time of annexation (not to exceed the Future Improvement Area Indebtedness Limit in the aggregate), bearing interest payable semi-annually or in such other manner as this Council shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of each series of bonds and other debt, and maturing not to exceed 40 years from the date of the issuance of the respective series of bonds and other debt.
4. Notice is given that Monday, March 17, 2025, at the hour of 5:30 P.M., at the regular meeting place of the City Council, City Council Chambers, Rancho Cordova City Hall, 2729 Prospect Park Drive, Rancho Cordova, California 95670, has been fixed by the City Council as the time and place for a public hearing to be held by the City Council to consider the incurring of such bonded indebtedness to finance the acquisition and construction of the Facilities in and for the CFD. At the hearing, testimony concerning the incurring of such bonded indebtedness secured by a special tax to be levied within the CFD to finance the acquisition and construction of the Facilities will be heard and protests will be considered from registered voters residing within the CFD and persons owning real property within the CFD. Written protests by the owners of a majority of the land which would be subject to special taxation within the proposed the CFD will require the suspension of proceedings for at least one year. Written protests must be filed with the City Clerk at or before the time fixed for the hearing.
5. The City Clerk is hereby directed to cause notice of the public hearing to be given in the form required by the Act, which requires publication in a newspaper of general circulation circulated within the CFD, which such publication shall be made pursuant to Section 6061 of the Government Code of the State of California. The publication shall be completed at least 7 days before the date of the public hearing referenced above. The notice shall be substantially in the form specified in Section 53346 of the Act and attached hereto, with the form summarizing the provisions hereof hereby specifically approved.
ITEM 13.5. ATTACHMENT 2
Resolution No. XX-2025 Page 3 of 3 PASSED AND ADOPTED by the City Council of the City of Rancho Cordova this 3rd day of February 2025, by the following vote:
AYES:
NOES:
ABSENT:
Siri Pulipati, Mayor
ATTEST:
________________________________
Stacy Leitner, CMC
City Clerk
ITEM 13.5.
ATTACHMENT 3
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ITEM 13.5.
ATTACHMENT 3
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ITEM 13.5.
ATTACHMENT 3
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ITEM 13.5.
ATTACHMENT 3
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 16.1.
DATE: February 3, 2025
TO: Honorable Mayor and Council Members
FROM: Darcy Goulart, Community Development Director
SUBJECT: PLANNING COMMISSION REGULAR MEMBERS NOMINATION AND
SELECTION
RECOMMENDATION
Receive a nomination from Council Members Little, Sander, Vice Mayor Gatewood, and Mayor Pulipati for the regular member Planning Commission vacancies and make a motion to approve the four (4) members.
RESULT OF RECOMMENDED ACTION
City Council nominate and vote on the four (4) Regular Member Planning Commission Members that would fill the seats that were vacated due to expired terms and the removal of a regular member. The terms for Vice Mayor Gatewood's nominee will coincide with his existing term and will expire in December 2026. The terms for the remaining three nominees will coincide with those Council Member terms and will expire in December 2028.
BACKGROUND
With the November 2024 General Municipal Election and terms of office, three of the five regular Planning Commissions Members terms expired in December 2024. An application period to fill the three vacant seats was opened on December 17, 2024. The term expiration date of these three vacant seats will be December 2028.
With the removal of a regular member at the January 6, 2025, City Council meeting, a special vacancy notice was posted following the requirements of Government Code Section 54974. The required posting of this notice extended the application period to January 22, 2025 to meet the requirements outlined in the referenced Government Code. The person selected to fill this regular member vacancy will have a term that expires in December 2026, which coincides with Vice Mayor Gatewood’s term.
APPLICATIONS
The City opened up the application process for 5 weeks and received a total of ten (10) applications for the four vacant positions. All applicants meet the minimum required qualifications, which are:
1. Must be 18 years of age.
City Council Staff Report - Page 2 of 2
2. Shall reside within the incorporated boundaries of the City of Rancho Cordova.
3. Shall not be an elected or appointed official of another public entity whose jurisdiction includes any part of the City.
Council Members Little, Sander, Vice Mayor Gatewood, and Mayor Pulipati will each make a nomination for a regular member to fill a vacant spot. Each nominee requires a majority vote by the Council. The regular member will follow the term of office of their nominating Council Member. Therefore, Vice Mayor Gatewood's nominee will have a term that expires in December 2026. The remaining three regular members will have a term that expires in December 2028.
The applications and resumes are included at Attachment 1. Staff has also included a map (Attachment 2) that depicts what neighborhood each current Planning Commissioner resides in and where the applicants reside. This is a reference provided during other nominations and selections and therefore, is being provided again.
Mayor Pulipati and Council Member Sander both indicated at the December 16, 2024, Regular City Council meeting that they intend to re-nominate their existing Planning Commissioner nominees. Both of the regular members, Lee Frechette and Surender Devarapalli, submitted applications as part of this open application process, signifying that they have an interest to remain on the Planning Commission.
SUMMARY
Staff is requesting that Council Members Little, Sander, Vice Mayor Gatewood, and Mayor Pulipati make individual nominations for the regular member Planning Commissioner and make a motion to approve the four (4) members.
FISCAL IMPACT AND FUNDING SOURCE
ATTACHMENT(S)
1. Planning Commission Applications
2. Planning Commission Applicants Map 2025
3. Presentation
From: City of Rancho Cordova
To: Planning Services
Subject: *NEW SUBMISSION* Planning Commission Application Date: Saturday, January 11, 2025 8:04:29 PM
You don't often get email from [email protected]. Learn why this is important Planning Commission Application
Submission #: 3721894
IP Address: 108.195.126.130
Submission Date: 01/11/2025 8:04
Survey Time: 34 minutes, 54 seconds
You have a new online form submission.
Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login.
Full Name
Brenda K. Keebaugh
Home Address
Email Address
Date of Birth
Home Phone
Cell Phone
Occupation
Retired
Do you reside within the incorporated boundaries of the City of Rancho Cordova? Yes
Are you currently serving as an elected or appointed official of another public entity whose jurisdiction includes any part of the city? If so, please state the entity and your role.
No
If selected, will you be able to attend evening meetings regularly and devote the time necessary to fulfill your duties as a member, including yearly training that may require travel? Yes
ITEM 16.1.
ATTACHMENT 1
The following questions will assist the City Council with evaluating your application and learning more about your interest in becoming a Planning Commissioner.
In several paragraphs, please describe why would you like to be a planning commissioner. Please be as detailed as possible.
Since retiring from State service, I have been searching for a way to make a positive difference in Rancho Cordova and leave a legacy for my granddaughters. As a Planning Commissioner I would have a hand in shaping Rancho Cordova by ensuring development aligns with the community's needs and visions.
In several paragraphs, describe your interest and involvement in your neighborhood and the community as a whole. Please be specific and include examples.
I am going on my sixth year living in Rancho Cordova. Recently I have been afforded free time to become involved in the community. On a citywide scale, I participated in the Rancho Cordova volunteer day last year by clearing waste from creeks. I intend to volunteer again this year and encourage more of my family to participate. On a smaller scale but just as meaningful impact, I participated through church during Christmas to give back to the needy.
Additionally, a member of our community experienced a number of medical emergencies over the past two years.
The community established a food train so we could provide her with meals while she recovered. It was amazing to be a small part in assisting a community member overcome obstacles and thrive.
In several paragraphs, what do you like best about being a resident of the City of Rancho Cordova? Please be specific and include examples.
I chose to live in Rancho Cordova for the family oriented amenities like Hagen Park and the fabulous park and recreation activities. Living in Rancho Cordova affords me easy access to the American River and Lake Natomas for kayaking. The Somerset community specifically is fun, friendly and extremely safe.
Attach a copy of your resume.
Education Resume BK.doc
I declare, under penalty of disqualification and termination, that all statements in this application are true and complete to the best of my knowledge.
Applicant's Signature
Brenda K. Keebaugh
Date
01/11/2025 12:00 AM
Thank you,
City of Rancho Cordova
This is an automated message generated by Granicus. Please do not reply directly to this email.
ITEM 16.1.
ATTACHMENT 1
ITEM 16.1.
ATTACHMENT 1
Brenda K Keebaugh
• Served as the Enterprise Architecture (EA) Project Architect assessing projects and proposals for EA compliance; participated in EA refresh and EA compliance processes • Member of the IT Strategic Plan refresh team
State of California, California Student Aid Commission (CSAC), Senior Programmer Analyst Specialist (Supervisor)
(May 2001 – Jun
2006)
Managed the application development and SB1644 Project for the Commission’s Grant Delivery System with over 1.2 million applicants and annual local assistance funding in excess of over $700 million.
• Obtained CMM Level 3 certification for the $10.9 million Entitlement Grant Program project that redesigned the Commission’s Grant Delivery System by instituting process improvements and standardizing repeatable project and development methodologies • Utilized a rolling wave planning methodology to successfully implement the Entitlement Grant Program timely, on budget, and with the required functionality • Established an effective systems development lifecycle (SDLC) including a robust release process successful in decreasing repeat defects
• Supervised a staff of eight for maintaining the current Grant Delivery System including the web applications for addressing defects, developing system enhancements and designing and implementing new web-based technologies. During the 2004, completed 19 projects and over 900 defects.
• To ensure the timely delivery of new products and services, simultaneously worked with multiple vendors to develop critical outsourced portions of projects • Analyzed, designed, and developed complex systems using Web application technology and PL-SQL
State of California, Franchise Tax Board,
Systems Software Specialist I/II (Technical)
(Dec 1996 – May
2001)
Member of a select team assigned to large complex engagements designing application architectures and improving business processes. Leveraged extensive experience in industries interviewing business and technical leaders to gather and clarify business requirements.
Chosen to lead educational seminars for clients
• Created and presented demonstration systems to executive management for education and action
• Analyzed, designed and developed complex systems using Web application technology and Object Oriented Project Management and Modeling Techniques • Mentored staff in web technologies
• Lead for Procurement Re-Design Project using Object Oriented Modeling and Design • Technical Lead for the Secure E-Mail Project – Digital Signatures and Encryption • Technical Consultant for major business systems performing research and evaluation of new technology
State of California
Associate Information Systems/Programmer Analyst Specialist (Nov 1990 – Dec
1996)
Senior analyst, specializing in mainframe tax related systems. Assigned to engagements based on demonstrated skills in business analysis and customer relationship management.
• Researched and analyzed new technology in light of business goals and objectives • Provided liaison services for business groups and technical architects to enhance communication
ITEM 16.1.
ATTACHMENT 1
Brenda K Keebaugh
Page | 3
• Analyzed complex applications using multiple languages and platforms to determine the affect of business process changes on the technical architecture • Constructed issue papers and presentations
• Provided technical training and mentoring
Cal Farm Life Insurance,
Associate Programmer/Systems Analyst Specialist
(Aug 1990 – Nov
1990)
• Conducted design sessions to create requirements and redesign business processes • Analyzed, designed, developed and maintained DB2 and COBOL sub systems
Electronic Data Systems Corporation (EDS),
Systems Engineer – Government Contracts
(Mar 1986 – Aug
1990)
• Worked on several rapid development projects in medicaid and student loan engagements
Education
University of California, Riverside, CA Bachelor of Science Administrative Studies, March 1986 ITIL Foundations – 2012
Certified Enterprise Architect with the Enterprise Architecture Center of Excellence 2010 Graduate of Information Technology Manager’s Academy XIII, June 2006 Graduate of EDS' Systems Engineering Development Program, June 1988
Additional Training and Coursework
Non-Technical:
Business Process Modeling, Ken Miller: Change Agent’s Guide to Radical Improvement, Project Management Professional (PMP)-PMBOK® Guide-Third Edition-aligned, Object Oriented Project Management, Effective Business Writing, Into to Leadership, Basic Leadership, Group Dynamics, INTERACT–Interpersonal Problem Solving, Basic Supervision, Effective Presentations, Collaboration, Van Write
Technical Courses:
Java, Client/Server, MS Visual Basic, C++, Sybase Adaptive Server Enterprise & SQL, MS Web Site Development, UNIX, ADABAS, Natural 2, Network Technologies, VIASOFT Existing Systems Workbench, LAN/Networking, DB2/SQL Application, Analysis, Design, and Programming Power Designer, XML, HTML, DHTML, ASP , Visual Basic, VBScript, Java Script, Java, SQL, C, COBOL, CICS, Natural 2, DB2, Assembler, PL1, Macromedia Flash, Photoshop, Rational Rose, PowerPoint, VISIO, and DOC-AID
ITEM 16.1.
ATTACHMENT 1
From: City of Rancho Cordova
To: Planning Services
Subject: *NEW SUBMISSION* Planning Commission Application Date: Wednesday, January 22, 2025 4:55:43 PM
Planning Commission Application
Submission #: 3746081
IP Address: 73.41.166.88
Submission Date: 01/22/2025 4:55
Survey Time: 23 minutes, 49 seconds
You have a new online form submission.
Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login.
Full Name
Duane J. Lindsay
Home Address
Email Address
Date of Birth
Home Phone
Cell Phone
Occupation
Executive Project Manager | UC Davis Student Housing and Dining Services Do you reside within the incorporated boundaries of the City of Rancho Cordova? Yes
Are you currently serving as an elected or appointed official of another public entity whose jurisdiction includes any part of the city? If so, please state the entity and your role.
N/A
If selected, will you be able to attend evening meetings regularly and devote the time necessary to fulfill your duties as a member, including yearly training that may require travel? Yes
The following questions will assist the City Council with evaluating your application and learning more about ITEM 16.1.
ATTACHMENT 1
your interest in becoming a Planning Commissioner.
In several paragraphs, please describe why would you like to be a planning commissioner. Please be as detailed as possible.
Being a planning commissioner is an opportunity to shape the future of a community, ensuring its growth is both sustainable and reflective of the needs and values of its residents. I would like to serve in this role because I am deeply passionate about fostering vibrant, inclusive, and well-designed communities. The prospect of contributing to a city's long-term vision and making informed decisions about land use, development, and infrastructure is both exciting and meaningful to me. First and foremost, I value the balance between economic growth and environmental sustainability. A planning commissioner has the unique ability to guide development in a way that promotes economic opportunity while preserving natural resources. I am committed to supporting projects that not only attract businesses and create jobs but also protect green spaces, improve air and water quality, and encourage environmentally responsible practices. Serving in this capacity would allow me to advocate for policies and plans that ensure our community thrives for generations to come. I am also deeply committed to inclusivity and equity in urban planning. A well-planned community should serve everyone, regardless of their socioeconomic background. I would prioritize affordable housing initiatives, accessible transportation systems, and public amenities that address the needs of all residents. My goal would be to ensure that the voices of underrepresented groups are heard and that the benefits of development are shared equitably.
In several paragraphs, describe your interest and involvement in your neighborhood and the community as a whole. Please be specific and include examples.
Since moving to Rancho Cordova at the tail end of 2020, our focus has been getting through the pandemic, setting our roots in our first home, and starting our family (we had our first child in 2023), so I have yet to get involved in the community outside of attending social events and supporting local business/economy. But part of my interest in this opportunity is to start getting involved in the community and giving back. One reason I am drawn to this role is my interest in fostering smart growth and innovation. I believe in the importance of thoughtful urban design, mixed- use developments, and the integration of technology to improve the quality of life. Whether it’s enhancing walkability, supporting public transit, or encouraging sustainable building practices, I am eager to help implement forward-thinking solutions that make our community more livable and resilient. Additionally, I bring a strong sense of responsibility and a willingness to collaborate with others. As a planning commissioner, I would work closely with fellow commissioners, city staff, developers, and community members to achieve shared goals. I am prepared to engage in thorough research, listen to diverse perspectives, and make decisions based on both data and community input. I believe effective planning is a team effort, and I am ready to contribute my time, energy, and analytical skills to this important work. In summary, I am drawn to the role of planning commissioner because it aligns with my passion for sustainability, inclusivity, innovation, and community engagement. I am eager to contribute my skills, values, and dedication to shaping a community that meets the needs of today while preparing for the challenges and opportunities of tomorrow.
In several paragraphs, what do you like best about being a resident of the City of Rancho Cordova? Please be specific and include examples.
Possibility and well, maybe the Barrel District (ha)! In all seriousness, Rancho is a young city that has so much potential. From business amenities, location in the larger region and proximity to recreation and outdoor space, Rancho Cordova has a lot of possibility for anyone, including a newer family like ours. As a newer city, I am inspired by the idea of leaving a positive legacy. Communities evolve over decades, and the decisions made today have lasting impacts. By serving as a planning commissioner, I hope to help create a city that future generations will be proud to call home—a place where people can live, work, and play in harmony with their environment and each other.
Attach a copy of your resume.
Resume_DuaneJLindsay_2025.pdf
I declare, under penalty of disqualification and termination, that all statements in this application are true and complete to the best of my knowledge.
ITEM 16.1.
ATTACHMENT 1
Applicant's Signature
Duane J. Lindsay
Date
01/22/2025 12:00 AM
Thank you,
City of Rancho Cordova
This is an automated message generated by Granicus. Please do not reply directly to this email.
ITEM 16.1.
ATTACHMENT 1
ITEM 16.1.
ATTACHMENT 1
2 Pro-Act In Service; Professional Assault
Crisis Training
-January 2014
UC Davis LGBTQIA Foundations of
Allyship
-August 2016
CliftonStrengths
*Strengths Assessment and
Individual professional development
-2009 and 2016+
Diversity Awareness Workshop
UC Davis
-January 2017
UndocuAlly Educator Training
UC Davis
-August 2018
Lean Six Sigma Yellow Belt Graduate
UC Davis
-August 2019
Preparing for Supervision
Certificate Series
UC Davis
-2021
Student Affairs Small Mentor Program
Mentor: Vice Chancellor for
Student Affairs, Dr. Pablo G. Reguerín
-2021
partnership through the Residential Hall Advisory Team (RHAT).
SORORITY AND FRATERNITY LIFE ADVISOR
Student Housing and Dining Services, UC Davis
December 2015 – June 2017
STUDENT DEVELOPMENT ASSISTANT
Student Housing and Dining Services, UC Davis
October 2015 – May 2017
ADAPTIVE SKILLS TRAINER
Passage Department; Southside Art Center
January 2014 – October 2015
EDUCATION
MASTER OF SCIENCE IN ADMINISTRATION | 2023
California State University, Bakersfield
SOCIAL & BEHAVIORAL SCIENCES B.A | 2013/2021
California State University, Monterey Bay - Bachelor’s Degree Relevant coursework includes a focus on the social, historical, and political factors that drive individuals, as well as environmental policy. *Returned to complete degree in fall 2021.
CERTIFICATE OF COMPLETION | 2012
Panetta Institute of Public Policy
Emphasizing a concentration in public policy and the civic involvement of individuals and the government at large. Specialized program for CSU student body presidents.
CERTIFICATE OF GRADUATION | 2009
The Leadershape Institute
A community-centric program focused on the desire for participants to engage collectively and lead with integrity.
ITEM 16.1.
ATTACHMENT 1
3 VOLUNTEER EXPERIENCE & LEADERSHIP
Association of College and University Housing Officers – International (ACUHO-I) | Business Operations Conference Conference Chair | November 2022 – November 2023
Conference Chair-Elect | February 2022 – November 2022
Connections/Engagement Chair | February 2021-October 2021
Council on Student Affairs and Fees | UC Davis
Staff M
ember Representative (1/2)
September 2021 – May 2023
A Chancellor’s Administrative Advisory Committee
University of California, Davis
Western Association of College and University Housing Officers (WACUH
O)
Host Committee/Volunteers Chair
2019 and 2017 Conferences
Environmental Affairs/Sustainability Officer
July 2012 - June 2013
California State Student Association
California State University System
President and CEO
April 2012 - May 2013
Associated Students
California State University, Monterey Bay
*Additional years of experience in student government
(2008-2013)
Kappa Sigma Fraternity
Memb
er, Various Leadership Positions
Spring 2009 - present
California State University, Monterey Bay
*Additional student leadership experiences available upon request including but not limited to Orientation Leader, Residential Housing Association, etc. *Additional volunteer experience &
leadership available upon request.
ITEM 16.1.
ATTACHMENT 1
From: City of Rancho Cordova
To: Planning Services
Subject: *NEW SUBMISSION* Planning Commission Application Date: Monday, January 13, 2025 3:35:22 PM
Planning Commission Application
Submission #: 3726310
IP Address: 76.158.179.111
Submission Date: 01/13/2025 3:35
Survey Time: 3 minutes, 35 seconds
You have a new online form submission.
Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login.
Full Name
Elliott R. Stevenson, Esq.
Home Address
Email Address
Date of Birth
Home Phone
Cell Phone
Occupation
Attorney
Do you reside within the incorporated boundaries of the City of Rancho Cordova? Yes
Are you currently serving as an elected or appointed official of another public entity whose jurisdiction includes any part of the city? If so, please state the entity and your role.
N/A
If selected, will you be able to attend evening meetings regularly and devote the time necessary to fulfill your duties as a member, including yearly training that may require travel? Yes
The following questions will assist the City Council with evaluating your application and learning more about ITEM 16.1.
ATTACHMENT 1
your interest in becoming a Planning Commissioner.
In several paragraphs, please describe why would you like to be a planning commissioner. Please be as detailed as possible.
As a resident of Rancho Cordova with deep ties to the community, I am passionate about fostering its growth and ensuring its long-term success. My desire to serve as a planning commissioner stems from a commitment to building a thriving city that balances development, sustainability, and inclusivity. I have a strong appreciation for the unique character of our city and understand the importance of thoughtful planning in shaping its future. Through this position, I aim to leverage my professional expertise, community involvement, and vision to contribute meaningfully to Rancho Cordova's development. As a licensed attorney and real estate professional, I bring a unique perspective to city planning. My legal background has equipped me with a thorough understanding of land use, zoning laws, and regulatory frameworks, while my experience as a realtor has provided firsthand insight into the needs of residents and businesses. This combination of skills allows me to approach planning decisions with a balanced perspective, considering legal, economic, and community impacts. I am particularly motivated to advocate for responsible development that provides affordable housing, promotes economic growth, and preserves the city's natural and cultural heritage. Serving as a planning commissioner is an opportunity to give back to to the city that has shaped my life. I envision Rancho Cordova as a place where innovation meets tradition, where diverse communities thrive, and where future generations are proud to call home. By applying my skills, experience, and dedication to this role, I hope to play a pivotal part in shaping a vibrant and inclusive future for our city.
In several paragraphs, describe your interest and involvement in your neighborhood and the community as a whole. Please be specific and include examples.
My interest and involvement in my neighborhood and the Rancho Cordova community are deeply rooted in my personal history and professional pursuits. Having grown up in a family with ties to the area since the 1960s, I have always felt a strong connection to the city and its residents. As the co-founder of 'I Love Rancho Cordova,' a nonprofit organization, I have worked to uplift our community through programs that celebrate local achievements and provide support to residents. One notable initiative is our partnership with Williamson Elementary School where we are providing the 5th grade class with branded hoodies to instill pride and community spirit. These efforts reflect my belief in the power of community-driven initiatives to inspire positive change. In addition to my nonprofit work, I have worked as a volunteer flag football coach and a basketball coach for the Cordova Recreation and Park District. This role has allowed me to mentor young athletes, teach teamwork, and contribute to the personal growth of local youth. My involvement in youth sports highlights my commitment to creating opportunities for children to build confidence and develop valuable life skills. Through these activities, I have gained a deep understanding of the challenges and aspirations of Rancho Cordova’s residents. My involvement has reinforced my dedication to addressing the community's needs, from creating recreational opportunities to supporting economic growth. I am passionate about continuing this work to make Rancho Cordova a city where everyone feels valued and empowered.
In several paragraphs, what do you like best about being a resident of the City of Rancho Cordova? Please be specific and include examples.
What I like best about being a resident of Rancho Cordova is the sense of community and connection that defines our city. Rancho Cordova is not just a place to live; it’s a place where people care about one another and actively contribute to a shared vision of growth and prosperity. From its rich history as a military town to its vibrant, diverse neighborhoods today, our city embodies resilience, pride, and opportunity. One of the things I appreciate most is how Rancho Cordova strikes a perfect balance between progress and preserving its small-town charm. As a community deeply rooted in family and tradition, the city offers events and activities that bring neighbors together.
For example, the Fourth of July celebrations and community gatherings at Hagan Community Park exemplify the city’s dedication to creating spaces where residents can connect and celebrate together. These events are a testament to the city’s commitment to fostering a strong sense of belonging. I am also inspired by the diversity and inclusivity of Rancho Cordova. Our city is a vibrant mosaic of cultures, backgrounds, and perspectives, which is evident in everything from the local businesses that reflect our community's rich heritage to the programs and initiatives that embrace all residents. Being part of such a dynamic and welcoming community makes Rancho ITEM 16.1.
ATTACHMENT 1
Cordova a truly special place to call home. Ultimately, what I like best about Rancho Cordova is its people—the neighbors, friends, and community leaders who work together to build a brighter future. Whether it’s supporting a local nonprofit, attending a city event, or simply connecting with neighbors, Rancho Cordova offers a sense of belonging and pride that is unmatched. This city isn’t just where I live; it’s where I find inspiration and purpose every day.
Attach a copy of your resume.
Resume_Legal.pdf
I declare, under penalty of disqualification and termination, that all statements in this application are true and complete to the best of my knowledge.
Applicant's Signature
Elliott R. Stevenson, Esq.
Date
01/13/2025 12:00 AM
Thank you,
City of Rancho Cordova
This is an automated message generated by Granicus. Please do not reply directly to this email.
ITEM 16.1.
ATTACHMENT 1
Elliott Stevenson, Esq.
LICENSURE
State Bar of California — Member number: 333387, admitted to practice January 17, 2021 California Department of Real Estate — License number: 01994725, licensed since January 13, 2016
EDUCATION
Lincoln Law School, Sacramento, California
J.D. — May 2016
California State University, Sacramento, Sacramento, California B.A. — Organizational Communication, May 2007
EXPERIENCE
Skyline Law Office, APC Rancho Cordova, California Solo Practitioner 2021 - Present
• Spearheaded case management processes to ensure comprehensive service delivery and support to clients, enhancing client satisfaction and case outcomes.
• Conducted detailed client consultations to accurately assess their legal needs and provide strategic, personalized guidance that empowers clients to make informed decisions. • Performed in-depth legal research to develop robust case strategies, ensuring well-informed legal arguments and maximizing case success rates.
• Negotiated and drafted contracts, skillfully securing advantageous terms and effectively mitigating potential risks to safeguard client interests.
• Employed advanced mediation techniques to resolve disputes efficiently, promoting amicable solutions and maintaining positive relationships among involved parties. • Vigorously represented clients in court, meticulously preparing and presenting persuasive arguments and evidence that advocate for client interests and achieve favorable judicial outcomes.
California State Guard Rancho Cordova, California 1st Lieutenant Judge Advocate 2021 - Present
• Conducted thorough legal research to support robust case preparation, ensuring full compliance with applicable military and civilian laws.
• Analyzed and evaluated military justice cases, providing well-informed recommendations that adhere strictly to established military regulations and protocols. • Led client consultations to collect essential information, crafting tailored legal strategies to address specific challenges and achieve favorable outcomes.
• Assessed and interpreted regulatory requirements to provide clear, actionable guidance to military personnel, enhancing understanding and compliance across the board. • Collaborated with military and legal personnel to streamline processes and improve the efficacy of legal operations within the State Guard.
• Formulated and executed comprehensive financial strategies that aligned with organizational objectives; enhanced fiscal growth by integrating legal considerations, minimizing exposure, and capitalizing on legal opportunities.
ITEM 16.1.
ATTACHMENT 1
Imperium Real Estate Sacramento, California
Real Estate Agent 2016 - Present
• Conducted comprehensive market analysis to inform strategic decisions, significantly enhancing the competitive positioning of the portfolio.
• Developed and maintained strong client relationships by delivering effective communication and customized services, consistently exceeding client expectations. • Performed accurate property valuations to determine optimal pricing strategies and maximize investment potential for clients.
• Expertly negotiated favorable terms and conditions in real estate transactions, ensuring maximum value and client satisfaction in each deal.
• Meticulously managed contract processes to ensure strict compliance and risk mitigation, safeguarding client interests throughout the transaction lifecycle.
• Orchestrated and coordinated open house events, strategically showcasing properties to maximize visibility and attract qualified prospective buyers.
California Department of Transportation Sacramento, California Analyst 2007 - 2016
• Analyzed complex datasets to extract actionable insights, significantly informing and enhancing strategic decision-making processes.
• Developed models of traffic patterns to optimize flow and enhance safety within urban infrastructures, leading to marked improvements in traffic management and pedestrian safety. • Created detailed reports that effectively summarized research findings and strategic recommendations, facilitating informed decision-making among stakeholders. • Conducted thorough evaluations of project outcomes to assess effectiveness and identify opportunities for continuous improvement, driving future project enhancements. • Ensured strict regulatory compliance by designing and overseeing the implementation of processes in line with industry standards, maintaining high levels of operational integrity and safety.
ITEM 16.1.
ATTACHMENT 1
From: City of Rancho Cordova
To: Planning Services
Subject: *NEW SUBMISSION* Planning Commission Application Date: Wednesday, January 22, 2025 3:46:19 PM
Planning Commission Application
Submission #: 3745908
IP Address: 98.242.44.80
Submission Date: 01/22/2025 3:46
Survey Time: 9 minutes, 54 seconds
You have a new online form submission.
Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login.
Full Name
Eunie L. Linden
Home Address
Email Address
Date of Birth
Home Phone
Cell Phone
Occupation
Attorney
Do you reside within the incorporated boundaries of the City of Rancho Cordova? Yes
Are you currently serving as an elected or appointed official of another public entity whose jurisdiction includes any part of the city? If so, please state the entity and your role.
While I do not believe there is any overlap with the City’s jurisdiction, I do serve as a public board member of the California State Board of Optometry.
If selected, will you be able to attend evening meetings regularly and devote the time necessary to fulfill your duties as a member, including yearly training that may require travel? I look forward to the ability to participate as a member and to not only regularly attend meetings, but to show up fully informed and ready to contribute.
ITEM 16.1.
ATTACHMENT 1
The following questions will assist the City Council with evaluating your application and learning more about your interest in becoming a Planning Commissioner.
In several paragraphs, please describe why would you like to be a planning commissioner. Please be as detailed as possible.
As a 15-year resident who is raising a family and has a policy background, I want to serve on the Commission to promote development that aligns with what residents seek and that is fiscally and environmentally sustainable. As the City seeks to update its last General Plan, I also believe it's an opportune time to be involved. I believe we all want the same things from our City: safety (e.g., by reducing areas for criminal activity or ensuring pedestrian and bicyclist safety); amenities and vibrant commercial centers (to build community, make life easier for residents, and keep dollars inside our City); a business-friendly environment (to support economic growth that benefits us all); and lastly, civic pride. As a Commissioner, I would ensure development aligns with our General Plan, but also promotes shared interests and is forward-looking. While I paused my career to focus on my family, my perspective as an attorney with a public policy background would allow me to contribute to the Commission's work. I have taken graduate-level courses on land use and planning, where I learned about the planning process, zoning laws, and how state and local law interact when it comes to development, particularly in environmental and housing issues. These experiences, and past work experience focused primarily on research and analysis, help me overcome the learning curve and make decisions objectively. Lastly, as a State Board member, I know the importance of showing up fully prepared so that discussions and meetings are constructive and do not unnecessarily stall action. I also believe that the best outcome is one that has full support and is grounded in common understanding. To achieve such results, I would support an environment that guarantees all member and stakeholder voices are heard and would relish the opportunity to search for creative solutions that could bind such decisions.
In several paragraphs, describe your interest and involvement in your neighborhood and the community as a whole. Please be specific and include examples.
At the City level, I have previously served as a member of the Community Enhancement Fund Oversight Board. In addition, I am a member of the Parent Faculty Organization at Robert J. McGarvey Elementary School, where I volunteer at school events. On a broader level, I previously volunteered with Legal Services of Northern California, which provides free legal services to low-income individuals within the Sacramento area, where I assisted clients with housing or health-related issues, such as being wrongfully evicted or not getting the health care they need from their health care providers. Currently, I am volunteering with Public Advocates, a nonprofit law firm and policy organization that seeks to, among other things, ensure all students have access to a quality education. Additionally, as a public member of the State’s Board of Optometry, I focus on its primary mandate, which is protecting consumers, which drives all of my actions and decision-making. While not all of these experiences are at the local level, I hope they convey how much I value being able to serve the public interest and believe in the importance of being involved in our smaller and larger communities and the ability to make a positive difference around us.
In several paragraphs, what do you like best about being a resident of the City of Rancho Cordova? Please be specific and include examples.
I have lived in Rancho Cordova for the last 15 years, and my husband has lived here all his life, attending Rancho Cordova’s public schools and graduating from Cordova High. His business is also here in the City. We are also surrounded by friends, family, family of friends, and friends of family, who all live within a few miles of each other in the City. All this is to say that my favorite part about being a resident of the City of Rancho Cordova is the way that this community is strong and so closely tied together, and always brings people back. Activities that foster this community include things like attending the annual Fourth of July Parade and celebrations in Hagan Park, enjoying the summertime concerts Village Green Park, riding on the American River Bike Trail, or signing up my children for the abundant programming available through the Parks and Recreation department. All of these touchpoints with the City and what it offers all contribute to the sense of community I feel within the City. As someone who lives in Anatolia, and has seen this part of the City grow over the years, in addition to other economic corridors and city centers throughout, I look forward to the opportunity to contribute to the sense of community and growth through smart, sustainable,forward-thinking planning and development.
ITEM 16.1.
ATTACHMENT 1
Attach a copy of your resume.
Eunie_Linden_Resume_1_25.docx
I declare, under penalty of disqualification and termination, that all statements in this application are true and complete to the best of my knowledge.
Applicant's Signature
Eunie L. Linden
Date
01/22/2025 12:00 AM
Thank you,
City of Rancho Cordova
This is an automated message generated by Granicus. Please do not reply directly to this email.
ITEM 16.1.
ATTACHMENT 1
ITEM 16.1.
ATTACHMENT 1
From: City of Rancho Cordova
To: Planning Services
Subject: *NEW SUBMISSION* Planning Commission Application Date: Monday, January 13, 2025 10:03:55 AM
Planning Commission Application
Submission #: 3724637
IP Address: 50.73.51.25
Submission Date: 01/13/2025 10:03
Survey Time: 18 minutes, 52 seconds
You have a new online form submission.
Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login.
Full Name
Joseph David. Crosariol
Home Address
Email Address
Date of Birth
Home Phone
Cell Phone
Occupation
Project Land Surveyor
Do you reside within the incorporated boundaries of the City of Rancho Cordova? Yes
Are you currently serving as an elected or appointed official of another public entity whose jurisdiction includes any part of the city? If so, please state the entity and your role.
No
If selected, will you be able to attend evening meetings regularly and devote the time necessary to fulfill your duties as a member, including yearly training that may require travel? Absolutely
The following questions will assist the City Council with evaluating your application and learning more about ITEM 16.1.
ATTACHMENT 1
your interest in becoming a Planning Commissioner.
In several paragraphs, please describe why would you like to be a planning commissioner. Please be as detailed as possible.
I am excited about the opportunity to serve as a planning commissioner for our All-American city, a place I’ve worked for 20 years and have called home for nearly 10. Over this time, I’ve developed a deep appreciation for the community and its values, and I see this role as a chance to help shape its future in a way that balances growth with preservation. I’m eager to contribute to decisions about land use, zoning, and urban design—choices that directly impact the quality of life for residents and ensure the city remains vibrant, sustainable, and welcoming. What excites me most is the opportunity to work collaboratively with local officials, business leaders, and fellow residents.
I believe in the power of thoughtful planning and value diverse perspectives in finding solutions that benefit the entire community. I’m confident that my ability to listen, mediate, and engage with others will be an asset to the planning commission as we work together to guide the city’s development. Having lived here for almost a decade, I have a strong connection to the city and a genuine interest in ensuring its continued success. I’m motivated by the chance to help create a future that reflects the city’s unique character while also meeting the needs of a growing population. I’m excited to bring my passion and dedication to this role and to contribute to a city that will continue to be a great place to live for generations to come.
In several paragraphs, describe your interest and involvement in your neighborhood and the community as a whole. Please be specific and include examples.
I have always been deeply involved in my neighborhood and the broader community, especially as a parent. My children and I regularly attend local events that bring our community together and help us stay connected to the city's culture and traditions. For example, we never miss the Kids Day at the Park, a fun event that allows families to gather and enjoy the outdoors while participating in games and activities. We also love attending the annual iFest, where we get to celebrate our city's diversity and enjoy the performances, food, and entertainment it offers.
Additionally, we have made it a tradition to participate in the Memorial Day observance and the 4th of July celebrations every year for the past nine years. We have also had the pleasure of participating in the 4th of July parade multiple times, a cherished tradition that allows us to celebrate our community and show our pride. These events are important to us, not only because they are fun, but because they allow us to honor our community's history and foster a sense of belonging. Beyond attending events, my children and I regularly utilize the parks and outdoor spaces in the area. Hagen Park is one of our favorite spots, offering a beautiful setting where we can relax, play, and enjoy nature. We also love the American River Parkway, which provides countless opportunities for outdoor recreation, from biking and walking to picnicking and birdwatching. These spaces have become integral to our family’s routine, and we are grateful for the city's commitment to maintaining them. Our connection to these places has only deepened my appreciation for the community and the role it plays in enhancing our quality of life.
Being involved in these activities has also given me a sense of responsibility to help ensure our neighborhood and community continue to thrive. I believe it’s important to be active in maintaining and improving the services, spaces, and events that make our city such a great place to live. My family’ In several paragraphs, what do you like best about being a resident of the City of Rancho Cordova? Please be specific and include examples.
What I like best about being a resident of Rancho Cordova is the diversity and kindness of the people. It’s a welcoming community where you feel connected, whether through local events or everyday interactions. I’ve met people from various backgrounds, and the spirit of inclusivity and support makes living here feel special. One of the standout features of Rancho Cordova is the quality of its public spaces, particularly the American River and its adjoining Parkway. As someone who loves spending time outdoors, I consider the Parkway a true gem. It offers a serene and scenic setting that’s perfect for activities like hiking, biking, or simply enjoying nature—a peaceful escape from the hustle and bustle of city life. The city’s commitment to maintaining these natural spaces makes it an ideal place to live, stay active, and reconnect with the outdoors. I also appreciate the variety of businesses and restaurants in the city. From casual dining to more upscale options, there’s something for every occasion. The convenience of having so many local businesses and eateries close by adds to the city’s charm and makes it easy to enjoy life here. The KP International Market is a true landmark and a reflection of our city’s rich diversity. It offers a ITEM 16.1.
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unique blend of cultural experiences, providing residents and visitors with access to a wide variety of goods and foods from around the world. This market not only highlights the diverse backgrounds of our community but also creates an inviting space for people to explore new flavors and traditions, further strengthening the city’s sense of inclusivity and multiculturalism.
Attach a copy of your resume.
Joseph Crosariol - Resume.pdf
I declare, under penalty of disqualification and termination, that all statements in this application are true and complete to the best of my knowledge.
Applicant's Signature
Joseph David. Crosariol
Date
01/13/2025 12:00 AM
Thank you,
City of Rancho Cordova
This is an automated message generated by Granicus. Please do not reply directly to this email.
ITEM 16.1.
ATTACHMENT 1
Joseph D. Crosariol
Professional Summary:
I am an expert draftsman with a high knowledge of AutoCAD Civil 3D. I am an experienced Project Surveyor with extensive business acumen and over 20 years of professional experience in the industry. I have a proven track record and retain the ability to produce finished products with minimal guidance.
Professional experience:
CTA Engineering & Surveying 2016 - Present
Project Land Surveyor
Assist Licensed Surveyors in the preparation and production of the services outlined in each projects scope of work.
Interpret Civil, Architectural, Structural, Electrical, and Plumbing plans + identify discrepancies. Calculate and coordinate necessary information for field crews relating to construction staking, boundary mapping, and project control; including point maps, exhibits and staking reports. Process field data relating to both conventional surveying and GNSS, i.e., construction staking, asbuilt surveys, topographic surveys, aerial surveys, boundary surveys, ALTA surveys, quantity surveys, well surveys, and etc. (some experience in working with point clouds)
CTA Engineering & Surveying 2011 - 2016
Field Surveyor/Office Surveyor
Party Chief
Chainman
Interim Survey Manager
Construction staking calculations
Boundary Mapping
Topographic Mapping
Cooper Thorne and Associates 2005 - 2011
Civil Engineering
Civil Design & Drafting of large-scale subdivisions and medium scale commercial sites All types of design and drafting relating to land planning and tentative mapping Drafting Manager
Quality Control
ITEM 16.1.
ATTACHMENT 1
Automotive Service Industry 1998-2005
Automotive Service Technician
Thompsons Toyota of Placerville (Service Technician)
Mazda of Folsom (Service Technician)
Jiffy lube (Service Technician - multiple locations)
Computer Skills
AutoCad Civil 3D
Trimble Business Center
Microsoft Office
Adobe Acrobat Pro
Corpscon
Google Earth
OPUS
Strengths
Land Planning
Topographic Mapping
Terrain Modeling
Quantity Calculations
Survey Control Processing
Construction Staking Calculations
AsBuilts
Subdivision/Boundary Mapping
GNSS Data Processing
Improvement Plans
Plan Checking
Exhibit Creation
Communication Skills
Coordinating with Clients
Project types
Subdivisions
High-rises
Large and small scale commercial
Bridges & overpasses
Schools
Parks
Sports Complexes
Landfills
Miscellaneous Public Works projects
Mass Rough Grading Design and Construction staking
ITEM 16.1.
ATTACHMENT 1
From: City of Rancho Cordova
To: Planning Services
Subject: *NEW SUBMISSION* Planning Commission Application Date: Wednesday, January 22, 2025 12:20:10 PM
Planning Commission Application
Submission #: 3745208
IP Address: 162.210.105.196
Submission Date: 01/22/2025 12:20
Survey Time: 56 minutes, 23 seconds
You have a new online form submission.
Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login.
Full Name
Lee M. Frechette
Home Address
Email Address
Date of Birth
Home Phone
Cell Phone
Occupation
Engineer
Do you reside within the incorporated boundaries of the City of Rancho Cordova? Yes
Are you currently serving as an elected or appointed official of another public entity whose jurisdiction includes any part of the city? If so, please state the entity and your role.
No
If selected, will you be able to attend evening meetings regularly and devote the time necessary to fulfill your duties as a member, including yearly training that may require travel? Yes, I will be available for all meetings
The following questions will assist the City Council with evaluating your application and learning more about ITEM 16.1.
ATTACHMENT 1
your interest in becoming a Planning Commissioner.
In several paragraphs, please describe why would you like to be a planning commissioner. Please be as detailed as possible.
I have a steadfast dedication to the community and believe that by serving on the planning commission I can contribute in a positive way that will improve the quality of life for everyone in Rancho Cordova. My own experience has taught me that one person can make a big difference. In addition to my engineering background, I bring a unique set of experiences that provide insight into the decision-making the city planning commission must face. My work background is broad, including a 20-year career as a nuclear engineer, working on a wide range of projects across the United States. That was followed by 10 years of experience as vice president and general manager for a Bay Area development company and I was part of the development and planning team for CRPD at the dawn of the city In Rancho Cordova, my planning experience contributed to the City’s Master Plan for parks and recreation. I have also had experience in negotiating development agreements, worked with tax engineers to develop revenue and budget plans sustainability. I have certifications in public facility maintenance management and planning. I have real world experience in both the public and private sectors. I am proud of the record of community service I have built here in Rancho Cordova. I have been where the rubber meets the road in ways that have helped shape Rancho Cordova into the dynamic forward thinking community it is today. I engineered the first ever carnival visit to Hagan Park, helped bring about the solutions to provide leading fireworks shows on the Fourth of July and solved the technical issues to installing a Christmas tree for all the community to enjoy at Village Green. These hands-on contributions to my city are now community fixtures and civic assets and are testaments not only to my devotion but to my understanding of our community. I look forward to bringing a deep understanding of the community and commitment to Rancho Cordova, to service on the planning commission.
In several paragraphs, describe your interest and involvement in your neighborhood and the community as a whole. Please be specific and include examples.
I am proud of my Rancho Cordova service record and can honestly say it has been an important part of my life. Here are some high points: · Board member for the Cordova Community Council. One of my board assignments includes “Event Engineer” and I am counted upon to resolve logistical challenges and provide solutions that contribute to the success of the Cordova Community Council. Most recently I have worked on Volunteer Awards, Summer Movies and Concerts, the Haunted House, the Christmas Tree Lighting and the Christmas Drive Through Light Show. I serve as board chair for Heartstoppers Haunted House and as chairman of the Rancho Cordova Fourth of July Celebration.
My design for the Cordova Community Christmas Tree is a proud achievement. The Cordova Community Council and other community organizations have put my engineering background to good use for more than two decade. · Team member of the 2010 and 2019 All America City team. In those efforts I was a member of the presentation team and was responsible for the logistics of all the presentation materials. · Past President, Sacramento Valley Live Steamers Railroad · Past member, Rancho Cordova Rotary Club · Early pioneer of the California Capital Airshow, including two years as revenue manager. In recent years, I have been a volunteer with the show serving as support to the performing pilots. · Served as a member of the team writing the American River Parkway update, representing the Cordova Recreation and Park District. · Graduate of Leadership Rancho Cordova. My design for the class project, a complete update to the Welcome to Rancho Cordova signs, stands today at the gateways to our city.
My record is a testament to my involvement and dedication to the community; I stand by it and am willingly measured by it. It demonstrates a love of community that will always put the community first.
In several paragraphs, what do you like best about being a resident of the City of Rancho Cordova? Please be specific and include examples.
Rancho Cordova is a city of great challenges as well as boundless opportunity. That is one of the things I appreciate most about my city. The challenges we face bring out the best in my neighbors and me. They help bring us together, give us purpose and give us a sense of great pride in our community as we overcome them. As I look around my community I see endless opportunities and that inspires me. This may be the single biggest thing that contributed to my love of Rancho Cordova. I first became involved in Rancho Cordova through the live steamers Railroad in Hagan Park. As I interacted with many community members at the park, I became enthused by the can-do attitude everybody had during the drive towards cityhood. As a result, I became involved in the community council. As my ITEM 16.1.
ATTACHMENT 1
involvement grew, I was introduced to more and more facets of the community and gained greater and greater appreciation for what a wonderful place Rancho Cordova truly is. What makes Rancho Cordova such a wonderful place is its citizens. Everywhere you look in this community you can find people who are going out of their way to do something extra to contribute to the community. From our many service clubs and organizations to our youth sports programs and mentoring groups at our schools, our senior organizations and even our music organizations, everywhere you look in Rancho Cordova you can find opportunity and inspiration. This is what I like best about Rancho Cordova.
Attach a copy of your resume.
Lee Frechette Resume.pdf
I declare, under penalty of disqualification and termination, that all statements in this application are true and complete to the best of my knowledge.
Applicant's Signature
Lee M. Frechette
Date
01/22/2025 12:00 AM
Thank you,
City of Rancho Cordova
This is an automated message generated by Granicus. Please do not reply directly to this email.
ITEM 16.1.
ATTACHMENT 1
ITEM 16.1.
ATTACHMENT 1
ITEM 16.1.
ATTACHMENT 1
From: City of Rancho Cordova
To: Planning Services
Subject: *NEW SUBMISSION* Planning Commission Application Date: Thursday, January 16, 2025 1:56:41 PM
Planning Commission Application
Submission #: 3734217
IP Address: 192.234.214.110
Submission Date: 01/16/2025 1:56
Survey Time: 14 minutes, 47 seconds
You have a new online form submission.
Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login.
Full Name
Mitchell J. Mattos
Home Address
Email Address
Date of Birth
Home Phone
Cell Phone
Occupation
Legislative Director, California State Assembly
Do you reside within the incorporated boundaries of the City of Rancho Cordova? Yes
Are you currently serving as an elected or appointed official of another public entity whose jurisdiction includes any part of the city? If so, please state the entity and your role.
N/A
If selected, will you be able to attend evening meetings regularly and devote the time necessary to fulfill your duties as a member, including yearly training that may require travel? Yes
The following questions will assist the City Council with evaluating your application and learning more about ITEM 16.1.
ATTACHMENT 1
your interest in becoming a Planning Commissioner.
In several paragraphs, please describe why would you like to be a planning commissioner. Please be as detailed as possible.
I am deeply interested in becoming a Planning Commissioner for the City of Rancho Cordova because I am passionate about contributing to the thoughtful growth and development of my community. As someone who cares deeply about the future of our city, I want to be part of the decision-making process that shapes its landscape and ensures that it remains a thriving, sustainable, and vibrant place for all residents. My interest in urban planning and community development is driven by the belief that well-planned cities not only improve the quality of life for residents but also create lasting opportunities for future generations. Rancho Cordova is a city at an exciting point in its growth, with the opportunity to balance development with environmental sustainability, economic vitality, and community well-being. I see this as a pivotal moment where I can use my skills, knowledge, and passion to help guide the city’s future. Becoming a Planning Commissioner would allow me to play an integral role in shaping development policies and land-use decisions that support the diverse needs of the community. I believe that planning decisions should reflect a commitment to creating inclusive spaces, ensuring affordable housing, promoting local businesses, and protecting natural resources. One of the primary reasons I am interested in this position is my desire to contribute to the betterment of Rancho Cordova. I am deeply invested in the community and believe that good planning is a tool for enhancing the quality of life for all its residents. As a Planning Commissioner, I would have the opportunity to review proposed projects, assess their impact on the city, and work collaboratively with fellow commissioners, city staff, and the public to make informed, balanced decisions. I want to ensure that development in Rancho Cordova not only meets the needs of today but also preserves the city’s character and charm for future generations.
In several paragraphs, describe your interest and involvement in your neighborhood and the community as a whole. Please be specific and include examples.
While I have just moved to Rancho Cordova this past year, I have always had a strong connection to my neighborhood and the broader community, and I am deeply committed to contributing in meaningful ways. Over the years, I have been actively involved in several local initiatives that aim to improve the quality of life for residents and create a sense of belonging for all. One example of this is my participation in neighborhood clean-up efforts, where I have worked alongside fellow residents to maintain and beautify shared spaces. These efforts, while simple, foster a greater sense of pride in our surroundings and strengthen the bonds between neighbors. In addition to these volunteer efforts, I also make an effort to stay informed about local governance and city planning. I regularly attend city council meetings and community forums to stay engaged with the decision-making processes that shape our neighborhood. By doing so, I can better understand the challenges facing our community and advocate for changes that will improve our collective well-being. My goal is always to represent the interests of those around me, and I believe that being an active participant in these meetings allows me to bring back valuable information and ideas to share with my neighbors. Overall, my involvement in my neighborhood and community is motivated by a desire to create positive change, foster connections, and make Rancho Cordova a better place for everyone.
Whether through volunteering, organizing events, or participating in local government, I strive to contribute in ways that will have a lasting, meaningful impact. I am dedicated to supporting my community and working alongside others to ensure it continues to grow and thrive.
In several paragraphs, what do you like best about being a resident of the City of Rancho Cordova? Please be specific and include examples.
One of the aspects I appreciate most about being a resident of the City of Rancho Cordova is its strong sense of community and neighborly spirit. Despite being a growing city, Rancho Cordova has managed to maintain a close- knit atmosphere where residents genuinely care about one another. This is reflected in the numerous community events held throughout the year, such as the annual Rancho Cordova Fourth of July Celebration, farmers' markets, and local charity drives. These events foster a sense of belonging and offer a great opportunity to connect with fellow residents, meet new people, and build lasting relationships. Whether it’s attending a community event or simply interacting with neighbors in the park, there’s an undeniable warmth and friendliness that makes Rancho Cordova feel like home. Another feature I love about living in Rancho Cordova is the city’s dedication to providing ITEM 16.1.
ATTACHMENT 1
accessible and well-maintained parks and recreational areas. For example, the Cordova Community Pool and Hagan Community Park are fantastic spaces where families can spend quality time together. These parks offer not only recreational opportunities but also a chance for residents to connect with nature in an urban setting. As a resident, I appreciate that Rancho Cordova invests in its green spaces, offering a balance between urban living and outdoor activities. Whether it's enjoying a weekend picnic, walking the trails, or attending a local sports league game, these spaces contribute to a vibrant, active lifestyle. What stands out to me, though, is Rancho Cordova's continued growth and forward-thinking development. The city is home to a variety of businesses, from locally-owned shops to large employers, creating a thriving economic environment. This growth provides residents with opportunities for work, entertainment, and dining, making it an exciting place to live.
Attach a copy of your resume.
Mitchell Mattos Resume.pdf
I declare, under penalty of disqualification and termination, that all statements in this application are true and complete to the best of my knowledge.
Applicant's Signature
Mitchell J. Mattos
Date
01/16/2025 12:00 AM
Thank you,
City of Rancho Cordova
This is an automated message generated by Granicus. Please do not reply directly to this email.
ITEM 16.1.
ATTACHMENT 1
MITCHELL MATTOS
Legislative Aide
CONTACT
PROFESSIONAL SUMMARY
Results-oriented professional with a background in governmental, legislative, and advocacy experience. Effective communicator with demonstrated ability to build coalitions, shape policy initiatives, and strategically achieve organizational goals and objectives. Strong pragmatic and organized skill set. Exceptional interpersonal and relationship-building skills within varying work environments.
EDUCATION
BA in Political Science
Sacramento State University
Spring 2022
EXPERIENCE
Legislative Assistant
California State Assemblymember Mike Gipson | January 2022 – Present Provide strategic counsel to the Assemblymember across multiple standing committees, including Revenue and Taxation, Transportation, Insurance, and the Select Committee on Gasoline Supply and Pricing.
Contribute to the development of policy initiatives in diverse areas such as Housing and Community Development, Local Government, Communications and Conveyance, Natural Resources, Transportation, and Utilities and Energy. Supervise, train, and mentor Legislative interns, overseeing their professional development and daily responsibilities.
Serve as Chief Consultant for the Select Committee on Ports and Goods Movement, coordinating policy analysis and legislative strategies. Review and analyze proposed legislation, providing the Assemblymember with detailed assessments of potential opposition and legislative impact. Prepare comprehensive briefings, including talking points, background materials, and fact sheets to support legislative efforts.
Democratic Caucus Consultant
California State Assemblymember Mike Gipson | January 2023 - June 2023 Coordinated events and receptions for Democratic Caucus members, fostering communication and collaboration among colleagues.
Facilitated the dissemination of Caucus priorities, ensuring all Democratic members were well-informed about legislative initiatives and key issues.
Field Representative Intern
Roseville City Council District 4 | August 2019 - March 2020
● Assisted constituents by participating in community engagement initiatives aimed at improving the quality of life in the district.
● Attended City Council and School Board meetings, representing the office and gathering pertinent information for the Councilmember.
● Supported office operations through administrative duties, including reviewing and organizing constituent casework, preparing certificates and recognition statements, and managing the Councilmember’s schedule.
KNOWLEDGE
Member Portfolio
Legislative Council
LCMS
Google Drive
Microsoft Office
SKILLS
Analytical Thinker
Attentive to Detail
Collaborator
Communicator
Thorough Researcher
Meticulous Writer
Problem Solver
ITEM 16.1.
ATTACHMENT 1
From: City of Rancho Cordova
To: Planning Services
Subject: *NEW SUBMISSION* Planning Commission Application Date: Wednesday, January 22, 2025 11:49:16 AM
Planning Commission Application
Submission #: 3745085
IP Address: 98.208.76.221
Submission Date: 01/22/2025 11:49
Survey Time: 24 minutes, 38 seconds
You have a new online form submission.
Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login.
Full Name
Rehana S. Rehman
Home Address
Email Address
Date of Birth
Home Phone
Cell Phone
Occupation
Executive Communications Manager
Do you reside within the incorporated boundaries of the City of Rancho Cordova? Yes
Are you currently serving as an elected or appointed official of another public entity whose jurisdiction includes any part of the city? If so, please state the entity and your role.
No
If selected, will you be able to attend evening meetings regularly and devote the time necessary to fulfill your duties as a member, including yearly training that may require travel? Absolutely. I am fully committed to attending evening meetings, required training, and the Cal Cities Planning Academy in May to fulfill my duties as Planning Commissioner with dedication and purpose.
ITEM 16.1.
ATTACHMENT 1
The following questions will assist the City Council with evaluating your application and learning more about your interest in becoming a Planning Commissioner.
In several paragraphs, please describe why would you like to be a planning commissioner. Please be as detailed as possible.
Serving as a Planning Commissioner is an incredible opportunity to contribute to the strategic growth and development of Rancho Cordova—a city I am proud to call home. I bring extensive expertise in strategic planning, organizational leadership, and collaboration, honed through my professional career at Cisco. At Cisco, I managed business operations for an engineering division, requiring me to adapt quickly and navigate complex challenges outside my initial expertise. This experience taught me the value of adaptability, critical thinking, and problem- solving. I led strategic initiatives, streamlined processes, and engaged diverse stakeholders to deliver thoughtful, data-driven solutions aligned with organizational goals. These skills—strategic planning, synthesizing complex information, and fostering collaboration—will enable me to excel as a Planning Commissioner and make decisions that reflect Rancho Cordova’s best interests. Beyond my professional background, I am deeply passionate about serving the Rancho Cordova community and making a positive, lasting impact. As our city experiences rapid growth, I believe it is essential to approach development thoughtfully, ensuring it meets residents’ needs while preserving the unique diversity and spirit that make Rancho Cordova so special. This role represents an opportunity to contribute meaningfully to the city’s future by prioritizing equity, sustainability, and community well-being. I am eager to work alongside fellow commissioners to address challenges and seize opportunities that benefit both current residents and future generations. Rancho Cordova is where I’ve chosen to build my life, and I am committed to helping this city thrive for years to come.
In several paragraphs, describe your interest and involvement in your neighborhood and the community as a whole. Please be specific and include examples.
Community involvement has always been a priority for me, and I am passionate about making meaningful contributions to the spaces where I live, work, and raise my family. As Vice President of the Parent Faculty Organization and Vice President of the School Site Council, I actively collaborate with parents, teachers, and administrators to improve school safety and climate. These roles have given me insight into the importance of strategic decision-making and the value of fostering strong partnerships to create better outcomes for our schools and families. Additionally, as the Community Relations Board Member for the San Juan Soccer Club, I am committed to supporting youth development and building connections through sports. I look forward to expanding these efforts by creating stronger collaborations with the City of Rancho Cordova and the Chamber of Commerce to enhance opportunities for engagement across our community. As a former school board candidate, I gained invaluable experience in engaging with diverse stakeholders, building strong networks, and advocating for thoughtful, data-driven decision-making. These skills, combined with my ability to critically analyze complex issues, will enable me to contribute meaningfully to the Planning Commission by fostering collaboration and ensuring that decisions are both strategic and community-focused. Beyond these roles, I am an advocate for small businesses and regularly attend city events that celebrate Rancho Cordova’s diverse and dynamic spirit. Whether it’s volunteering at school functions, supporting local initiatives, or connecting with residents, I aim to be an active and engaged contributor to the community’s growth and success.
In several paragraphs, what do you like best about being a resident of the City of Rancho Cordova? Please be specific and include examples.
My family chose Rancho Cordova as our home because it offered a unique combination of opportunity, diversity, and community spirit. Out of all the places we considered, Rancho Cordova stood out as a place where we could truly build our roots. From its welcoming neighborhoods to its thriving elementary schools and recreational activities, this city has become the heart of our family’s life. I love that Rancho Cordova is a city where growth and innovation are balanced with a deep respect for its residents and their needs. Our parks, local events, and community programs are just a few examples of how this city fosters connection and inclusion. It’s a place where families thrive, small businesses grow, and neighbors come together to create something greater than the sum of its parts. Serving as a Planning Commissioner would give me the chance to give back to this incredible city by contributing to its continued success. I want to be a part of shaping a Rancho Cordova that remains welcoming, ITEM 16.1.
ATTACHMENT 1
diverse, and full of opportunities for generations to come. By working collaboratively and bringing my unique skills and passion to this role, I hope to make a meaningful impact that benefits everyone who calls this city home.
Attach a copy of your resume.
Rehana_Rehman .pdf
I declare, under penalty of disqualification and termination, that all statements in this application are true and complete to the best of my knowledge.
Applicant's Signature
Rehana S. Rehman
Date
01/22/2025 12:00 AM
Thank you,
City of Rancho Cordova
This is an automated message generated by Granicus. Please do not reply directly to this email.
ITEM 16.1.
ATTACHMENT 1
Rehana Rehman
Creative change agent and savvy communications manager with extensive experience in crafting and delivering comprehensive Marketing, Brand, and PR campaigns to market. Applauded for identifying and implementing the newest tools, trends, and best practices, collaborating with influencers in the Social Media space to drive brand awareness, and working closely with C-level executives to expand their digital presence. Recognized for leadership, resourcefulness, and innovation while consistently delivering award-winning campaigns and events.
PROFESSIONAL EXPERIENCE
Cisco Systems via TekSystems
Executive Communications Manager January 2025 - present • Driving impactful communication strategies across executive messaging, social media, public relations, and organizational storytelling to elevate the voice of the Collaboration business. • Partnering with cross-functional teams to craft compelling campaigns that deliver high-quality content for both internal and external audiences, supporting key leadership narratives • Specializing in executive communications by designing impactful speeches, creating social media strategies, and developing PowerPoint presentations that resonate on a global scale • Leveraging storytelling expertise and a deep understanding of organizational communications to enhance audience engagement and amplify business priorities for the SVP and Chief of Staff. • Developing innovative communication campaigns and collaborating with global teams to align and strengthen the Collaboration business's message worldwide
• Blending creativity, analytical thinking, and design expertise to create content that informs, inspires, and connects diverse audiences
• Enhancing global communication efforts through cross-cultural understanding, strategic insights, and a passion for storytelling in the technology sector
ChargePoint via Employnet
Events & Communications Manager November 2022 - May 2024 • Researched, designed, and assisted with the implementation of ChargePoint’s presence/booth at high-profile EV charging, fleet, multifamily, CRE, and fuel & convenience industry conferences and national trade shows • Worked cross-functionally to socialize communication plans with sales leadership/customer success teams and other stakeholders to align event strategy alongside the efficacy of business objectives for each vertical • Planned, executed, and managed onsite company-wide events like Sales Kick Off and All Hands to enhance overall employee experience and elevated levels of engagement while maintaining positive relationships with executive leadership • Cultivated relationships with legal, finance, and procurement partners to ensure compliant processing of vendor agreements, purchase orders, and payments
• Partnered closely with CRO and sales executives to discern organizational goals and effectively share key messaging and communication strategies across multiple global teams • Developed and executed communication plans for campaigns, and events to inspire employee engagement, and highlight community impact through internal channels (Slack), tools (Asana), and platforms (Confluence) • Managed and facilitated the creation of engagement surveys and eNPS and provided insightful recommendations derived from the analysis of the results and feedback
Amperage Capital via EL PR/Harris Agency
Sr. Social Media Manager November 2022 - May 2023 • Built an external social media strategy for the CEO to create a thought leadership platform in the EV infrastructure and multifamily segment with a focus on addressing the growing gap in infrastructure investment • Launched Amperage Capital as a new company with close alignment with the PR team to amplify media coverage around the launch and helped drive PR efforts for B2B and Trade Media to increase visibility in the multifamily segment • Networked with industry professionals and e-mobility/EV charging influencers via social media channels to create a strong network and source speaking opportunities for partnerships/collaboration on interviews, podcasts, or media coverage • Led Amperage Capital’s social media strategy, planning, drafted copy, and highlighted multifamily housing storytelling with a laser focus on LinkedIn as the platform of choice ITEM 16.1.
ATTACHMENT 1
ChargePoint via Employnet
Corporate Communications and Social Media Manager November 2021 - July 2022 • Built out an external social media strategy for the C-level executives to create a positive persona and consistent cultural tonality in the clean energy space while extending their thought leadership platform on LinkedIn and Twitter • Led ChargePoint’s social media strategy, planning, storytelling, and execution of content for digital consumption while effectively managing social customer support issues that needed to be triaged for prioritization • Applied business knowledge, media relationships, public relations, and employee communications expertise to help design and draft content in support of executive strategic communication & PR plans, including briefing documents, talking points, internal town hall meetings, social media, visuals, and events. • Sourced content, crafted social media copy for the company's corporate accounts weekly, and managed the editorial calendar in Sprout Social, ensuring a balance across segments, announcements, content type, owned/earned media, trending topics, and key focus areas to drive results
• Coordinated, produced content, and executed monthly employee global town hall meetings both virtual and in-person with varying topics to inform employees on current business priorities and distribute key company news materials while working closely with IT and A V for a seamless 1.5-hour presentation • Served as an internal social champion and supported the company's employee advocacy social program, sourcing content, writing copy, and empowered employees to share using Bambu to strengthen company culture on social platforms • Planned and executed ChargePoint Media Day with C-level executives to reinforce ChargePoint’s corporate story, showcased impact across the EV ecosystem, and fostered new and existing media and analyst relations while educating attendees on the ChargePoint experience
Denise Young Smith (Former C-level Apple Executive)/Blue Organza Productions Media Operations Manager April 2017 - November 2021 • Led projects; developed and managed successful launches, events, and performances across US/Mexico • Assisted in the successful 2020 Grammy submission
• Created and executed PR communications to amplify and drive the digital diversity, equity, inclusion, and belonging work in collaboration with affiliated organizations and educational institutions like SF Jazz & Cornell Tech • Managed agency partners to oversee and deliver impactful content for web, social, and email marketing campaigns • Consulted and curated persona social branding/executive communications for digital consumption, maintained an authentic social presence, and developed consistent engagement strategies to work with other like-minded micro-influencers • Guided the creation of micro-content/assets such as social graphics, animated stories, and short-form video • Identified and drafted media engagement strategies to strengthen partnerships with creators, artists, and influencers in the art and tech space through compelling storytelling
• Tracked performance and identified trends for social media content: paid and organic campaigns, optimization opportunities, and maintained the overall health of the assigned social handles Cisco Systems
Business Operations Manager October 2015 - October 2018 • Created original copy and blog content, curated in support of our SVP’s social media presence with a focus on executive communications and provided updated strategy tactics to increase engagement and audience growth with authenticity • Managed engagement, curated social media posts, and schedules for various channels – both paid and organic - to drive traffic to our Data Center sites and ensure engagement with target audiences • Developed strategy and led implementation of internal and external communications initiatives that supported key Data Center marketing objectives
• Managed and tracked a 1.2M budget allocated towards internal and external Women in Engineering initiatives • Program management of diamond sponsorship of the Grace Hopper Conferences for 3 years with full execution of event management for 300+ Cisco employees. Managed a team of 15 employees to assist with event execution • Partnered closely with our SVP on overall communication strategy and provided resources in a monthly speaker series with our employee resource organization that focused on the underrepresentation of women in technical roles, and the importance of increasing diversity in tech
ITEM 16.1.
ATTACHMENT 1
Cisco Systems via Experis
Social Media Strategist April 2014 - September 2015 • Created original copy, curated, and loaded editorial calendar for @CiscoSocial Twitter handle via Sprinklr highlighting Social Media best practices and amplifying Cisco’s Social V oice • Strategized, measured, and analyzed metrics using Social Media listening tools to create customized reports for segmented audiences and communicate ROI to executive leadership
• Recruited, enrolled, and engaged Cisco employees to join the Internal Social Advocacy program (600+ members) to drive brand messaging through Social Media training and become Cisco brand ambassadors • Drafted weekly amplification emails for the Social Ambassador program with targeted copy/content to be shared by Social Ambassadors on their personal social media channels
• Led, produced content, and moderated monthly Twitter chats, contests, and challenges for Social Ambassadors • Tracked, measured, and reported performance metrics in quarterly review meetings with cross-functional partners
EDUCATION
Bachelor of Arts
University of California, Berkeley, CA, College of Letters and Sciences B.A. English Literature; Concentration: Creative Writing and Victorian Literature ITEM 16.1.
ATTACHMENT 1
From: City of Rancho Cordova
To: Planning Services
Subject: *NEW SUBMISSION* Planning Commission Application Date: Friday, January 3, 2025 10:49:39 AM
You don't often get email from [email protected]. Learn why this is important Planning Commission Application
Submission #: 3704214
IP Address: 98.192.165.44
Submission Date: 01/03/2025 10:49
Survey Time: 45 minutes, 39 seconds
You have a new online form submission.
Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login.
Full Name
Surender R. Devarapalli
Home Address
Email Address
Date of Birth
Home Phone
Cell Phone
Occupation
Computer Professional and system architect
Do you reside within the incorporated boundaries of the City of Rancho Cordova? Yes
Are you currently serving as an elected or appointed official of another public entity whose jurisdiction includes any part of the city? If so, please state the entity and your role.
No
If selected, will you be able to attend evening meetings regularly and devote the time necessary to fulfill your duties as a member, including yearly training that may require travel? Yes I will be available to attend meetings regularly
ITEM 16.1.
ATTACHMENT 1
The following questions will assist the City Council with evaluating your application and learning more about your interest in becoming a Planning Commissioner.
In several paragraphs, please describe why would you like to be a planning commissioner. Please be as detailed as possible.
As a candidate for the city planning commission, I believe that effective city planning is creating an inclusive, and resilient communities. By serving on the commission, I aim to have a voice in decision-making, ensuring that the needs and aspirations of our residents are represented in planning processes. I am particularly passionate about environmental and smart growth principles. I want to the policies for to promote sustainable land use, protect natural resources, and enhance public spaces. My goal is to contribute to a comprehensive plan that balances economic development with environmental sustainability, fostering a community where both current and future generations can thrive. Furthermore, I bring my engineering experience in evaluating proposals and making informed recommendations. I am eager to collaborate with fellow commissioners and city staff to navigate the complexities of zoning regulations and land use policies, ensuring they align with our community's vision. In summary, my desire to serve on the planning commission is driven by a commitment to public service, and a passion for sustainable urban development of our city.
In several paragraphs, describe your interest and involvement in your neighborhood and the community as a whole. Please be specific and include examples.
My interest in my neighborhood stems from a deep appreciation for the diverse of cultures, backgrounds, and experiences that define our community. I believe that a strong neighborhood is built on connections among residents, and I actively seek opportunities to foster these relationships. For instance, I participate in local events organized by the neighborhood association, such as block parties and seasonal festivals. These gatherings not only celebrate our community spirit but also provide a platform for residents to share their stories, talents, and traditions. I also believe in supporting local businesses as a way to strengthen our community’s economy. I regularly participate in "Shop Local" campaigns that encourage residents to patronize neighborhood shops and restaurants.
By promoting these businesses through social media and word-of-mouth, I help raise awareness about the unique offerings available right in our backyard. Overall, my involvement in my neighborhood reflects a commitment to building a cohesive community where everyone feels valued and connected.
In several paragraphs, what do you like best about being a resident of the City of Rancho Cordova? Please be specific and include examples.
Rancho Cordova is a vibrant city in California that offers a unique blend of community spirit, outdoor activities, and a rich cultural backdrop. As a resident, several aspects stand out as particularly appealing. One of the most notable features of Rancho Cordova is its strong sense of community. Community events, such as the annual Fourth of July parade and various festivals like the iFest International Festival, highlight the city’s commitment to celebrating its diverse population. These gatherings not only bring residents together but also showcase the rich tapestry of cultures represented in the city, making it an inclusive place to live. Rancho Cordova city's location along the American River provides residents with access to miles of scenic trails perfect for hiking, biking, and fishing. The proximity to nature encourages an active lifestyle and allows residents to engage with the outdoors regularly. The overall quality of life in Rancho Cordova is another significant advantage. The city boasts a low cost of living compared to many other Californian cities, making it an attractive option for families and individuals. In summary, being a resident of Rancho Cordova means enjoying a rich community life filled with diverse cultures, abundant outdoor activities, high-quality living standards, engaging cultural events, and a safe environment. These elements combine to create an enriching experience that makes Rancho Cordova a desirable place to call home.
Attach a copy of your resume.
Surender Resume.docx
I declare, under penalty of disqualification and termination, that all statements in this application are true and complete to the best of my knowledge.
Applicant's Signature
ITEM 16.1.
ATTACHMENT 1
Surender R. Devarapalli
Date
01/03/2025 12:00 AM
Thank you,
City of Rancho Cordova
This is an automated message generated by Granicus. Please do not reply directly to this email.
ITEM 16.1.
ATTACHMENT 1
Surender Devarapalli
SUMMARY:
With 22+ years of IT experience as an accomplished, proactive leader of cross-functional teams, known for implementing projects across a wide spectrum of business and client environments in Healthcare(1 4+), Telecommunications(5), and Customer Service Systems (6+). A problem solver, facilitator of industry-preferred project methodologies, and best practices from large scale critical mainframe environments to distributed client-server applications. Managed and implemented system changes by following the SDLC life cycles with Waterfall and Agile methodologies. Experienced in analyzing business processes and perform assessments in an effort to align information technology solutions with business initiatives. Experienced in high-level solutions for business applications, systems, portfolios, and an entire enterprise. Also experienced in gathering requirements for the defined policies through interacting with different state (government) agencies or stakeholders and developing process flows using some of the specialized tools like Rational DOORS, Clear Case, Clear Quest, Blue works, JIRA and Version one .
EDUCATION:
Bachelor of Engineering, Osmania University, Hyderabad, Telangana, India.
Post Graduate Diploma in Computer Applications, San Infonite Institute, Hyderabad, Telangana, India.
Certified Scrum Master, Scrum Alliance.
S
KILLS:
• PROJECT MANAGEMENT: Project Coordination, SDLC Process, Agile, SPARK-ITS, Quality Assurance, Release Management, Systems Integration, & Client Relations
• ENTERPRISE PROCESSES: Data Model Alignment, Business Use Case Development, Business Process Modelling & Narrative (BPM & BPMN), End-to-End process design, & Key Performance Indicators • PROGRAMMING LANGUAGES: XML/XSL, J2EE, Java, JSF, HTML, JavaScript, SUN ONE UDS (Forté), Visual Basic, VB Script, .NET, ASP, UML, SQL, PL/SQL, & Hibernate
• WEB TECHNOLOGIES: XML/XSL, J2EE, JSF, HTML, JavaScript, ASP, WebSphere, Apache Ant, Tomcat, & Shell Scripts • OS: DOS, Windows, Unix, Linux, SunOS, Solaris, TSO, ISPF, and MVS zO/S • DATABASES: Oracle, TOAD, Informix, MS SQL Server, MS Access, MySQL, & Relational Database Design • ENTERPRISE: SOA, ClearQuest, ClearCase, Crystal Reports, Business Objects, Business Intelligence Systems, Forté Fusion, Forté Conductor, & Rules Engines
• NETWORK & SECURITY: Active Directory, FTP, FTF, MQ Series, Self-signed certificates, Forté Load Balancer, Oracle Load Balancer, & BigIP Load Balancer
• BUSINESS SOFTWARE/TOOLS: Microsoft Office Suite, MS Project, Visio, Planview, TimeControl, Version One, Blueworks, Rational DOORS, MyEclipse, Interactive Voice Response, Hibernate, Apache & Tortoise Subversion, CVS, Dimension, Clear Case, ClearQuest, Rational Rose, SharePoint, Livelink, CloverETL, Adobe Suite, and Rational Performance Tester.
PROFESSIONAL EXPERIENCES:
DP Global Solutions LLC
Sr. Health Care Consultant, Sep 2019 – Present
Department of Health Care services.
Medi-Cal Rx, Sacramento, CA
DP Global solutions is a lead IT Consulting services offers full support to complete life cycle of IT projects like new business process automation approaches with latest technologies & tools in end to end IT Development process .
Department of Health Care Services (DHCS) transition all Medi-Cal pharmacy services from managed care (MC) to fee for service (FFS) by January 1, 2021. The Medi-Cal pharmacy benefits and services administered by DHCS in the FFS delivery system will be identified collectively as “Medi-Cal Rx”. Transitioning pharmacy services from MC to FFS will, among other things:
•Standardize the Medi-Cal pharmacy benefit statewide, under one delivery system. •Improve access to pharmacy services with a pharmacy network that includes approximately 97% of the state’s pharmacies. •Apply statewide utilization management protocols to all outpatient drugs. •Strengthen California’s ability to negotiate state supplemental drug rebates with drug manufacturers.
The follo
wing activities are some of my responsibilities as part of the project. • Drafting the RFP business and technical requirements for drug rebates features of the new product called Medi -Cal Rx according to the DHCS policies.
• Providing the training material for Medi-Cal Rx RFP response evaluators. • Identified the gaps in RFP response against the RFP requirements through developing the traceability matrix. • Perform research and provide appropriate responses to Magellan for the existing CA Drug Rebate policies. • Co-ordinate data mapping and data transfer of all drug rebate related data.
ITEM 16.1.
ATTACHMENT 1
• Developed existing drug rebate system interface diagrams and associated detailed descriptions • Provide details about existing drug rebate processes and policies to incorporate in requirement specification document by Magellan team.
• Working with the teams to get Drug Rebate system CMS certified • Involved in developing the extract to match with CMS directed format.
Sr. Systems Architect, Feb 2018 – Aug 2019
Conduent Technology Services - State Healthcare.
Medi-Cal, West Sacramento, CA
• Lead Business and System Analysts for N-2 and non-mainframe projects (10 plus millions projects) along with SME responsibilities for CA MMIS legacy applications.
• Provided guidance to gather requirements and policy clarifications by the project team about CA MMIS non- mainframe systems (MCWeb, TAR and Rebate systems) functionality.
• Provide high-level solutions for business applications, systems, and portfolios. • Involved in project and resource planning at an enterprise level. • Responsible in creating and updating Business Process Models, and Use cases. • Working with Conduent security team to resolve Systems Group (SG) security issues and audit findings. • Worked with infrastructure teams to upgrade servers and refresh OS to be compatible with CA MMIS N- 2 policy. • Modified and re-packaged the Edit Resolution Tool application for suspended claims processing team. • Aided the defect resolution and supported the Development and Quality Assurance teams with healthcare policy clarification and test scripts validation.
• Involved in projects like CMS guided HCPCS conversion from local codes. • Organize project meetings with the DHCS (and other key stakeholders) and communication to ensure adherence to the project’s governance process
• Skills used: MS Visio, SharePoint, Rational DOORS, MS TFS, Git, ClearQuest & ClearCase.
System Development Manager II, September 2014 – Feb 2018 Cognizant Technology Solutions - Healthcare.
Medi-Cal, West Sacramento, CA
• Lead a team of Business and System Analysts for very big and complex N-2 projects along with SME responsibilities. • Responsible in assigning tasks to the team members and monitoring their progress regularly. • Involved in project and resource planning.
• Coordinated with SCRUM Master, Product SME, the client (Xerox), and the client’s customer (Department of Health Care Services) Product Owner to construct the Scope Definition Document per each release. • Developed change request process for CA MMIS system replacement applications and responsible for assigning the appropriate releases for all the change requests.
• Lead the team to identify the system replacement impacts for the legacy CA MMIS changes. • Involved in writing Change Requests for the enhancement & modification gap requirements, Business Process Models, User Stories and Acceptance Criteria, and Use cases.
• Guided and helped the teams as SME (Subject Matter Expert) in Member Eligibility, Drug Rebate and Pharmacy and Medical services Prior Authorization functional areas.
• Directed and analyzed the results of the extracted requirements from Rational DOORS and prioritize each requirement for the each Sprint and Release in Agile process.
• Developed the BPM & BPMNs for TAR processing systems and Pharmacy systems • Determined the operational objectives by studying the business functions; MITA business processes, evaluating the output requirements and formats for Health Enterprise, SmartPA, and PBM/OS+ applications of the CA-MMIS System Replacement. • Aided the defect resolution and supported the Development and Quality Assurance teams with healthcare policy clarification and test scripts validation.
• Organize project meetings with th
e DHCS (and other key stakeholders) and communication to ensure adherence to the project’s governance process
• Skills used: Agile, SCRUM, Lean Six Sigma, MS Visio, Version One, Jira, Blueworks, SharePoint, Rational DOORS, ClearQuest & ClearCase.
Professional Systems Analyst/Lead Business Analyst/ Business Rules Manager, December 2010 - September 2014 Xerox State Healthcare LLC. CA.
ITEM 16.1.
ATTACHMENT 1
Project Medi-Cal, West Sacramento, CA.
• Utilized the Agile and SCRUM for the planning, scheduling, and execution of multiple teams of Business Analysts for Medi- Cal Business Processes (BPs) to implement the MITA architecture for the System Replacement of CA-MMIS. • Advised as the Subject Matter Expert (SME) for Prior Authorization and Formulary BPs during planning, scheduling, and directing the teams in revising requirements & writing business rules following SBVR, SMART, and WISE standards. • Lead the team to extract business rules from the policy documents or requirements and load them into DOORS repository. • Instituted and managed the Source Code Review Process to validate the extracted business rules against the source code for the Business Rule Extraction (BRE) team.
• Mentored team members about the CA-MMIS system, BRE Business Rules standards, and Xerox workplace expectations. • Facilitated Elicitation & Validation workshops with the DHCS and key stakeholders to develop and approved requirements and linked them to approved business rules in Rational DOORS. • Developed BPMs & BPMNs for member enrollment and eligibility processes using Blueworks. • Managed a cross-functional team to develop, design, and test the Edit Resolution Tool application for the processing of the daily and weekly suspended Medi-Cal claims.
• Worked as SME (Subject Matter Expert) in Member Eligibility and Prior Authorization functional areas • Skills used: Agile SCRUM, SPARK-ITS, Blueworks, Lean Six Sigma, MS Project, TimeControl, ClearCase, ClearQuest, Version One, Blueworks, SharePoint, Rational DOORS, SBVR, Adobe Suite, Visual Basic, VB Script, .NET, SQL, JCL, PROC, COBOL, CICS, TSO, ISPF, & Windows.
Services Information Developer III/ SURGE Team Leader, November 2004 - December 2010 Hewlett-Packard Enterprise Services (formerly EDS), March 2007 – December 2010 iTech US Inc., VT, November 2004 - February 2007
Project Medi-Cal, Rancho Cordova, CA
• Lead, analyzed, delivered, and supported the real time & batch operations of the Treatment Authorization Request (TAR) or Prior Authorization sub-system (consisting of 33 application servers, 2 reporting applications, 6 database servers, data mart, 17 various applications, and 5+ CICS Mainframe Regions) and the Formulary sub-system (consisting of 1 application & server, 3 database servers, and a CICS Mainframe Region) for about 800+ users in 8 physical offices out of 36 logical offices in the state of California, while managing stakeholder communication. • Skills used: Livelinks, Forté, Forté Load Balancer, J2EE (Struts, Jakarta, Spring, Ibatis, JUnit, Avalon, Hibernate, and MapQuest frameworks), HTML, JavaScript, Apache Subversion, Oracle, TOAD, Oracle Load Balancer, PL/SQL, SQL, BigIP Load Balancer, SDLC, Active Directory, MS Access, MS SQL Server, Informatica, Business Objects, Business Intelligence Systems, Adobe, SwiftView, Telnet, FTP, WebSphere, Apache, MQ Series, JCL, PROC, COBOL, CICS, TSO, CA-Endevor, CA-7, Mercury LoadRunner & WinRunner.
Senior Software Developer, September 2002 - November 2004 Goldstone Technologies, VA.
Project MCI WorldCom, Ashburn, VA
WorldC
om (formerly known as MCI WorldCom) was an American telecommunication corporation. WorldCom was the United States second largest long distance telephone company (after AT&T). • Oversaw the development team that designed, developed and implemented major enhancements for LCOM (Local Component Order Manager), which is an Order Processing system for WorldCom. It uses workflow engine to integrate various external applications.
• Developed a web service with SOAP based xml message interface for DSL order management and Unbundled Network Element provisioning.
• Skills used: Forté, Forté Load Balancer, Forté Conductor, Forté Fusion, J2EE (Struts, Spring, JUnit), HTML, XML, XSL, SOAP, JavaScript, Oracle, TOAD, Oracle Load Balancer, PL/SQL, SQL, Active Directory, MS Access, FTP, & WebSphere.
Software Engineer May 2000 - September 2002
HEED net LLC., LA.
Project Qwest (formerly U S West Communications), Denver, CO Qwest Communications International, Inc. was a large United States telecommunications carrier. Qwest provided local phone service (Wireline Services, Wireless Services), Internet backbone data services, and digital television in 14 western U.S. states . • Created Impacted Analysis documents, Use Cases, Class Diagrams, Sequence Diagrams and Technical Design document for each functional area in ROMS Plus and Consulting Plus (Forté TOOL distributed application) applications . • Designed, developed, tested and maintained ROMS Plus & Consulting Plus applications (both are internally distributed client server applications to 1800+ users, deployed in 6 regional call centers throughout the West) following UML and CMMI standards.
• Skills used: Forté, Forté Load Balancer, Tortoise Subversion, Oracle, TOAD, SQL, Telnet, ASP, HTML, SDLC, UML, Linux, ITEM 16.1.
ATTACHMENT 1
Windows, Rational Rose, Select OMT & Visio.
ITEM 16.1.
ATTACHMENT 1
From: City of Rancho Cordova
To: Planning Services
Subject: *NEW SUBMISSION* Planning Commission Application Date: Tuesday, January 21, 2025 5:10:29 PM
Planning Commission Application
Submission #: 3743430
IP Address: 208.79.244.64
Submission Date: 01/21/2025 5:10
Survey Time: 2 minutes, 51 seconds
You have a new online form submission.
Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login.
Full Name
Wendy Huynh
Home Address
Email Address
Date of Birth
Home Phone
Cell Phone
Occupation
Human Services Program Planner
Do you reside within the incorporated boundaries of the City of Rancho Cordova? Yes
Are you currently serving as an elected or appointed official of another public entity whose jurisdiction includes any part of the city? If so, please state the entity and your role.
No
If selected, will you be able to attend evening meetings regularly and devote the time necessary to fulfill your duties as a member, including yearly training that may require travel? Yes
The following questions will assist the City Council with evaluating your application and learning more about ITEM 16.1.
ATTACHMENT 1
your interest in becoming a Planning Commissioner.
In several paragraphs, please describe why would you like to be a planning commissioner. Please be as detailed as possible.
If given the opportunity, I think this role will play a crucial role in the growth and development of the city. As a planning commissioner, I would like to support the city’s vision in shaping the future of existing communities, as well as newly established communities. It is important that residents' quality of life are improved and/or enhanced with new projects and sustainable developments. In addition, I would advocate for improvements in projects that further promote quality of life and safety, whether it be parks, infrastructure, housing, walkability, safer neighborhoods, etc.
In several paragraphs, describe your interest and involvement in your neighborhood and the community as a whole. Please be specific and include examples.
As a family with young children, I think it is important to model civic engagement with my children and have a sense of community involvement. While this role requires a time commitment, it also creates the opportunity for family discourse. I am encouraged to have my children grow up with a sense of pride in their community and exposure to a diverse community that is welcoming and respectful to all. Not from afar, I appreciate the dynamic activities that the city has to offer at the library, breweries, the Mills Station Arts and Culture Center, and more.
In several paragraphs, what do you like best about being a resident of the City of Rancho Cordova? Please be specific and include examples.
My family and I are Rancho Cordova transplants from Los Angeles. I am grateful to be in a place in our lives where we have become homebuyers for the first time. While this is my first instance living in Northern California and living in Rancho Cordova for close to 3 years I appreciate all of what the city has to offer. As a resident of the Capital Village community, I enjoy the walkability to the stores, retailers, restaurants, and entertainment in the area.
Proximity to parks and green spaces is a notable benefit as it has been beneficial to us on beautiful sunny days for walks and bike rides. The city and our current location have enabled our family to truly thrive, and I am energized to become more active in our community.
Attach a copy of your resume.
Huynh,Wendy - Resume.pdf
I declare, under penalty of disqualification and termination, that all statements in this application are true and complete to the best of my knowledge.
Applicant's Signature
Wendy Huynh
Date
01/21/2025 12:00 AM
Thank you,
City of Rancho Cordova
This is an automated message generated by Granicus. Please do not reply directly to this email.
ITEM 16.1.
ATTACHMENT 1
Wendy Huynh
Data-driven, results-oriented professional with transferable skills in data analytics, data managem ent, human
services, and digital learning. Experience collaborating with service providers, governmental agencies, and diverse community groups.
I seek creative solutions for complex problems as an analytical and critical thinker. As a cross-team collaborator, I am a champion of fostering positive relationships with stakeholders in the public and private sectors.
Formally a participant in a learning cohort to strengthen the capacity of advancing racial equity to achieve equitable outcomes through changes in policy, practice, and procedures. Eager to use my experience and knowledge to contribute to community-driven solutions to strengthen social justice.
✔ Adobe Creative Cloud ✔ Graphic Design Tool
✔ Business Intelligence Software ✔ Microsoft Office Suite ✔ Database Management System ✔ Project Management, Process Refinement ✔ Esri ArcGIS Suite ✔ Ticketing Systems
Sacramento County
Human Services Program Planner July 2023–Present
● The assigned Project Manager to the Sacramento Health Connect (SHC) fuctions for the Social Health Information Exchange (SHIE) implemenation of program, compliance, and operations. ● Coordinates tasks and milestones across stakeholder buy-in and use case clarification, compliance issues, technical capacity, etc.
● Monitor, track, and report on the health of the project to leadership and stakeholders.
Sacramento Steps Forward (SSF)
Program Manager, HMIS April 2022–July 2023
● Ensured successful operations and implementations of the Sacramento & Yolo Continuum of Cares Homeless Management Information System (Sacramento & Yolo CoC HMIS). ● Served as the technical liaison between community partners and a database management system vendor. ● Developed and contributed to time-sensitive projects to encourage and promote the utility of HMIS.
Los Angeles Homeless Services Authority (LAHSA)
Supervisor, Data Systems October 2019–April 2022
● Ensured successful operations, implementations, and integrations of local use database systems in the Los Angeles Continuum of Care (LA CoC).
● Analyzed data, performed data validation, and packaged reports using data visualization tools for stakeholders and community partners.
Data Analyst July 2016–October 2019
ITEM 16.1.
ATTACHMENT 1
● Provided feedback to the leadership team concerning changes and/or modifications to enhance various database management systems in the Los Angeles Continuum of Care (LA CoC). ● Streamlined and created data maintenance procedures, facilitated data extractions, and integrated data across various platforms.
Trainer & Support Specialist July 2013–June 2016
● Coordinated and conducted live, in-person, online, or webinar trainings to end-users for a database management system, Homeless Management Information System (HMIS). ● Developed and designed instructional materials, and presentations; provided technical assistance to resolve data collection discrepancies, system functionality errors, and database navigation.
Am
eriCorps VISTA – Corporation for National and Community Service School on Wheels, Inc. – Educational Technology/Digital Learning Specialist April 2013–July 2013 ● Developed partnerships with organizations and companies to increase the use of technology for students experiencing homelessness by incorporating adaptive educational learning software and online tutoring. ● Researched and implemented adaptive educational learning programs to effectively measure students' and tutors' progress.
TSG
Solutions, Inc.
Survey Specialist & Department of Defense (DoD) Contractor March 2011–February 2013 ● Edited and processed digital maps using proprietary software, Tactical Survey System (TSS), and Visualization for Situational Awareness and Reality (ViSAR). ● Geo-referenced locations of GPS coordinates for various applications to create digital floor plans and customized HTML pages for a digital mapping system.
UCLA Departm
ent of Laboratory Animal Medicine (DLAM)
Procurement Specialist; Assistant Clerk III September 2008–July 2010 ● Worked closely with the Procurement Manager with the ordering, processing, and delivery of orders. ● Processed orders for personnel investigators and lab technicians using proprietary software, eSirius.
University of California, Los Angeles (UCLA)
GIS & Geospatial Technology Certificate 2016
Bachelor of Arts: Geography / Environmental Studies 2010 Minor: Asian American Studies
P
roject Management Institute (PMI)
Project Management Professional (PMP) In progress
ITEM 16.1.
ATTACHMENT 1
AEROJET
BUSINESS PARK
AEROJET
BUSINESS
PARK
SUNRISE/JACKSON
BROOKSIDE
CAPITAL VILLAGE
CORDOVA
GARDENS
CORDOVA
MEADOWS
CORDOVA
VINEYARDS
COUNTRYSIDE MATHER
BUSINESS
MILLS RANCH
PROSPECT
PARK
SOUTH
WHITE
ROCK
STONE
CREEK
SUNRISE
INDUSTRIAL
SUNRISE
INDUSTRIAL
SOUTH
SUNRIVER
WALNUT WOOD
WHITE ROCK
/ CORDOVA
TOWNE
KAVALA RANCH
RIO DEL ORO
SUNRIDGE
ANATOLIA
SUNRIDGE
PARK
SOMERSET RANCH
THE RANCH
SUNDRIDGE
EAST
SUNCREEK
THE PRESERVE
1 1
2 1
2 1
1 1
City of Rancho Cordova
Planning Commission Applicant Locations
Planning Commission Member Locations
City Boundary
(Number indicates number of applicants in neighborhood) (Number indicates number of members in neighborhood)
1 1
1 ITEM 16.1
ATTACHMENT 2
1 Planning Commission
Application and Selection
CityOfRanchoCordova.org
Darcy Goulart, Community Development Director
February 3, 2025
ITEM 16.1
ATTACHMENT 3
2 TONIGHT’S AGENDA
• Receive a brief report from staff
• Nominate and Select fo ur (4) regular members
ITEM 16.1
ATTACHMENT 3
3 VACANCIES AND TERMS
Four (4) regular member seats are vacant
• Vice Mayor Gatewood – T erm Expiration December 2026
• Council Member Little – T erm Expiration December 2028 • Mayor Pulipati – T erm Expiration December 2028
• Council Member Sander – T erm Expiration December 2028 ITEM 16.1
ATTACHMENT 3
4 SELECTION PROCESS
Regular Member (5 members)
• Each Council Member with a vacancy listed will nominate one (1) person, with second in mi
nd if duplicate names are nominated
All nominations require a majority vote by the Council.
ITEM 16.1
ATTACHMENT 3
5 ITEM 16.1
ATTACHMENT 3
6 FUTURE CODE CHANGES
Streamlined process for re-n ominations
o Incorporate language to permit re-elected Council Members to easily re- nominate existing Planning Commissioners with an expired term if desired. Staff will also review Chapter 2, Planning Commission for any additional c
lean up or clarification items that may be needed.
ITEM 16.1
ATTACHMENT 3
7 SUMMARY
• Receive a brief report
• Nominate and Select four (4) regular members
ITEM 16.1
ATTACHMENT 3
8 THANK YOU
Questions & Discussion
ITEM 16.1
ATTACHMENT 3
MEMORANDUM
City Council Staff Report - Page 1 of 3
ITEM 16.2.
DATE: February 3, 2025
TO: Honorable Mayor and Council Members
FROM: Michelle Mingay, Finance Manager
SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF SPECIAL TAX BONDS FOR AND ON BEHALF OF IMPROVEMENT AREA NO. 2 OF
THE CITY OF RANCHO CORDOVA THE RANCH COMMUNITY
FACILITIES DISTRICT NO. 2021-1, APPROVING AND DIRECTING
THE EXECUTION OF A FISCAL AGENT AGREEMENT, APPROVING
THE FORM OF PRELIMINARY OFFICIAL STATEMENT, APPROVING
SALE OF SUCH BONDS, AND APPROVING OTHER RELATED
DOCUMENTS AND ACTIONS
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the sale of Special Tax Bonds (the “Bonds”) for and on behalf of Improvement Area No. 2 of the Ranch Community Facilities District No. 2021-1 for the purpose of providing money for the acquisition and construction of improvements, and the payment of certain development impact fees related to the project, within the Community Facilities District.
BACKGROUND
The Ranch Community Facilities District No. 2021-1 (“CFD 2021-1”) or (the “District”) was formed in 2021 to assist in the financing of the acquisition and construction of certain public facilities and payment of certain fees within a portion of the Ranch project. Through various City Council actions, the City Council has declared the necessity to incur bonded indebtedness in a maximum principal amount not to exceed $86,470,000, set an annual appropriations limit of $20,350,000 for the territory within Improvement Area No. 1 and set an annual appropriations limit of $14,000,000 for the territory within Improvement Area No. 2.
Based on the current status of the property within the District, the appraisal estimates the value of the property within the District at approximately $53.7 million. This has created an opportunity for the District to issue special tax bonds. Based on the expected bond par amount, the property value compared to bonded debt lien would exceed the required 4:1 value to lien requirement, which is consistent with prior special tax bonds issued within the City.
The proposed financing-related resolution approves: (i) the sale of the Bonds in an amount not
City Council Staff Report - Page 2 of 3
to exceed $13 million; (ii) a Fiscal Agent Agreement; (iii) the Preliminary Official Statement; (iv) Bond Purchase Agreement, and authorizes related documents on behalf of the District. Descriptions of these documents are as follows:
• Fiscal Agent Agreement: The Fiscal Agent Agreement allows U.S. Bank to act on behalf of the City to provide for the issuance of the Bonds, the disbursement of proceeds of the Bonds, the disposition of the special taxes securing the Bonds, and the administration and payment of the Bonds.
• Bond Purchase Agreement: The Bond Purchase Agreement is a legally binding document between the issuer (City on behalf of the District) and an underwriter (Piper Sandler & Co.) establishing the terms of the Bond sale. After the issuer delivers the Bonds to the underwriter, and the underwriter pays the issuer for them, the underwriter will put the Bonds on the market at the price and yield established during the Bond pricing call, currently scheduled for the week of September 19th, and investors will purchase the Bonds from the underwriter.
• Preliminary Official Statement: The preliminary Official Statement is a document that serves as the prospectus for the Bonds. It is the disclosure document relied on by Bond investors that details the underlying security for the Bonds and all associated investment risks. The Official Statement is the offering document used by the underwriter to market the Bonds and indicated how investors in the Bonds will be repaid.
Assuming the City Council approves this financing, staff will work with the Bond finance team to determining the final Bond sizing, and the preliminary Official Statement will be finalized and posted electronically for investors to review. Assuming the market remains stable, the City; NHA Advisors, LLC, the City’s Municipal Advisor; and Piper Sandler & Co., the bond underwriter, will hold a pre-pricing call the week of February 10th to review bond market conditions and the preliminary interest rates, after which, the Bonds will be sold. An authorized officer will then execute, on behalf of the City, a Bond Purchase Agreement with Piper Sandler & Co., finalizing the bond interest rates and setting the delivery date, which is anticipated to occur the week of March 3rd.
FISCAL IMPACT AND FUNDING SOURCE
There is no fiscal impact. The Special Tax Bonds are secured solely by the Special Taxes levies within the District and are not a debt of the City’s General Fund. Costs of issuance are payable solely from Bond proceeds.
In accordance with Government Code 5852.1, the following information consists of estimates of certain costs and charges for the Bonds that have been provided by NHA Advisors, LLC, the City’s municipal advisor, which has been represented by such party to have been provided in good faith: (1) estimated true interest cost of the Bonds: 5.30%; (2) estimated finance charge of the Bonds (sum of all fees and charges paid to third parties): $568,640; (3) estimated amount of proceeds of the Bonds received by the City (net of finance charges, reserves and capitalized interest, if any): $8,916,211; and (4) estimated total payment amount (sum total of all payments to pay debt service on the Bonds plus the finance charge not paid with proceeds of the Bonds) calculated to the final maturity of the Bonds: $22,145,035.
ATTACHMENT(S)
1. Resolution
2. Fiscal Agent Agreement
3. Bond Purchase Agreement
City Council Staff Report - Page 3 of 3
4. Preliminary Official Statement
ITEM 16.2. ATTACHMENT 1
Resolution No. XX-2025 Page 1 of 5
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2025
A RESOLUTION AUTHORIZING THE ISSUANCE OF SPECIAL TAX BONDS FOR AND ON BEHALF OF IMPROVEMENT AREA NO. 2 OF THE CITY OF RANCHO CORDOVA THE RANCH COMMUNITY FACILITIES DISTRICT NO. 2021-1, APPROVING AND DIRECTING THE EXECUTION OF A FISCAL
AGENT AGREEMENT AND AN ACQUISITION AGREEMENT, APPROVING
THE FORM OF PRELIMINARY OFFICIAL STATEMENT, APPROVING SALE
OF SUCH BONDS, AND APPROVING OTHER RELATED DOCUMENTS AND
ACTIONS
WHEREAS, the City Council has conducted proceedings under and pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), to (i) establish the City of Rancho Cordova The Ranch Community Facilities District No. 2021-1 (the “CFD”), (ii) designate within the CFD, “Improvement Area No. 1 of the City of Rancho Cordova The Ranch Community Facilities District No. 2021-1” (“Improvement Area No. 2”), and (iii) establish a “City of Rancho Cordova The Ranch Community Facilities District No. 2021-1 (Future Annexation Area)” for the CFD (the “Future Annexation Area”); and
WHEREAS, under the Act, the City Council is authorized to issue bonded indebtedness secured by special taxes levied within the CFD and improvement areas therein for the purpose of providing moneys for the construction and acquisition of improvements, and the payment of certain fees, authorized for the CFD; and
WHEREAS, on December 6, 2021, the City Council, as legislative body of the CFD, established the bonded indebtedness limit for the CFD in the principal amount of not to exceed $86,470,000 (excluding bonds described in Section 53364.2(e) of the Act), initially allocated as follows: (i) for Improvement Area No. 1, $20,350,000 and (ii) for land within the Future Annexation Area, $66,120,000; and
WHEREAS, this Council authorized land to be annexed to the District from the Future Annexation Area by unanimous consent of the owner(s) of land proposed to be annexed, and pursuant to a Unanimous Consent, Waiver and Vote of Sole Landowner, dated April 2, 2024 land designated as Improvement Area No. 2 of the District (“Improvement Area No. 2”) was annexed to the District and bonded indebtedness for Improvement Area No. 2 was authorized in the amount not to exceed $14,000,000 (the “Authorization”); and WHEREAS, the City desires to issue the first series of special tax bonds for Improvement Area No. 2 pursuant to the Authorization; and WHEREAS, there has been submitted to the City Council a Fiscal Agent Agreement, between the City and U.S. Bank Trust Company, National Association, as fiscal agent (the “Fiscal Agent Agreement”), providing for the issuance of a first series of special tax bonds of the City for Improvement Area No. 2, designated as the “City of Rancho Cordova The Ranch Community Facilities District No. 2021-1 Improvement Area No. 2 Special Tax Bonds Series 2025” (the “Bonds”), and the City Council, with the aid of City staff, has reviewed the Fiscal Agent Agreement and found it to be in proper order for the purpose intended, and now desires to approve the Fiscal Agent Agreement and the issuance of the Bonds; and
ITEM 16.2. ATTACHMENT 1
Resolution No. XX-2025 Page 2 of 5
WHEREAS, the City proposes to sell the Bonds to Piper Sandler & Co., as underwriter (the “Underwriter”), pursuant to the terms of a Bond Purchase Agreement (the “Bond Purchase Agreement”) by and between the City and the Underwriter, and the Underwriter proposes to offer the Bonds to the investing public by means of a Preliminary Official Statement (the “Preliminary Official Statement”); and
WHEREAS, the information required to be obtained and disclosed with respect to the Bonds in accordance with Government Code Section 5852.1 is set forth in the staff report accompanying this Resolution; and
WHEREAS, all conditions, things and acts required to exist and to have been performed precedent to and with respect to the issuance of the Bonds and the levy of the special taxes securing the Bonds, as contemplated by this resolution and the Fiscal Agent Agreement, have happened and exist as required by the laws of the State of California, including the Act, and the actions to be performed in due time for the issuance of the Bonds conform in form and manner to the applicable laws of the State of California, including the Act.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA:
SECTION 1. Findings. This Council finds and determines that (i) it is prudent in the management and development of land in the City and the CFD to issue the Bonds to provide money for the construction and acquisition of improvements, and the payment of certain fees, authorized for the CFD, and (ii) the Bonds, the CFD and Improvement Area No. 2 of the CFD are substantially in compliance with the City’s Statement of Policies and Procedures for Special Assessment and Community Facilities District Debt Financing Programs, with any deviations hereby approved.
SECTION 2. Law Applicable. For the purposes of these proceedings in and for the CFD, the Act shall be the authority for the issuance of the Bonds.
SECTION 3. Bonds Authorized. Pursuant to the Act, this Resolution and the Fiscal Agent Agreement, the Bonds, in an aggregate principal amount not to exceed $13,000,000, are hereby authorized to be issued. The Bonds shall be executed in the form set forth in, and otherwise as provided in, the Fiscal Agent Agreement. The Bonds shall be dated and executed in the forms, be in the principal amounts, denominations, mature, be payable at the place and in the priorities and bear interest at the rates as set forth in and otherwise as provided in the Fiscal Agent Agreement.
The Bonds shall not be issued unless the value of the real property within Improvement Area No. 2 subject to the special tax to pay debt service on the Bonds, based on assessed values and/or an appraisal by an independent appraiser hired by the City for the purpose of determining such value, is at least four times the proposed principal amount of the Bonds proposed to be issued and secured by a special tax levied pursuant to the Act on property within Improvement Area No. 2.
SECTION 4. Fiscal Agent Agreement. The Fiscal Agent Agreement in substantially the form on file with the City Clerk is hereby approved. The City Manager, Deputy City Manager, Administrative Services Director or such other person or persons as any of them may designate (each an “Authorized Officer”) are hereby separately authorized and directed to execute and
ITEM 16.2. ATTACHMENT 1
Resolution No. XX-2025 Page 3 of 5
deliver the Fiscal Agent Agreement, with such additions thereto or changes therein as are approved by the Authorized Officer upon consultation with the City’s bond counsel, and including but not limited to such additions or changes as are necessary or advisable to permit the timely issuance, sale and delivery of the Bonds; provided, however, that no additions or changes shall authorize the issuance of an aggregate principal amount of Bonds which would cause bonds issued for Improvement Area No. 2 to be in excess of the Authorization.
The date, manner of payment, interest rate or rates, interest payment dates, denominations, form, registration privileges, manner of execution, place of payment, terms of redemption and other terms of the Bonds shall be as provided in the Fiscal Agent Agreement, as finally approved and executed by an Authorized Officer. The terms and provisions of the Fiscal Agent Agreement, as finally executed, are incorporated herein by reference as if fully set forth herein. The approval of such additions or changes shall be conclusively evidenced by the execution and delivery of the Fiscal Agent Agreement by an Authorized Officer.
SECTION 5. Bond Preparation and Delivery; Sale of the Bonds. The Bonds, when executed, shall be delivered to the fiscal agent for authentication. The fiscal agent is hereby requested and directed to authenticate the Bonds by executing the fiscal agent’s certificate of authentication and registration appearing thereon, and to deliver the Bonds, when duly executed and authenticated, to the Underwriter in accordance with written instructions executed on behalf of the City by the Mayor and/or an Authorized Officer, which instructions are hereby authorized, for and in the name and on behalf of the City, to be delivered.
SECTION 6. Covenant to Foreclose. The City hereby covenants, for the benefit of the owners of the Bonds, to commence and diligently pursue to completion any foreclosure action regarding delinquent installments of any amount levied as a special tax for the payment of debt service on the Bonds, said foreclosure action to be commenced and pursued as more completely set forth in the Fiscal Agent Agreement.
SECTION 7. Approval of Preliminary Official Statement. The City Council hereby approves the Preliminary Official Statement in substantially the form presented to the City Council at this meeting. The Authorized Officers are each hereby authorized and directed to execute a final Official Statement (the “Official Statement”), for and in the name and on behalf of the City, in such form, together with any additions thereto or changes therein deemed necessary or advisable by the Authorized Officer executing such document upon consultation with the City’s bond counsel. The City Council hereby authorizes and directs the Underwriter to distribute copies of the Preliminary Official Statement to persons who may be interested in the purchase of the Bonds and to deliver copies of the Official Statement to all actual purchasers of the Bonds. The City Council hereby authorizes the delivery of the Preliminary Official Statement and the Official Statement. The City Council hereby authorizes and directs an Authorized Officer, on behalf of the City, to deem “final,” pursuant to Rule 15c2-12 of the Securities Exchange Act of 1934, the Preliminary Official Statement prior to its distribution to prospective purchasers of the Bonds.
SECTION 8. Approval of Purchase Agreement. The City Council hereby approves the Bond Purchase Agreement; provided, however, that the aggregate principal amount of Bonds shall not exceed $13,000,000 or result in an Underwriter’s discount in excess of 1.30%, or a true interest cost in excess of 6.50%. Subject to the foregoing parameters, an Authorized Officer is hereby authorized and directed to execute the Bond Purchase Agreement in substantially the form on file with the City Clerk, together with such changes and additions thereto deemed advisable by the Authorized Officer executing the same. The City Council hereby finds and
ITEM 16.2. ATTACHMENT 1
Resolution No. XX-2025 Page 4 of 5
determines that the sale of the Bonds at negotiated sale as contemplated by the Bond Purchase Agreement will result in a lower overall cost.
SECTION 9. Actions Authorized. All actions heretofore taken by the officers, employees and agents of the City with respect to the establishment of the CFD and the designation of Improvement Area No. 2 therein, and the sale and issuance of the Bonds are hereby approved, confirmed and ratified, and the Authorized Officers are hereby authorized and directed to do any and all things and take any and all actions and execute any and all certificates, agreements and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and delivery of the Bonds in accordance with this Resolution, and any certificate, agreement, and other document described in the documents herein approved. All actions to be taken by an Authorized Officer as specified herein, may be taken by the Authorized Officer or any designee, with the same force and effect as if taken by such Authorized Officer.
SECTION 10. Effectiveness. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 3rd day of February 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Siri Pulipati, Mayor
ATTEST:
Stacy Leitner, CMC
City Clerk
Jones Hall Draft 1.8.25
FI
SCAL AGENT AGREEMENT
by and between
CITY OF RANCHO CORDOVA
and
U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION,
as Fiscal Agent
Dated as of ____________ 1, 2025
Relating to:
$______________
Improvement Area No. 2 of
City of Rancho Cordova
The Ranch Community Facilities District No. 2021-1
Special Tax Bonds Series 2025
ITEM 16.2.
ATTACHMENT 2
i
TABLE OF CONTENTS
ARTICLE I
STATUTORY AUTHORITY AND DEFINITIONS
Section 1.01. Authority for this Agreement ............................................................................................ 3 Section 1.02. Agreement for Benefit of Bondowners ............................................................................ 3 Section 1.03. Definitions ........................................................................................................................ 3
ARTICLE II
THE BONDS
Section 2.01. Principal Amount; Designation ...................................................................................... 11 Section 2.02. Terms of 2025 Bonds .................................................................................................... 11 Section 2.03. Redemption ................................................................................................................... 12 Section 2.04. Form of Bonds ............................................................................................................... 15 Section 2.05. Execution of Bonds ....................................................................................................... 15 Section 2.06. Transfer of Bonds .......................................................................................................... 16 Section 2.07. Exchange of Bonds ....................................................................................................... 16 Section 2.08. Bond Register ................................................................................................................ 16 Section 2.09. Temporary Bonds .......................................................................................................... 16 Section 2.10. Bonds Mutilated, Lost, Destroyed or Stolen .................................................................. 17 Section 2.11. Limited Obligation .......................................................................................................... 17 Section 2.12. Book-Entry Only System ............................................................................................... 17 Section 2.13. No Acceleration ............................................................................................................. 18
ARTICLE III
ISSUANCE OF BONDS
Section 3.01. Issuance and Delivery of Bonds .................................................................................... 20 Section 3.02. Application of Proceeds of Sale of Bonds and Collection of Special Tax ...................... 20 Section 3.03. Special Tax Fund .......................................................................................................... 20 Section 3.04. Improvement Fund ........................................................................................................ 21 Section 3.05. Costs of Issuance Fund ................................................................................................. 22
ARTICLE IV
SPECIAL TAX REVENUES; BOND FUND AND RESERVE FUND
Section 4.01. Pledge of Special Tax Revenues and Other Amounts. ................................................. 23 Section 4.02. Bond Fund ..................................................................................................................... 23 Section 4.03. Reserve Fund ................................................................................................................ 24
ARTICLE V
OTHER COVENANTS OF THE CITY
Section 5.01. Punctual Payment ......................................................................................................... 26 Section 5.02. Limited Obligation .......................................................................................................... 26 Section 5.03. Extension of Time for Payment ..................................................................................... 26 Section 5.04. Against Encumbrances ................................................................................................. 26 Section 5.05. Books and Accounts ...................................................................................................... 26 Section 5.06. Protection of Security and Rights of Owners ................................................................. 26 Section 5.07. Compliance with Law; Completion of Project ................................................................ 27 Section 5.08. Private Activity Bond Limitation ..................................................................................... 27 Section 5.09. Federal Guarantee Prohibition ...................................................................................... 27 Section 5.10. Collection of Special Tax Revenues .............................................................................. 27 Section 5.11. Further Assurances ....................................................................................................... 27 Section 5.12. No Arbitrage .................................................................................................................. 28 Section 5.13. Maintenance of Tax-Exemption ..................................................................................... 28 Section 5.14. Annual State Reports .................................................................................................... 28 Section 5.15. Covenant to Foreclose .................................................................................................. 28 Section 5.16. Continuing Disclosure to Owners .................................................................................. 29 ITEM 16.2.
ATTACHMENT 2
ii
Section 5.17. No Additional Bonds ...................................................................................................... 29 Section 5.18. Yield of the Bonds ......................................................................................................... 29
ARTICLE VI
INVESTMENTS; DISPOSITION OF INVESTMENT PROCEEDS;
LIABILITY OF THE CITY
Section 6.01. Deposit and Investment of Moneys in Funds ................................................................ 30 Section 6.02. Rebate of Excess Investment Earnings to the United States ........................................ 31 Section 6.03. Limited Obligation .......................................................................................................... 31
ARTICLE VII
THE FISCAL AGENT
Section 7.01. Appointment of Fiscal Agent ......................................................................................... 32 Section 7.02. Liability of Fiscal Agent .................................................................................................. 32 Section 7.03. Information .................................................................................................................... 33 Section 7.04. Notice to Fiscal Agent ................................................................................................... 33 Section 7.05. Compensation, Indemnification ..................................................................................... 34
ARTICLE VIII
MODIFICATION OR AMENDMENT
OF THIS AGREEMENT
Section 8.01. Amendments Permitted ................................................................................................. 35 Section 8.02. Owners’ Meetings .......................................................................................................... 35 Section 8.03. Procedure for Amendment with Written Consent of Owners ......................................... 36 Section 8.04. Disqualified Bonds ......................................................................................................... 36 Section 8.05. Effect of Supplemental Agreement ................................................................................ 36 Section 8.06. Endorsement or Replacement of Bonds Issued After Amendments ............................. 37 Section 8.07. Amendatory Endorsement of Bonds ............................................................................. 37 Section 8.08. Opinion of Counsel Regarding Supplemental Agreement ............................................. 37
ARTICLE IX
MISCELLANEOUS
Section 9.01. Benefits of Agreement Limited to Parties ...................................................................... 38 Section 9.02. Successor is Deemed Included in All References to Predecessor ............................... 38 Section 9.03. Discharge of Agreement ................................................................................................ 38 Section 9.04. Execution of Documents and Proof of Ownership by Owners ...................................... 39 Section 9.05. Waiver of Personal Liability ........................................................................................... 39 Section 9.06. Notices to and Demands on City and Fiscal Agent ....................................................... 39 Section 9.07. Partial Invalidity ............................................................................................................. 40 Section 9.08. Unclaimed Moneys ........................................................................................................ 40 Section 9.09. Applicable Law .............................................................................................................. 40 Section 9.10. Conflict with Act ............................................................................................................. 40 Section 9.11. Conclusive Evidence of Regularity ................................................................................ 40 Section 9.12. Payment on Business Day ............................................................................................ 40 Section 9.13. Counterparts .................................................................................................................. 40 Section 9.14. U.S.A. Patriot Act .......................................................................................................... 40
EXHIBIT A FORM OF BOND
ITEM 16.2.
ATTACHMENT 2
FISCAL AGENT AGREEMENT
THIS FISCAL AGENT AGREEMENT (the “Agreement”) is made and entered into and dated as of ____________ 1, 2025, by and between the City of Rancho Cordova, California, a municipal corporation and public body, corporate and politic, organized and existing under and by virtue of the Constitution and laws of the State of California (the “City”) for and on behalf of the City of Rancho Cordova The Ranch Community Facilities District No. 2021-1 (the “District”), and U.S. Bank Trust Company, National Association, a na tional banking association duly organized and existing under the laws of the United States of America with a corporate trust office located in Seattle, Washington, as fiscal agent (the “Fiscal Agent”).
W I T N E S S E T H :
WHEREAS, the City Council has conducted proceedings under and pursuant to the Mello- Roos Community Facilities Act of 1982, as amended (the “Act”), to (i) establish the District (ii) designate within the District, “Improvement Area No. 1 of the City of Ranc ho Cordova The Ranch Community Facilities District No. 2021-1” (“Improvement Area No. 1”), and (iii) establish a “City of Rancho Cordova The Ranch Community Facilities District No. 2021-1 (Future Annexation Area)” for the District (the “Future Annexation Area”); and
WHEREAS, under the Act, the City Council is authorized to issue bonded indebtedness secured by special taxes levied within the District and improvement areas therein for the purpose of providing moneys for the construction and acquisition of improvements, and the payment of certain fees, authorized for the District; and
WHEREAS, on December 6, 2021, the City Council, as legislative body of the District, established the bonded indebtedness limit for the District in the principal amount of not to exceed $86,470,000 (excluding bonds described in Section 53364.2(e) of the Act), initially allocated as follows: (i) for Improvement Area No. 1, $20,350,000 and (ii) for land within the Future Annexation Area, $66,120,000; and
WHEREAS, this Council has also authorized land to be annexed to the District from the Future Annexation Area by unanimous consent of the owner(s) of land proposed to be annexed, and pursuant to Resolution No. ____-2024 adopted by this Council on _______, 2024 and the Unanimous Consent, Waiver and Vote of Sole Landowner, dated April 2, 2024, land designated as Improvement Area No. 2 of City of Rancho Cordova The Ranch Community Facilities District No. 2021-1 (“Improvement Area No. 2”) was annexed to the District and bonded indebtedness for Improvement Area No. 2 was authorized in the amount not to exceed $ 14,000,000 (the “Authorization”); and
WHEREAS, under the provisions of the Act, on ________, 2025, the City Council of the City adopted its Resolution No. ____ -2025 (the “Resolution”), which resolution authorized the issuance of its Improvement Area No. 2 of City of Rancho Cordova The Ranch Community Facilities District No. 2021-1 Special Tax Bonds S eries 2025 to provide moneys for the construction and acquisition of improvements for the District and provided that said issuance would be in accordance with the Act and this Agreement, and authorized the execution hereof;
WHEREAS, it is in the public interest and for the benefit of the City, the District, the persons responsible for the payment of special taxes and the Owners of the Bonds that the City enter into this Agreement to provide for the issuance of the Bonds, the disbursement of proceeds ITEM 16.2.
ATTACHMENT 2
2 of the Bonds, the disposition of the special taxes securing the Bonds authorized to be issued hereunder and the administration and payment of the Bonds; and
WHEREAS, the City has determined that all things necessary to cause the Bonds, when authenticated by the City for the District and issued as in the Act, the Resolution and this Agreement provided to be legal, valid and binding and special obligations of the City for the District in accordance with their terms, and all things necessary to cause the creation, authorization, execution and delivery of this Agreement and the creation, authorization, execution and issuance of the Bonds, subject to the terms hereof, have in all respects been duly authorized.
NOW, THEREFORE, in consideration of the covenants and provisions herein set forth and for other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby agree as follows:
ITEM 16.2.
ATTACHMENT 2
3 ARTICLE I
AUTHORITY AND DEFINITIONS STATUTORY AUTHORITY AND
DEFINITIONS
Section 1.01. Authority for this Agreement. This Agreement is entered into pursuant to the provisions of the Act and the Resolution.
Section 1.02. Agreement for Benefit of Bondowners . The provisions, covenants and agreements herein set forth to be performed by or on behalf of the City shall be for the equal benefit, protection and security of the Owners. All of the Bonds, without regard to the time or times of their issuance or maturity, shall be of equal rank without preference, priority or distinction of any of the Bonds over any other thereof, except as expressly provided in or permitted by this Agreement. The Fiscal Agent may become the Owner of any of the Bonds in its own or an y other capacity with the same rights it would have if it were not Fiscal Agent.
Section 1.03. Definitions. Unless the context otherwise requires, the terms defined in this Section 1.03 shall, for all purposes of this Agreement, of any Supplemental Agreement, and of any certificate, opinion or other document herein mentioned, have the meanings herein specified. All references herein to “Articles,” “Sections” and other subdivisions are to the corresponding Articles, Sections or subdivisions of this Agreement, and the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreemen t as a whole and not to any particular Article, Section or subdivision hereof.
“Acquisition Agreement” means the Funding, Construction and Acquisition Agreement, dated as of October 1, 2022, by and between the City and Jaeger Ranch, LLC, a California limited liability company, and any amendments thereto.
“Act” means the Mello -Roos Community Facilities Act of 1982, as amended, being Sections 53311 et seq. of the California Government Code.
“Additional Bonds” means any bonds other than the 2025 Bonds issued pursuant to Section 5.17 hereof.
“Administrative Expense Priority” means (i) for fiscal year 202 5-26, $30,000, and (ii) for each subsequent year, an amount equal to the preceding fiscal year’s Administrative Expense Priority plus an additional 2% of such amount.
“Administrative Expenses” means any or all of the following: the fees and expenses of the Fiscal Agent (including any fees or expenses of its counsel), the expenses of the City in carrying out its duties hereunder (including, but not limited to, the levying and collection of the Special Taxes, and the foreclosure of the liens of delinquent Special Taxes) including the fees and expenses of its counsel, an allocable share of the salaries of City staff directly related thereto and a proportionate amount of Cit y general administrative overhead related thereto, any amounts paid by the City from its general funds pursuant to Section 6.02, and all other costs and expenses of the City or the Fiscal Agent incurred in connection with the issuance and administration of the Bonds and/or the discharge of their respective duties hereunder (including, but not limited to, the calculation of the levy of the Special Taxes, foreclosures with respect to delinquent taxes, and the calculation of amounts subject to rebate to the United States) and, in the case of the City, in any way related to the administration of the District and Improvement ITEM 16.2.
ATTACHMENT 2
4 Area No. 2. Administrative Expenses shall include any such expenses incurred in prior years but not yet paid, and any advances of funds by the City under Section 6.02 hereof.
“Administrative Services Director” means the Administrative Services Director, including any acting or interim Administrative Services Director, of the City, or person serving in a similar capacity, or a designee of such person.
“Agreement” means this Fiscal Agent Agreement, as it may be amended or supplemented from time to time by any Supplemental Agreement.
“Annual Debt Service” means, for each Bond Year, the sum of (i) the interest due on the Outstanding Bonds in such Bond Year, assuming that the Outstanding Bonds are retired as scheduled, and (ii) the principal amount of the Outstanding Bonds, including any mandatory sinking fund payments, due in such Bond Year.
“Authorization” means a principal amount of Bonds for Improvement Area No. 2 not to exceed $14,000,000 (excluding bonds described in Section 53364.2(e) of the Act).
“Authorized Officer” means the City Manager, Deputy City Manager, Administrative Services Director or any other officer or employee authorized by the City Council of the City or by an Authorized Officer to undertake the action referenced in this Agreement as required to be undertaken by an Authorized Officer.
“Bond Counsel” means any attorney or firm of attorneys acceptable to the City and nationally recognized for expertise in rendering opinions as to the legality and tax-exempt status of securities issued by public entities.
“Bond Fund” means the fund by that name established pursuant to Section 4.02(A) hereof.
“Bond Year” means each twelve -month period beginning on September 2 in any year and extending to the next succeeding September 1, both dates inclusive; except that the first Bond Year shall begin on the Closing Date and end on September 1, 2025.
“Bonds” means (i) the 2025 Bonds, and (ii) any Additional Bonds at any time Outstanding under this Agreement and any Supplemental Agreement.
“Business Day” means any day other than (i) a Saturday or a Sunday or (ii) a day on which banking institutions in the state in which the Principal Office of the Fiscal Agent is located are authorized or obligated by law or executive order to be closed.
“Capitalized Interest Account” means the fund by that name established pursuant to Section 4.02(A) hereof.
“CDIAC” means the California Debt and Investment Advisory Commission of the office of the State Treasurer of the State of California or any successor agency or bureau thereto.
“City” means the City of Rancho Cordova, California, and any successor thereto.
ITEM 16.2.
ATTACHMENT 2
5 “Closing Date” means the date upon which there is a physical delivery of the Bonds in exchange for the amount representing the purchase price of the Bonds by the Original Purchaser.
“Code” means the Internal Revenue Code of 1986 as in effect on the date of issuance of the Bonds or (except as otherwise referenced herein) as it may be amended to apply to obligations issued on the date of issuance of the Bonds, together with applicable temporary and final regulations promulgated, and applicable official public guidance published, under the Code.
“Continuing Disclosure Certificate” means the Continuing Disclosure Certificate, dated as of ___________, 2025, by and among the City and Goodwin Consulting Group, Inc., in its capacity as Dissemination Agent, as originally executed and as it may be amended from time to time in accordance with the terms thereof.
“Costs of Issuance” means items of expense payable or reimbursable directly or indirectly by the City and related to the authorization, sale and issuance of the Bonds, which items of expense shall include, but not be limited to, printing costs, costs of reproducing and binding documents, closing costs, filing and recording fees, initial fees, expenses and charges of the Fiscal Agent including its first annual administration fee, expenses incurred by the City in connection with the issuance of the Bonds, financial advisor fees, Bond (underwriter’s) discount or underwriting fee, legal fees and charges, including bond counsel, charges for execution, transportation and safekeeping of the Bonds and other costs, charges and fees in connection with the foregoing.
“Costs of Issuance Fund” means the fund by that name established pursuant to Section 3.05(A) hereof.
“DTC” means the Depository Trust Company, and its successors and assigns.
“Debt Service” means the scheduled amount of interest and amortization of principal payable on the Bonds during the period of computation, excluding amounts scheduled during such period which relate to principal which has been retired before the beginning of such period.
“Debt Service Account” means the account of the Special Tax Fund by that name established by Section 3.03(A) hereof.
“Depository” means (a) initially, DTC, and (b) any other Securities Depository acting as Depository pursuant to Section 2.12.
“District” means the City of Rancho Cordova The Ranch Community Facilities District No. 2021-1, established pursuant to the Resolution of Formation.
“Fair Market Value ” means the price at which a willing buyer would purchase the investment from a willing seller in a bona fide, arm’s length transaction (determined as of the date the contract to purchase or sell the investment becomes binding) if the investment is traded on an established securities market (within the meaning of Section 1273 of the Code) and, otherwise, the term “Fair Market Value” means the acquisition price in a bona fide arm’s length transaction (as referenced above) if (i) the investment is a certificate of deposit that is acquired in accordance with applicable regulations under the Code, (ii) the investment is an agreement with specifically negotiated withdrawal or reinvestment provisions and a specifically negotiated interest rate (f or example, a guaranteed investment contract, a forward supply contract or other investment ITEM 16.2.
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6 agreement) that is acquired in accordance with applicable regulations under the Code, (iii) the investment is a United States Treasury Security —State and Local Government Series that is acquired in accordance with applicable regulations of the United States Bureau of Public Debt, or (iv) the investment is the Local Agency Investment Fund of the State of California, but only if at all times during which the investment is held its yield is reasonably expected to be equal to or greater than the yield on a reasonably comparable direct obligation of the United States.
“Federal Securities” means any of the following which are non -callable and which at the time of investment are legal investments under the laws of the State of California for funds held by the Fiscal Agent (the Fiscal Agent entitled to rely upon investment direction from the City as a certification that such investment constitutes a legal investment).
(i) Direct general obligations of the United States of America (including obligations issued or held in book-entry form on the books of the United States Department of the Treasury) and obligations, the payment of principal of and interest on which are directly or indirectly guaranteed by the United States of America, including, without limitation, such of the foregoing which are commonly referred to as “stripped” obligations and coupons; or
(ii) Any of the following obligations of the following agencies of the United States of America: (i) direct obligations of the Export -Import Bank, (ii) certificates of beneficial ownership issued by the Farmers Home Administration, (iii) participation certificates issued by the General Services Administration, (iv) mortgage-backed bonds or pass-through obligations issued and guaranteed by the Government National Mortgage Association, (v) project notes issued by the United States Department of Housing and Urban Development, and (vi) public housing notes and bonds guaranteed by the United States of America.
“Fiscal Agent” means the Fiscal Agent appointed by the City and acting as an independent fiscal agent with the duties and powers herein provided, its successors and assigns, and any other corporation or association which may at any time be substituted in its place, as provided in Section 7.01.
“Fiscal Year” means the twelve-month period extending from July 1 in a calendar year to June 30 of the succeeding year, both dates inclusive.
“Improvement Area No. 2” means Improvement Area No. 2 of City of Rancho Cordova The Ranch Community Facilities District No. 2021-1.
“Improvement Fund” means the fund by that name established pursuant to Section 3.04(A) hereof.
“Interest Payment Dates” means March 1 and September 1 of each year, commencing September 1, 2025.
“Maximum Annual Debt Service” means the largest Annual Debt Service for any Bond Year after the calculation is made through the final maturity date of any Outstanding Bonds.
“Officer’s Certificate” means a written certificate of the City signed by an Authorized Officer of the City.
ITEM 16.2.
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7 “Ordinance” means any ordinance of the City levying the Special Taxes.
“Original Purchaser” means the first purchaser of the Bonds from the City.
“Outstanding,” when used as of any particular time with reference to Bonds, means (subject to the provisions of Section 8.04) all Bonds except (i) Bonds theretofore canceled by the Fiscal Agent or surrendered to the Fiscal Agent for cancellation; (ii) Bonds paid or deem ed to have been paid within the meaning of Section 9.03; and (iii) Bonds in lieu of or in substitution for which other Bonds shall have been authorized, executed, issued and delivered by the City pursuant to the Agreement or any Supplemental Agreement.
“Owner” or “Bondowner” means any person who shall be the registered owner of any Outstanding Bond.
“Participating Underwriter” shall have the meaning ascribed thereto in the Continuing Disclosure Certificate.
“Permitted Investments” means any of the following, to the extent that they are lawful investments for City funds at the time of investment, and are acquired at Fair Market Value (the Fiscal Agent entitled to rely upon investment direction from the City as a certification that s uch investment constitutes a legal investment):
(i) Federal Securities;
(ii) any of following obligations of federal agencies not guaranteed by the United States of America: (a) debentures issued by the Federal Housing Administration; (b) participation certificates or senior debt obligations of the Federal Home Loan Mortgage Corporation or Farm Credit Banks (consisting of Federal Land Banks, Federal Intermediate Credit Banks or Banks for Cooperatives); (c) bonds or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act, bonds of any fed eral home loan bank established under said act and stocks, bonds, debentures, participations and other obligations of or issued by the Federal National Mortgage Association, the Student Loan Marketing Association, the Government National Mortgage Association and the Federal Home Loan Mortgage Corporation; and bonds, notes or other obligations issued or assumed by the International Bank for Reconstruction and Development;
(iii) interest-bearing demand or time deposits (including certificates of deposit) in federal or State of California chartered banks (including the Fiscal Agent), provided that (a) in the case of a savings and loan association, such demand or time deposits shall be fully insured by the Federal Deposit Insurance Corporation, or the unsecured obligations of such savings and loan association shall be rated in one of the top two rating categories by a nationally recognized rating service, and (b) in the case of a bank, such demand or time deposits shall be fully insured by the Federal Deposit Insurance Corporation, or the unsecured obligations of such bank (or the unsecured obligations of the parent bank holding company of which such bank is the lead bank) shall be rated in one of the top two rating categories by a nationally recognized rating service;
(iv) repurchase agreements with a registered broker/dealer subject to the Securities Investors Protection Corporation Liquidation in the event of insolvency, or any ITEM 16.2.
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8 commercial bank provided that: (a) the unsecured obligations of such bank shall be rated in one of the top two rating categories by a nationally recognized rating service, or such bank shall be the lead bank of a banking holding company whose unsecured obligations are rated in one of the top two rating categories by a nationally recognized rating service; (b) the most recent reported combined capital, surplus an undivided profits of such bank shall be not less than $100 million; (c) the repurchase obligati on under any such repurchase obligation shall be required to be performed in not more than 30 days; (d) the entity holding such securities as described in clause (c) shall have a pledged first security interest therein for the benefit of the Fiscal Agent u nder the California Commercial Code or pursuant to the book -entry procedures described by 31 C.F.R. 306.1 et seq. or 31 C.F.R. 350.0 et seq. and are rated in one of the top two rating categories by a nationally recognized rating service;
(v) bankers acceptances endorsed and guaranteed by banks described in clause (iv) above;
(vi) obligations, the interest on which is exempt from federal income taxation under Section 103 of the Code and which are rated in the one of the top two rating categories by a nationally recognized rating service;
(vii) money market funds which invest solely in Federal Securities or in obligations described in the preceding clause (ii) of this definition, or money market funds which are rated in the highest rating category by Standard & Poor’s Ratings Services or Moody’s Investor Service, including funds which are managed or maintained by the Fiscal Agent;
(viii) units of a taxable government money market portfolio comprised solely of obligations listed in (i) and (iv) above;
(ix) any investment which is a legal investment for proceeds of the Bonds at the time of the execution of such agreement, and which investment is made pursuant to an agreement between the City or the Fiscal Agent or any successor Fiscal Agent and a financial institution or governmental body whose long term debt obligations are rated in one of the top two rating categories by a nationally recognized rating service;
(x) commercial paper of “prime” quality of the highest ranking or of the highest letter and numerical rating as provided for by Moody’s Investors Service, or Standard and Poor’s Corporation, of issuing corporations that are organized and operating within t he United States and having total assets in excess of $500,000,000, and having a rating of at least “AA” (without regard to qualifier) for the issuer’s debentures, other than commercial paper, as provided for by Moody’s Investors Service or Standard and Po or’s Corporation, and provided that purchases of eligible commercial paper may not exceed 180 days maturity nor represent more than 10 percent of the outstanding paper of an issuing corporation;
(xi) any general obligation of a bank or insurance company whose long term debt obligations are rated in one of the two highest rating categories of a national rating service;
(xii) shares in a common law trust established pursuant to Title 1, Division 7, Charter 5 of the Government Code of the State which invests exclusively in investments ITEM 16.2.
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9 permitted by Section 53635 of Title 5, Division 2, Chapter 4 of the Government Code of the State, as it may be amended;
(xiii) shares in the California Asset Management Program;
(xiv) the Local Agency Investment Fund established pursuant to Section 16429.1 of the Government Code of the State of California, provided, however, that the Fiscal Agent will be permitted to make investments and withdrawals in its own name and the Fiscal Agent may restrict investments in the such fund if necessary to keep moneys available for the purposes of this Fiscal Agent Agreement; or
(xv) any other lawful investment for City funds.
“Prepayment Account” means the account of the Bond Fund by that name established by Section 4.02(A) hereof.
“Principal Office” means the corporate trust office of the Fiscal Agent set forth in Section 9.06, or such other or additional offices as may be designated by the Fiscal Agent.
“Project” means the acquisitions and improvements described in the Resolution of Formation and pursuant to the Acquisition Agreement and any joint community facilities agreements.
“Qualified Reserve Fund Credit Instrument” means an irrevocable standby or direct -pay letter of credit or surety bond issued by a commercial bank or insurance company and deposited with the Fiscal Agent pursuant to Section 4.03, provided that all of the following requirements are met: (i) the long-term credit rating of such bank or insurance company is rated in at least the “AA” category (without regard to qualifier) by S&P or Moody’s; (ii) such letter of credit or surety bond has a term of at least twelve (12) months; (c) such letter of credit or surety bond has a stated amount at least equal to the portion of the Reserve Requirement with respect to which funds are proposed to be released pursuant to Section 4.03; and (d) the Fiscal Agent is authorized pursuant to the terms of such letter of credit or surety bond to draw thereunder an amount equal to any deficiencies which may exist from time to time in the Bond Fund for the purpose of making payments required pursuant to Section 4.03.
“Rate and Method” means the Rate and Method of Apportionment of Special Tax for Improvement Area No. 2, as initially approved and as may be amended.
“Record Date” means the 15th day of the month next preceding the month of the applicable Interest Payment Date whether or not such day is a Business Day.
“Regulations” means temporary and permanent regulations promulgated under the Code.
“Reserve Fund” means the fund by that name established pursuant to Section 4.03(A) hereof.
“Reserve Requirement” means the least of (i) 125% of the average Annual Debt Service on the Bonds; (ii) Maximum Annual Debt Service on the Bonds; and (iii) 10% of the original principal amount of the Bonds (or, if the Bonds have more than a de minimis amount of original issue discount or premium, 10% of the issue price of such Series of Bonds); provided, that –
ITEM 16.2.
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10 (a) in no event shall the City be obligated to deposit an amount in the Reserve Fund in excess of the amount permitted by the applicable provisions of the Code to be so deposited from the proceeds of tax -exempt bonds without having to restrict the yield of any investment purchased with any portion of such deposit and, if the amount of any such deposit is so limited, the Reserve Requirement shall be only the amount of such deposit as permitted by the Code;
(b) the City may meet all or a portion of the Reserve Requirement with respect to the Bonds by depositing a Qualified Reserve Fund Credit Instrument in accordance with the Fiscal Agent Agreement; and
(c) the Reserve Requirement shall be set at the time of issuance of the Bonds and shall not increase thereafter but may decrease.
“Resolution” means Resolution No. _____-2025, adopted by the City Council of the City on ____________, 2025, which resolution authorized the issuance of the Bonds.
“Resolution of Formation” means Resolution No. 195-2021, adopted by the City Council of the City on December 6, 2021, establishing the District, designating Improvement Area No. 1 as an initial improvement area therein, and establishing the Future Annexation Area.
“Securities Depositories” means The Depository Trust Company, and, in accordance with then current guidelines of the Securities and Exchange Commission, such other addresses and/or such other securities depositories as the City may designate in an Officer’s Certificate delivered to the Fiscal Agent.
“Series” means any series of bonds authorized for Improvement Area No. 2 pursuant to this Fiscal Agent Agreement or any Supplemental Agreement.
“Special Tax Fund” means the fund by that name established by Section 3.03(A) hereof.
“Special Taxes” means the “Special Tax” as defined in the Rate and Method, levied within Improvement Area No. 2 pursuant to the Act, the Ordinance and this Agreement.
“Special Tax Revenues” means the proceeds of the Special Taxes annually received by the City, excluding any interest and penalties thereon collected in connection with delinquent Special Taxes, less an amount equal to the Administrative Expense Priority, including all scheduled payments and delinquent payments thereof, and proceeds of the redemption or sale of property sold as a result of foreclosure of the lien of the Special Taxes.
“Supplemental Agreement” means an agreement which is amendatory of or supplemental to this Agreement, but only if and to the extent that such agreement is specifically authorized hereunder.
“Surplus Account” means the account of the Special Tax Fund by that name established by Section 3.03(A) hereof.
“2025 Bonds” means the Improvement Area No. 2 of City of Rancho Cordova The Ranch Community Facilities District No. 2021-1 Special Tax Bonds Series 2025.
ITEM 16.2.
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11 ARTICLE II
THE BONDS
Section 2.01. Principal Amount; Designation . 2025 Bonds in the aggregate principal amount of $______________ are hereby authorized to be issued by the City for Improvement Area No. 2 under and subject to the terms of the Resolution and this Agreement, the Act and other applicable laws of the State of California. The 2025 Bonds shall be designated the “Improvement Area No. 2 of City of Rancho Cordova The Ranch Community Facilities District No. 2021-1 Special Tax Bonds Series 2025.”
Section 2.02. Terms of 2025 Bonds.
(A) Form; Denominations. The 2025 Bonds shall be issued as fully registered Bonds without coupons in the denomination of $5,000 or any integral multiple of $5,000 in excess thereof. The 2025 Bonds shall be lettered and numbered in a customary manner as determined by the Fiscal Agent.
(B) Date of 2025 Bonds. The 2025 Bonds shall be dated the Closing Date for the 2025 Bonds.
(C) CUSIP Identification Numbers. “CUSIP” identification numbers shall be imprinted on the 2025 Bonds, but such numbers shall not constitute a part of the contract evidenced by the 2025 Bonds and any error or omission with respect thereto shall not constitute cause for refusal of any purchaser to accept delivery of and pay for the 2025 Bonds. In addition, failure on the part of the City or the Fiscal Agent to use such CUSIP numbers in any notice to Owners shall not constitute an event of default or any violation of the City’s contract w ith such Owners and shall not impair the effectiveness of any such notice.
(D) Maturities. The 2025 Bonds shall be issued as serial bonds and term bonds and shall mature and become payable as follows:
Maturity
(September 1)
Principal
Amount
Interest
Rate
(T) Term bonds.
ITEM 16.2.
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12 (E) Interest. The 2025 Bonds shall bear interest at the rates set forth above payable on the Interest Payment Dates in each year. Interest shall be calculated on the basis of a 360-day year composed of twelve 30-day months. Each 2025 Bond shall bear interest from the Interest Payment Date next preceding the date of authentication thereof unless (i) it is authenticated on an Interest Payment Date, in which event it shall bear interest from such date of authentication, or (ii) it is authenticated prior to an Interest Payment Date and after the close of business on the Record Date preceding such Interest Payment Date, in which event it shall bear interest from such Interest Payment Date, or (iii) it is authenticated prior to the Record Date preceding the first Interest Payment Date, in which event it shall bear interest from the Closing Date; provided, however, that if at the time of authentication of a 2025 Bond, interest is in default thereon, such 2025 Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment thereon.
(F) Method of Payment . Interest on the 2025 Bond s (including the final interest payment upon maturity or earlier redemption) is payable by check of the Fiscal Agent mailed on the Interest Payment Dates by first class mail to the registered Owner thereof at such registered Owner’s address as it appears o n the registration books maintained by the Fiscal Agent at the close of business on the Record Date preceding the Interest Payment Date, or by wire transfer made on such Interest Payment Date upon written in structions received by the Fiscal Agent on or before the Record Date preceding the Interest Payment Date of any Owner of $1,000,000 or more in aggregate principal amount of 2025 Bonds; provided that so long as any 2025 Bonds are in book-entry form, payments with respect to such 2025 Bonds shall be made by wire transfer or such other method acceptable to the Fiscal Agent to the Depository. The principal of the 2025 Bonds and any premium on the 2025 Bonds are payable in lawful money of the United States of America upon surrender of the 2025 Bonds at the Principal Office of the Fiscal Agent. All 2025 Bonds paid by the Fiscal Agent pursuant to this Section shall be cancelled by the Fiscal Agent.
The Fiscal Agent shall destroy the cancelled 2025 Bonds and issue a certificate of destruction thereof to the City.
Section 2.03. Redemption.
(A) Redemption Dates.
(i) Optional Redemption. The Bonds are subject to optional redemption from any source of available funds (other than prepayments of the Special Tax by property owners), in whole or in part among maturities as specified by the City and by lot within a maturity, on any date on and after September 1, _____ at the following respective redemption prices (expressed as percentages of the principal amount of the Bonds to be redeemed), plus accrued interest thereon to the date of redemption:
Redemption Dates
Redemption
Price
September 1, _____ through August 31, _____ 103%
September 1, _____ through August 31, _____ 102
September 1, _____ through August 31, _____ 101
September 1, _____ and any date thereafter 100
(ii) Mandatory Redemption From Prepayments. The Bonds are subject to mandatory redemption from prepayments of the Special Tax by property owners, in whole or in part among maturities as shall be specified by the City and by lot within a maturity, on any Interest Payment ITEM 16.2.
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13 Date at the following respective redemption prices (expressed as percentages of the principal amount of the Bonds to be redeemed), plus accrued interest thereon to the date of redemption:
Redemption Dates
Redemption
Price
Interest Payment Dates through and including March 1, _____ 103% September 1, _____ and March 1, _____ 102
September 1, _____ and March 1, _____ 101
September 1, _____ and any Interest Payment Date thereafter 100
The proceeds of any such prepayment shall be deposited in the Prepayment Account of the Bond Fund and applied by the Fiscal Agent to pay the redemption price of the 2025 Bonds.
(iii) Mandatory Sinking Fund Redemption. The Bonds maturing September 1, _____, September 1, _____, September 1, _____ and September 1, _____ are subject to mandatory sinking payment redemption in part on September 1, _____, September 1, _____, September 1, _____ and September 1, _____, respectively, and on each September 1 thereafter to maturity, by lot, at a redemption price equal to 100% of the principal amount thereof to be redeemed, without premium, in the aggregate respective principal amounts as set forth in the following tables:
September 1, _____ Term Bonds
Mandatory
Redemption Date
(September 1)
Sinking Fund
Payment
September 1, _____ Term Bonds
Mandatory
Redemption Date
(September 1)
Sinking Fund
Payment
ITEM 16.2.
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14 September 1, _____ Term Bonds
Mandatory
Redemption Date
(September 1)
Sinking Fund
Payment
September 1, _____ Term Bonds
Mandatory
Redemption Date
(September 1)
Sinking Fund
Payment
The amounts in the foregoing tables shall be reduced pro rata at the direction of the City in an Officer’s Certificate, in order to maintain substantially uniform debt service, as a result of any prior partial redemption of the 2025 Bonds pursuant to Section 2.03(A)(i) or (ii) above.
In lieu of redemption under this Section 2.03, moneys in the Bond Fund may be used and withdrawn by the Fiscal Agent for purchase of Outstanding 2025 Bonds, upon the filing with the Fiscal Agent of an Officer’s Certificate requesting such purchase, at public or private sale as and when, and at such prices (including brokerage and other charges) as such Officer’s Certificate may provide, but in no event may 2025 Bonds be purchased at a price in excess of the principal amount thereof, plus interest accrued to the date of purchase.
(B) Notice to Fiscal Agent. The City shall give the Fiscal Agent an Officer’s Certificate containing notice of its intention to redeem 2025 Bonds pursuant to subsections (A)(i) and (A)(ii) not less than 45 days prior to the applicable redemption date.
(C) Redemption Procedure by Fiscal Agent. The Fiscal Agent shall cause notice of any redemption to be mailed by first class mail, postage prepaid, at least 20 days but not more than 60 days prior to the date fixed for redemption, to the Municipal Securities Rulemaking Board and to the Securities Depositories, and to the respective registered Owners of any Bonds designated for redemption, at their addresses appearing on the Bond registration books in the Principal Office of the Fiscal Agent; but such mailing shall not be a condition precedent to such redemption and failure to mail or to receive any such notice, or any defect therein, shall not affect the validity of the proceedings for the redemption of such Bonds.
Such notice shall state the redemption date and the redemption price and, if less than all of the then Outstanding Bonds are to be called for redemption, shall designate the CUSIP numbers and Bond numbers of the Bonds to be redeemed by giving the individua l CUSIP number and Bond number of each Bond to be redeemed or shall state that all Bonds between two stated Bond numbers, both inclusive, are to be redeemed or that all of the Bonds of one or more maturities have been called for redemption, shall state as to any Bond called in part the ITEM 16.2.
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15 principal amount thereof to be redeemed, and shall require that such Bonds be then surrendered at the Principal Office of the Fiscal Agent for redemption at the said redemption price, and shall state that further interest on such Bonds will not accrue from and after the redemption date.
The City has the right to rescind any notice of the redemption of Bonds under Section
2.03(A)(i) by written notice to the Fiscal Agent on or prior to two Business Days prior the date fixed for redemption. Any notice of redemption shall be cancelled and annulled if for any reason funds will not be or are not available on the date fixed for redemption for the payment in full of the Bonds then called for redemption, and such cancellation shall not constitute an event of default. The City and the Fiscal Agent have no liability to the Owners or any other party related to or arising from such rescission of redemption. The Fiscal Agent shall mail notice of such rescission of redemption in the same manner as the original notice of redemption was sent under this Section.
Upon the payment of the redemption price of Bonds being redeemed, each check or other transfer of funds issued for such purpose shall, to the extent practicable, bear the CUSIP number identifying, by issue and maturity, of the Bonds being redeemed with the proceeds of such check or other transfer.
Whenever provision is made in this Agreement for the redemption of less than all of the Bonds of any maturity, the Fiscal Agent shall select the Bonds to be redeemed, from all Bonds or such given portion thereof of such maturity by lot in any manner which the Fiscal Agent in its sole discretion shall deem appropriate.
Upon surrender of Bonds redeemed in part only, the City shall execute and the Fiscal Agent shall authenticate and deliver to the registered Owner, at the expense of the City, a new Bond or Bonds, of the same series and maturity, of authorized denominations in aggregate principal amount equal to the unredeemed portion of the Bond or Bonds.
(D) Effect of Redemption . From and after the date fixed for redemption, if funds available for the payment of the principal of, and interest and any premium on, the Bonds so called for redemption shall have been deposited in the Bond Fund, such Bonds so called shall cease to be entitled to any benefit under this Agreement other than the right to receive payment of the redemption price, and no interest shall accrue thereon on or after the redemption date specified in such notice.
All Bonds redeemed and purchased by the Fiscal Agent pursuant to this Section shall be canceled by the Fiscal Agent. The Fiscal Agent shall destroy the cancelled Bonds and issue a certificate of destruction thereof to the City.
Section 2.04. Form of Bonds . The Bonds, the form of Fiscal Agent’s certificate of authentication and the form of assignment, to appear thereon, shall be substantially in the forms, respectively, set forth in Exhibit A attached hereto and by this reference incorporated herein, with necessary or appropriate variations, omissions and insertions, as permitted or required by this Agreement, the Resolution and the Act.
Section 2.05. Execution of Bonds. The Bonds shall be executed on behalf of the City by the Mayor and the City Clerk of the City who are in office on the date of adoption of this Agreement or at any time thereafter, and the seal of the City shall be impressed, imprinted or reproduced by facsimile signature thereon. If any officer whose signature appears on any Bond ceases to be such officer before delivery of the Bonds to the Owner, such signature shall nevertheless be as ITEM 16.2.
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16 effective as if the officer had remained in office until the delivery of the Bonds to the Owner. Any Bond may be signed and attested on behalf of the City by such persons as at the actual date of the execution of such Bond shall be the proper officers of the City although at the nominal date of such Bond any such person shall not have been such officer of the City.
Only such Bonds as shall bear thereon a certificate of authentication in substantially the form set forth in Exhibit A, executed and dated by the Fiscal Agent, shall be valid or obligatory for any purpose or entitled to the benefits of this Agreement, and such certificate of authentication of the Fiscal Agent shall be conclusive evidence that the Bonds registered hereunder have been duly authenticated, registered and delivered hereunder and are entitled to the benefits of this Agreement.
Section 2.06. Transfer of Bonds . Any Bond may, in accordance with its terms, be transferred, upon the books required to be kept pursuant to the provisions of Section 2.08 by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such Bond for cancellation, accompanied by delivery of a duly written instrument of transfer in a form acceptable to the Fiscal Agent. The cost for any services rendered or any expenses incurred by the Fiscal Agent in connection with any such transfer shall be paid by the City. The Fiscal Agent shall collect from the Owner requesting such transfer any tax or other governmental charge required to be paid with respect to such transfer.
Whenever any Bond or Bonds shall be surrendered for transfer, the City shall execute and the Fiscal Agent shall authenticate and deliver a new Bond or Bonds, for a like aggregate principal amount of Bonds of authorized denominations and of the same maturity.
No transfers of Bonds shall be required to be made (i) within fifteen (15) days prior to the date established by the Fiscal Agent for selection of Bonds for redemption or (ii) with respect to a Bond after such Bond has been selected for redemption.
Section 2.07. Exchange of Bonds. Bonds may be exchanged at the Principal Office of the Fiscal Agent for a like aggregate principal amount of Bonds of authorized denominations and of the same maturity. The cost for any services rendered or any expenses incurred by the Fiscal Agent in connection with any such exchange shall be paid by the City. The Fiscal Agent shall collect from the Owner requesting such exchange any tax or other governmental charge required to be paid with respect to such exchange.
No exchanges of Bonds shall be required to be made (i) within fifteen (15) days prior to the date established by the Fiscal Agent for selection of Bonds for redemption or (ii) with respect to a Bond after such Bond has been selected for redemption.
Section 2.08. Bond Register. The Fiscal Agent will keep or cause to be kept, at its Principal Office, sufficient books for the registration and transfer of the Bonds (the “Bond Register”), which books shall show the series number, date, amount, rate of interest and Owner of each Bond and shall at all times be open to inspection by the City during regular business hours upon reasonable notice; and, upon presentation for such purpose, the Fiscal Agent shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or transferred, on said books, the ownership of the Bonds as hereinbefore provided.
Section 2.09. Temporary Bonds. The Bonds may be initially issued in temporary form exchangeable for definitive Bonds when ready for delivery. The temporary Bonds may be printed, lithographed or typewritten, shall be of such denominations as may be determined by the City, ITEM 16.2.
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17 and may contain such reference to any of the provisions of this Agreement as may be appropriate.
Every temporary Bond shall be executed by the City upon the same conditions and in substantially the same manner as the definitive Bonds. If the City issues temporary Bonds it will execute and furnish definitive Bonds without delay and thereupon the temporary Bonds shall be surrendered, for cancellation, in exchange for the definitive Bonds at the Principal Office of the Fiscal Agent or at such other location as the Fiscal Agent shall designate, and the Fiscal Agent shall authenticate and deliver in exchange for such temporary Bonds an equal aggregate principal amount of definitive Bonds of authorized denominations. Until so exchanged, the temporary bonds shall be entitled to the same benefits under this Agreement as definitive Bonds authenticated and delivered hereunder.
Section 2.10. Bonds Mutilated, Lost, Destroyed or Stolen . If any Bond shall become mutilated, the City shall execute, and the Fiscal Agent shall authenticate and deliver, a new Bond of like tenor and principal amount in exchange and substitution for the Bond so mutilated, but only upon surrender to the Fiscal Agent of the Bond so mutilated. Every mutilated Bond so surrendered to the Fiscal Agent shall be canceled by it and destroyed by the Fiscal Agent who shall deliver a certificate of destruction thereof to the City. If any Bond shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Fiscal Agent and, if such evidence be satisfactory to it and indemnity for the Fiscal Agent and the City satisfactory to the Fiscal Agent shall be given, the City shall execute, an d the Fiscal Agent shall authenticate and deliver, a new Bond of like tenor and principal amount in lieu of and in substitution for the Bond so lost, destroyed or stolen. The City may require payment of a sum not exceeding the actual cost of preparing each new Bond delivered under this Section and of the expenses which may be incurred by the City and the Fiscal Agent for the preparation, execution, authentication and delivery. Any Bond delivered under the provisions of this Section in lieu of any Bond alleged to be lost, destroyed or stolen shall constitute an original additional contractual obligation on the part of the City whether or not the Bond so alleged to be lost, destroyed or stolen is at any time enforceable by anyone, and shall be equally and pr oportionately entitled to the benefits of this Agreement with all other Bonds issued pursuant to this Agreement.
Section 2.11. Limited Obligation. All obligations of the City under this Agreement and the Bonds shall be special obligations of the City, payable solely from the Special Tax Revenues and the funds pledged therefore hereunder. Neither the full faith and credit nor the taxing power of the City (except to the limited extent set forth herein) or the State of California or any political subdivision thereof is pledged to the payment of the Bonds.
Section 2.12. Book-Entry Only System. DTC shall act as the initial Depository for the Bonds. One Bond for each maturity of the Bonds shall be initially executed, authenticated, and delivered as set forth herein as a separate fully registered certificate (in printed or typewritten form). Upon initial execution, authentication, and delivery, the ownership of the Bonds shall be registered in the Bond Register kept by the Fiscal Agent for the Bonds in the name of Cede & Co, as nominee of DTC or such nominee as DTC shall appoint in writing.
The Authorized Officers and the Fiscal Agent are hereby authorized to take any and all actions as may be necessary and not inconsistent with this Agreement to qualify the Bonds for the Depository’s book -entry system, including the execution of the Deposito ry’s required representation letter.
With respect to Bonds registered in the Bond Register in the name of Cede & Co, as nominee of DTC, the Fiscal Agent shall not have any responsibility or obligation to any broker-dealer, bank, or other financial institution for which DTC holds Bonds as Depository from ITEM 16.2.
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18 time to time (the “DTC Participants”) or to any person for which a DTC Participant acquires an interest in the Bonds (the “Beneficial Owners”). Without limiting the immediately preceding sentence, the Fiscal Agent shall not have any responsibility or obli gation with respect to (i) the accuracy of the records of DTC, Cede & Co, or any DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any DTC Participant, any Beneficial Owner, or any other person, other than DTC, of any notice with respect to the Bonds, including any notice of redemption, (iii) the selection by the Depository of the beneficial interests in the Bonds to be redeemed in the event the City elects to redeem the Bonds in part, (iv) the payment to any DTC Participant, any Beneficial Owner, or any other person, other than DTC, of any amount with respect to the principal of or interest on the Bonds, or (v) any consent given or other action taken by the Depository as Owner of the Bonds.
The Fiscal Agent may treat as and deem DTC to be the absolute Owner of each Bond for which DTC is acting as Depository for the purpose of payment of the principal of and interest on such Bonds, for the purpose of giving notices of redemption and other matt ers with respect to such Bonds, for the purpose of registering transfers with respect to such Bonds, and for all purposes whatsoever. The Fiscal Agent shall pay all principal of and interest on the Bonds only to the Owners as shown on the Registration Boo ks, and all such payments shall be valid and effective to fully satisfy and discharge all obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid.
No person other than an Owner, as shown on the Bond Register, shall receive a physical Bond. Upon delivery by DTC to the Fiscal Agent of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject t o the transfer provisions in Section 2.06 hereof, references to “Cede & Co.” in this Section 2.12 shall refer to such new nominee of DTC.
DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the Fiscal Agent and the City during any time that the Bonds are Outstanding, and discharging its responsibilities with respect theret o under applicable law.
The City may terminate the services of DTC with respect to the Bonds if it determines that DTC is unable to discharge its responsibilities with respect to the Bonds or that continuation of the system of book-entry transfers through DTC is not in the best interest of the Beneficial Owners, and the City shall mail notice of such termination to the Fiscal Agent.
Upon the termination of the services of DTC as provided in the previous paragraph, and if no substitute Depository willing to undertake the functions hereunder can be found which is willing and able to undertake such functions upon reasonable or customary terms, or if the City determines that it is in the best interest of the Beneficial Owners of the Bonds that they be able to obtain certificated Bonds, the Bonds shall no longer be restricted to being registered in the Bond Register of the Fiscal Agent in the name of Cede & Co., as nominee of DTC, but may be registered in whatever name or name the Owners shall designate at that time, in accordance with Section 2.06.
To the extent that the Beneficial Owners are designated as the transferee by the Owners, in accordance with Section 2.06, the Bonds will be delivered to such Beneficial Owners as soon as practicable.
Section 2.13. No Acceleration . The principal of the Bonds shall not be subject to acceleration hereunder. Nothing in this Section 2.13 shall in any way prohibit the redemption of ITEM 16.2.
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19 Bonds under Section 2.03 hereof, or the defeasance of the Bonds and discharge of this Agreement under Section 9.03 hereof.
ITEM 16.2.
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20 ARTICLE III
ISSUANCE OF BONDS
Section 3.01. Issuance and Delivery of Bonds . At any time after the execution of this Agreement, the City may issue the Bonds in the aggregate principal amount set forth in Section 2.01 or as authorized in any supplemental agreement and deliver such Bonds to the Original Purchaser. The Authorized Officers of the City are hereby authorized and directed to deliver any and all documents and instruments necessary to cause the issuance of Bonds in accordance with the provisions of the Act, the Resolution and this Agreement, to authorize the payment of Costs of Issuance of the Bonds from the proceeds of the Bonds and to do and cause to be done any and all acts and things necessary or convenient for delivery of the Bonds to the Original Purchaser.
Section 3.02. Application of Proceeds of Sale of 2025 Bonds.
The proceeds of the purchase of the 2025 Bonds by the Original Purchaser in the amount of $___________ (being 100% of the aggregate principal amount thereof, plus an original issue premium of $___________, less an Underwriter’s discount of $___________)”, shall be paid to the Fiscal Agent, who shall forthwith deposit such proceeds on the Closing Date as follows:
(i) Deposit in the Improvement Fund $___________
(ii) Deposit in the Reserve Fund $___________;
(iii) Deposit $___________ in the Capitalized Interest Account of the Bond Fund; and
(iv) Deposit in the Costs of Issuance Fund $___________.
Section 3.03. Special Tax Fund.
(A) Establishment of Special Tax Fund. There is hereby established as a separate fund to be held by the Administrative Services Director, known as The Ranch Community Facilities District No. 2021-1 Improvement Area No. 2 Special Tax Bonds, Series 2025, Special Tax Fund. Within the Special Tax Fund, the Administrative Services Director shall establish and maintain two accounts, (i) the Debt Service Account, to the credit of which the City shall deposit, immediately upon receipt, all Special Tax Revenue s received by the City, and any amounts required by Section 3.05(B) to be deposited in the Special Tax Fund, and (ii) the Surplus Account, to the credit of which the City shall deposit surplus Special Tax Revenues described in Section 3.03(B) below. Moneys in the Special Tax Fund shall be held in trust by the City for the benefit of the City and the Owners of the Bonds, shall be disbursed as provided below and, pending any disbursement, shall be subject to a lien in favor of the Owners of the Bonds.
(B) Disbursements. All Special Tax Revenues shall be deposited in the Debt Service Account upon receipt. No later than 10 Business Days prior to each Interest Payment Date, the City shall withdraw from the Debt Service Account of the Special Tax Fund and transfer (i) to the Fiscal Agent for deposit in the Reserve Fund an amount such that the amount then on deposit therein is equal to the Reserve Requirement, and (ii) to the Fiscal Agent for deposit in the Bond Fund an amount, taking into account any amounts then on deposit in the Bond Fund such that the amount in the Bond Fund equals the principal, including any mandatory sinking fund ITEM 16.2.
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21 payments, premium, if any, and interest due on the Bonds on the next Interest Payment Date.
After the transfers under subsections (i) and (ii) have been made, the City may, on or after September 15th of each year transfer to the Surplus Account the amount remaining in the Debt Service Account.
From time to time, the City may withdraw from the Surplus Account of the Special Tax Fund amounts needed to pay costs of the Project or incidental expenses of the District authorized under the Act, including Administrative Expenses in excess of the Administrative Expense Priority.
Moneys in the Surplus Account may, at the City’s discretion, also be used to pay the principal of, premium, if any, and interest on the Bonds or to replenish the Reserve Fund to the amount of the Reserve Requirement and if not ne eded for those purposes shall be available, to the extent required under the Acquisition Agreement, to directly finance the Project (so -called pay-as-you- go funds).
(C) Investment. Moneys in the Special Tax Fund shall be invested and deposited in accordance with Section 6.01. Interest earnings and profits resulting from such investment and deposit shall be retained in the Special Tax Fund to be used for the purposes thereof.
Section 3.04. Improvement Fund.
(A) Establishment of Improvement Fund. There is hereby established as a separate fund to be held by the Fiscal Agent, known as The Ranch Community Facilities District No. 2021- 1 Improvement Area No. 2 Special Tax Bonds Improvement Fund to the credit of which a deposit shall be made as required by Section 3.02 and as required by Section 3.03. Moneys in the Improvement Fund shall be held in trust by the Fiscal Agent and shall be disbursed as provided in subsection (B) of this Section for the payment or reimbursement of costs of the Project.
(B) Procedure for Disbursement. Disbursements from the Improvement Fund shall be made as determined by an Authorized Officer for the payment or reimbursement of the costs of the Project, including for costs of acquisition of portions of the Project, which may include authorized administrative expenses of the City, in accordance with the Acquisition Agreement, by submission of an Officer’s Certificate to the Fiscal Agent requesting disbursement of moneys.
The Fiscal Agent need not make any such payment if it has received notice of any lien, right to lien or attachment upon, or claim affecting the right to receive payment of, any of the moneys to be so paid, that has not been released or will not be released simultaneously with such payment.
The Fiscal Agent shall not incur any liability for any disbursement from the Improvement Fund made in reliance upon any Officer’s Certificate.
(C) Investment. Moneys in the Improvement Fund shall be invested and deposited in accordance with Section 6.01. Interest earnings and profits from the investment of amounts in the Improvement Fund shall be retained in the Improvement Fund to be used for the purposes of the Improvement Fund.
(D) Closing of Fund. Upon the filing of an Officer’s Certificate stating that the portion of the Project to be financed from the Improvement Fund has been completed and that all costs of such portion of the Project have been paid or are not required to be paid from the Improvement Fund, the Authorized Officer shall request the Fiscal Agent to transfer the amount, if any, remaining in the Improvement Fund to the Bond Fund for application to the payment of principal of and interest on the Bonds in accordance with Section 4.02 and the Improvement Fund shall be closed.
ITEM 16.2.
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22 Section 3.05. Costs of Issuance Fund.
(A) Establishment of Costs of Issuance Fund . There is hereby established as a separate fund to be held by the Fiscal Agent, known as The Ranch Community Facilities District No. 2021-1 Improvement Area No. 2 Special Tax Bonds Series 2025 Costs of Issuance Fund, to the credit of which a deposit shall be made as required by Section 3.02. Moneys in the Costs of Issuance Fund shall be held in trust by the Fiscal Agent and shall be disbursed as provided in subsection (B) of this Section for the payment or reimbursement of Costs of Issuance of the 2025 Bonds.
(B) Disbursement. Amounts in the Costs of Issuance Fund shall be disbursed from time to time to pay Costs of Issuance, as set forth in an Officer’s Certificate containing respective amounts to be paid to the designated payees, signed by the Administrative Services Director or a designee thereof and delivered to the Fiscal Agent. The Fiscal Agent shall pay all Costs of Issuance of the 2025 Bonds upon receipt of an invoice from any such payee which requests payment in an amount which is less than or equal t o the amount set forth with respect to such payee in such Officer’s Certificate, or upon receipt of an Officer’s Certificate requesting payment of a Costs of Issuance not listed on the initial Officer’s Certificate delivered to the Fiscal Agent on the Closing Date of the 2025 Bonds. The Fiscal Agent shall maintain the Costs of Issuance Fund for a period of 6 months, from the Closing Date of the 2025 Bonds and then shall transfer any moneys remaining therein, including any investment earnings thereon, to th e Improvement Fund, and if the Improvement Fund has been closed then to the Special Tax Fund, and the Costs of Issuance Fund shall be closed. Thereafter, every invoice received by the Fiscal Agent shall be submitted to the Administrative Services Director for payment from amounts on deposit in the Special Tax Fund.
(C) Investment. Moneys in the Costs of Issuance Fund shall be invested and deposited in accordance with Section 6.01. Interest earnings and profits resulting from said investment shall be retained by the Fiscal Agent in the Costs of Issuance Fund to be used for the purposes of such fund.
ITEM 16.2.
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23 ARTICLE IV
SPECIAL TAX REVENUES; BOND FUND AND RESERVE FUND
Section 4.01. Pledge of Special Tax Revenues and Other Amounts . All of the Special Tax Revenues and all moneys deposited in the Bond Fund and, until disbursed as provided herein, the Improvement Fund and the Special Tax Fund are hereby pledged to secure the repayment of the Bonds. In addition, the 2025 Bonds shall be secured by a pledge of all amounts in the Reserve Fund, and a series of Additional Bonds may be secured by a reserve account within the Reserve Fund or a separate reserve fund, as provided in the applicable Supplemental Agreement for such Series. Such pledge shall constitute a first lien on the Special Tax Revenues and said amounts.
The Special Tax Revenues and all moneys deposited into such funds (except as otherwise provided herein) are hereby dedicated in their entirety to the payment of the principal of, including any mandatory sinking fund payments, and interest and any premium on, the Bonds as provided herein and in the Act until all of the Bonds have been paid and retired or until moneys or Federal Securities have been set aside irrevocably for that purpose in accordance with Section 9.03.
Amounts in the Costs of Issuance Fund for any Series of Bonds are not pledged to the repayment of the Bonds. The facilities acquired with the proceeds of the Bonds are not in any way pledged to the repayment of the Bonds. Any proceeds of condemnation, de struction or other disposition of any facilities financed with the proceeds of the Bonds are not pledged to the repayment of the Bonds and are free and clear of any lien or obligation imposed hereunder.
Section 4.02. Bond Fund.
(A) Establishment of Bond Fund. There is hereby established as a separate fund to be held by the Fiscal Agent, known as The Ranch Community Facilities District No. 2021-1 Improvement Area No. 2 Special Tax Bonds Bond Fund, to the credit of which deposits shall be made as required by Section 3.03(B)(ii), Section 4.03 and any other amounts required to be deposited therein by this Agreement or the Act. Within the Bond Fund, the Fiscal Agent shall establish a Prepayment Account and deposit therein moneys received, if any, from prepayments of the Special Tax pursuant to Section 2.03(A)(ii). Moneys in the Bond Fund shall be held in trust by the Fiscal Agent for the benefit of t he Owners of the Bonds, shall be disbursed for the payment of the principal of, and interest and any premium on, the Bonds as provided below, and, pending such disbursement, shall be subject to a lien in favor of the Owners of the Bonds.
There is also hereby created within the Bond Fund a “Capitalized Interest Account” which account is hereby established for purposes of accounting for the disposition of 2025 Bonds, a portion of the proceeds of which will be deposited to such Capitalized Interest Account pursuant to Section 3.02. The amount deposited to the Capitalized Interest Account and any investment earnings thereon shall be used solely to make payments on th e 2025 Bonds on March 1, 2025 and September 1, 2025. Any excess amounts therein on September 2, 2025 shall be transferred to the Special Tax Fund, and the Capitalized Interest Account shall thereupon be closed.
(B) Disbursements. On each Interest Payment Date, the Fiscal Agent shall withdraw from the Bond Fund and pay to the Owners of the Bonds the principal of, and interest and any premium, then due and payable on the Bonds, including any amounts due on the Bonds by reason of the sinking payments set forth in Section 2.03(A)(iii) or any redemption of the Bonds ITEM 16.2.
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24 as provided under Section 2.03(A)(i). Moneys in the Prepayment Account shall be disbursed for redemption of Bonds as instructed by the City.
In the event that amounts in the Bond Fund are insufficient to pay regularly scheduled payments of principal of and interest on the Bonds, the Fiscal Agent shall withdraw from the Reserve Fund to the extent of any funds therein, the amount of such insufficiency, and the Fiscal Agent shall provide written notice to the Administrative Services Director of the amounts so withdrawn from the Reserve Fund. Amounts so withdrawn from the Reserve Fund shall be deposited in the Bond Fund.
If, after the foregoing transfer, there are insufficient funds in the Bond Fund to make the payments provided for to pay regularly scheduled payments of principal of and interest on the Bonds, the Fiscal Agent shall apply the available funds first to the p ayment of interest on the Bonds, then to the payment of principal due on the Bonds other than by reason of sinking payments, and then to payment of principal due on the Bonds by reason of sinking payments.
Any sinking payment not made as scheduled shall be added to the sinking payment to be made on the next sinking payment date.
(C) Investment. Moneys in the Bond Fund shall be invested and deposited in accordance with Section 6.01. Interest earnings and profits resulting from such investment and deposit shall be retained in the Bond Fund to be used for the purposes of such fund.
(D) Deficiency. If ten days before any Interest Payment Date it appears to the Fiscal Agent that there is a danger of deficiency in the Bond Fund and that the Fiscal Agent may be unable to pay regularly scheduled debt service on the Bonds in a timely manner, the Fiscal Agent shall report to the Administrative Services Director such fact. The City covenants to increase the levy of the Special Taxes in the next Fiscal Year (subject to the maximum amount authorized by the Resolution of Formation) in accordan ce with the procedures set forth in the Act for the purpose of curing Bond Fund deficiencies.
If on any Interest Payment Date the Fiscal Agent is unable to pay principal, interest and premium, if any, due on any Interest Payment Date for the Bonds due to insufficient funds in the Bond Fund, or if funds are withdrawn from the Reserve Fund to pay principal and/or interest on the Bonds the Fiscal Agent shall notify the Administrative Services Director in writing of such fact, and the Administrative Services Director shall notify CDIAC of such fact within 10 days of such Interest Payment Date. The Fiscal Agent has no obligation under this Agreement to provide notice or disclosure to the Bondowners of insufficient funds or anticipation of deficiency in the Bond Fund.
Section 4.03. Reserve Fund.
(A) Establishment of Fund . There is hereby established as a separate fund to be held by the Fiscal Agent, known as “ The Ranch Community Facilities District No. 2021-1 Improvement Area No. 2 Special Tax Bonds Reserve Fund,” to the credit of which a deposit shall be made as required by Section 3.02, and deposits shall be made as provided in Section 3.03(B). Moneys in the Reserve Fund shall be held in trust by the Fiscal Agent for the benefit of the Owners of the Bonds secured thereby as a reserve for the payment of principal of, and interest on, the Bonds and shall be subject to a lien in favor of the Owners of the Bonds.
The City has the right at any time to cause the Fiscal Agent to release funds from the Reserve Fund, in whole or in part, by tendering to the Fiscal Agent: (1) a Qualified Reserve Fund ITEM 16.2.
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25 Credit Instrument, and (2) an opinion of Bond Counsel stating that such release will not, of itself, cause the portion of the interest on the Bonds to become includable in gross income for purposes of federal income taxation. Upon tender of such items to the Fiscal Agent, the Fiscal Agent will transfer such funds from the Reserve Fund to the City.
(B) Use of Fund. Except as otherwise provided in this Section, all amounts deposited in the Reserve Fund shall be used and withdrawn by the Fiscal Agent solely for the purpose of making transfers to the Bond Fund in the event of any deficiency within five days prior to any Interest Payment Date in the Bond Fund of the amount required for payment of the principal of, and interest on, the Bonds secured by the Reserve Fund on such Interest Payment Date.
Whenever transfer is made from the Reserve Fund to the Bond Fund due to a deficiency in the Bond Fund, the Fiscal Agent shall provide written notice thereof to the Administrative Services Director.
(C) Transfer of Excess of Reserve Requirement . Whenever, on the Business Day prior to any Interest Payment Date, the amount in the Reserve Fund (or any account therein) exceeds the then applicable Reserve Requirement, the Fiscal Agent shall provide written notice to the Administrative Services Director of the amount of the excess and, following any transfer required pursuant to Section 4.03(D) below, shall transfer an amount equal to the excess from the Reserve Fund to the Improvement Fund, if the Project has not been completed as of the date of such transfer, or if the Project has been completed, to the Bond Fund to be used for the payment of the principal of and interest on the Bonds in accordance with Section 4.02.
(D) Transfer for Rebate Purposes. Investment earnings on amounts in the Reserve Fund may be withdrawn from the Reserve Fund for purposes of making payment to the federal government to comply with Section 6.02.
(E) Transfer When Balance Exceeds Outstanding Bonds. Whenever the balance in the Reserve Fund exceeds the amount required to redeem or pay the Outstanding Bonds, including interest accrued to the date of payment or redemption and premium, if any, due upon redemption, and after making any transfer required under Section 4.03(D) above and upon receipt of an Officer’s Certificate directing it to do so, the Fiscal Agent shall transfer the amount in the Reserve Fund to the Bond Fund to be applied, on the next succeeding Interest Payment Date to the payment and redemption, in accordance with Section 4.02 or 2.03 as applicable, of all of the Outstanding Bonds. In the event that the amount so transferred from the Reserve Fund to the Bond Fund exceeds the amount required to pay and redeem the Outstanding Bonds, the balance in the Reserve Fund shall be transferred to the City, after payment of any amounts due the Fiscal Agent hereunder, to be used for any lawful purpose of the City.
Notwithstanding the foregoing, no amounts shall be transferred from the Reserve Fund pursuant to this Section 4.03(E) until after the calculation, pursuant to Section 6.02, of any amounts due to the federal government following payment of the Bonds and wit hdrawal of any such amount under Section 4.03(D) for purposes of making such payment to the federal government, and payment of any fees and expenses due to the Fiscal Agent.
(F) Investment. Moneys in the Reserve Fund shall be invested and deposited in accordance with Section 6.01. Interest earnings and profits resulting from the investment of moneys in the Reserve Fund and other moneys in the Reserve Fund will remain therein until the balance exceeds the Reserve Requirement; any amounts in excess of the Reserve Requirement will be transferred to the Improvement Fund, if the Project has not been completed, or if the Project has been completed, to the Bond Fund to be used for the payment of the principal of and interest on the Bonds secured by the Reserve Fund.
ITEM 16.2.
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26 ARTICLE V
OTHER COVENANTS OF THE CITY
Section 5.01. Punctual Payment. The City will punctually pay or cause to be paid the principal of, and interest and any premium on, the Bonds when and as due in strict conformity with the terms of this Agreement, and it will faithfully observe and perform all of the conditions covenants and requirements of this Agreement and all Supplemental Agreements and of the Bonds.
Section 5.02. Limited Obligation. The Bonds are limited obligations of the City on behalf of Improvement Area No. 2 of the District and are payable solely from and secured solely by the Special Tax Revenues and the amounts in the Bond Fund, the Reserve Fund and the Special Tax Fund created hereunder.
Section 5.03. Extension of Time for Payment . In order to prevent any accumulation of claims for interest after maturity, the City shall not, directly or indirectly, extend or consent to the extension of the time for the payment of any claim for interest on any of the Bonds and shall not, directly or indirectly, be a party to the approval of any such arrangement by purchasing or funding said claims for interest or in any other manner. In case any such claim for interest shall be extended or funded, whether or not with the consent of the City, such claim for interest so extended or funded shall not be entitled, in case of default hereunder, to the benefits of this Agreement, except subject to the prior payment in full of the principal of all of the Bonds then Outstanding and of all claims for interest which shall not have been so extended or funded.
Section 5.04. Against Encumbrances. The City will not encumber, pledge or place any charge or lien upon any of the Special Tax Revenues or other amounts pledged to the Bonds superior to or on a parity with the pledge and lien herein created for the benefit of the Bonds, except as permitted by this Agreement.
Section 5.05. Books and Accounts. The City will keep, or cause to be kept, proper books of record and accounts, separate from all other records and accounts of the City, in which complete and correct entries shall be made of all transactions relating to the expenditure of amounts disbursed from the Special Tax Fund and to the Special Tax Revenues. Such books of record and accounts shall at all times during business hours be subject to the inspection of the Owners of not less than ten percent (10%) of the principal amount of the Bonds then Outstanding, or their representatives duly authorized in writing.
The Fiscal Agent will keep, or cause to be kept, proper books of record and accounts, separate from all other records and accounts of the Fiscal Agent, in which complete and correct entries shall be made of all transactions of the Fiscal Agent relating to the expenditure of amounts disbursed from funds and accounts held by the Fiscal Agent hereunder. Such books of record and accounts shall at all times during business hours and upon reasonable prior notice, be subject to the inspection of the City and the Owners of not less than ten percent (10%) of the principal amount of the Bonds then Outstanding, or their representatives duly authorized in writing.
Section 5.06. Protection of Security and Rights of Owners . The City will preserve and protect the security of the Bonds and the rights of the Owners, and will warrant and defend their rights against all claims and demands of all persons. From and after the delivery of any of the Bonds by the City, the Bonds shall be incontestable by the City.
ITEM 16.2.
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27 Section 5.07. Compliance with Law; Completion of Project. The City will comply with all applicable provisions of the Act and the law in completing the acquisition and construction of the Project; provided that the City shall have no obligation to advance any funds to complete the Project in excess of the amounts available therefor in the Improvement Fund.
Section 5.08. Private Activity Bond Limitation. The City shall assure that the proceeds of the Bonds are not so used as to cause the Bonds to satisfy the private business tests of Section 141(b) of the Code or the private loan financing test of Section 141(c) of the Code.
Section 5.09. Federal Guarantee Prohibition. The City shall not take any action or permit or suffer any action to be taken if the result of the same would be to cause any of the Bonds to be “federally guaranteed” within the meaning of Section 149(b) of the Code.
Section 5.10. Collection of Special Tax Revenues . The City shall comply with all requirements of the Act so as to assure the timely collection of Special Tax Revenues, including without limitation, the enforcement of delinquent Special Taxes.
On or within five Business Days of each June 1, the Fiscal Agent shall provide the Administrative Services Director with a notice stating the amount then on deposit in the Bond Fund and the Reserve Fund. The receipt of such notice by the Administrative Se rvices Director shall in no way affect the obligations of the Administrative Services Director under the following two paragraphs. Upon receipt of such notice, the Administrative Services Director shall ascertain the relevant parcels on which the Special Taxes are to be levied, taking into account any parcel splits during the preceding and then current year.
The City shall effect the levy of the Special Taxes each Fiscal Year in accordance with the Ordinance such that the computation of the levy is complete before the final date on which the County Auditor will accept the transmission of the Special Tax amount s for the parcels within Improvement Area No. 2 for inclusion on the next secured real property tax roll. Upon the completion of the computation of the amounts of the levy, the City shall prepare or cause to be prepared, and shall transmit to the Administ rative Services Director, such data as the County Auditor requires to include the levy of the Special Taxes on the next secured real property tax roll.
The City shall fix and levy the amount of Special Taxes within Improvement Area No. 2 required for the payment of principal of and interest on any Outstanding Bonds becoming due and payable during the ensuing year, including any necessary replenishment or expenditure of the Reserve Fund for the Bonds and an amount estimated to be sufficient to pay the Administrative Expenses during such year, all in accordance with the Rate and Method and the Ordinance.
The Special Taxes shall be payable and be collected in the same manner and at the same time and in the same installment as the general taxes on real property are payable, and have the same priority, become delinquent at the same times and in the same proportionate amounts and bear the same proportionate penalties and interest after delinquency as do the general taxes on real property. Notwithstanding the foregoing, the Special Taxes may be collected in such other manner as the City shall prescribe if necessary to pay the debt service on the Bonds.
Section 5.11. Further Assurances. The City will adopt, make, execute and deliver any and all such further resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of this Agreement, and for the better as suring and confirming unto the Owners of the rights and benefits provided in this Agreement.
ITEM 16.2.
ATTACHMENT 2
28 Section 5.12. No Arbitrage. The City shall not take, or permit or suffer to be taken by the Fiscal Agent or otherwise, any action with respect to the gross proceeds of the Bonds which if such action had been reasonably expected to have been taken, or had been deliberately and intentionally taken, on the Closing Date would have caused the Bonds to be “arbitrage bonds” within the meaning of Section 148 of the Code and Regulations.
Section 5.13. Maintenance of Tax-Exemption. The City shall take all actions necessary to assure the exclusion of interest on the Bonds from the gross income of the Owners of the Bonds to the same extent as such interest is permitted to be excluded from gross income under the Code as in effect on the date of issuance of the Bonds.
Section 5.14. Annual State Reports . The following requirements shall apply to the Bonds:
(A) Annual Reporting. Not later than October 30 of each calendar year, beginning with the October 30 first succeeding the date of the Bonds, and in each calendar year thereafter until the October 30 following the final maturity of the Bonds, the Administrative Services Director shall prepare and supply the California Debt and Investment Advisory Commission, by mail, postage prepaid, with the information required under Section 53359.5(c) of the Act. The annual reporting shall be made using such form or forms as may be prescribed by CDIAC.
(B) Other Reporting. If within 10 days prior to any Interest Payment Date it appears to the Fiscal Agent that there is a danger of deficiency in the Bond Fund and that the Fiscal Agent may be unable to pay regularly scheduled debt service on the Bonds in a timely manner or if the Fiscal Agent is unable to pay principal, interest and premium, if any, due on any Interest Payment Date for the Bonds due to insufficient funds in the Bond Fund, or if funds are withdrawn from the Reserve Fund to pay principal and/or interest on the Bonds, the Administrative Services Director shall make the reports required under Section 4.02(D) hereof.
(C) Amendment. The reporting requirements of this Section 5.14 shall be amended from time to time, without action by the City or the Fiscal Agent, to reflect any amendments to Section 53359.5(b) or Section 53359.5(c) of the Act.
(D) No Liability . None of the City and its officers, agents and employees, the Administrative Services Director or the Fiscal Agent shall be liable for any inadvertent error in reporting the information required by this Section 5.14.
Section 5.15. Covenant to Foreclose. The City hereby covenants with and for the benefit of the Owners of the Bonds that it will annually on or before September 1 of each year review the public records of the County of Sacramento relating to the collection of the Special Tax in order to determine the amount of the Special Tax collected in the prior Fiscal Year, and if the City determines on the basis of such review that the amount so collected is deficient it will enforce the lien of the Special Taxes by commencing, or cause to be commenced, foreclosure proceedings to judgment and sale in such manner and upon such timing as advised by legal counsel, taking into account the amounts delinquent, the estimate cost of legal proceedings, the status of Special Tax collections and available debt serv ice reserves, under the following circumstances:
ITEM 16.2.
ATTACHMENT 2
29 (a) if the amount so collected is deficient by more than 5% of the total amount of the Special Tax levied in such Fiscal Year, it will enforce the lien on all delinquent parcels; or
(b) if property owned by any single property owner in Improvement Area No. 2 is delinquent on f our or more consecutive semi- annual Special Tax installments (irrespective of the total delinquencies in Improvement Area No. 2) it will enforce the lien against such property.
Additionally, notwithstanding any of the foregoing, in certain instances the amount of a Special Tax delinquency on a particular parcel in relation to the cost of appropriate foreclosure proceedings may be such that the costs do not warrant the foreclosure proceedings costs. In such cases, foreclosure proceedings may be delayed by the City until there are sufficient Special Tax delinquencies accruing to such parcel (including interest and penalties thereon) to warrant the cost of such foreclosure proceedings.
Section 5.16. Continuing Disclosure to Owners. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate.
Notwithstanding any other provision of this Agreement, failure of the City to comply with the Continuing Disclosure Ce rtificate shall not be considered a default hereunder; however, any Participating Underwriter or any holder or beneficial owner of the Bonds may take such actions as may be necessary and appropriate to compel performance by the City of its obligation s thereunder, including seeking mandate or specific performance by court order.
Section 5.17. No Additional Bonds. The City covenants not to issue Additional Bonds payable from Special Taxes and by the Special Tax Revenues equally and ratably with Bonds previously issued, except that the City may issue bonds to refund all or part of the Bonds . The City may also issue bonds secured by Special Taxes on a subordinate basis to the pledge of Special Taxes for payment of the Bonds.
Section 5.18. Yield of the Bonds. In determining the yield of the Bonds to comply with Section 5.13 and 6.02 hereof, the City will take into account optional and mandatory prepayment redemption (including premium, if any) in advance of maturity based on the reasonable expectations of the City, as of the Closing, without regard to whether or not redemption moneys are received or Bonds are redeemed.
ITEM 16.2.
ATTACHMENT 2
30 ARTICLE VI
INVESTMENTS; DISPOSITION OF INVESTMENT PROCEEDS;
LIABILITY OF THE CITY
Section 6.01. Deposit and Investment of Moneys in Funds. Subject in all respects to the provisions of Section 6.02, moneys in any fund or account created or established by this Agreement and held by the Fiscal Agent, shall be invested by the Fiscal Agent in Permitted Investments, as directed pursuant to an Of ficer’s Certificate filed with the Fiscal Agent at least two (2) Business Days in advance of the making of such investments. In the absence of any such Officer’s Certificate, the Fiscal Agent shall invest any such moneys in Permitted Investments described in clause (vii) of the definition thereof which by their terms mature prior to the date on which such moneys are required to be paid out hereunder. Subject in all respects to the provisions of Section 6.02, moneys in any fund or account created or establ ished by this Agreement and held by the Administrative Services Director shall be invested by the Administrative Services Director in any lawful investments that the City may make, which by their terms mature prior to the date on which such moneys are required to be paid out hereunder. Obligations purchased as an investment of moneys in any fund shall be deemed to be part of such fund or account, subject, however, to the requirements of this Agreement for transfer of interest earnings and profits resulting from investment of amounts in funds and accounts.
The Fiscal Agent or Administrative Services Director may act as principal or agent in the acquisition or disposition of any investment. Neither the Fiscal Agent nor the Administrative Services Director shall incur any liability for losses arising from any investments made pursuant to this Section. Any losses arising from any investments made pursuant to this Section shall be offset against interest earnings and profits retained in the same fund.
Except as otherwise provided in the next sentence, all investments of amounts deposited in any fund or account created by or pursuant to this Agreement, or otherwise containing gross proceeds of the Bonds (within the meaning of Section 148 of the Code), shall be acquired, disposed of, and valued (as of the date that valuation is required by this Agreement or the Code) at Fair Market Value. For purposes of any Fair Market Value determination hereunder, the Fiscal Agent shall be entitled to conclusively rely on an Officer’s Certificate of the City and shall be fully protected in relying thereon. Investments in funds or accounts (or portions thereof) that are subject to a yield restriction under applicable provisions of the Code and (unless valuation is undertaken at least annually) investments in the Reserve Fund shall be valued at their present value (within the meaning of Section 148 of the Code).
Investments in any and all funds and accounts may be commingled in a separate fund or funds for purposes of making, holding and disposing of investments, notwithstanding provisions herein for transfer to or holding in or to the credit of particular funds o r accounts of amounts received or held by the Fiscal Agent or the Administrative Services Director hereunder, provided that the Fiscal Agent or the Administrative Services Director, as applicable, shall at all times account for such investments strictly in accordance with the funds and accounts to which they are credited and otherwise as provided in this Agreement.
The Fiscal Agent or the Administrative Services Director, as applicable, shall sell or present for redemption, any investment security whenever it shall be necessary to provide moneys to meet any required payment, transfer, withdrawal or disbursement from the fund or account to which such investment security is credited and neither the Fiscal Agent nor the ITEM 16.2.
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31 Administrative Services Director shall be liable or responsible for any loss resulting from the acquisition or disposition of such investment security in accordance herewith.
The City acknowledges that to the extent regulations of the Comptroller of the Currency or other applicable regulatory entity grant the City the right to receive brokerage confirmations of security transactions as they occur, the City specifically waives r eceipt of such confirmations to the extent permitted by law. The Fiscal Agent will furnish the City periodic cash transaction statements which include detail for all investment transactions made by the Fiscal Agent hereunder.
Section 6.02. Rebate of Excess Investment Earnings to the United States . The City covenants to calculate and rebate to the federal government, in accordance with the Regulations, excess investment earnings to the extent required by Section 148(f) of the Code.
The City shall notify the Fiscal Agent of any amounts determined to be due to the federal government, and the Fiscal Agent shall, upon receipt of an Officer’s Certificate of the City, withdraw such amounts from the Reserve Fund pursuant to Section 4.03(D), and pay such amounts to the federal government as required by the Code and the Regulations. In the event of any shortfall in amounts available to make such payments under Section 4.03(D), the Fiscal Agent shall notify the Administrative Services Director in writing of the amount of the shortfall and the Administrative Services Director shall make such payment from any amounts available in the Special Tax Fund. Any fees or expenses incurred by the Fiscal Agent or the City under or pursuant to this Section 6.02 shall be Administrative Expenses.
In order to provide for the administration of this Section 6.02, the City may provide for the employment of independent attorneys, accountants and consultants compensated on such reasonable basis as the City may deem appropriate.
Section 6.03. Limited Obligation. The City’s obligations hereunder are limited obligations of the City on behalf of Improvement Area No. 2 of the District and are payable solely from and secured solely by the Special Tax Revenues and the amounts in the Special Tax Fund, the Bond Fund and the Reserve Fund created hereunder.
ITEM 16.2.
ATTACHMENT 2
32 ARTICLE VII
THE FISCAL AGENT
Section 7.01. Appointment of Fiscal Agent . U.S. Bank Trust Company, National Association, at its Principal Office, is hereby appointed Fiscal Agent for the Bonds. The Fiscal Agent undertakes to perform such duties, and only such duties, as are specifically set forth in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Fiscal Agent.
Any company into which the Fiscal Agent may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party or any company to which the Fiscal Agent may sell or transfer all or substantially all of its corporate trust business, provided such company shall be eligible under the following paragraph of this Section, shall be the successor to such Fiscal Agent without the execution or filing of any paper or any further act, anything herein to the contrary notwithstanding.
The City may remove the Fiscal Agent initially appointed, and any successor thereto, and may appoint a successor or successors thereto, but any such successor shall be a bank or trust company having a combined capital (exclusive of borrowed capital) and surplus of at least $50,000,000, including, for such purpose, the combined capital and surplus of any parent holding company, and subject to supervision or examination by federal or state authority. If such bank or trust company publishes a report of condition at least annually, pursuant to la w or to the requirements of any supervising or examining authority above referred to, then for the purposes of this Section 7.01, combined capital and surplus of such bank or trust company shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published.
The Fiscal Agent may at any time resign by giving written notice to the City and by giving to the Owners notice by mail of such resignation. Upon receiving notice of such resignation, the City shall promptly appoint a successor Fiscal Agent by an instrument in writing. Any resignation or removal of the Fiscal Agent shall become effective upon acceptance of appointment by the successor Fiscal Agent.
If no appointment of a successor Fiscal Agent shall be made pursuant to the foregoing provisions of this Section within 30 days after the Fiscal Agent shall have given to the City written notice or after a vacancy in the office of the Fiscal Agent shall ha ve occurred by reason of its inability to act, the Fiscal Agent or any Bondowner may apply to any court of competent jurisdiction to appoint a successor Fiscal Agent. Said court may thereupon, after such notice, if any, as such court may deem proper, appoint a successor Fiscal Agent.
Section 7.02. Liability of Fiscal Agent. The recitals of facts, covenants and agreements herein and in the Bonds contained shall be taken as statements, covenants and agreements of the City, and the Fiscal Agent assumes no responsibility for the correctness of the same, or makes any representations as to the validity or sufficiency of this Agreement or of the Bonds, or shall incur any responsibility in respect thereof, other than in connection with the duties or obligations herein or in the Bonds assigned to or imposed upon it. The Fiscal Agen t shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or willful default. The Fiscal Agent assumes no responsibility or liability for any information, statement or recital in any offering memorandu m or other disclosure material prepared or distributed with ITEM 16.2.
ATTACHMENT 2
33 respect to the issuance of the Bonds. The Fiscal Agent has no liability regarding the use of the proceeds from the purchase of the Bonds deposited in funds held by the City.
In the absence of bad faith, the Fiscal Agent may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon certificates or opinions furnished to the Fiscal Agent and conforming to the requirements of this Agreement, including all Officer’s Certificates of the City meeting such requirements; but in the case of any such certificates or opinions by which any provision hereof are specifically required to be furnished to the Fiscal Agent, the Fiscal Agent shall be under a duty to examine the same to determine whether or not they conform to the requirements of this Agreement. Except as provided above in this paragraph, the Fiscal Agent shall be protected and shall incur no liability in acting or proceeding, or in not acting or not proceeding, in good faith, reasonably and in accordance with the terms of this Agreement, upon any resolution, order, notice, request, consent or waiver, certificate, statement, affidavit, or other paper or document which it shall in good faith reasonably believe to be genuine and to have been adopted or signed by the proper person or to have been prepared and furnished pursuant to any provision of this Agreement, and the Fiscal Agent shall not be under any duty to make any investigation or inquiry as to any statements contained or matters referred to in any such instrument.
The Fiscal Agent shall not be liable for any error of judgment made in good faith by a responsible officer unless it shall be proved that the Fiscal Agent was negligent in ascertaining the pertinent facts.
No provision of this Agreement shall require the Fiscal Agent to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it.
The Fiscal Agent shall be under no obligation to exercise any of the rights or powers vested in it by this Agreement at the request or direction of any of the Owners pursuant to this Agreement unless such Owners shall have offered to the Fiscal Agent reaso nable security or indemnity against the costs, expenses and liabilities which might be incurred by it in compliance with such request or direction.
The Fiscal Agent may become the owner of the Bonds with the same rights it would have if it were not the Fiscal Agent.
Section 7.03. Information. The Fiscal Agent shall provide to the City such information relating to the Bonds and the funds and accounts maintained by the Fiscal Agent hereunder as the City shall reasonably request, including but not limited to quarterly statements reporting funds held and transactions by the Fiscal Agent.
Section 7.04. Notice to Fiscal Agent. The Fiscal Agent may rely and shall be protected in acting or refraining from acting upon any Officer’s Certificate, notice, resolution, request, consent, order, certificate, report, warrant, Bond or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or proper parties and given in accordance with the requirements hereof. The Fiscal Agent may execute any of the powers hereunder or perform any duties hereunder either directly or by or through agen ts or attorneys and the Fiscal Agent shall not be responsible for any misconduct or negligence on the part of any agent or attorney appointed with due care by it hereunder. The Fiscal Agent may consult with ITEM 16.2.
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34 counsel, who may be counsel to the City, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith and in accordance therewith.
The Fiscal Agent shall not be bound to recognize any person as the Owner of a Bond unless and until such Bond is submitted for inspection, if required, and his title thereto satisfactorily established, if disputed.
Whenever in the administration of its duties under this Agreement the Fiscal Agent shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of willful misconduct on the part of the Fiscal Agent, be deemed to be conclusively proved and established by a certificate of the City, and such certificate shall be full warrant to the Fiscal Agent for any action taken or suffered under the provisions of this Agreement or any Supplemental Agreement upon the faith thereof, but in its discretion the Fiscal Agent may, in lieu thereof, accept other evidence of such matter or may require such additional evidence as to it may seem reasonable.
Section 7.05. Compensation, Indemnification. The City shall pay to the Fiscal Agent, but only from Special Tax Revenues, from time to time reasonable compensation for all services rendered as Fiscal Agent under this Agreement, and also all reasonable expenses, charges, counsel fees and other disbursements, including those of their attorneys, agents and employees, incurred in and about the performance of their powers and duties under this Agreement, but the Fiscal Agent shall not have a lien therefor on any funds at any time held by it under this Agreement. The City further agrees, to the extent permitted by applicable law, and only from Special Tax Revenues as the source of funds, to indemnify and save the Fiscal Agent, its officers, employees, directors and agents harmless against any costs, claim s, expenses or liabilities, including, without limitation, fees and expenses of its attorneys which it may incur in the exercise and performance of its powers and duties hereunder which are not due to its negligence or willful misconduct. The obligation o f the City under this Section shall survive resignation or removal of the Fiscal Agent under this Agreement and payment of the Bonds and discharge of this Agreement.
ITEM 16.2.
ATTACHMENT 2
35 ARTICLE VIII
MODIFICATION OR AMENDMENT OF THIS AGREEMENT
Section 8.01. Amendments Permitted. This Agreement and the rights and obligations of the City and of the Owners of the Bonds may be modified or amended at any time by a Supplemental Agreement pursuant to the affirmative vote at a meeting of Owners, or with the written consent without a meeting, of the Owners of at least 60% in aggregate principal amount of the Bonds then Outstanding, exclusive of Bonds disqualified as provided in Section 8.04. No such modification or amendment shall (i) extend the maturity of any Bond or reduce the interest rate thereon, or otherwise alter or impair the obligation of the City to pay the principal of, and the interest and any premium on, any Bond, without the express consent of the Owner of such Bond, or (ii) permit the creation by the City of any pledge or lien upon the Special Taxes superior to or on a parity with the pledge and lien created for the benefit of the Bonds (except as otherwise permitted by the Act, the laws of the State of California or this Agreement), or reduce the percentage of Bonds required for the amendment hereof. No such amendment may modify any of the rights or obligations of the Fiscal Agent without its written consent.
This Agreement and the rights and obligations of the City and of the Owners may also be modified or amended at any time by a Supplemental Agreement, without the consent of any Owners, only to the extent permitted by law and only for any one or more of the following purposes:
(A) to add to the covenants and agreements of the City in this Agreement contained, other covenants and agreements thereafter to be observed, or to limit or surrender any right or power herein reserved to or conferred upon the City;
(B) to make modifications not adversely affecting any outstanding series of Bonds of the City in any material respect;
(C) to make such provisions for the purpose of curing any ambiguity, or of curing, correcting or supplementing any defective provision contained in this Agreement, or in regard to questions arising under this Agreement, as the City and the Fiscal Agent may deem necessary or desirable, and which shall not adversely affect the rights of the Owners of the Bonds; or
(D) to make such additions, deletions or modifications as may be necessary or desirable to assure compliance with Section 148 of the Code relating to required rebate of excess investment earnings to the United States or otherwise as may be necessary to assure exclusion from gross income for federal income tax purposes of interest on the Bonds or to conform with the Regulations;
(E) to facilitate the issuance of Additional Bonds, to the extent permitted by Section 5.17.
Section 8.02. Owners’ Meetings. The City may at any time call a meeting of the Owners.
In such event the City is authorized to fix the time and place of said meeting and to provide for the giving of notice thereof and to fix and adopt rules and regulations for the conduct of said meeting.
ITEM 16.2.
ATTACHMENT 2
36 Section 8.03. Procedure for Amendment with Written Consent of Owners. The City and the Fiscal Agent may at any time enter into a Supplemental Agreement amending the provisions of the Bonds or of this Agreement or any Supplemental Agreement, to the extent that such amendment is permitted by Section 8.01, to take effect when and as provided in this Section. A copy of such Supplemental Agreement, together with a request to Owners for their consent thereto, if such consent is required under Section 8.01, shall be mailed by first class mail, by the Fiscal Agent to each Owner o f Bonds Outstanding, but failure to mail copies of such Supplemental Agreement and request shall not affect the validity of the Supplemental Agreement when assented to as in this Section provided.
If consent of the Owners is required under Section 8.01, such Supplemental Agreement shall not become effective unless there shall be filed with the Fiscal Agent the written consents of the Owners of at least 60% in aggregate principal amount of the Bonds then Outstanding (exclusive of Bonds disqualified as provided in Section 8.04) and a notice shall have been mailed as hereinafter in this Section provided. Each such consent shall be effective only if accompanied by proof of ownership of the Bonds for whi ch such consent is given, which proof shall be such as is permitted by Section 9.04. Any such consent shall be binding upon the Owner of the Bonds giving such consent and on any subsequent Owner (whether or not such subsequent Owner has notice thereof) unless such consent is revoked in writing by the Owner giving such consent or a subsequent Owner by filing such revocation with the Fiscal Agent prior to the date when the notice hereinafter in this Section provided for has been mailed.
After the Owners of the required percentage of Bonds shall have filed their consents to the Supplemental Agreement, the City shall mail a notice to the Owners in the manner hereinbefore provided in this Section for the mailing of the Supplemental Agreement, stating in substance that the Supplemental Agreement has been consented to by the Owners of the required percentage of Bonds and will be effective as provided in this Section (but failure to mail copies of said notice shall not affect the validity of the Supplemental Agreement or consents thereto). Proof of the mailing of such notice shall be filed with the Fiscal Agent. A record, consisting of the papers required by this Section 8.03 to be filed with the Fiscal Agent, shall be proof of the matters therein stated until the contrary is proved. The Supplemental Agreement shall become effective upon the filing with the Fiscal Agent of the proof of mailing of such notice, and the Supplemental Agreement shall be deemed conclusively binding (except as otherwise herein above specifically provided in this Article) upon the City and the Owners of all Bonds at the expiration of 60 days after such filing, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in a legal action or equitable proceeding for such purpose commenced within such 60-day period.
Section 8.04. Disqualified Bonds. Bonds owned or held for the account of the City, excepting any pension or retirement fund, shall not be deemed Outstanding for the purpose of any vote, consent or other action or any calculation of Outstanding Bonds provided for in this Article VIII, and shall not be entitled to vote upon, consent to, or take any other action provided for in this Article VIII. Upon request, the City shall provide an Officer’s Certificate to the Fiscal Agent listing those Bonds which are disqualified pursuant to this Section 8.04.
Section 8.05. Effect of Supplemental Agreement . From and after the time any Supplemental Agreement becomes effective pursuant to this Article VIII, this Agreement shall be deemed to be modified and amended in accordance therewith, the respective rights, duties and obligations under this Agreement of the City and all Owners of Bonds Outstanding shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modifications and amendments, and all the terms and conditions of any such Supplemental ITEM 16.2.
ATTACHMENT 2
37 Agreement shall be deemed to be part of the terms and conditions of this Agreement for any and all purposes.
Section 8.06. Endorsement or Replacement of Bonds Issued After Amendments . The City may determine that Bonds issued and delivered after the effective date of any action taken as provided in this Article VIII shall bear a notation, by endorsement or otherwise, in form approved by the City, as to such action. In that case, upon demand of the Owner of any Bond Outstanding at such effective date and presentation of his Bond for that purpose at the Principal Office of the Fiscal Agent or at such other office as the City may select and designate for that purpose, a suitable notation shall be made on such Bond. The City may determine that new Bonds, so modified as in the opinion of the City is necessary to conform to such Owners’ action, shall be prepared, executed and delivered. In that case, upon demand of the Owner of any Bonds then Outstanding, such new Bonds shall be exchanged at the Principal Office of the Fiscal Agent without cost to any Owner, for Bonds then Outstanding, upon surrender of such Bonds.
Section 8.07. Amendatory Endorsement of Bonds . The provisions of this Article VIII shall not prevent any Owner from accepting any amendment as to the particular Bonds held by him, provided that due notation thereof is made on such Bonds.
Section 8.08. Opinion of Counsel Regarding Supplemental Agreement . The Fiscal Agent shall be furnished an opinion of counsel that any Supplemental Agreement entered into by the City and the Fiscal Agent complies with the provisions of this Article VIII, and the Fiscal Agent may conclusively rely upon such opinion.
ITEM 16.2.
ATTACHMENT 2
38 ARTICLE IX
MISCELLANEOUS
Section 9.01. Benefits of Agreement Limited to Parties . Nothing in this Agreement expressed or implied, is intended to give to any person other than the City, the Fiscal Agent and the Owners, any right, remedy, claim under or by reason of this Agreement. Any covenants, stipulations, promises or agreements in this Agreement contained by and on behalf of the City shall be for the sole and exclusive benefit of the Owners and the Fiscal Agent.
Section 9.02. Successor is Deemed Included in All References to Predecessor .
Whenever in this Agreement or any Supplemental Agreement either the City or the Fiscal Agent is named or referred to, such reference shall be deemed to include the successors or assigns thereof, and all the covenants and agreements in this Agreement con tained by or on behalf of the City or the Fiscal Agent shall bind and inure to the benefit of the respective successors and assigns thereof whether so expressed or not.
Section 9.03. Discharge of Agreement. If the City shall pay and discharge the entire indebtedness on all or any portion of the Bonds Outstanding in any one or more of the following ways:
(A) by well and truly paying or causing to be paid the principal of, and interest and any premium on, such Bonds Outstanding, as and when the same become due and payable;
(B) by depositing with the Fiscal Agent or other fiduciary, at or before maturity, money which, together with (in the event that all of the Bonds are to be defeased) the amounts then on deposit in the funds and accounts provided for in Sections 4.02 and
4.03, is fully sufficient to pay such Bonds Outstanding, including all principal, interest and redemption premiums; or
(C) by irrevocably depositing with the Fiscal Agent or other fiduciary, cash and Federal Securities in such amount as the City shall determine as confirmed by an independent certified public accountant will, together with the interest to accrue thereon and (in the event that all of the Bonds are to be defeased) moneys then on deposit in the fund and accounts provided for in Sections 4.02 and 4.03, be fully sufficient to pay and discharge the indebtedness on such Bonds (including all principal, interest and redemption premiums) at or before their respective maturity dates;
and if such Bonds are to be redeemed prior to the maturity thereof notice of such redemption shall have been given as in this Agreement provided or provision satisfactory to the Fiscal Agent shall have been made for the giving of such notice, then, at the election of the City, and notwithstanding that any Bonds shall not have been surrendered for payment, the pledge of the Special Taxes and other funds provided for in this Agreement and all other obligations of the City under this Agreement with respect to such Bonds Outstanding shall cease and terminate, except only the obligations of the City under Section 5.13 and to pay or cause to be paid to the Owners of the Bonds not so surrendered and paid all sums due thereon and all amounts owing to the Fiscal Agent pursuant to Section 7.05; and thereafter Special Taxes shall not be payable to the Fiscal Agent. Notice of such election shall be filed with the Fiscal Agent.
ITEM 16.2.
ATTACHMENT 2
39 Any funds thereafter held by the Fiscal Agent upon payments of all fees and expenses of the Fiscal Agent, which are not required for said purpose, shall be paid over to the City.
Section 9.04. Execution of Documents and Proof of Ownership by Owners. Any request, declaration or other instrument which this Agreement may require or permit to be executed by Owners may be in one or more instruments of similar tenor, and shall be executed by Owners in person or by their attorneys appointed in writing.
Except as otherwise herein expressly provided, the fact and date of the execution by any Owner or his attorney of such request, consent, declaration or other instrument, or of such writing appointing such attorney, may be proved by the certificate of any n otary public or other officer authorized to take acknowledgments of deeds to be recorded in the state in which he purports to act, that the person signing such request, declaration or other instrument or writing acknowledged to him the execution thereof, or by an affidavit of a witness of such execution, duly sworn to before such notary public or other officer.
Except as otherwise herein expressly provided, the ownership of registered Bonds and the amount, maturity, number and date of holding the same shall be proved by the registry books.
Any request, consent, declaration or other instrument or writing of the Owner of any Bond shall bind all future Owners of such Bond in respect of anything done or suffered to be done by the City or the Fiscal Agent in good faith and in accordance therewith.
Section 9.05. Waiver of Personal Liability. No member, officer, agent or employee of the City shall be individually or personally liable for the payment of the principal of, or interest or any premium on, the Bonds; but nothing herein contained shall relieve any such member, officer, agent or employee from the performance of any official duty provided by law.
Section 9.06. Notices to and Demands on City and Fiscal Agent. Any notice or demand which by any provision of this Agreement is required or permitted to be given or served by the Fiscal Agent to or on the City may be given or served by being deposited postage prepaid in a post office letter box, by overnight courie r or by facsimile (with receipt confirmed by telephone) addressed (until another address is filed by the City with the Fiscal Agent) as follows:
City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, California 95670
Attention: Administrative Services Director
Any notice or demand which by any provision of this Agreement is required or permitted to be given or served by the City to or on the Fiscal Agent may be given or served by being deposited postage prepaid in a post office letter box, by overnight courier or by facsimile (with receipt confirmed by telephone) addressed (until another address is filed by the Fiscal Agent with the City) as follows:
U.S. Bank Trust Company, National Association
1420 Fifth Avenue, 10th Floor
Seattle, Washington 98101
Attention: Global Corporate Trust
Fax: (206) 344-4630
ITEM 16.2.
ATTACHMENT 2
40 Section 9.07. Partial Invalidity. If any Section, paragraph, sentence, clause or phrase of this Agreement shall for any reason be held illegal or unenforceable, such holding shall not affect the validity of the remaining portions of this Agreement. The City hereby declares that it woul d have adopted this Agreement and each and every other Section, paragraph, sentence, clause or phrase hereof and authorized the issue of the Bonds pursuant thereto irrespective of the fact that any one or more Sections, paragraphs, sentences, clauses, or phrases of this Agreement may be held illegal, invalid or unenforceable.
Section 9.08. Unclaimed Moneys . Anything contained herein to the contrary notwithstanding, any moneys held by the Fiscal Agent in trust for the payment and discharge of the principal of, and the interest and any premium on, the Bonds which remains unclaimed for two (2) years after the date when the payments of such principal, interest and premium have become payable, if such moneys was held by the Fiscal Agent at such date, shall be repaid by the Fiscal Agent to the City as its absolute property free from any trust, and the Fiscal Agen t shall thereupon be released and discharged with respect thereto and the Bond Owners shall look only to the City for the payment of the principal of, and interest and any premium on, such Bonds.
Section 9.09. Applicable Law. This Agreement shall be governed by and enforced in accordance with the laws of the State of California applicable to contracts made and performed in the State of California.
Section 9.10. Conflict with Act. In the event of a conflict between any provision of this Agreement with any provision of the Act as in effect on the Closing Date, the provision of the Act shall prevail over the conflicting provision of this Agreement.
Section 9.11. Conclusive Evidence of Regularity . Bonds issued pursuant to this Agreement shall constitute conclusive evidence of the regularity of all proceedings under the Act relative to their issuance and the levy of the Special Taxes.
Section 9.12. Payment on Business Day. In any case where the date of the maturity of interest or of principal (and premium, if any) of the Bonds or the date fixed for redemption of any Bonds or the date any action is to be taken pursuant to this Agreement is other than a Business Day, the payment of interest or principal (and premium, if any) or the action need not be made on such date but may be made on the next succeeding day which is a Business Day with the same force and effect as if made on the date required and no interest shall accrue for the period from and after such date.
Section 9.13. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. The exchange of copies of this Agreement and of signature pages by facsimile or PDF transmission shall constitute effective execution and delivery of this Agreement as to the parties hereto and may be used in lieu of the original Agreement and signature pages for all purposes.
Section 9.14. U.S.A. Patriot Act . The City and the District acknowledge that in accordance with Section 326 of the U.S.A. Patriot Act, the Fiscal Agent, like all financial institutions and in order to help fight the funding of terrorism and money laundering, is required to obtain, verify, and record information that identifies each person or legal entity that establishes a relationship or opens an account with the Fiscal Agent. The City and the District agree that they will provide the Fiscal Agent with such information as it may request in order for the Fiscal Agent to satisfy the requirements of the U.S.A. Patriot Act.
ITEM 16.2.
ATTACHMENT 2