West Sacramento City Council
February 15, 2023

398
Y Rate City of West Sacramento
2022/2023 Classification Plan
Approved: 2/15/2023

POSITION TITLE
SALARY

EFFECTIVE

MONTHLY
SALARY
STEPS
ANNUAL
SALARY
Y - Rate MAXIMUM
Project Manager II - Y-Rate 8/27/22 $9,015 $108,180
Senior Maintenance Worker - Y-Rate 8/27/22 $5,820 $69,840 Senior Program Manager - Y-Rate 4/9/22 $11,878 $142,536

399

CITY COUNCIL AGENDA REPORT
MEETING DATE: February 15, 2023 ITEM # 19
SUBJECT:

CONSIDERATION OF AMENDMENT NO. 3 TO LEGAL SERVICES AGREEMENT WITH

KRONICK, MOSKOVITZ, TIEDEMAN & GIRARD
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ X ] Staff
[ ] Other
Jon Robinson, Deputy City Manager
City Manager’s Office
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The purpose of this report is to request that the City Council approve an amendment to the contract with Kronick, Moskovitz, Tiedeman & Girard (KMTG), the City’s contract legal counsel, to update the schedule of rates for services.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council approve and authorize the City Manager or his designee to execute Amendment No. 3 to the Legal Services Agreement with KMTG to update the schedule of rates for services, effective March 1, 2023.

BACKGROUND
KMTG has provided City Attorney services to the City since its incorporation in 1987. Since incorporation, the City has approved ten rate increases, the most recent of which occurred in 2019. KMTG has proposed a new rate increase, which is summarized in the Analysis section below.

ANALYSIS
To date, the Council has approved ten rate increases to KMTG’s original contract. The current rate structure has been in place since August, 2019. In 2011, the Council solicited proposals for legal services, and, after extensive review, chose to continue receiving services from KMTG. During its review process in 2011, KMTG had the lowest hourly rate.

KMTG provides the City a two-tiered rate structure. Direct services for which the City does not receive reimbursement are billed at a slightly lower rate than those services where there is a third-party reimbursement.

Staff has reviewed the contracts of five firms providing city attorney services to regional jurisdictions, and confirmed that KMTG’s proposed rates continue to be competitive. If the Council approves the recommended action, these rates will be updated pursuant to the amendment to the City’s legal services agreement with KMTG, included as Attachment 1.

Environmental Considerations
This action is not a project that is subject to CEQA because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment (Public Resources Code, § 21065; CEQA Guidelines §§ 15060 (c), 15378(a).)
400
Amendment to Legal Services Agreement with KMTG
February 15, 2022

Commission Recommendation
N/A
Strategic Plan Integration
The proposed rate increase is modest and supports the City’s mission to have a City Government that is Financial Sound.

Alternatives
The Council’s primary alternatives are summarized below:

1. Approve and authorize the City Manager or his designee to execute Amendment No. 3 to the Legal Services Agreement with KMTG to update the schedule of rates for services, effective March 1, 2023.

2. Direct staff to negotiate with KMTG on the Council’s behalf in order to arrive upon a different rate schedule, then present that for Council consideration at future meeting.

3. Decline to approve the proposed Schedule of Rates, and direct staff not to bring this item back for Council consideration.

Alternative 1 is staff’s recommendation. Staff is prepared to effectuate Alternative 2 at the Council’s direction; if the Council selects this option, staff requests specific direction about how the Council would like to see the proposed Schedule of Rates adjusted. Staff does not recommend Alternative 3.

Coordination and Review
This item was prepared by the City Manager’s Office, in collaboration with the Finance Department and the City Attorney.

Budget/Cost Impact
The recommended action will increase the hourly cost for City Attorney services as noted in the proposed Schedule of Rates. The budgetary impact of this increase depends on the City’s utilization of these services.

Based on historical usage patterns, staff anticipates that any net increase in City Attorney expenses can be handled from sources within the existing budget, so no new appropriation is requested at this time. If approved by the Council, the new Schedule of Rates will be used to project the City’s legal expenses for inclusion in the upcoming two-year budget.

ATTACHMENT

1. Amendment No. 3 to KMTG Agreement
401
KMTG Kronick, Moskovitz, Tiedemann & Girard Attachment 1 MC20-140 Legal Services, Amendment 3
Ongoing until Termination
AMENDMENT NO. 3
to the

CONTRACT FOR SERVICES
between the

CITY OF WEST SACRAMENTO
And

KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD (KMTG)
Dated July 20, 2011
This Amendment No. 3 to the Contract for Services between the City of West Sacramento (“the City”) and KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD (KMTG). (“the Contractor”) dated original contract date, is made and entered into this 15th day of February. Except as expressly amended herein, the July 20, 2011, Contract for Services is in full force and effect.

RECITALS
WHEREAS, the City and Contractor entered into the Contract for Services for Contractor to provide professional legal services the City; and
WHEREAS, KMTG has provided City Attorney services to the City of West Sacramento since incorporation and the contract is ongoing until termination; and WHEREAS, City Council approved amendment 1 to approve a new schedule of rates on December 13, 2017; and
WHEREAS, City Council approved amendment 2 to approve a new schedule of rates on July 7, 2019; and
WHEREAS, the City and Contractor desire to update the schedule of rates to reflect current rates; and
NOW, THEREFORE, IT IS MUTUALLY AGREED by parties hereto to amend said agreement as follows:

I. SCOPE OF SERVICES:

The scope of services as set forth in the Contract for Services dated July 20, 2011, shall remain the same.

II. SCHEDULE OF RATES:

Rates will be updated as outlined in the Schedule of Rates in Exhibit A.

CITY OF WEST SACRAMENTO
By:

Aaron Laurel, City Manager

KRONICK, MOSKOVITZ,TIEDEMANN & GIRARD (KMTG)
By:

Jeff Mitchell, City Attorney
402
KMTG Kronick, Moskovitz, Tiedemann & Girard Attachment 1 MC20-140 Legal Services, Amendment 3
Ongoing until Termination
ATTEST:

By: ________________________________________________________ Jennifer Cusmir, City Clerk
403
KMTG Kronick, Moskovitz, Tiedemann & Girard Attachment 1 MC20-140 Legal Services, Amendment 3
Ongoing until Termination
Exhibit A

SCHEDULE OF RATES
A. Direct Rates:

Shareholders/Of Counsel ................................................................ $270 Senior Associate .............................................................................. $260 Associates .........................................................................................$245 Paralegal/Law Clerk ......................................................................... $140 B. Reimbursable Rates:

Shareholders/Of Counsel ................................................................ $340 Senior Associate .............................................................................. $290 Associates ......................................................................................... $255 Paralegal/Law Clerk .......................................................................... $175 C. Expenses
Expenses, including mileage, long-distance telephone charges, photocopying and delivery charges, would also be billed. A detailed schedule of these charges can be provided upon request. Our usual billing procedure is to submit a monthly itemization of the time and services charged with the names of the attorneys and paralegals whose time is being billed. However, we have a highly sophisticated and flexible system which can produce statements specific to each client's billing needs.

D. Council Meetings
Attendance for (1) attorney at these meetings will be the rate of $540 or actual time at the applicable hourly rate for the attorney attending, whichever is less. 404

CITY COUNCIL AGENDA REPORT
MEETING DATE: February 15, 2023 ITEM # 20
SUBJECT:

CONSIDERATION OF RESOLUTION 23-7 PROCLAIMING A LOCAL EMERGENCY IN

RESPONSE TO SUCCESSIVE SEVERE WINTER STORMS AND ASSOCIATED IMPACTS INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ X ] Staff
[ ] Other
Doug Drozd, Government Affairs Manager
City Manager’s Office
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The objective of this item is to facilitate Council consideration of Resolution 23-7 proclaiming a local emergency in response to successive severe winter storms and associated impacts.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt Resolution 23-7 proclaiming a local emergency and authorizing the City Manager/Director of Emergency Services to take all actions necessary to carry out their powers and duties delineated in the City’s Municipal Code in order to protect the public health and welfare.

BACKGROUND
Beginning on December 27, 2022, a series of storm events with substantial rain and high winds impacted West Sacramento and greater Northern California. These severe weather events continued intermittently through much of January 2023. On January 4, 2023, Governor Newsom proclaimed a statewide state of emergency to support the ongoing response to these storms. Subsequently, on January 9, 2023, President Biden declared that a federal emergency exists in the State of California due to these storms and their impacts. The Yolo County Board of Supervisors ratified the County Administrator’s proclamation of a state of emergency on January 10, 2023.

Impacts in West Sacramento included localized flooding, erosion, widespread and sustained power outages, excessive debris, downed trees, and other damage to public infrastructure. The City’s Emergency Operations Center was activated over the course of several weeks to coordinate the City’s response to these issues.

Section 2.40.050 of the City’s Municipal Code names the City Manager as the Director of Emergency Services (Director). Further, Section 2.40.060 empowers the Director to proclaim a state of local emergency if the City Council is not in session. Whenever the Director proclaims a local emergency the City Council must ratify the proclamation within seven days in order for it to stay in effect.

On January 12, 2023, the Director determined it was necessary to proclaim a state of local emergency in response to these storms and their associated impacts, including infrastructure damage and response costs.

While proclaiming an emergency at that time assisted in immediate storm response, the main purpose was to ensure that the City would be able to seek reimbursement from the state and federal governments for damages and other response costs. The January 18, 2023 Council meeting was later canceled, meaning that the Council did not have an opportunity to ratify the local emergency. Thus, the local emergency expired on January 19, 2023.

ANALYSIS
Initially, staff believed it was not strictly necessary for the local emergency to continue due to the fact that federal, state, and county emergencies were already in effect that would allow the City to seek reimbursement for stormrelated costs. However, once staff understood the full scope of damages, expenses, and potential reimbursements, it became clear that having a local emergency proclamation in place would be advisable to ensure reimbursement. As such, staff believes it is appropriate to adopt Resolution 23-7 proclaiming a local emergency at this time.

If the Council approves Resolution 23-7, the local emergency will remain in place for 60 days unless rescinded or extended by the Council.

Environmental Considerations
Ratifying the declaration of a local emergency is not considered a project under the California Environmental Quality Act (CEQA), per Public Resources Code Section 21065. 405 Ratifying the Proclamation of Local Emergency
February 15, 2023

Commission Recommendation
N/A
Strategic Plan Integration
N/A
Alternatives
Staff has summarized the Council's primary alternatives below.

1. To adopt Resolution 23-7 proclaiming local emergency;

2. To adopt Resolution 23-7 proclaiming local emergency with directed revisions; or

3. To decline to adopt Resolution 23-7 proclaiming local emergency.

Staff is prepared to implement alternatives 1 and 2. Staff discourages alternative 3, as doing so would both hinder the City’s response to the severe storms and limit the City’s ability to seek reimbursement for costs associated with that response.

Coordination and Review
City Manager’s Office staff produced this report in coordination with the City Attorney’s Office and the Emergency Operations Center staff.

Budget/Cost Impact
There is no cost associated with the ratification of this proclamation. However, there may be costs associated with the City Manager/Director of Emergency Services’ actions under this delegated authority. Staff will report any such costs to the Council as required by the City’s Municipal Code. As noted above, the proclamation of a local emergency ensures the City’s ability to seek reimbursement, as eligible, from the state and federal government for costs incurred in response to the emergency.

ATTACHMENT
Resolution 23-7 Proclaiming a Local Emergency
406
Attachment 1
RESOLUTION 23-7

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO

PROCLAIMING A LOCAL EMERGENCY IN RESPONSE TO SUCCESSIVE SEVERE

WINTER STORMS AND ASSOCIATED IMPACTS
WHEREAS, the California Emergency Services Act, Chapter 7, of the California Government Code, commencing with § 8550 confers upon the governing bodies of the political subdivisions of this state emergency powers necessary to protect health and safety and preserve lives and property; and
WHEREAS, § 8630 of the California Government Code, states that "a local emergency may be proclaimed only by the governing body of a county, city and county, or city or by an official so designated by ordinance adopted by such governing body”; and WHEREAS, City of West Sacramento Municipal Code, Chapter 2.40 empowers the Director of Emergency Services to proclaim the existence or threatened existence of a Local Emergency when this City is affected or likely to be affected by a public calamity and the City Council is not in session, subject to ratification by the City Council within seven days and reaffirmation every 60 days thereafter until such a local emergency is terminated; and WHEREAS, beginning December 27, 2022, severe winter storms related to a series of atmospheric river systems struck California, bringing high winds, substantial precipitation, and river and urban flooding; and
WHEREAS, conditions of extreme peril to the safety of persons and property arose within the City of West Sacramento, including power outages, damages to private and public property due to high winds, multiple fallen trees, and damages to parks, roads, and other publicly owned infrastructure; and
WHEREAS, those storms continued intermittently throughout early January; and WHEREAS, on January 12, 2023, the Director of Emergency Services determined that the described conditions of extreme peril did warrant and necessitate the proclamation of the existence of a local emergency in the City of West Sacramento; and WHEREAS, this local emergency expired after seven days as the Council did not ratify the proclamation; and
WHEREAS, subsequently, staff determined it was necessary and advisable to reproclaim a local emergency to ensure the City is able to receive all eligible reimbursements from the state and federal governments for damages and emergency response expenses.

NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of West Sacramento proclaims a local emergency throughout the City, which shall be deemed to continue to exist for the next sixty (60) days or until terminated by the City Council of the City of West Sacramento; and,
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the Director of Emergency Services and the emergency organization of the City shall be those prescribed by state law, and by ordinance and resolutions of this City approved by the City Council, and any applicable emergency operations plans; and
407
Resolution 23-7
February 15, 2023

IT IS FURTHER ORDER that a copy of this proclamation be forwarded to the Director of the Governor's Office of Emergency Services.

PASSED AND ADOPTED this 15th day of February, 2023 by the following vote:

AYES:

NOES:

ABSENT:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
408

CITY COUNCIL AGENDA REPORT
MEETING DATE: February 15, 2023 ITEM # 21
SUBJECT:

CONSIDERATION OF RESOLUTION 23-8 RESCINDING THE PROCLAMATION OF A LOCAL EMERGENCY IN RESPONSE TO THE COVID-19 PANDEMIC INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ X ] Staff
[ ] Other
Doug Drozd, Government Affairs Manager
City Manager’s Office
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The objective of this item is to facilitate the City Council’s consideration of Resolution 23-8, which would rescind the proclamation of a local emergency in response to the global novel coronavirus disease (COVID-19) pandemic.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt Resolution 23-8 rescinding the proclamation of a local emergency in response to the COVID-19 pandemic.

BACKGROUND
On March 16, 2020, the City Manager/Director of Emergency Services proclaimed a state of local emergency in response to the global COVID-19 pandemic under the authority granted by City Code, Chapter 2.40. At its March 18, 2020 meeting, the Council adopted Resolution 20-29 ratifying the proclamation of a local emergency by the City Manager/Director of Emergency Services (Attachment 1). The proclamation required that the City Council reaffirm the state of local emergency every sixty days thereafter to stay in effect. Subsequently, the Council reaffirmed the proclamation at its May 13, July 8, and September 2, 2020 meetings.

At its November 4, 2020 meeting, the Council reaffirmed the proclamation of a local emergency, extending it until one of the following occurred: 1) the Governor’s Proclamation of Emergency expired; 2) the City, by itself or with Yolo County, was determined by the State of California to be at minimal risk of community disease transmission; or, 3) the City Council acted to terminate or replace the city proclamation based upon a proposal placed on the agenda by majority Council support pursuant to the standard protocol for future agenda items submitted in writing by one or more members.

As it became clear that Yolo County would advance to a minimal risk of transmission tier, the Council adopted resolution 21-33 at its April 21, 2021 meeting, extending the proclamation of a local emergency so that it would stay in effect until the Council adopted a resolution to rescind it (Attachment 2). At that time, the City was still seeking reimbursement for various COVID-19-related expenses as well as coordinating emergency response to the pandemic in the form of ongoing testing and vaccine distribution.

Since that time, the City’s emergency response activities have for the most part ceased. Additionally, the City has submitted all claims for reimbursement from the state and federal governments that require a proclamation to remain in effect. All City services have long since returned to normal operations.

Subsequently, in October 2022, Governor Newsom announced that the state-wide COVID-19 state of emergency will end on February 28, 2023.

ANALYSIS
Given the current conditions, staff recommends that the City Council adopt Resolution 23-8, which would rescind the state of local emergency in parallel with the Governor’s termination of the state-wide state of emergency on February 28, 2023. The primary rationale for this recommendation is that the proclamation of local emergency is no longer necessary for the City’s pandemic response efforts nor for the receipt of reimbursement for costs incurred in response to the pandemic. Furthermore, adopting this resolution will align the City with the State of California’s actions.

Environmental Considerations
Rescinding the proclamation of a local emergency is not a project under the California Environmental Quality Act (CEQA), per Public Resources Code Section 21065.
409
Resolution 23-8 Rescinding the Proclamation of Local Emergency February 15, 2023

Commission Recommendation
N/A
Strategic Plan Integration
N/A
Alternatives
Staff has summarized the City Council's primary alternatives below.

1. To adopt Resolution 23-8, rescinding the proclamation of a state of local emergency;

2. To adopt Resolution 23-8, rescinding the proclamation of a state of local emergency with directed revisions; or,

3. To decline adopt Resolution 23-8, rescinding the proclamation of a state of local emergency.

Alternative 1 is staff’s recommendation. Staff is prepared to implement Alternative 2, but cautions the Council on any substantive changes to the resolution due to the precise laws governing emergency declarations. Staff discourages Alternative 3 as the existing conditions no longer necessitate a proclamation of local emergency.

Coordination and Review
City Manager’s Office staff produced this report in coordination with the City Attorney’s Office, Finance Department, and Emergency Operations Center staff.

Budget/Cost Impact
There are no budget or cost impacts associated with Resolution 23-8. As noted, there are no further City expenses related to the COVID-19 pandemic that are eligible for reimbursement from the state or federal government.

ATTACHMENT

1. Resolution 20-29 Proclaiming a Local Emergency Due to the COVID-19 Pandemic

2. Resolution 21-33 Reaffirming and Extending the Local Emergency

3. Resolution 23-8 Rescinding the Proclamation of a Local Emergency 410
RESOLUTION 20-29

RATIFYING THE PROCLAMATION OF A LOCAL EMERGENCY IN RESPONSE TO THE GLOBAL COVID-19 OUTBREAK
WHEREAS, the California Emergency Services Act, Chapter 7, of the California Government Code, commencing with § 8550 confers upon the governing bodies of the political subdivisions of this state emergency powers necessary to protect health and safety and preserve lives and property; WHEREAS, § 8630 of the California Government Code, states that "a local emergency may be proclaimed only by the governing body of a county, city and county, or city or by an official so designated by ordinance adopted by such governing body"; WHEREAS, City of West Sacramento Municipal Code, Chapter 2.40 empowers the Director of Emergency Services to proclaim the existence or threatened existence of a Local Emergency when this City is affected or likely to be affected by a public calamity and the City Council is not in session, subject to ratification by the City Council within seven days and reaffirmation every 60 days thereafter until such local emergency is terminated; and, WHEREAS, the Centers for Disease Control and Prevention (CDC) considers the novel coronavirus (COVID-19) to be a very serious public health threat with outcomes ranging from mild sickness to severe illness and death; and
WHEREAS, COVID-19 is easily transmissible from person to person and has spread globally to over 118 countries, infected more than 125,000, and killed more than 4,000 individuals as of March 13, 2020 per the World Health Organization; and
WHEREAS, on January 31, 2020, the United States Department of Public Health and Human Services Secretary Alex Azar declared a public emergency for COVID-19 beginning on January 27, 2020;and
WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a state of emergency in the State of California due to the number of confirmed cases of COVID-19 in the State; and WHEREAS, on March 10, 2020, the Board of Supervisors of Yolo County ratified and extended the County's Director of Emergency Services' declaration and proclamation of a local health emergency; and
WHEREAS, on March 11, 2020, the World Health Organization declared the COVID-19 outbreak a global pandemic; and
WHEREAS, on March 12, 2020, Governor Newsom issued Executive Order N-25-20, ordering that residents are to heed any orders and guidance of state and local public health officials to control the spread of COVI D-19; and
WHEREAS, on March 13, 2020, President Trump issued a declaration of national emergency concerning COVI D-19; and
WHEREAS, the health, safety, and welfare of West Sacramento residents, businesses, visitors, and staff is of utmost importance to the City, and additional future measures may be needed to protect the community; and
193584 7 .2 7203-001 1
Attachment 1
411
WHEREAS, the Director of Emergency Services of the City of West Sacramento has found that conditions qualifying as a "local emergency" (as defined in California Government Code Section 8558) have arisen within this City, caused by COVID-19, commencing on or about March, 13, 2020; and,
WHEREAS, on March 16, 2020 the Director of Emergency Services determined that the aforesaid conditions warranted and necessitated that he proclaim the existence of a local emergency.

NOW, THEREFORE, IT IS HEREBY RATIFIED that a local emergency now exists throughout this City;
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the Director of Emergency Services and the emergency organization of the City shall be those prescribed by state law, and by ordinance and resolutions of this City approved by the City Council, and by the City of West Sacramento Emergency Operations Plan, as approved by the City Council; and,
IT IS FURTHER PROCLAIMED AND ORDERED that in the event the Director is unavailable to attend meetings and otherwise perform duties during this emergency, that the order of succession shall be Amanda Berlin, Assistant City Manager; Steve Binns, Fire Chief; Robert Strange, Interim Police Chief; and Jon Robinson, Deputy City Manager.

IT IS FURTHER ORDERED that a copy of this proclamation be forwarded to the Director of the Governor's Office of Emergency Services.

PASSED AND ADOPTED this 18th day of March 2020 by the following vote:

AYES: Guerrero, Ledesma, Orozco, Sandeen, Cabaldon.

NOES: None.

ABSENT: None.

ATTEST:
4 ~-
Kryss ~ity Clerk
1935847.2 7203-001
C~don, Mayor
2 412
413
414
Attachment 3
1 RESOLUTION 23-8

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO

RESCINDING THE PROCLAMATION OF A LOCAL EMERGENCY IN RESPONSE TO THE COVID-19 PANDEMIC
WHEREAS, the California Emergency Services Act, Chapter 7, of the California Government Code, commencing with § 8550 confers upon the governing bodies of the political subdivisions of this state emergency powers necessary to protect health and safety and preserve lives and property; and
WHEREAS, Section 8630 of the California Government Code, states that “a local emergency may be proclaimed only by the governing body of a county, city and county, or city or by an official so designated by ordinance adopted by such governing body”; and WHEREAS, City of West Sacramento Municipal Code, Chapter 2.40 empowers the Director of Emergency Services to proclaim the existence or threatened existence of a Local Emergency when this City is affected or likely to be affected by a public calamity and the City Council is not in session, subject to ratification by the City Council within seven days and reaffirmation every 60 days thereafter until such a local emergency is terminated; and WHEREAS, on January 31, 2020, the United States Department of Public Health and Human Services declared a public emergency for COVID-19 beginning on January 27, 2020; and WHEREAS, on March 4, 2020, Governor Newsom declared a state of emergency in the State of California due to the number of confirmed cases of COVID-19 in the State; and WHEREAS, on March 10, 2020, the Board of Supervisors of Yolo County ratified and extended the County's Director of Emergency Services' declaration and proclamation of a local health emergency; and
WHEREAS, on March 16, 2020, the Director of Emergency Services determined that the aforesaid conditions of extreme peril warranted and necessitated that he proclaim the existence of a local emergency in the City of West Sacramento; and
WHEREAS, on March 18, 2020, the City Council reaffirmed this proclamation of a local emergency through the adoption of Resolution 20-29; and WHEREAS, on May 13, July 8, and September 2, 2020, the City Council reaffirmed the proclamation of a local emergency; and
WHEREAS, on November 4, 2020, the City Council reaffirmed that the proclamation of a local emergency would stay in effect until one of the following occurred: 1) the Governor’s Proclamation of Emergency expired; 2) the City, by itself or with Yolo County, was determined by the State of California to be at minimal risk of community disease transmission; or, 3) the City Council acted to terminate or replace the city proclamation, based upon a proposal placed on the agenda by majority council support pursuant to the standard protocol for future agenda items submitted in writing by one or more members; and
WHEREAS, on April 21, 2021, the City Council adopted Resolution 21-33 which reaffirmed the proclamation of a local emergency and further stipulated that it would stay in effect until the City Council acts to rescind it, replacing the Council’s prior actions and Resolution 20-29; and 415
Attachment 3
2 WHEREAS, increased vaccination rates have led to a substantial decrease in case numbers, hospitalizations, and deaths related to COVID-19; and
WHEREAS, these conditions allowed the City to return to normal operations; and WHEREAS, on October 27, 2022, Governor Newsom announced that the sate-wide COVID19 State of Emergency will end on February 28, 2023; and WHEREAS, a proclamation of a state of local emergency is no longer necessary to maintain City operations or to receive outside reimbursement for expenses incurred in response to the pandemic.

NOW, THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED that a local emergency no longer exists throughout this City and, as such, the City Council rescinds the proclamation of a state of local emergency effective February 28, 2023.

PASSED AND ADOPTED this 15th day of February, 2023 by the following vote:

AYES:

NOES:

ABSENT:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
416

CITY COUNCIL AGENDA REPORT
MEETING DATE: February 15, 2023 ITEM # 22
SUBJECT:

PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 23-1 PERTAINING TO PROPOSED AMENDMENTS TO TITLES 5 AND 17 OF THE WEST SACRAMENTO

MUNICIPAL CODE FOR RETAIL CANNABIS SALES AND MICROBUSINESSES INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[X] Council [ ] Staff
[ ] Other
David W. Tilley, Principal Planner
Andrea Ouse, AICP, Director
Community Development Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The purpose of this report is to facilitate City Council consideration of proposed Municipal Code amendments to permit and license retail cannabis sales (storefront and non-storefront) and microbusinesses.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Conduct the public hearing;
2) Find that the proposed amendments to the Titles 5 and 17 of the West Sacramento Municipal Code for retail cannabis sales and microbusinesses are exempt from further environmental review pursuant to Business and Professions Code Section 26055(H) and the “common sense” California Environmental Quality Act (CEQA) exemption set forth in CEQA Guidelines Section 15061(b)(3), and find that the exemptions reflects the independent judgment of the City as lead agency under CEQA; and 3) Waive first reading and read by title only, Ordinance 23-1 Amending, Repealing and Re-Enacting Municipal Code Chapter 5.28 (Cannabis Retail) and Amending Title 17 (Zoning) Pertaining to Retail Cannabis Sales and Microbusinesses.

BACKGROUND
Since 2010, West Sacramento has had a citywide prohibition on all forms of retail sales of cannabis. During this era, retail cannabis dispensaries were largely unregulated at the state level. In 2015, the California Legislature passed the Medical Cannabis Regulation and Safety Act (MCRSA), with subsequent modifications in the 2016 and 2017 budget trailer legislation. The 2015 and 2016 MCRSA created a new regulatory structure for the licensing and enforcement of medical cannabis commercial uses, including cultivation, manufacturing, distribution, testing, and retail. On November 8, 2016, California voters approved Proposition 64, known as the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA). AUMA legalized nonmedical cannabis use, possession, and cultivation by persons 21 years of age or older; the ballot measure passed in Yolo County with

60.5% of the vote (statewide it passed with 57.1%). It was also favored by 15 of the 17 voting precincts in West Sacramento at the time.

AUMA also created a regulatory framework for commercial nonmedical cannabis activities. With the majority vote passage, the provisions related to personal use, possession and cultivation of nonmedical cannabis went into effect on November 9, 2016. Commercial nonmedical cannabis activities also became legal on November 9, 2016. However, as neither the State licensing and regulatory framework nor the guidance provided to local governments had been developed at that time, the State had until January 1, 2018, to begin issuing licenses to commercial cannabis businesses. For context, there are currently over 25 State Department of Cannabis Control (DCC) licensing categories, with the major categories being defined as:
1) Cultivation: Including specialty cottage, specialty, small, medium, nursery and processor. 2) Manufacturing: Including volatile solvent manufacturing, non-volatile solvent manufacturing, infusion, packaging and labeling.
3) Distribution: Including distributor and “transport-only” distributor. 4) Testing laboratories.
5) Retail: Including storefront retailer and non-storefront retailer (delivery only). 6) Event licenses: Including event organizer (issued to the person) and temporary cannabis event (issued to the event).
7) Microbusinesses: cultivation up to 10,000 square feet, non-volatile extraction, distribution or transportonly, retail (storefront or non-storefront). 417
Retail Cannabis
February 15, 2023

Beginning in late 2015, the City started its initial foray into the regulation of cannabis businesses by approving a series of municipal code amendments, development agreements (DA), and conditional use permits for wholesale cannabis uses (cultivation, testing labs, manufacturing, and distribution). A key provision in each development agreement has been a revenue contribution to the City of between 2.5 and 5% of annual gross receipts depending on the nature of the operation. In the past six years, this has resulted in more than $1 million in City General Fund revenue. As of today, there are four wholesale cannabis businesses in operation city-wide, with more due to come online in 2023. The city continues to see a lot of interest from potential wholesale and retail operators that are well established in the industry.

At the Council’s strategic planning retreat in February 2021, staff presented an issue paper to consider retail cannabis sales and the Council placed the item on the 2021 policy agenda. At that time, the Council expressed an interest in exploring the potential for strategically expanding the opportunities for retail cannabis sales in West Sacramento to respond to market realities and augment City revenues.

Council Workshop (February 2, 2022)
At the workshop, the Council confirmed its openness to retail cannabis (storefront and non-storefront) and microbusinesses. The Council was generally supportive of staff’s proposed regulatory framework. The Council also confirmed that an equity component would be very important and did not specify a limit on the number of retail cannabis businesses. Given that a primary objective of the City’s foray into cannabis has been economic development, some Councilmembers expressed a desire to see storefront retail reinvigorate existing underperforming retail areas. Lastly, the Council expressed a preference that storefront retail businesses are not located within some proximity to schools and youth centers.

Staff’s research suggests that the retail cannabis market has expanded substantially since retail sales became legal. According to data collected by Marijuana Business Daily, an industry publication, during the protracted shutdowns during the COVID-19 pandemic, delivery services saw an unprecedented increase in customers, in some markets as high as 200% from 2019. Some of this can be attributed to ease of access and the lack of mobility of the customer base. However, recent data also shows that customers return to storefront retail outlets when pandemic restrictions ease. Surveys indicate that customers find the benefit a cannabis retail establishment provides is the interaction with a salesperson (known as a “budtender”) who is knowledgeable about the products. Overall, all retail cannabis sectors have shown growth but are still hamstrung by the black market. As of February 2022, more than 60% of California jurisdictions do not allow retail cannabis sales according to data on the Department of Cannabis Control’s website.

Typically, the market for cannabis retail businesses is the local community, rather than serving a regional or statewide market. Consequently, the number of retailers is somewhat proportional to the local population.

Consumer demand for cannabis is assumed to be constant (albeit growing), regardless of the legality of the business operation or the number of retailers. It is reasonable to conclude that more retailers would mean fewer customers for each business and lower gross receipts. The tax revenue generated by cannabis retailers is generally a function of the size of the market rather than the number of retailers.

As noted in the City’s General Fund Sustainability Strategy approved by the City Council on November 21, 2021, the permitting of retail cannabis sales is one of the revenue enhancement policies that could augment General Fund capacity by $1-2 million per year. At this time, that revenue is received by the City of West Sacramento through contributions by businesses in conformance with individual Development Agreements entered into by the businesses and the City. The other means of revenue collection would be through a voter-approved tax. In 2016, Davis voters approved a tax of up to 10% of gross receipts on non-medical (recreational) cannabis businesses. Since Fiscal Year 2018/19 to date, the City of Davis has received over $8 million in revenue from qualifying cannabis businesses1.

ANALYSIS
Proposed Ordinance 23-1 (see Attachment 1) would establish the framework for how the City will consider retail cannabis uses and microbusinesses, which will differ from how wholesale businesses have been regulated. Staff proposes that Development Agreements remain a requirement of the process; however, retailers and microbusinesses will be required to obtain an annual cannabis license from the City. The successful issuance of a City Cannabis License would be required prior to any required licensing issued by the DCC. 1 City of Davis OpenGov Financial Transparency Tool
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Staff further proposes that a hybrid competitive selection and lottery process for storefront retailers be employed to ensure that all qualified applicants have a fair chance at locating within the city.

Storefront Retail
Allowing for retail cannabis in areas traditionally associated with retail and commercial uses have the benefit of providing more visibility and pedestrian activity (or, “eyes on the street”). In West Sacramento, the traditional areas of commercial and retail uses include the Bridge District, 3rd and C Streets in Washington, the Central Business District, Riverbend, the Southport Town Center, and West Bridge Plaza. Market rents in these various locations and landlord receptiveness would most likely drive where storefront retail would locate, if ultimately approved by the City Council. Other areas of the city, such as the commercially zoned properties along Jefferson Boulevard in Southport and between 15th Street and Stone Boulevard may be considered as viable locations for retail storefront cannabis.

Staff has proposed establishing a zoning overlay in certain areas of the city where storefront retail could be considered (see Attachment 2, Proposed Cannabis Retail Storefront Overlay). Existing underlying zoning would remain unchanged, but the “Cannabis Overlay Zone” would not be constrained by the boundaries of a commercial zoning district; instead, it would provide the most optimal locations in the city where staff recommends retail cannabis businesses be located. The proposed “Cannabis Overlay Zones” are typically located in visible commercial and mixed-use areas and are not within 250 feet of “sensitive uses”, proposed to be defined as:
1) Schools with a minimum of 100 students (18 years of age or younger) enrolled; 2) commercial daycare facilities; and
3) youth community centers.

The proposed ordinance does not include martial arts studios, swim schools, music classes, painting classes, gymnastic studios, theatre companies, birthday party rooms, science and educational facilities, performing arts studios, and tutoring facilities within the definition of “sensitive uses”.

The Council’s general direction in February 2022 was to provide a balance between fostering a supportive economic and permitting environment for retail cannabis businesses and creating areas of overconcentration.

Staff has responded by proposing “Cannabis Overlay Zones” and minimal buffers between retail cannabis businesses and sensitive uses; however, the Council could choose to expand or reduce these criteria by expanding the geographic areas of the “Cannabis Overlay Zones” or expanding the distance between cannabis retail businesses and sensitive uses.

Selection Process. To provide an objective framework for the retail cannabis business application process, staff proposes to establish a hybrid selection process that involves an initial review and scoring process by a thirdparty consultant with expertise in cannabis. As currently proposed, the selection process would consist of an initial merit-based review of applications followed by a lottery consisting of those applications that have met the minimum qualifications identified in the application requirements. If approved, staff would prepare and release a Request for Proposals (RFP) to solicit proposals from potential storefront retail cannabis business operators.

Responses would be evaluated by a third-party cannabis consultant against objective criteria and scored. Staff anticipates the scoring criteria to include but not be limited to:
1) Business Plan
2) Labor and Local Diversity Plan
3) Neighborhood Compatibility Plan
4) Community Benefits and Investments Plan
5) Preliminary Safety and Security Plan
6) Odor Control and Waste Management Plan
7) Revenues
The RFP process would require retail cannabis business applicants to apply and receive a minimum score to be placed on the eligibility list to enter the lottery. Those applications selected in the lottery would then proceed to filing a formal application for a Development Agreement and, if approved, a City Cannabis License that would be reviewed and approved administratively.

Staff believes that the lottery concept, which would be by chance, is critical for the ultimate disposition of the retail cannabis program for several reasons. Staff anticipates receiving numerous applications once the City issues the RFP- more perhaps than could be processed at one time given other priorities and projects. It is possible that more than one applicant will be seeking the same location. It is also possible that more than one 419
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applicant would propose to locate where the recommended buffers from sensitive uses would limit the number of applicants that could operating in that area. The underlying point is that absent a lottery or similar random chance mechanism, if the City has to pick between applicants there is high risk for challenge. This has occurred in many other communities with applicants prevailing in some cases. If the City only receives a few applications and they are spread out geographically then the lottery would be moot. However, conventional wisdom suggests that the City may receive 15 or more applications and experienced operators are likely to pass muster with the initial scoring.

These approvals (City Cannabis License and Development Agreement) would be linked to each other, and a business could not operate without both being in good standing, as each requires an administrative annual review. The Cannabis License would provide the City with flexibility to review, assess and amend the license on an annual basis. Furthermore, the City Cannabis License is issued to an individual and not a land use entitlement.

A separate cannabis license is a model that is common in jurisdictions throughout the state, and annual administrative review of a City Cannabis License could allow for a review of the safety and security plan, provide for annual audits, renewals, minor revisions, etc.

Staff recommends that storefront retail licensees may also incorporate non-storefront retail (aka delivery) operations into their businesses, if deemed appropriate by the City Council.

Non-Storefront Retail (Delivery Only)
Staff is recommending businesses that are only non-storefront retail limit allowable locations to the Business Park zone and industrial zones (ML, M1, M2, M3). It should be noted that the City’s industrial zones are where existing and proposed wholesale cannabis businesses are located. Non-storefront retail may not require a large footprint, and typically requires secure parking to allow for safe transaction of products. Non-storefront licensees would not be permitted to incorporate storefront retail into their business operations. As noted above, staff recommends that storefront retail businesses that have been successful in obtaining a City Cannabis License be provided an option to also incorporate non-storefront retail into their existing business. To protect the safety of delivery staff, delivery vehicles are typically unmarked and may be equipped with GPS devices.

Microbusiness
A microbusiness may act as a retailer, distributor, manufacturer, and cultivator (on an area less than 10,000 square feet). According to the State Department of Cannabis Control (DCC), a microbusiness must engage in at least three of the following commercial cannabis business activities:
1) Storefront Retail
2) Non-Storefront Retail
3) Distribution
4) Distribution – Transport Only
5) Cultivation (less than 10,000 square feet)
6) Manufacturer
Staff is recommending that microbusinesses not be allowed to have a storefront retail component in West Sacramento; however, microbusinesses could propose a non-storefront (delivery) retail component, as these businesses typically are not public-facing, consistent with most distribution and manufacturing uses. Staff is recommending that microbusinesses be allowed in the Business Park (BP) zone and Industrial zones (ML, M-1, M-2, M-3).

Factors commonly discussed when considering retail cannabis uses Revenue
A significant issue for Council deliberation and direction to staff is the revenue contribution rate staff proposes to include in each DA. Cumulative taxes on retail cannabis can approach 30%, making it difficult for regulated cannabis businesses to compete with the entrenched black market. Regionally rates range between 4 and 15% with most being approximately 5%. The City of Sacramento’s cannabis tax is at 4% and is the closest city to West Sacramento where retail cannabis is allowed. Staff recommends that the revenue contribution rate on retail in West Sacramento remain competitive in the region in the range of 4-6%.

Security
A commonly stated perception among communities considering the regulation and licensing of storefront retail cannabis businesses is that the provision of these businesses would result in security and public safety risks, as 420
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there can be large amounts of cash and high-value product on-site. While cannabis companies are increasingly gaining access to traditional banking and the services such institutions provide, it remains illegal under Federal law to manufacture, distribute, or dispense cannabis. As such, legal cannabis businesses under State law have difficulty accessing federally guaranteed banking and credit services. Locating storefront retail dispensaries in high visibility areas coupled with an effective security plan to be reviewed and approved by the Police Chief or designee, would be a requirement of the licensing process and would provide a greater level of security than what is typical at a retail business.

Equity
During the State’s cannabis prohibition period, the number of arrests, convictions, and long-term consequences fell disproportionately on African American/Black and Latinx people. The consequences associated with cannabis law violations have created barriers for persons with prior convictions to enter the relatively new regulated cannabis industry.

In this context, equity can be considered as occurring when institutional racism and systemic disparities are eliminated and everyone is provided with equitable access to opportunity and resources to thrive, no matter where they live or how they identify. Cities throughout the nation have felt the effects of decades of inequity, including those associated with drug policies and enforcement. Many communities that have allowed storefront retail have incorporated equity provisions to assist individuals impacted by the War on Drugs in a disproportionate manner, especially in communities of color. Most of these programs have included direct loans, grants, and fee waivers to equity applicants; however, most programs have found limited or no success in creating successful cannabis businesses. It is through this lens that the City of West Sacramento advances the ideas of developing a vigorous cannabis equity program.

Staff proposes an Equity Pilot Program (EPP) that would be developed in detail after the Planning Commission provides input and the City Council provides direction. Elements of the EPP program could include, but may not be limited to, the following:
1) Technical assistance (e.g., hiring business and design consultants; tax credits and incentives, etc.) 2) Reduced or waived application fees
3) Reduced or waived revenue contribution
4) City acquiring a building and being a storefront retailer’s landlord 5) Preference to women-owned and/or minority-owned businesses 6) Hiring from targeted Census tracts
To promote equitable ownership and employment opportunities in the cannabis industry, as well as to decrease disparities in life outcomes for marginalized communities, the State established the Cannabis Equity Act (Equity Act), as amended by Assembly Bill (AB) 97. The Equity Act was signed into law in 2018 and aimed to repair some of the decades of harm done by the “War on Drugs”. The Department of Cannabis Control (DCC) entered into an interagency agreement with the State Governor’s Office of Business and Economic Development (GOBiz) to administer the Cannabis Equity Grants Program (Grants Program) to aid local jurisdictions in their program efforts to support equity applicants and licensees.

The purpose of the Grants Program is to advance economic justice for populations and communities adversely impacted by cannabis prohibition. Local jurisdictions are encouraged to develop and operate cannabis equity programs that focus on the inclusion and support of individuals and foster equitable access to licensure and business ownership in the regulated cannabis industry. Since the passage of the Equity Act, many cities around the State have received grant funding and established local equity programs for their licensing and permitting processes. Staff will pursue a $75,000 grant under this program in 2023 through the “Assistance for Equity Assessment/Program Development” funding type, to provide funding for staff and specialized consulting services necessary to develop a West Sacramento equity program, including a Cannabis Equity Study that would determine the specific demographic groups arrested at a disproportionate rate to their population within the City of West Sacramento. This is important data, as an arrest and a conviction often mean significantly reduced employment opportunities and life outcomes. The study will help determine what the various barriers to entry to begin a cannabis business are, these barriers could include: access to capital, access to real estate, regulatory fees, banking, among others. This data will be included in the City’s analysis for this Study and will provide a critical building block for the EPP.

The cannabis equity assessment will help inform the City’s existing local equity program. As the cannabis industry continues evolving, the City of West Sacramento believes in supporting equitable policies, finding ways to help those communities impacted by cannabis prohibition, and providing pathways for businesses to meet 421
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regulations and stay compliant is the best way to ensure West Sacramento’s cannabis business community creates local jobs, supports public health and safety, employs a diverse workforce, invests in their staff and their communities, and provides consumers with safe, legal options to purchase cannabis.

Public Outreach
Staff has presented high level overviews to the Chamber of Commerce three times (including most recently on February 14) on the retail program and has also communicated informally with potential retailers and landlords.

Staff consulted with DCC staff multiple times as well. Staff also mailed out approximately 4,000 public hearing notices for both the Planning Commission and City Council meetings.

Environmental Considerations
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), the proposed amendments to the Titles 5 and 17 of the West Sacramento Municipal Code for retail cannabis sales and microbusinesses do not constitute a “project” within the meaning of Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c)(2), 15060(c)(3) or 15378 because there is no potential that the activity will result in a reasonably foreseeable indirect or direct physical change in the environment. The approval of a regulatory framework used for the selection of certain cannabis operators in the City would not alter the underlying land uses (such as other manufacturing, light industrial or retail uses) that are currently permitted in the subject zoning districts without a cannabis use component. Subsequent applications for a commercial cannabis use would be subject to individual review under CEQA.

Moreover, even if the development of the regulatory framework did comprise a project for CEQA analysis, it falls within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” There is also no reasonable possibility that the activity would have a significant environmental effect due to unusual circumstances. Here, the proposed ordinance and basic procedural criteria would allow for a limited number of commercial cannabis businesses, which would not cause any significant impacts apart from underlying land uses that are already permitted in the subject zoning districts.

In addition, Business and Professions Code Section 26055(h) provides that CEQA does not apply to the adoption of an ordinance, rule, or regulation that requires discretionary review and approval of permits, licenses, or other authorizations to engage in commercial cannabis activity, as long as each subsequent discretionary approval involves applicable CEQA review. Therefore, the development of an RFP process to obtain the relevant City Cannabis License does not warrant further environmental review.

Commission Recommendation
The Planning Commission conducted a public hearing on November 17, 2022 and ultimately voted unanimously to approve Resolution 22-4PC (see Attachment 3), which recommends that the Council proceed with consideration of Ordinance 23-1. Public comment was received primarily from those already in the cannabis industry as retailers and/or consultants. These parties were supportive of West Sacramento opening to storefront retail cannabis sales.

The Commission added a few recommendations for Council consideration as part of its decision. Those are:

1. Add Riverpoint Marketplace to the draft overlay map.

2. Add other commercial areas as the Council sees fit.

3. Have the equity pilot program debut at the same time as the overall program.

4. Ensure that the overlay map is citywide and doesn’t limit retail to one part of the City.

Staff supports adding Riverpoint Marketplace to the overlay area. It is an existing retail area not in any proximity to sensitive uses. There may be other commercial areas the Council wishes to consider. Regarding the equity pilot program, staff would endeavor to have it ready concurrently with the overall program. Given that the equity pilot program as initially envisioned by staff could be forging new ground, staff would prefer that it not be tied to the overall program debut. Staff believes that the draft overlay map is comprehensive noting that most of the existing commercial areas are along West Capitol Avenue, Harbor Blvd., Merkley Avenue, etc.

Strategic Plan Integration
Retail Cannabis Evaluation & Direction is on the City Council’s 2022 Strategic Plan Policy Agenda. 422
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Alternatives
1) Waive first reading and read by title and number only Ordinance 23-1 amending Titles 5 (Business License & Regulations) and 17 (Zoning) of the Municipal Code pertaining to retail cannabis sales and microbusinesses.
2) Find that the requested changes are not appropriate revisions of the Municipal Code and defer first reading of Ordinance 23-1at this time.
3) Find that the Categorical Exemption is not appropriate and direct staff to perform additional environmental analysis (specify impacts to be addressed) prior to Council consideration of the request. 4) Continue the item to a future date and request additional information be provided at that time.

Alternative 1 is staff’s recommendation. Staff does not recommend Alternative 2 as retail cannabis sales is a stated policy priority item for the City Council. Staff is prepared to effectuate Alternatives 3 or 4 at the Council’s direction.

Coordination and Review
The content of this report has been coordinated with City cannabis policy consultant HdL, the Police Department, Fire Department, Economic Development & Housing Department, the City Attorney’s Office, and the City Manager’s Office.

Budget/Cost Impact
All costs associated with preparation of this report and any subsequent actions including City Attorney review will be borne by the General Fund.

ATTACHMENT(S)
1) Ordinance 23-1
2) Storefront retail cannabis overlay map
3) Resolution 22-4PC
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO AMENDING REPEALING AND RE-ENACTING MUNICIPAL CODE CHAPTER 5.28 (CANNABIS RETAIL) AND AMENDING TITLE 17 (ZONING) PERTAINING TO RETAIL

CANNABIS SALES AND MICROBUSINESSES
Chapter 5.28

CANNABIS RETAIL
Sections:

5.28.010 Purpose and intent.

5.28.020 Definitions.

5.28.030 City cannabis license required.

5.20.040 City cannabis license application.

5.28.050 Review of city cannabis license application and appeals.

5.28.060 City cannabis license term.

5.28.070 City cannabis license transfer or modification.

5.28.028 General conditions for all city cannabis licenses.

5.28.090 Conditions for specific city cannabis licenses.

5.28.100 Prohibited cannabis uses.

5.28.110 Fees.

5.28.120 Penalties.

5.28.130 Severability – Miscellaneous provisions.

5.28.010 Purpose and intent.
(a) On October 9, 2015, Governor Brown approved a series of bills commonly referred to as the “Medical Cannabis Regulation and Safety Act” (MCRSA), effective January 1, 2016, which created a state licensing and regulatory framework for the cultivation, manufacture, transportation, storage, distribution, and sale of medical cannabis. (b) In November 2016, California voters approved Proposition 64, known as the “Control, Regulate and Tax Adult Use of Marijuana Act,” referred to as the “Adult Use of Marijuana Act” (AUMA), which legalized, subject to certain restrictions, specified nonmedical or adult cannabis uses for purposes of state law.
(c) Thereafter, the state legislature passed the “Medicinal and Adult-Use Cannabis Regulation and Safety Act” (MAUCRSA), which reconciled the differences between MCRSA and AUMA, and created a comprehensive state licensing and regulatory framework for the cultivation, manufacture, transportation, storage, distribution, delivery and sale of both adult and medicinal use of cannabis.
(d) It is the purpose and the intent of the City Council to regulate cannabis businesses consistent with state law and to protect the health, safety, and welfare of the residents of West Sacramento. The regulations in this chapter do not interfere with a qualified patient’s right to obtain and use cannabis as authorized by state law, nor do they criminalize the possession or cultivation of cannabis by certain individuals as allowed under state law. 424
(e) Cannabis businesses shall comply with all provisions of the West Sacramento Municipal Code, state law, and all other applicable local codes and regulations, including all applicable land use and zoning regulations imposed on cannabis businesses. It is the intent of this chapter neither to condone or legitimize the illegal use or consumption of cannabis under federal, state, or local law, nor to authorize the operation of a legal business in an illegal manner.
(f) It is the purpose and the intent of the City Council to afford opportunities for those parties negatively and disproportionately impacted by the War on Drugs and to advance social equity and opportunity.

5.28.020 Definitions.

For purposes of this chapter, the following definitions shall apply:

Accessory building or structure see West Sacramento Municipal Code §17.51 Adult cannabis use or adult use means all uses of cannabis and cannabis products by adults 21 years of age and over, also referred to as “recreational” or “personal” cannabis use.

AUMA refers to the California State law entitled “Control, Regulate and Tax Adult Use of Marijuana Act of 2016,” also known as Proposition 64, and any regulations promulgated thereunder.

Buffer area or buffer areas means the minimum separation distance between a particular commercial cannabis activity or use and a particular “sensitive land use” or activity, e.g., schools, child day care facility, or youth community centers, as designated by state laws or regulations, or as set forth in this chapter and in Title 17 (Zoning). The separation distance shall be the horizontal distance measured in a straight line from the property line of the sensitive use to the closest property line of the lot on which the commercial cannabis activity or use is to be located, without regard to intervening structures (“as the crow flies”).

Cannabis includes the term “marijuana” and means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination, as defined by California Business and Professions Code §26001(f), or any successor statute thereto. For this chapter, “cannabis” does not mean “industrial hemp” as defined by §11018.5 of the Health and Safety Code, as that section may be amended or interpreted by the California courts or superseded by any successor statute.

Cannabis accessories means any equipment, products, materials or paraphernalia of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body, as defined by California Health and Safety Code §11018.2, or any successor statute thereto.

Cannabis business means any commercial operation engaged in the lawful sale, manufacture, distribution, processing, cultivation, and/or testing of cannabis and cannabis products. 425
Cannabis business owner or owner means a person who is entitled to a share of at least twenty percent of the profits of the commercial cannabis business, as defined by California Code of Regulations §15003.

Cannabis product means marijuana or cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, an edible, a topical product containing cannabis, or concentrated cannabis and other ingredients, as defined by Health and Safety Code §11018.1, or any successor statute thereto.

Cannabis regulation or cannabis regulations means, collectively, the regulations codified at:

California Business and Professions Code §26000 et seq, “Medicinal and Adult-Use Cannabis Regulation and Safety Act” (MAUCRSA); California Code of Regulations Title 4, Division 19, Department of Cannabis Control; and any successor regulations thereto. The generic terms “regulations” or “laws” include cannabis regulations.

CBD means the compound cannabidiol, as defined by the California Code of Regulations, Title 17, Division 1, Chapter 13, §40100, or any successor statute or regulation thereto.

Chief of Police means the City of West Sacramento Chief of Police or designee.

City approval means, collectively, any applicable local cannabis license, cannabis permit, stamp, signature, or other notation on approved plans, use permit, minor use permit, administrative permit, zoning clearance, variance, exception, building permit, business or other license, environmental permit, or other applicable entitlement or approval, and compliance with applicable state and local laws and regulations.

City cannabis license means a revocable license that is issued by the City Manager for a cannabis business or commercial activity, which is permitted under this chapter and licensed by the state, as identified in California Business Code §26050(a), or any successor statute therein.

City Manager means the City of West Sacramento City Manager or designee.

Customer means a natural person 21 years of age or older, a qualified patient, or a primary caregiver, as defined by California Business and Professions Code §26001(n), or any successor statute thereto, or anyone else authorized to purchase cannabis or cannabis accessories under California law.

Department of Cannabis Control (DCC) means the lead state agency or successor agency responsible for regulating and licensing commercial medicinal and adult use cannabis in California, which is also responsible for licensing retailers, distributors, testing laboratories, microbusinesses, and temporary cannabis events.

Delivery means the commercial transfer of cannabis or cannabis product or products to a customer, and also includes the use by a cannabis retailer of any technology platform, as defined by California Business and Professions Code §26001(p), or any successor statute thereto.

Dispensary. See “Retailer.”
Indoor means any location that is within a fully enclosed nonresidential building or structure, or private residence.

Industrial hemp means a crop that is limited to types of the plant Cannabis sativa L. having no more than three tenths of one percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.
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MAUCRSA means the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Business and Professions Code §26000 et seq.).

MCRSA means the Medical Cannabis Regulation and Safety Act.

Medicinal cannabis or medical cannabis use means the use of cannabis for the purposes set forth in the Compassionate Use Act and the Medical Marijuana Program Act, as defined in California Health and Safety Code §11362.5, or any successor statute thereto.

Microbusiness means a cannabis business allowed to engage in the cultivation of cannabis on an area less than 10,000 square feet, and to act as a licensed distributor, Level 1 manufacturer (Type 6 license), if duly licensed by the Department of Cannabis Control, as defined by California Business and Professions Code §26070(a)(3)(A), or any successor statute thereto. A microbusiness shall engage in at least three of the following commercial cannabis activities: nonstorefront retail, distribution, distribution-transport only, manufacturing, and/or cultivation.

Minor means any person who is under 21 years of age.

Non-storefront retailer means a cannabis business or commercial activity that is closed to the public and only sells cannabis, cannabis products, and cannabis accessories exclusively through delivery, as defined by California Business and Professions Code §26001(p), or any successor statute thereto.

Outdoor means any location within the city that is not within a fully enclosed nonresidential building or structure, or within a private residence.

Parcel means any parcel of real property that may be separately sold in compliance with the Subdivision Map Act (California Government Code §66410 et seq.). A parcel may or may not be improved, including but not limited to buildings, structures, and/or private residences.

Person includes any individual, firm, entity, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular, as defined by California Business and Professions Code §26001(an), or any successor statute thereto.

Primary caregiver, as defined by California Health and Safety Code §11362.7(d), or successor statute thereto, means an individual, designated by a qualified patient or by the person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person, including cases in which a qualified patient or person receives medical care or supportive services, or both, from: (1) a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code; (2) a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code; (3) a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code; (4) a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; and (5) the delivery, administration or provision of medical cannabis by a designated primary caregiver to the qualified patient of the primary caregiver or the person with an identification card who has designated the individual as a primary caregiver at the primary residence of the qualified patient or person with an identification card who has designated the individual as a primary caregiver.

Private residence means a legally permitted house, an apartment unit, a mobile home, an accessory dwelling unit, or other similar dwelling. To the extent allowed by law, a private residence must be currently, presently, and lawfully utilized as the primary dwelling of one or more natural persons.
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Qualified patient means a patient that uses or ingests cannabis or cannabis products for medical purposes, as defined in California Health and Safety Code §11362.7, or any successor statutes thereto.

Regulatory approval means, collectively, any applicable state cannabis license, state or regional environmental permit, laws, rules, regulations, or other applicable entitlement or approval, and compliance with applicable state and local laws and regulations.

Retailer means a cannabis business, either “storefront retailer” or “non-storefront retailer,” which provides for the retail sale and/or delivery of cannabis, cannabis products, and cannabis accessories to customers from a physical location from which commercial cannabis activities are conducted, as that term is used in California Business and Professions Code §26070 et seq, or any successor statute thereto.

Sensitive land use means a legally established use within the city consisting of (1) a public or private school that provides on-site instruction from transitional kindergarten to grade 12 with an enrollment of at least 100 students; (2) a child day care facility, other than a large or small licensed family day care home, and includes infant centers, preschools, extended day care facilities, and school age child care centers; or (3) a youth community center, which is defined as a public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities. Youth community center does not include martial arts studios, swim schools, music classes, painting classes, gymnastic studios, theatre companies, birthday party rooms, science and educational facilities, performing arts studios, and tutoring facilities.

State license means any license or permit issued by a state agency for a cannabis use, activity or type, as identified in California Business and Professions Code §26050(a), or any successor statute thereto.

Storefront retailer means a cannabis business or commercial activity that has premises with direct physical access for the public.

THC means the compound 9-tetrahydrocannabinol, as defined by the California Code of Regulations, Title 17, Division 1, Chapter 13, §40100, or any successor statute or regulation thereto.

5.28.030 City cannabis license required for retail.
(a) City cannabis license required. No retail cannabis business shall be allowed to operate within the city unless the cannabis business first obtains a city cannabis license from the City Manager. The city cannabis license shall be specific to the location where the cannabis business will operate and shall specify the type of commercial cannabis activity. Multiple operating locations for the same cannabis business will require separate city cannabis licenses. In addition, multiple cannabis activities shall require separate city cannabis licenses for each license type, as described in subsection (e) of this section. (b) Approvals required prior to commencing operation. No cannabis business may operate in the city until the business has obtained the following:
(1) The appropriate land use approval (development agreement, design review, administrative approval, and/or zoning clearance) from the city, including the appropriate environmental review under the California Environmental Quality Act (CEQA);
(2) The corresponding state license or regulatory approval for the specific cannabis use or activity;
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(3) A city cannabis license from the city.
(4) A fully executed development agreement if required by the city. (c) Revocable license. Any city cannabis license issued under this chapter is a revocable license; the issuance or granting of a license under this chapter expressly does not constitute or provide for a permanent right or vested land use right to conduct a cannabis business, use, or cannabis commercial activity with the city.
(d) Types of licenses. A cannabis business may apply for any of the following city cannabis licenses for cannabis businesses operating within city limits:
(1) City cannabis microbusiness license. A city cannabis microbusiness license is required for a cannabis business that conducts at least three of the following activities:
(a) cultivation (indoor only) of cannabis in an area less than 10,000 square feet; (b) distribution; (c) manufacturing; (d) non-storefront retail; and/or (e) distributiontransport only. (2) City cannabis non-storefront retailer license. A city cannabis non-storefront retailer license is required for a cannabis business or commercial activity which provides for the retail sale of cannabis and cannabis products to customers from a physical location via delivery and is closed to the public.
(3) City cannabis storefront retailer license. A city cannabis storefront retailer license is required for a cannabis business or commercial activity which provides for the retail sale of cannabis and cannabis products to customers from a fixed location with direct physical access for the public and includes delivery (see City cannabis non-storefront retailer license).
(4) Equity cannabis license. A person or party may apply for one or more of the above license types as an equity applicant. (Equity program approved through Administrative Regulation by Council resolution).
(e) Determination of city cannabis license type. As the state or the Department of Cannabis Control develops additional or amends existing state licenses for cannabis businesses or activities, the City Manager shall have the discretion to issue a city cannabis license to the extent the additional state license businesses or activities are like any of the city cannabis license types approved to be issued by the city.
(f) Exceptions to city cannabis license requirement. The following noncommercial activities are allowed and do not require a city cannabis license under this chapter, provided the use or activity does not constitute a commercial cannabis business or activity and complies with state and local laws:
(1) Possession of not more than 28.5 grams of cannabis not in the form of concentrated cannabis by persons 21 years of age or older for personal consumption. (2) Possession of no more than eight grams of cannabis in the form of concentrated cannabis, including as contained in cannabis products, by persons 21 years of age or older for personal consumption.
(3) Possession, planting, cultivating, harvesting, drying, or processing of not more than six living cannabis plants by persons 21 years of age or older in a private residence or inside an accessory building or structure on a parcel developed with a private residence, within a fully enclosed, secure, locked space, for noncommercial use/purposes consistent with state law.
(4) Possession by a qualified patient or primary caregiver. 429

5.28.040 City cannabis license application.
(a) The City Manager shall prepare Administrative Procedure Guidelines and Review Criteria for the City's evaluation of Cannabis Business permit applications and subsequent issuance including an equity pilot program;
(b) The Administrative Procedure Guidelines shall provide the process for soliciting applications including timeframes, limitations, requirements, forms, and rules for completing applications; (c) The Review Criteria shall include detailed instructions on the methodology to be used to evaluate applications on a point, or other evaluation system, tied to particular sets of criteria; (d) The Review Criteria shall be applied to determine which candidates will be eligible to proceed to the final selection process as determined by the City Manager; (e) The City Manager shall be authorized to prepare any necessary forms and adopt any necessary rules to implement the Administrative Procedure Guidelines and Review Criteria. (f) In considering whether to deny a cannabis license application or refuse to renew a cannabis license, the City Manager may consider the same criteria the Department of Cannabis Control considers, as codified in 4 C.C.R. §15017.

5.28.050 Review of city cannabis license application and appeals. (a) Review of application. The City Manager shall consider the application, and the results from any investigation into the application, as deemed necessary by the City Manager. (b) Notification of decision. The City Manager’s notification of his or her decision on the application shall be made in writing and shall either include conditions of approval, if deemed necessary by the City Manager, or the reasons for the denial of the application. Notification of denial shall be delivered by first class mail to the applicant. If denied, no license shall be issued unless a successful appeal of the denial is made within the requisite time frame. (c) Appeal of decision.
(1) Within ten calendar days after the date of the City Manager’s decision, an applicant may appeal the decision by notifying the City Clerk in writing of the appeal, the reasons for the appeal, and paying any applicable fees. (2) The City Clerk shall set a hearing on the appeal and shall fix a date and time certain, within 45 calendar days after the receipt of the applicant’s appeal, unless the city and the applicant agree to a longer time, to consider the appeal. The City Clerk shall provide notice of the date, time, and place of hearing. (3) The City Manager shall appoint a Hearing Officer to hear the appeal and determine the order of procedure, and rule on all objections to admissibility of evidence. The applicant and the City Manager shall each have the right to submit documents, call and examine witnesses, cross-examine witnesses, and argue their respective positions. The proceeding shall be informal, and the strict rules of evidence shall not apply, and all evidence shall be admissible which is of the kind that reasonably prudent persons rely upon in making decisions.
(4) The Hearing Officer shall issue a written decision within fifteen calendar days after the close of the hearing. The decision of the Hearing Officer shall be final. (d) Grounds for denial, renewal denial, revocation, or suspension of license. The granting of a license or a renewal thereof may be denied, and an existing license revoked or suspended if:
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(1) The cannabis business owner has knowingly made a false statement in the application or in any reports or other documents furnished to the city. (2) The cannabis business owner has been convicted of an offense that is substantially related to the qualifications, functions, or duties of the cannabis business for which the application is made, which includes but is not limited to:
a. A violent felony conviction, as specified in Penal Code §667.5(c). b. A serious felony conviction, as specified in Penal Code §1192.7. c. A felony conviction involving fraud, deceit or embezzlement. d. A felony conviction for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor. e. A felony conviction for drug trafficking with an enhancement pursuant to Health and Safety Code §11370.4 or 11379.8.
(3) The cannabis business or a cannabis business owner has been sanctioned by a licensing authority or other city or county for unauthorized commercial cannabis activity.
(4) The granting or renewing of the license would perpetuate or encourage any of the following:
a. Providing or exposing cannabis or cannabis products to minors; b. Generation of revenue from the sale of cannabis or cannabis products to fund criminal enterprises, gangs, cartels, and similar persons; c. Diversion of cannabis or cannabis products to jurisdictions outside of the state; d. Trafficking of other illegal drugs or facilitation of other illegal activity; e. Violence or the use of firearms;
f. The illegal or unauthorized use of public lands in the cultivation of cannabis; or
g. The use of federal property for commercial cannabis activity. (5) For any other reason that would allow the state to deny a license or permit under AUMA, MCRSA, and/or MAUCRSA, or any other state law.
(6) Fails to pay required city fees and taxes.
(7) Violates any provision of AUMA, MCRSA, MAUCRSA, state license, city cannabis license, or the West Sacramento Municipal Code (including the zoning code). (8) Except as provided in subsections (d)(2)(d) and (e) of this section, an application for a city cannabis license shall not be denied if the sole ground for denial is based upon a prior conviction of either §11350 or §11357 of the California Health and Safety Code. An application for a license also shall not be denied if the state would be prohibited from denying a license pursuant to either §26057(b)(5) or §26059 of the California Business and Professions Code. Conviction of any controlled substance felony after license issuance shall be grounds for revocation of a license or denial of the renewal of a license.
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(9) The cannabis business is in violation of the West Sacramento Municipal Code (including zoning code).
(10) The cannabis business is in violation of applicable state and local laws and regulations.
(11) The cannabis business or cannabis business owner does not have current, valid state or regulatory approval or is in violation of a state or regulatory approval. (12) The cannabis business is in violation of any city approval, including conditions imposed on the license for the commercial cannabis activity or use. (e) Suspension and revocation.
(1) If the City Manager deems continuation of the operation of a cannabis business will cause a significant threat to the health, safety or welfare of the public, the Chief of Police may immediately suspend the city cannabis license and all rights and privileges thereunder until a Hearing Officer renders a written decision on the revocation of the city cannabis license.
(2) The City Manager shall give notice to the cannabis business of his or her intent to revoke a city cannabis license in the same manner as the notice of the application decision and provide the City Clerk with a copy of the notice. (3) The hearing for the revocation of the city cannabis license shall be set and conducted in the same manner as an appeal of decision. The decision of the Hearing Officer shall be final.

5.28.060 City cannabis license term.
(a) Duration. The city cannabis license shall be valid for one year from the date of issuance. (b) Renewal. A license renewal application and any applicable fees must be submitted at least 60 days before the expiration of the license. Failure to submit a renewal application prior to the expiration date of the license will result in the automatic expiration of the license on the expiration date. License renewal is subject to the laws and regulations effective at the time of renewal, which may be substantially different than the regulations currently in place and may require the submittal of additional information to ensure that the new standards are met.

No person shall have any entitlement or vested right to receive a license under this chapter. (c) Application deemed withdrawn. To promote efficient review and timely decisions, any cannabis license application governed under this chapter will be automatically deemed withdrawn by the applicant, without any further action by the city, if the applicant fails to tender a substantive response to the city within 45 calendar days after the Police Department deems the application incomplete in a written notice to the applicant. The Police Department may, in its sole and absolute discretion, grant a written extension for up to a total of 15 calendar days if the applicant submits a written request prior to the deemed-withdrawn date that shows good cause to grant the extension. Any extension shall be subject to additional fees. (d) License expiration. Any city cannabis license approved pursuant to this chapter or pursuant to a competitive selection process shall automatically expire and become null and void, without any further action by the city, unless the proposed cannabis use is established within twelve months from the date of approval by the decision-making body or if the cannabis use ceases for a period of twelve months, as determined by the City Manager, at any time after its commencement. The City Manager may, at its sole and absolute discretion, grant a written extension for an additional six months, if the applicant submits a written request prior to the expiration date that demonstrates that they have diligently attempted to exercise the license 432
but were unable due to circumstances beyond their control. Any extension shall be subject to any additional fees.
(e) Resubmittal.
(1) Resubmittal prohibited within twelve months. For a period of twelve months following expiration of a cannabis license application or expiration of a cannabis license, no application for the same or substantially similar license for the same site shall be submitted. If a new application is allowed pursuant to subsection (e)(2) of this section, a completely new application shall be filed, including all submittal requirements and current filing fees, in accordance with the requirements of this chapter. (2) City determination. The Community Development Department shall determine whether the new application is the same or substantially similar to the expired application or license and shall issue a written determination to the applicant. (3) Appeal. The determination of the Community Development Department may be appealed to the Administrative Hearing Officer within ten calendar days of the date of decision. The decision of the Administrative Hearing Officer shall be final.

5.28.070 City cannabis license transfer or modification. (a) A city cannabis license is nontransferable to another location, and no transfer to another cannabis businessowner or modifications to a permitted facility may be made unless the City Manager approves the transfer or modification. The City Manager may also refer the request for transfer or modification to the City Council for consideration. (b) A request for change in license ownership or of key employees who make operational, or management decisions shall be submitted to the City Manager on a city form at least 60 days prior to the anticipated transfer of ownership, or, in the case of change of management employees, within 15 calendar days, together with any applicable fee(s). Requests submitted later than these time periods will be processed only in the city’s discretion and may be subject to an expedited processing fee. A new owner(s) or key employees shall meet all requirements for applicants of an initial license. The request shall include the following information:
(1) Identifying information for the new cannabis business owner(s) and management as required in an initial city cannabis license application; (2) A written certification by the new cannabis business owner as required in an initial license application;
(3) The specific date on which the transfer is to occur; and (4) Acknowledgment of full responsibility for complying with the existing license. (c) Change in security plan. A request to modify the security plan shall be submitted to the City Manager in writing at least 30 days prior to the anticipated change, together with the applicable fee.
(d) Change of contact information. A request for change in cannabis business contact information shall be submitted to the City Manager in writing at least 30 days prior to the anticipated change, together with the applicable fee.

5.28.080 General conditions for all city cannabis licenses. (a) State license. The cannabis business shall hold a valid state license for the equivalent state license type for the entire duration of the city cannabis license. 433
(b) Sensitive land use. No cannabis business shall be located within 250 feet of a sensitive land use, as defined in §5.28.020.
(c) Prohibited products. No cannabis business may sell, store, distribute or allow the consumption of any alcoholic beverages or tobacco products on or at any premises where cannabis is sold.
(d) Cannabis consumption on site prohibited. No cannabis business may allow, permit, or provide for the consumption of cannabis products on site where the cannabis business is located, with or without compensation.
(e) Hours of operation. All permitted facilities, with the exception of storefront retail, shall be closed to the general public. No direct sales of cannabis or cannabis products to the general public shall occur from businesses without a licensed retail component, except via delivery from a licensed business to a private residence. The City Manager may limit the hours for transporter deliveries and pick-ups. Storefront retail cannabis businesses shall not be open to customers outside of 7:00 a.m. to 10:00 p.m. daily without authorization from the City Manager.
(f) Odor control. Odors shall be contained within the licensed tenant space on which the commercial cannabis activity is located. Cannabis licensees shall prevent all odors generated from the cannabis use from escaping buildings to the extent that odor cannot be detected by a reasonable person of normal sensitivity outside the buildings, on adjacent properties or public rights-of-way, or within any other unit located within the same building as the cannabis licensee, if the use only occupies a portion of a building. If the city receives any odor complaints and determines that cannabis odor is not being controlled as required by this Chapter, the cannabis business shall work with the city staff to correct odor concerns.

Unresolved or repeated odor complaints may be the basis for suspension or revocation of the city cannabis license or denial of city cannabis license renewal. (g) Business conducted within building. No production, distribution, storage, display or wholesale of cannabis and cannabis products shall be visible from the exterior of the building where the commercial cannabis activity is being conducted, except as authorized by the City Manager. (h) Protection of minors. No cannabis business shall employ anyone who is younger than 21 years of age. No cannabis business shall sell or advertise to sell any cannabis, cannabis product or cannabis accessory to minors, except in circumstances where the minor is over 18 years of age and is permitted or allowed by state law to purchase or possess medicinal cannabis, as set forth in California Business and Professions Code §26140, or any successor statute thereto.
(i) Security. All cannabis businesses shall maintain a commercial burglar alarm monitoring system, install a video surveillance system, and comply with the security plan approved by the City Manager. A cannabis business shall notify the City Manager and the Police Department immediately, and within 24 hours after discovering any of the following:
(1) Diversion, theft, loss, or any criminal activity involving the cannabis or cannabis products or any agent or employee of the licensee.
(2) The loss or unauthorized alteration of records related to cannabis or cannabis products, registered qualifying patients, primary caregivers or employees or agents. (3) Significant discrepancies identified during inventory. (4) Any other material breach of security.
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(j) Labeling and packages. Labels and packages of cannabis and cannabis products shall meet all state and federal labeling and packaging requirements. (k) Inspections. City representatives may enter and inspect the property of every cannabis business to ensure compliance and enforcement of the provisions of this chapter, except that the inspection and copying of private medical records shall be made available to the Police Department only pursuant to a properly executed search warrant, subpoena, or court order.

Such inspections shall occur during normal regular business hours unless the city has provided prior written notice to the cannabis business for an after-hours inspection. Upon request, the cannabis business shall timely provide the city official with records related to the business, including, but not limited to, utility bills from the commercial energy provider for the premises, inventory, financial records, and inventory tracking records. This section shall not limit any inspection authorized under any other provision of law or regulation. Cannabis businesses shall make inspections available not less than every two months. (l) Business license. Obtain and maintain a business license from the city. (m) Insurance. Maintain at all times commercial general liability providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury with limits of not less than $2,000,000 per occurrence and comprehensive automobile liability (owned, non-owned, hired) providing coverage at least as broad as ISO Form CA 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than $2,000,000. The commercial general liability policy shall provide contractual liability, shall include a severability of interest or equivalent wording, shall include an endorsement that specifies the insurance coverage afforded to the city shall be primary and noncontributory, and shall name the city, its officials, and employees as additional insured. Failure to maintain insurance as required herein at all times shall be grounds for suspension of the city cannabis license immediately and, ultimately, revocation. (n) Indemnification. By accepting the city cannabis license and executing the application form, each licensee agrees to indemnify, defend and hold harmless to the fullest extent permitted by law the city, its officers, officials, agents and employees from and against any and all actual and alleged damages, claims, liabilities, costs (including attorney’s fees), suits or other expenses resulting from and arising out of or in connection with licensee’s operations, except such liability caused by the active negligence, sole negligence or willful misconduct of the city, its officers, agents and employees.
(o) Recordkeeping. Maintain, for a minimum of seven years, a written accounting or ledger of all cash, receipts, credit card transactions, and reimbursements (including any in-kind contributions), as well as records of all operational expenditures and costs incurred by the licensee in accordance with generally accepted accounting practices and standards typically applicable to business records, which shall be made available to the city during business hours for inspection upon reasonable notice by the Chief of Police. (p) Notice of violations. Notify the City Manager within three calendar days of any notices of violations or other corrective action ordered by a state or other local licensing authority and provide copies of the relevant documents.
(q) Building permits. The cannabis business shall obtain all building permits required pursuant to Title 15 for any electrical, plumbing, or other construction activities. (r) Planning permits. The cannabis business shall obtain all planning permits, as required by the city’s zoning code. Cannabis businesses are required to upgrade any property that does not 435
meet current development standards and shall submit a complete design and site review application for review and approval prior to occupancy. (s) Sewer discharge. No cannabis, cannabis byproducts, or associated hazardous materials may be discharged into the sanitary sewer system (including, but not limited to, sinks, toilets, or storm drains).
(t) Secure trash receptacles. All indoor and outdoor trash receptacles shall be locked and secured in manner to prevent tampering, theft, and/or removal of any cannabis refuse or the trash receptacle.
(u) Waste disposal. Disposal of cannabis, cannabis products, and cannabis waste shall occur in accordance with state law.
(v) Temporary cannabis events. Temporary cannabis events are prohibited within the City. (w) Other agency approvals. The cannabis business shall be required to obtain approval from any other agencies having jurisdiction.

5.28.090 Conditions for specific city cannabis licenses.

In addition to the general conditions included in §5.28.028, the following city cannabis licenses approved or issued by the City Manager shall also be subject to the following conditions as deemed appropriate to the proposed commercial cannabis activity or use:
(a) City cannabis microbusiness license. A city cannabis microbusiness license is subject to the following conditions:
(1) Storefront retail as part of a microbusiness license is prohibited. (2) Submittal of a dimensioned floor plan showing location of separate components of microbusiness (type of cannabis uses) and their respective square footage. (3) If non-storefront retail is proposed, the business shall comply with all conditions included in subsection (2) of this section.
(4) If cultivation is proposed:
a. Outdoor cultivation is prohibited.
b. Cultivation of cannabis shall be conducted in accordance with all applicable federal, state, and local laws and regulations governing the use of pesticides.

Any fumigation or insecticidal fogging shall comply with the California Fire Code Chapter 26 (Fumigation and Insecticidal Fogging).
c. All cultivation operations shall submit an odor control and mitigation plan with detailed information about the proposed ventilation system, including technical specifications indicating that the system can prevent the release of cannabis odors from the cultivation operation.
d. All cultivation operations shall submit a wastewater and water conservation plan.
(b) City cannabis non-storefront retailer license. A city cannabis retail non-storefront license is subject to all of the following conditions:
(1) All cannabis products shall be loaded and unloaded inside a building. (2) The number, location, and hours of security guards shall be included in the application submittal.
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(3) A theft prevention plan shall be reviewed and approved by the Chief of Police or designee.
(4) Any other specific conditions as directed by the City Council as part of a competitive selection process.
(c) City cannabis storefront retailer license. A city cannabis retail storefront license is subject to all of the following conditions:
(1) An applicant for a storefront retailer license shall be subject to a hybrid competitive merit-based evaluation and lottery process, as established by the City Council, including an equity program.
(2) A security plan must include procedures for verifying identification of customers both before entering the retail establishment and again before receiving cannabis or cannabis products.
(3) The number, location, and hours of security guards shall be included in the application submittal.
(4) A theft prevention plan shall be reviewed and approved by the Chief of Police or designee.
(5) On-site security guard(s) shall monitor activity within 150 feet of building entrance to ensure no cannabis consumption is occurring in the vicinity of the business, including parking areas.
(6) A neighborhood responsibility plan that demonstrates how the business will reduce adverse impacts to the surrounding neighborhood, including neighborhood outreach, methods for future communication, and dispute resolution, shall be submitted and approved by the city.
(7) Cannabis and cannabis products that are not used for display purposes or immediate sale shall be stored in a secured and locked room, safe, or vault, and in a manner reasonably designed to prevent diversion, theft, and loss. (8) The business owner shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, alleys and areas surrounding the premises during business hours if directly related to the patrons of the subject retailer. For purposes of this subsection, “reasonable steps” shall include calling the police in a timely manner and requesting those engaging in nuisance activities to cease those activities, unless personal safety would be threatened in making the request.
(9) The public entrance shall meet California accessibility criteria. (10) A storefront retail licensee shall not conduct sales exclusively by delivery. (11) The business owner shall remove litter on and in front of the premises and, if necessary, on public sidewalks within 100 feet of the facility two times, with a minimum of four-hour intervals, each operating day.

5.28.100 Prohibited cannabis uses.

The following cannabis businesses, uses and activities are expressly prohibited in the city:
(a) Cannabis commercial activity. No person shall engage in, conduct, operate, manage, or carry on, or permit to be engaged in, conducted or carried on, any commercial cannabis uses or 437
activity, other than as expressly permitted by section 17.30.080 or by city licensing under this chapter.
(b) Outdoor cultivation. No person owning, renting, leasing, occupying, or having charge or possession of any parcel shall cause or allow such parcel to be used for the outdoor cultivation of cannabis for personal, commercial, or any other purposes. (c) Industrial hemp cultivation. No person owning, renting, leasing, occupying or having charge or possession of any parcel shall cause or allow such parcel to be used for the outdoor cultivation of industrial hemp for personal, commercial, or any other purpose. (d) Special events, festivals, and/or fairs. The sale of cannabis is prohibited at special events, festivals, and/or fairs.

5.28.110 Fees.

Applicants and city cannabis licensees shall pay all applicable fees as set forth in the City Council adopted resolution establishing fees and charges for municipal services. Applicants and city cannabis licensees shall also pay the amount as prescribed by the Department of Justice of the state of California for the processing of applicant’s fingerprints. Fees shall not be prorated or refunded in the event of a denial, suspension, or revocation of the license.

5.28.120 Penalties.
(a) As set forth in §1.12.010, any violation of this chapter or regulation promulgated under this chapter is a misdemeanor punishable pursuant to §1.12.020, except that a violation may be charged and prosecuted as an infraction in the discretion of the prosecuting attorney. (b) In addition to the penalties herein provided, any violation of this chapter or regulation promulgated under this chapter is hereby declared to be a public nuisance under Title 19, and subject to the remedies enumerated in §1.08.
(c) Any person who willfully or knowingly engages in a violation of this chapter or who owns, possesses, controls, or has charge of any parcel of real property in the city upon which a violation of this chapter is maintained and who has actual knowledge of such violation (or would have actual knowledge of such violation after reasonable inquiry) shall be subject to the penalties and remedies provided by this chapter.
(d) Any violation of this chapter shall constitute a separate offense for each day the violation occurs or persists and may be subject to an administrative citation and fine, as provided for in §1.12.040.
(e) These penalties and remedies are cumulative and are in addition to any other penalties and remedies available to the city.

5.28.130 Severability – Miscellaneous provisions.
(a) Severability. If any section, subsection, clause, phrase, or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.

The City Council hereby declares that it would have adopted the ordinance codified in this chapter and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional.
(b) Conflicts. In the event of any conflict with other provisions of the West Sacramento Municipal Code the more restrictive standards shall apply.
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Title 17 (Zoning)
TABLE 17.10.020: LAND USE REGULATIONS—EMPLOYMENT ZONES
“P” = Permitted use
“M” = Minor Use Permit
required
“C” = Conditional Use Permit required
“-” Use not allowed
“D” Development Agreement
Use Classification M-L M-1 M-2 M-3 B-P Additional Regulations Commercial Uses
Cannabis RetailerNon-Storefront
(Delivery Only)
D D D D D See WSMC §5.28
Cannabis
Microbusiness
D D D D D See WSMC §5.28
Add to Appendix A: Master Land Use/Zoning Matrix
Chapter 17.12 Storefront Retail Cannabis Overlay Zones

17.12.010 Purpose and Applicability
The Purpose of the Storefront Retail Cannabis Overlay Zones are to:

A. Establish where storefront retail cannabis businesses may locate subject to all required approvals.

B. Protect sensitive uses from potential incompatibilities with storefront retail cannabis businesses.

17.12.020 Land Use Regulations
A. Storefront retail cannabis business on West Capitol Avenue must be at least 500 feet apart.

B. Additional standards and requirements can be found in Chapter 5.28.

17.12.030 Map
439
440

17.30.080 Cannabis
(a) Cannabis Retail. Storefront cannabis retailers, microbusinesses and dispensaries are regulated pursuant to Chapter 5.28, Cannabis Retail.
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Ramco St
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F:\GIS\Projects\CommunityDevelopment\3019_RetailOverlay\3019_RetailOverlay.aprx3019_RetailOverlay,11/9/2022, brianc 0 0.5 1 2 Mile
- This map has been compiled using a combination of record maps and tax assessor's base maps intended for information only and should not be used for legal descriptions. - REVISIONS include changes to parcel lines, street name changes, technical corrections, new subdivisions, zoning, and general plan boundary and text changes to reflect currently approved designations.

Revisions: 9/5/90, 10/17/90, 8/6/05, 1/16/91, 3/7/08, 4/30/91, 2/14/09, 7/29/92, 11/16/16, 10/27/92, 12/4/92, 3/15/93, 12/22/93-SD, 12/30/93-SD, 7/5/94-SD, 1/18/95-SD, 7/15/95-SD, 1/11/96-SD, 7/16/96-SD, 6/30/97-SD, 2/1/98-SD, 10/18/98-SD, 2/18/00-SD, 6/26/00-SD, 5/11/01-Z,SD, 9/11/02-Z,SD, 01/22/03-Z, 04/26/04*, 11/13/04, 1/6/05, 11/16/2016 DRAFT - Retail Overlay
Zoning
Commercial
Business Park,BP
Commercial - Highway,CH
Commercial,C
Industrial
Limited Industrial,M-L
Industrial - Light,M-1
Mixed-Use
Central Business District,CBD
Misxed Use Corridor,MU-C
Mixed Use Neighborhood Commercial,MU-NC
Waterfront,WF
0 0.5 1 2 Mile
- This map has been compiled using a combination of record maps and tax assessor's base maps intended for information only and should not be used for legal descriptions. - This is the official digital zoning map of the City of West Sacramento, adopted November 16, 2016 pursuant to Section 17.11.050. of the West Sacramento Zoning Regulations. Created by the City of West Sacramento.

DRAFT - Retail Overlay
W e s t S a c r a m e n t o , C a
REVISIONS include changes to parcel lines, street name changes, technical corrections, new subdivisions, zoning, and general plan boundary and text changes to reflect currently approved designations.

Revisions: 9/5/90, 10/17/90, 8/6/05, 1/16/91, 3/7/08, 4/30/91, 2/14/09, 7/29/92, 11/16/16, 10/27/92, 12/4/92, 3/15/93, 12/22/93-SD, 12/30/93-SD, 7/5/94-SD, 1/18/95-SD, 7/15/95-SD, 1/11/96-SD, 7/16/96-SD, 6/30/97-SD, 2/1/98-SD, 10/18/98-SD, 2/18/00-SD, 6/26/00-SD, 5/11/01-Z,SD, 9/11/02-Z,SD, 01/22/03-Z, 04/26/04*, 11/13/04, 1/6/05, 11/16/2016 Attachment 2
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Attachment 3
RESOLUTION 22-4PC

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF WEST SACRAMENTO

RECOMMENDING APPROVAL OF PROPOSED CHANGES
TO TITLES 5 (BUSINESS LICENSING & REGULATIONS) AND 17 (ZONING)

OF THE MUNICIPAL CODE PERTAINING TO RETAIL CANNABIS SALES AND

MICROBUSINESSES
WHEREAS, the City of West Sacramento desires to promote and protect the public health, safety, comfort, convenience, and general welfare; to provide a plan for sound and orderly development, and to ensure social and economic stability through adoption of a Municipal Code; and
WHEREAS, on November 8, 2016, California voters approved Proposition 64, known as the Control, Regulate, and Tax Adult Use of Marijuana Act, which legalized nonmedical cannabis use, possession, and cultivation by persons 21 years of age or older; and WHEREAS, Proposition 64 passed in Yolo County with 60.5% of the vote and was favored by 15 of the 17 voting precincts in West Sacramento at the time; and WHEREAS, the proposed revisions to amend Titles 5 and 17 are needed to effectuate a healthy and safe retail cannabis program along with microbusinesses; and WHEREAS, retail cannabis Evaluation & Direction is on the 2022 Strategic Plan Policy Agenda; and
WHEREAS, the City Council directed staff to prepare a basic framework to address an equity program to promote equitable ownership and employment opportunities in the cannabis industry, as well as to decrease disparities in life outcomes for communities harmed by the War on Drugs in a disproportionate manner; and
WHEREAS, the proposed changes to Titles 5 and 17 are categorically exempt from CEQA review pursuant to §21065 and CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), 15061(b)(3) or 15378 because there is no potential that the activity will result in a reasonably foreseeable indirect or direct physical change in the environment; and WHEREAS, at a duly noticed public hearing on November 17, 2022, the Planning Commission considered public comments as part of a duly noticed public hearing; and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission recommends that the City Council take the following actions:

1. The Planning Commission recommends that the City Council adopt the proposed amendments to Titles 5 and 17 of the Municipal Code as recommended by the Planning Commission including adding Riverpoint Marketplace to the draft overlay map.

PASSED AND ADOPTED by the Planning Commission of the City of West Sacramento this 17th day of November 2022, by the following vote:

AYES: BERLINER, STIGER, DEANDA, SABLAN
NOES: None
ABSTAIN: None
ABSENT: LOCKHART, ESQUIVEL, HIRSCH
_____
Aria Berliner,
DocuSign Envelope ID: B19EB2A4-13B6-4DE8-BB05-56C18568AF00 443
Resolution 22-4PC
Page Two
Planning Commission Chairperson
ATTEST:

David W. Tilley, Secretary
DocuSign Envelope ID: B19EB2A4-13B6-4DE8-BB05-56C18568AF00 444

CITY COUNCIL AGENDA REPORT
MEETING DATE: February 15, 2023 ITEM # 23
SUBJECT:

CONSIDERATION OF UPDATE AND REQUEST FOR FEEDBACK ON THE SIDEWALKS

AND TRANSPORTATION EQUITY PROGRAM
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Stephanie Chhan, Senior Transportation Planner
Community Development Department
ATTACHMENT [ ] Yes [ X ] No [ ] Information [ X ] Direction [ ] Action

OBJECTIVE
The purpose of this report is to provide an update to and seek feedback from the City Council on the West Sacramento Sidewalks and Transportation Equity Program.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council receive staff’s presentation on the Sidewalks and Transportation Equity Program and provide feedback on the program vision, goals, and outreach approach.

BACKGROUND
In August 2021, the City Council adopted Resolution 21-37, authorizing the City Manager to execute a grant agreement with the California Department of Transportation to allocate $33,481 from Measure N to match $258,419 awarded through the 2021/22 Caltrans Sustainable Transportation Planning Grant for the West Sacramento Sidewalk Transportation and Equity Program (STEP). The City currently lacks a complete inventory of existing sidewalk assets, as well as staff capacity to collect this data independently. By completing this work, the City will be able to equitably prioritize sidewalk gap closures and repairs in neighborhoods where residents rely on walking for daily trips most often, which will help enhance safety, connectivity, and accessibility for those residents.

A request for proposals (RFP) was issued to seek qualified consultants, and on May 18, 2022 the City Council awarded a professional services contract to NN Engineering, Inc. in partnership with Civic Thread (formerly “WALKSacramento”), DIYSL Consulting, and UNICO Engineering. to develop the Sidewalks and Transportation Equity Program.

ANALYSIS
Since the City Council’s award, the City and Consultant Team held a kick-off meeting on June 29, 2022. The Consultant Team will support City staff with the following tasks over the 18-month project schedule:

Task 1: Citywide Sidewalk Inventory & Assessment
- Sidewalk Condition Index Report
- Sidewalk and ADA Curb Ramps Management Report
Task 2: STEP Project Prioritization Framework
- STEP Project List
- STEP Project Prioritization Framework
Task 3: STEP Implementation & Investment Strategy
- Transportation Equity Best Practices Memo
- STEP Implementation & Investment Strategy Report
Task 4: Public Outreach
- Walk Audit Reports
- Outreach Summary
Task 5: Advisory Committee Meetings (6-8 meetings)
- Advisory Committee Meeting Materials
Task 6: Draft and Final STEP Plan
o STEP Plan
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STEP Update and Feedback
February 15, 2023

o Conceptual Drawings for top five (5) ranking projects Task 7: City Council Review/Approval
The City and Consultant Team began citywide data collection on sidewalk presence and absence. Initial aerial review identified the majority of sidewalk gaps to be located north of the Deep Water Ship Channel, within the oldest neighborhoods of the City: Washington, Broderick, and Bryte. These neighborhoods were developed long before the incorporation of the City and before development standards and the American with Disabilities Act were in place. Thus, this area was developed without these considerations, leading to an inconsistent sidewalk network.

With incorporation in 1987, the City adopted development design standards. The current City’s Standard Specifications and Details, Division I Design Standards, Section 3 Street Design state:
“The design of sidewalks, curbs and gutters shall conform to the Standard Details, or as required by the City Engineer. Sidewalks are required on both sides of all residential and commercial streets. Sidewalk shall be provided on at least one side of the street in industrial areas and may be eliminated on the north side of the Loop Parkway adjacent to heavy industrial uses.” Similarly, the Americans with Disabilities Act (ADA) was adopted in 1990. The 2010 ADA Standards for Accessible Design identifies minimum requirements for newly designed and constructed or altered State and local government facilities, public accommodations, and commercial facilities to be readily accessible to and usable by individuals with disabilities.

As such, sidewalks were constructed in compliance with ADA standards as a condition of newer developments within the City such as residential developments south of the Deep Water Ship Channel and shopping centers such as the Southport Town Center, Riverpoint Marketplace, and Westbridge Plaza. In comparison to the older areas of the City, the newer sections generally have longer lengths of missing sidewalks along the rural or agricultural properties or on one side of the street along industrial areas. Given the initial aerial review and the development of the City, the Consultant Team conducted more detailed drone data collection of sidewalk presence and conditions in the northern area of the City. Processing and analysis of the collected data is underway.

The Consultant Team also created an Advisory Committee comprised of nine members to help advise the STEP Plan’s development and ensure the process is rooted in community priorities. Members of the Advisory Committee were selected through an application process that was publicized in English, Spanish, and Russian between August 24th to September 11th, 2022. The Advisory Committee is comprised of trusted leaders, residents, advocates, and community-based organizations representative of West Sacramento’s diverse communities. The first Advisory Committee meeting was held on October 12, 2022, where members were introduced to the project, the progress to date, and the community engagement plan. A second Advisory Committee meeting was held on November 14, 2022 to review the STEP Plan’s project goals, objectives, and project definitions. Staff presented to the TMI Commission on February 6, 2023. The project will include further outreach activities, such as surveys, interviews, and pop-up events that will allow the City residents opportunities to provide feedback to incorporate into the STEP process.

The Consultant Team conducted focus group interviews with the Slavic American Chamber of Commerce, Broderick and Bryte Community Action Network, Oakland Department of Transportation, and the City of Sacramento. The Consultant Team has been drafting the Transportation Equity Best Practices Memo, which reviews current industry practices around equity metrics and weighting criteria, particularly for capital improvement and sidewalk and pavement maintenance programs. The consultant reviewed sidewalk plans from the cities of Oakland, California; Portland, Oregon; Seattle, Washington; Sacramento, California; Dallas, Texas; and Shoreline, Washington.

At this time, City staff and the Consultant Team are drafting a clearly defined STEP vision and goal statement that will provide the foundation necessary for the STEP to be developed in alignment with overarching City initiatives and local considerations. Some of the City’s efforts taken into consideration include the General Plan; Mayors’ Commission on Climate Change; Bicycle, Pedestrian, and Trails Master Plan; Age Friendly Action Plan; Mobility Action Plan; and forthcoming Climate Action Plan. Overarching objectives included in the grant development for the STEP Project include:
446
STEP Update and Feedback
February 15, 2023

- Accessibility
- Economy
- Health
- Innovation
- Preservation
- Sustainability
- Safety
- Social Equity
These activities, along with feedback gathered from the Advisory Committee and community members, will assist in determining how to appropriately incorporate equity into the project’s vision, goals, and prioritization framework. Staff will present to and seek feedback from the City Council on the vision, goals, and the prioritization framework.

Environmental Considerations
N/A
Commission Recommendation
This item was presented to the Transportation, Mobility and Infrastructure Commission on February 6, 2023.

Commission recommendations have been incorporated into the February 15th Council presentation.

Strategic Plan Integration
This project advances the 2022 Strategic Plan Management Agenda item, “Mobility Action Plan Implementation”, in support of the City’s broader Mobility and Connectivity goals to provide convenient and sustainable choices for people to get where they’re going. The STEP initiative also directly implements the goals, strategies and tactics set forth by the General Plan 2035; Mayors’ Commission on Climate Change; Bicycle, Pedestrian, and Trails Master Plan; Age Friendly Action Plan; Mobility Action Plan; and forthcoming Climate Action Plan.

Specifically, STEP is the initial effort to implement General Plan Goal M-6: “Develop and maintain a safe, accessible and integrated pedestrian system that promotes walking” and General Plan Policy M-6.10 Completion of sidewalk system: “The city shall attempt over time to fill any gaps in the sidewalk systems of existing neighborhoods.”
Alternatives
As an alternative to the recommended action, the City Council could:
1) Decline to hear the presentation; or
2) Direct the presentation to be moved to a later meeting.

Declining to hear the presentation or directing the postpone the presentation to a later meeting may result in delays to the project schedule.

Coordination and Review
This report was coordinated by the Transportation & Mobility Division of the Community Development Department. Elements of the Agenda Report’s content were coordinated with the STEP project team comprised of NN Engineering, Inc., Civic Thread, DISYL Consulting, and UNICO. Varying levels of coordination of the project have also occurred with the Community Development Department, Capital Projects Department, Parks and Recreation Department, and Public Works Department.

Budget/Cost Impact
This project was appropriated to the FY 2021-22 Operations and Maintenance budget as approved by Council via Resolution 21-37 for a total appropriation of $291,900 with $258,419 from FY 21-22 Caltrans STEP GrantRMRA (SB1) and the City’s local match commitment of 11.47%, or $33,481 of Measure N – Community Improvements Funds. The City Council adopted Resolution 22-60 on May 18, 2022 appropriating $48,580 from Measure N – Community Investment to the Caltrans STEP Grant cost center (252-9656) to meet a shortfall of $48,580, related to estimated staff and resources cost and 10% contingency needed to complete the project.

ATTACHMENT(S)
N/A
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