West Sacramento City Council
March 15, 2023

The second phase of the Project will implement an at-grade pedestrian crossing at the Union Pacific Railroad crossing on 3rd Street which will further improve pedestrian safety at this location.

ANALYSIS
The first phase of the project is currently under construction and this amendment will extend the term for the Bennett Engineering Services contract to allow for additional construction support throughout the completion of the first phase.

In addition, Bennett Engineering Services will be completing the design and will be assisting with bidding and construction support for the second phase of the Project.

Environmental Considerations
A CEQA Initial Study Mitigated Negative Declaration was completed in October 2018 and a HUD NEPA Categorical Exclusion was completed in December 2018 for the River Walk Trail Extension Project. The City Council certified the CEQA environmental documents for the Project on December 5, 2018 with Resolution 18-

82. Caltrans approved the NEPA Categorical Exclusion on October 3, 2019. Central Valley Flood Protection Board issued an encroachment permit for work on the levee on June 16, 2020. The permit required Section 408 Consultation with the US Army Corps of Engineers. Based on the results of the final IS/MND, the Project will not have any significant impacts on the environment once mitigation measures are implemented. Staff has confirmed that there have been no changes to the project or new information that would require subsequent environmental review under Section 15162 of the CEQA Guidelines.

Commission Recommendations
The North Riverwalk Trail Project was presented to Planning, Economic Development and Housing and Parks and Recreation Commissions in 2013 and 2014 as both a circulation and park facility improvement within the Washington Realized Sustainable Community Strategy. District residents provided comments to the Parks and Recreation Commission requesting that the Project receive priority for completion. The respective Commissions recommended Council approval of the improvements within the Washington Realized document. The C Street widening was presented to the Transportation and Mobility Commission as part of the I Street Replacement Project on September 12, 2016. This item does not require further policy guidance from the Commission.

Strategic Plan Integration
The Project is consistent with a continuation of the Council adopted “West Sacramento Vision 2029 - Principles to Vibrant Neighborhood” by enhancing the following Principals: Quality Municipal Service, Quality City Infrastructure and Facilities, Inspire Community Improvements, Vibrant Neighborhoods, and Comfortable Lifestyle and Living. The project will create a continuous pedestrian/bicycle trail along the riverfront area and will also include an extension of the pedestrian access path to the west, along D Street and 2nd Street, into the heart of the Washington District at 3rd Street.

Alternatives
The City Council’s primary alternatives are summarized below:
1) Approve the recommended actions as stated above.
2) Delay or revise the recommended action.
3) Not approve the recommended action and/or cancel the project.

Alternatives 2 and 3 are not recommended as this is a grant-funded project with a tight delivery schedule. Any changes or modifications to the scope of the Project or the documents required to move the Project forward will impact the funding and timing available for the Project.

Coordination and Review
This report was prepared by the Capital Projects Department and was coordinated with and reviewed by the Economic Development and Housing Department and the Finance Department.

Budget/Cost Impact
This Amendment No. 9 to the contract with Bennett Engineering Services extends the term of the contract only.

The Amendment does not change the monetary terms of the contract. No additional appropriations are required or being requested at this time.

ATTACHMENT(S)
1) Amendment Number 9 to the Contract for Professional Services with Bennett Engineering 230
AMENDMENT NO. 9
To the

CONTRACT FOR SERVICES
Between the

CITY OF WEST SACRAMENTO
And

BENNETT ENGINEERING SERVICES
Dated June 28, 2017
This Amendment No. 9 to the Contract for Services between the City of West Sacramento (City) and Bennett Engineering Services (Consultant) dated June 28, 2017, for the North Riverwalk Trail Extension Project, is made and entered into this 15
th day of March 2023. Except as expressly
amended herein, the June 28, 2017 Contract for Services is in full force and effect.

RECITALS
WHEREAS, the City and Consultant executed an Agreement for Professional Services dated June 28, 2017 for the design of the North Riverwalk Trail Extension Project; and WHEREAS, the original June 28, 2017 design scope for the trail was limited to 2,100 linear feet; and
WHEREAS, the City authorized Amendment 2 to increase the Scope of Services and compensation for said Amendment on July 17, 2019; and
WHEREAS, the City authorized Amendment 3 to extend the original term as set forth in the Contract for Services dated June 28, 2017 to extend through December 31, 2020; and WHEREAS, the City authorized Amendment 4 to increase the Scope of Services and compensation for said Amendment on June 30, 2020; and
WHEREAS, the City authorized Amendment 5 to increase the Scope of Services and compensation for said Amendment on November 10, 2020; and WHEREAS, the City authorized Amendment 6 to increase the Scope of Services and compensation for said Amendment on June 9, 2021 and extend the term through December 31, 2022; and
WHEREAS, the City authorized Amendment 7 to increase the Scope of Services and compensation for said amendment on November 17, 2021; and WHEREAS, the City authorized Amendment 8 to increase the Scope of Services and compensation for said amendment on October 4, 2022; and WHEREAS, the City and Consultant desire to amend said Contract Bennett Engineering
MC20-112 North Riverwalk Trail
Expires 12/31/24
231
MC20-112 Bennett Engineering Services
Bennett Contract Amendment 9
Exp 12/31/2022

NOW, THEREFORE, IT IS MUTUALLY AGREED by parties hereto to amend said agreement as follows:

I. TERM:

The revised term as set forth in Amendment 6 shall be revised to extend through December 31, 2024.

IN WITNESS WHEREOF the parties hereto have executed this Agreement as the date herein set forth.

CITY OF WEST SACRAMENTO
By:

Aaron Laurel, City Manager

BENNETT ENGINEERING SERVICES
By:

Leo Rubio, President

APPROVED AS TO FORM
By:

Jeffrey Mitchell, City Attorney
ATTEST:

By: ________________________________________________________ Jennifer Cusmir, City Clerk
232

CITY COUNCIL AGENDA REPORT
MEETING DATE: March 15, 2023 ITEM # 6
SUBJECT:

CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE 23-6 AMENDING CHAPTERS 15.12 AND 15.14 OF THE CITY OF WEST SACRAMENTO MUNICIPAL CODE RELATING TO THE 2022 CALIFORNIA BUILDING STANDARDS

CODE WITH LOCAL AMENDMENTS
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Roxanna Recinos-Serna, Chief Building Official
Community Development Department
Bryan Jonson, Fire Marshal
Fire Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is for City Council to conduct the second reading and adoption of Ordinance 23-6 which would amend Chapters 15.12 and 15.14 of the City of West Sacramento Municipal Code, related to the 2022 California Building Standards and local amendments. These amendments clarify the adoption of appendices and will obtain final acceptance by the California Building Standards Commission.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:

1. Find that the amendments to the 2022 Building and Fire Codes with local amendments is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15061(b)(3) and 15308; and

2. Waive the second reading and adopt, Ordinance 23-6 amending Chapters 15.12 and 15.14 of the City of West Sacramento Municipal Code relating to the 2022 California Building Standards Code with local amendments.

BACKGROUND
As part of its periodic review of fire, property and building codes, the California Building Standards Commission published the 2022 California Building Standards Code (California Code of Regulations Title 24) on July 1, 2022.

The 2022 California Building Standards Code (CBC) is based on the 2021 International Building Code (IBC), published by the International Code Council (ICC). The 2022 California Building Standards Code automatically becomes effective in California on January 1, 2023, as published, unless local amendments are adopted by Council prior to January 1, 2023.

On November 16, 2022, the Council adopted the 2022 California Building Standards Code with local amendments to make the code more responsive to the unique topographical, geological, and climatic features of West Sacramento. However, changes were discovered which require further amendments to both Chapter

15.12 and Chapter 15.14, adding and removing language in the appendices under the 2022 California Building Code, California Residential Code, and the California Fire Code.

ANALYSIS
2022 California Building Code
Every three years, the Title 24 California Building Standards Codes are revised, updated, and published by the California Building Standards Commission to include new construction practices, promote better building performance, and provide improved fire and life safety in buildings. This code shall be the exclusive source of regulations for any owner or authorized agent who intends to construct, enlarge, alter, repair, move, replace, demolish, or change the equipment, change the use and occupancy, change the location, maintain. Or remove any building, structure or any appurtenances connected or attached to such buildings or structures throughout the City of West Sacramento.

The 2022 California Building Codes adopted on November 16, 2022, were consistent with previous years.

However, various appendices were found to be redundant/conflicting as they are found in other code sections or in the City’s Municipal Codes. These included the 2022 California Building Code, Appendices F (Rodent 233
Second Reading of Ordinance 23-6
March 15, 2023

Proofing), H (Signs); and 2022 California Residential Code, Appendices AI (Private Sewage Disposal), AJ (Existing Buildings and Structures), and AO (Automatic Vehicular Gates). Appendix D in the California Fire Code was missed in the Findings and required a small edit.

To address these issues, Ordinance 23-6 would amend Chapters 15.12 and 15.14 of the City of West Sacramento Municipal Code, related to the 2022 California Building Standards and local amendments. These amendments would clarify the adoption of appendices and obtain final acceptance by the California Building Standards Commission.

Environmental Considerations
Ordinance 23-6 is exempt from review of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15061(b)(3) and Section 15308 (Class 8). Class 8 involves actions and procedures taken by regulatory agencies for the maintenance, restoration, or protection of the environment.

Commission Recommendation
This update is not under the purview of City commissions and has not been presented to commissions in past updates.

Strategic Plan Integration
Ordinance 23-6 supports the City’s 2022 Strategic Plan Strategies of providing Quality Municipal Services, Quality City Infrastructure and facilities, and helps our residents Feel Safe and Secure, Enjoy Comfortable Living, and Take Pride in Our Community.

Alternatives
If no action is taken, the 2022 California Building Standards Code will not be granted approval by the California Building Standards Commission, thus the adopted ordinances will not become effective.

Coordination and Review
The Fire Department and Community Development Department (Building and Code Divisions) have worked together preparing the amendments. The City Attorney's office has reviewed and commented on the amended ordinance.

Budget/Cost Impact
There will be no fiscal impact with the amendments noted above.

ATTACHMENT(S)

1. Ordinance 23-6

2. Notice of Exemption
234
Attachment 1
ORDINANCE 23-6

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO AMENDING CHAPTERS 15.12 AND 15.14 OF THE CITY OF WEST SACRAMENTO MUNICIPAL CODE RELATING TO THE 2022 CALIFORNIA BUILDING STANDARDS CODE

WITH LOCAL AMENDMENTS
The City Council of the City of West Sacramento does ordain as follows:

Section 1. Purpose and Authority. The purpose of this Ordinance is to amend Chapter

15.12 and Chapter 15.14.

Section 2. Amendment of Chapter. Chapter 15.12 of the West Sacramento Municipal Code is hereby amended to read as follows:

15.12.010 Title.

This chapter shall be known as the West Sacramento Building Code, and may be cited as such, and will be referred to herein as “this code.”

15.12.020 Application.

This code shall be the exclusive source of regulations for any owner or authorized agent who intends to construct, enlarge, alter, repair, move, replace, demolish, or change the equipment, change the use and occupancy, change the location, maintain or remove any building, structure or any appurtenances connected or attached to such buildings or structures throughout the City of West Sacramento.

15.12.030 Conflicts with Other Laws, Rules, etc.

In the event of any conflict between this code and any state or federal law, rule or regulation, that requirement which establishes the higher standard of safety or accessibility shall govern. Failure to comply with such standard of safety or accessibility shall be a violation of this code.

15.12.040 Adoption of California Building Standards Codes.

The following is hereby adopted by reference and incorporated in this code, except as expressly amended or superseded by the provisions of this chapter:

A. The 2022 California Administrative Code, Title 24, Part 1, Chapters 4 (Article 1 Essential Service Buildings & Article 3 Local Buildings), and 10 only.

B. The 2022 California Building Code, Title 24, Part 2, Volumes 1 and 2 of the California Code of Regulations, including the entire following Chapter: Volume 1 of 2, Chapter 1, Scope and Administration, Division I and Division II, as further amended herein, Volume 2 of 2, Chapter 31 (Special Construction), including the following Appendices:

Appendix I (Patio Covers), Appendix J (Grading) and Appendix P (Emergency Housing). The following sections are hereby revised:
a. Volume 1 of 2, Section 101.1 Title. Insert The City of West Sacramento.

C. The 2022 California Residential Code, Title 24, Part 2.5 of the California Code of Regulations, including the following Appendices: Appendix AH (Patio Covers), Appendix AQ (Tiny Houses), Appendix AX (Swimming Pool Safety Act) and Appendix AZ (Emergency Housing).

D. The 2022 California Electrical Code, Title 24, Part 3 of the California Code of Regulations.
235
Ordinance 23-6

E. The 2022 California Mechanical Code, Title 24, Part 4 of the California Code of Regulations.

F. The 2022 California Plumbing Code, Title 24, Part 5 of the California Code of Regulations, including Table 4-1 (Chapter 4).

G. The 2022 California Energy Code, Title 24, Part 6 of the California Code of Regulations.

H. The 2022 California Historical Code, Title 24, Part 8 of the California Code of Regulations.

I. The 2022 California Existing Building Code, Title 24, Part 10 of the California Code of Regulations, including the following Sections: Sections 107, 111, 113, 114, 115, 116 and 117.

J. The 2022 California Green Building Standards Code, Title 24, Part 11 (CAL Green) of the California Code of Regulations.

K. The 2022 California Referenced Standards Code, Title 24, Part 12 of the California Code of Regulations.

L. The International Property Maintenance Code, 2021 edition, as published by the International Code Council including Appendix A Boarding Standard and as further amended herein. The following sections are hereby revised:
a. Section 101.1. Insert City of West Sacramento
b. Section 102.3 Application of other codes is hereby amended to read as follows:
i. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of NFPA 70 and the 2022 California Building Code, Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11, and 12 as amended herein. c. Section 103.1. Insert City of West Sacramento
d. Section 302.4. Insert twelve inches (12”)
e. Section 304.14. Insert October 1st to May 1st
f. Section 602.3. Insert October 1st to May 1st
g. Section 602.4. Insert October 1st to May 1st

15.12.050 Interpretation.

The purpose of this code is to establish the minimum requirements to safeguard the public health, safety, and general welfare through structural strength, means of egress, facility stability, access to persons with disabilities, sanitation, adequate lighting and ventilation and energy conservation; safety to life and property from fire and other hazards attributed to the built environment; and to provide safety to fire fighters and emergency responders during emergency operations.

15.12.060 Liability.

The provisions of this code shall not be construed as imposing upon the City of West Sacramento any liability or responsibility for damage to persons or property resulting from defective work, nor shall the City of West Sacramento, or any official, employee or agent thereof, be held as assuming any such liability or responsibility by reason of the review or inspection authorized by the provisions of this code of any permits or certificates issued under this code.

Section 3. Amendment of Chapter 15.14. Chapter 15.14 of the West Sacramento Municipal Code is hereby amended to read as follows:

15.14.010 Adoption of California Fire Code.
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Ordinance 23-6

The 2022 California Fire Code, Title 24, Part 9 of the California Code of Regulations, and appendices Chapter 4, B, BB, C, CC, and D are hereby adopted by the City of West Sacramento and incorporated by this reference into the City of West Sacramento Municipal Code, as amended by this Chapter.

15.14.020 Enforcement.

The Fire Code shall be enforced by the Community Risk Reduction Division of the City of West Sacramento Fire Department under the supervision of the Fire Marshal.

15.14.030 Definitions.

The following definitions are exclusively applicable to Chapter 15.14:

A. Whenever the words "city," "jurisdiction" or "city or jurisdiction" are used in the California Fire Code, it shall mean the City of West Sacramento.

B. Whenever the term "chief appointing authority of the jurisdiction" is used in the California Fire Code, it shall mean the City Manager of the City of West Sacramento.

C. Whenever the term "legal representation of the jurisdiction" is used in the California Fire Code, it shall mean the City Attorney of the City of West Sacramento.

D. Whenever the term "fire department" is used in the California Fire Code, it shall mean the West Sacramento Fire Department.

E. Whenever the term "jurisdiction’s keeper of records" is used in the California Fire Code, it shall mean the City Clerk of the City of West Sacramento.

F. Whenever the term "fire code official" is used in the California Fire Code, it shall mean the Fire Marshal of the City of West Sacramento.

G. Whenever the term "governing body" is used in the California Fire Code, it shall mean the City Council of the City of West Sacramento.

15.14.040 Amendments to the California Fire Code.

A. Section 112.4 of Chapter 1 of the California Fire Code is hereby amended to read as follows:

Section 112.4 Violation penalties. Violations of a provision of this code or the failure to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be a misdemeanor. Each day that prohibited conditions are maintained shall constitute a separate offense, except as waived by the fire code official. The imposition of any penalty shall not prevent the enforced removal of prohibited conditions or excuse the violation.

B. Section 202 of Chapter 2 of the California Fire Code is hereby amended to add and amend the following definitions:

AREA, RURAL. Are areas within the City of West Sacramento in which adequate and reliable water supply systems for firefighting purposes do not exist or any area beyond a five-minute emergency response time.

BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy, including manufactured homes, mobile homes, and modulars.

C. Section 503.2.3 of Chapter 5 of the California Fire Code is hereby amended to read as follows:
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Ordinance 23-6

Section 503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus, shall meet the minimum road specifications as set forth in the latest published edition of the City of West Sacramento Community Development Department Engineering Division Standard Specifications, and shall provide all weather driving capabilities.

D. Section 503.2.4 of Chapter 5 of the California Fire Code is hereby amended to read as follows:

Section 503.2.4 Turning radius. For all turns on public and private roads the minimum inside turning radius shall be 26 feet and the minimum outside turning radius shall be 46 feet.

E. Section 503.2.7 of Chapter 5 of the California Fire Code is hereby amended to read as follows:

Section 503.2.7 Grade. The grade of a fire apparatus access road shall be a maximum of 12 percent.

F. Section 503.2.8 of Chapter 5 of the California Fire Code is hereby amended to read as follows:

Section 503.2.8 Angles of approach and departure. The first ten feet of approach and departure for fire apparatus access roads shall have a maximum grade of 8.5 percent.

G. Section 505.1.1 is hereby added to Chapter 5 of the California Fire Code to read as follows:

Section 505.1.1 Multiple tenant building identification. Required features:

1. Multiple tenant spaces serviced by vehicular access to the rear through any driveway, alleyway, or parking lot shall have approved address numbers, building numbers or approved building identification placed prior to occupancy on all new and existing buildings as to be plainly visible and legible from the rear access way when deemed necessary by the fire code official.

2. Multiple tenant spaces serviced by rear access through a corridor, exit court, or exit yard shall have approved address numbers, building numbers or approved building identification displayed on the rear of the tenant space, when deemed necessary by the fire code official.

3. Multiple tenant spaces that front on interior walkways or pedestrian malls shall have approved address numbers, building numbers or approved building identification placed over the entrance door in all new and existing buildings.

4. An illuminated directory board shall be required at every entrance when deemed necessary by the fire code official.

H. Section 505.1.2 is hereby added to Chapter 5 of the California Fire Code to read as follows:

Section 505.1.2 Illumination. Addressing shall be illuminated at night in all new buildings. Signs shall be internally or externally illuminatedWhen the luminance or the face of a sign is from an external source, it shall have an intensity of not less than 5.0 footcandles. Internally illuminated signs shall provide equivalent luminance.

I. Section 901.6.4 is hereby added to Chapter 9 of the California Fire Code to read as follows:
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Ordinance 23-6

Section 901.6.4 Residential sprinkler system certification for home resale. All residential occupancies up for resale and equipped with a NFPA 13D sprinkler system or sprinkler system meeting the requirements of the California Residential Code are required to be inspected by qualified personnel; and all necessary repairs shall be completed prior to the closing of escrow.

J. Section 903.2.22 is hereby added to Chapter 9 of the California Fire Code to read as follows:

Section 903.2.22 Additional automatic fire-extinguishing system requirements. An approved automatic fire-extinguishing system shall be installed in every new building in which the total combined floor area of all floors, including mezzanine levels, exceeds 4,000 square feet (372 m2). Required features:

1. Notwithstanding other provisions of this Code, this rule shall be applied to alterations, additions, and changes of occupancy to all new buildings and buildings in existence as of the effective date of this ordinance.

2. An alteration involving no change in occupancy, use or character of a building in existence as of the effective date of this ordinance, and which does not require an increase in the floor area, total height or number of stories of such existing building, may be made without bringing the entire building into compliance with this section.

3. No change shall be made in the character or occupancy or use of any building or structure in existence as of the effective date of this ordinance unless the entire building or structure is made to comply with this section.

Section 903.2.22.1 Conditions requiring automatic fire-extinguishing systems. The following conditions will require an automatic sprinkler system to be installed in all occupancies:

1. Any structure or building that is more than two stories above grade plane or where access to the average height of the roof is more than 25 feet above grade for the purpose of fire department access.

2. A structure or building that is located on any property in which any portion of the structure or building is more than 400 feet from a fire hydrant or more than 350 feet from a fire hydrant because of a dead-end condition.

3. Any structure or building that is located on any property which any portion of the structure or building is located more than 150 feet from the nearest fire department access road.

Exceptions:

1. In rural single-family dwellings without fire sprinklers in existence as of the effective date of this ordinance, wherein additions that increase total floor area up to 2,500 square feet, no sprinkler system will be required.

1.1 Patio covers connected to single-family dwellings shall not be counted when determining total floor area for purposes of Section 903.2.22.1.

2. In rural Group U occupancies that do not exceed 1,000 square feet in total floor area, no sprinkler system will be required.

3. In rural Group U occupancies in existence as of the effective date of this ordinance wherein additions that increase the total floor area up to 1,000 square feet and is provided with exterior wall and opening protection as per Tables 601, 602 and 705.8 of the California Building code, no sprinkler system shall be required.
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Ordinance 23-6

4. Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries and standby engines, provided those spaces or areas are equipped throughout with an automatic fire alarm system and are separated from the remainder of the building by fire barriers consisting of not less than 1- hour fire-resistance-rated walls and 2-hour fire-resistance-rated floor/ceiling assemblies, no sprinkler shall be required.

K. Section 5001.5.3 is hereby added to Chapter 50 of the California Fire Code to read as follows:

Section 5001.5.3 Hazardous materials inventory fee. Permitted facilities in which hazardous materials are stored, used or handled are subject to the annual Hazardous Materials Storage Fee, as prescribed by resolution of the City Council.

L. Section 5003.1.5 is hereby added to Chapter 50 of the California Fire Code to read as follows:

Section 5003.1.5 Parking and garaging. Vehicles containing hazardous materials in amounts that require placards under state or federal law and possessing the physical hazards listed in Section 5001.2.2 et seq. shall not be left unattended at any time on any residential street or within 500 feet of any residential area, apartment or hotel complex, educational, hospital or care facility; or at any place that would, in the opinion of the fire code official, present a life or safety hazard.

M. Section 5614 is hereby added to Chapter 56 of the California Fire Code to read as follows:

Section 5614 Prohibited and limited acts. The storage of explosives and blasting agents is prohibited within the City of West Sacramento. This prohibition shall not apply to the temporary storage of explosives and blasting agents for use in connection with approved blasting operations, wholesale and retail stocks of small arms ammunition, explosive bolts, explosive rivets or cartridges for explosive actuated power tools in quantities involving less than 500 pounds of explosive material. For purposes of Health & Safety Code Section 12007, the fire code official shall be the "issuing authority" and shall be responsible for enforcement.

N. Section 5615 is hereby added to Chapter 56 of the California Fire Code to read as follows:

Section 5615 Explosives and blasting agents at terminals. Shipments of explosives or blasting agents through or within the City West Sacramento shall be transported as expeditiously as possible. Explosives and blasting agents may not be maintained in terminals for more than twenty-four hours (24), including Sundays and holidays. Explosive and blasting agents may not be stored in terminals adjacent to areas zoned RRA, R-1-A, R-1-B, R-2, R-3, and R-4 for not more than two (2) hours.

O. Section 5704.2.9.6.1 of Chapter 57 of the California Fire Code is hereby amended to read as follows:

Section 5704.2.9.6.1 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited within the limits established by law as the limits of districts in which such storage is prohibited in the following zoned areas: RRA, R-1-A, R 1 B, R-2, R 3, R-4, C-1, C-2, C-H, C-W, C-3, P-O, CBD, and WF.

P. Section 5806.2 of Chapter 58 of the California Fire Code is hereby amended to read as follows:
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Ordinance 23-6

Section 5806.2 Limitations. Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited within the limits established by law as the limits of districts in which such storage is prohibited in the following zoned areas: RRA, R1-A, R 1 B, R-2, R 3, R-4, C-1, C-2, C-H, C-W, C-3, P-O, CBD, and WF.

Q Section 6104.2 of Chapter 61 of the California Fire Code is hereby amended to read as follows:

Section 6104.2 Maximum capacity within established limits. Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate capacity of any one installation shall not exceed a water capacity of 500 gallons (1,893 L) in the following zoned areas in the City of West Sacramento: RE, RRA, R-l-A, R-1-B, R 2, R-3, R-4, C-1, C-2, C-H, C-W, C3, P-0, CBD, and WF, and those areas that are heavily populated or congested and as required by provisions of the City's zoning ordinances.

Exception: In particular installations, this capacity limit shall be determined by the fire code official, after consideration of special features such as topographical conditions, nature of occupancy, and proximity to buildings, capacity of proposed containers, degree of fire protection to be provided and capabilities of the local fire department.

R. Section C102.2 is hereby added to Appendix C of the California Fire Code to read as follows:

Section C102.2 Hydrants on both sides of street. Hydrants shall be required on both sides of the street as set forth in the latest published edition of the City of West Sacramento Community Development Department Engineering Division Standard Specifications whenever one or more of the following conditions exist:

1. Streets that have median center dividers that make access to hydrants difficult, cause a time delay in fire response, or creates an undue hazard.

2. There are four (4) or more lanes of traffic.

3. Street width greater than 88 feet from the back of sidewalk.

S. Section C104.2 of Appendix C of the California Fire Code is hereby added to read as follows:

Section C104.2 Existing fire hydrants. Required Features:

1. Existing single outlet 2.5 inch hydrants shall be changed to an approved City standard hydrant, as set forth in the latest published edition of the City of West Sacramento Community Development Department Engineering Division Standard Specifications when a tentative subdivision or parcel map, merge of lots, change of use of an existing building, expansion of an existing structure or new construction increases the required fire flow.

2. Existing single outlet 2.5 inch hydrants located adjacent to project frontage on any city right of way shall be changed to an approved city standard hydrant, as set forth in the latest published edition of the City of West Sacramento Community Development Department Engineering Division Standard Specifications.

3. Existing single outlet 2.5 inch hydrants serving new development or construction shall be changed to an approved city standard hydrant, as set forth in the latest published edition of the City of West Sacramento Community Development Department Engineering Division Standard Specifications. 241
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4. Where water main improvements are required to meet fire flow and the existing water main has a single 2.5 inch outlet fire hydrant, an upgrade of hydrants will be required.

5. Existing hydrants in conflict with new right of way improvements shall be moved to an approved location at no cost to the City of West Sacramento.

Section 4. Findings. The City Council of the City of West Sacramento finds and declares that the additions, modifications, and changes made to these codes are either expressly left to the authority having jurisdiction or necessary for the protection of the public health, safety, and welfare due to climatic, geological, or topographical conditions. These amendments are authorized under Health & Safety Code Section 17958 and are identified as follows:

California Building Code Title 24, Part 2, Volumes 1 of the California Code of Regulations, Section 101.1 amendment is necessary for administrative clarification, and does not modify a Building Standard pursuant to California Health and Safety Code Sections 17958, 17958.5, and 17958.7. These amendments establish administrative standards for the effective enforcement of building standards throughout the City of West Sacramento.

1. Climatic
California Fire Code Sections 503.2.3, 503.2.4, 503.2.7, 503.2.8, 901.6.4, 903.2.22, 903.2.22.1, 913.7, 5003.1.5, 5614, 5615, 5704.2.9.6.1, 5806.2, 6104.2, and Appendix D.

Average yearly rainfall for the city is approximately 18 inches. This rainfall normally occurs from October to April. Low-level fog (tulle-fog) is present throughout the winter months reducing roadway visibility. This reduced visibility increases emergency response times. The city is surrounded by levees and multiple water sources. During large storm events the capacity of the city’s underground storm water drainage system is exceeded in some areas.

The resulting localized flooding and road closures increase emergency response times.

During the summer months, there is generally no measurable precipitation. Temperatures for this dry period range from 70 to 112 degrees Fahrenheit and are frequently accompanied by light to gusty south winds. The relative humidity during summer months ranges from 2-30 millimeters Hg, which is considered arid. The arid condition dries vegetation to a point at which it is exceedingly combustible and easily ignited.

Sections 503.2.3, 503.2.4, 503.2.7, 503.2.8, and Appendix D determine road characteristics that ensure emergency response vehicles have access in all weather conditions. These features are critical when large storm events produce localized flooding or otherwise impact road conditions.

Buildings located in portions of the city where combustible vegetation is present, are at an increased risk of fire. The need for reduced fire area due to climatic conditions within Yolo County warrants a lower sprinkler threshold. Sections 901.6.4, 903.2.22, 903.2.22.1, and 913.7 are amended to address these specific issues by requiring sprinkler and associated systems in buildings that are greater than 4,000 sq. ft. in total floor area. A lower threshold for sprinklers and associated systems will provide more buildings with protection reducing property loss and personal injury.

Section 5003.1.5 has been amended to require vehicles containing hazardous materials in amounts that require placarding to not be left unattended in certain zoned areas. Summertime temperatures from 70 to 112 degrees Fahrenheit are frequently accompanied by light to gusty south winds leading to potentially dangerous fire conditions. The limited amount of hazardous materials stored in residentially zoned areas reduces risk.

Sections 5614 and 5615 limit the storage and transportation of explosives within the city.

Summertime temperatures from 70 to 112 degrees Fahrenheit are frequently accompanied by light to gusty south winds leading to potentially dangerous fire conditions. The limited amount of explosive material stored within the city reduces risk. 242
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Section 5704.2.9.6.1 limits the storage of flammable and combustible liquids in residentially zoned areas. Summertime temperatures from 70 to 112 degrees Fahrenheit are frequently accompanied by light to gusty south winds leading to potentially dangerous fire conditions.

The limited amount of flammable and combustible liquids stored in residentially zoned areas reduces risk.

Section 5806.2 limits the storage of flammable cryogenic fluids in stationary containers outside of buildings in certain zoned areas. Summertime temperatures from 70 to 112 degrees Fahrenheit are frequently accompanied by light to gusty south winds leading to potentially dangerous fire conditions. The limited amount of flammable cryogenic liquids stored in residentially zoned areas reduces risk.

Section 6104.2 limits the maximum size of liquefied petroleum gas containers to 500 gallons in certain zoned areas. Summertime temperatures from 70 to 112 degrees Fahrenheit are frequently accompanied by light to gusty south winds leading to potentially dangerous fire conditions. The limited amount of liquefied petroleum gas stored in residentially zoned areas reduces risk.

2. Topographical
California Fire Code Sections 505.1.1, 505.1.2, C102.2, and C104.2.

Topographical features within and surrounding the city increase emergency response time.

These features include open space, agriculture, bridges, drainage canals, freeways, railroad tracks, and large industrial facilities. Other topographical features include the Sacramento River, the Yolo Flood By-Pass, and the Deep Water Ship Channel. These features require traffic to be either routed around or delayed depending on the topographical feature. Traffic delays caused by railway crossings can be several minutes in length increasing emergency response times. Heavy traffic congestion on city streets acts as a barrier to timely response for fire and emergency vehicles.

Sections 505.1.1 and 505.1.2 have been amended to address the location and visibility of addressing on new and existing buildings. Visible addressing reduces emergency response times for fire and rescue personnel. The ability to quickly locate the proper address is critical when topographical features such as agriculture, bridges, drainage canals, freeways, railroad tracks, and large industrial facilities may delay emergency response personnel.

Sections C102.2 and C104.2 have been amended to ensure an adequate water supply is available when topographical features such as agriculture, bridges, drainage canals, freeways, railroad tracks, and large industrial facilities may delay emergency response personnel.

Section 5. Filing of Ordinance. The City Clerk is hereby directed to file a copy of this Ordinance with the California Building Standards Commission.

Section 6. Severability. If any provision of this chapter, or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this chapter, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this chapter are severable.

Section 6. Effective Date and Publication. This ordinance shall take effect 30 days after its adoption, and pursuant to Resolution 99-46 was published in summary format prior to adoption, and a summary will be published within 15 days after adoption in a paper of general circulation published and circulated within the City of West Sacramento.

PASSED AND ADOPTED by the City Council of the City of West Sacramento this 15th day of March 2023, by the following vote:
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AYES:

NOES:

ABSENT:
_________________________
Martha Guerrero, Mayor
ATTEST: Approved as to form:
___________________________ __________________________
Jennifer Cusmir Jeffrey Mitchell
City Clerk City Attorney
X
Codify Uncodify
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CITY COUNCIL AGENDA REPORT
MEETING DATE: March 15, 2023 ITEM # 7
SUBJECT:

CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE 23-1 REGARDING 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 second reading and adoption of Ordinance 23-1 pertaining to Municipal Code amendments to permit and license retail cannabis sales (storefront and non-storefront/delivery only) and microbusinesses.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) 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 reflect the independent judgment of the City as lead agency under CEQA; 2) Waive second reading and read by title and number only Ordinance 23-1 Amending, Repealing and ReEnacting Municipal Code Chapter 5.28 (Cannabis Retail) and Amending Title 17 (Zoning) Pertaining to Retail Cannabis Sales and Microbusinesses; and
3) Direct staff that no applications for retail cannabis licenses may be accepted until the Council has approved for implementation the Equity Pilot Program described in Section 5.28.040(a) of Ordinance 23-

1. 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 passed with 57.1%). It was also favored by 15 out 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).
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7) Microbusinesses: cultivation up to 10,000 square feet, non-volatile extraction, distribution or transportonly, retail (storefront or non-storefront).

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 three 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 Sacramento region and throughout California.

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 the 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
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 1 City of Davis OpenGov Financial Transparency Tool
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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.

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 overall 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 third-party 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 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 administratively.

Staff believes that the lottery concept, which would be by chance, is critical for the ultimate disposition of the storefront retail cannabis program. Staff anticipates receiving numerous applications once the City issues the 248
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RFP. It is possible that more than one applicant will be seeking the same location as at this stage they would not be required to have real property interest. It is also possible that more than one 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 must pick between applicants there is high risk for legal 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 could be moot. However, conventional wisdom suggests that the City could receive at least 15 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 249 Retail Cannabis- 2nd Reading
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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 and implemented concurrently with the overall retail program. This would apply to storefront retail only. Elements of the EPP program could include, but may not be limited to, the following:
1) Reduced or waived application fees
2) Reduced or waived revenue contribution
3) City acquiring a building and being a storefront retailer’s landlord 4) Preference to women-owned and/or minority-owned businesses 5) 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 regulations and stay compliant is the best way to ensure West Sacramento’s cannabis business community 250
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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 10,000 public hearing notices for the Planning Commission and City Council meetings.

City Council Public Hearing
The City Council held a public hearing on Ordinance 23-1 on February 15, 2023. After discussion and public comment, the Council voted unanimously to conduct first reading of the Ordinance. The Council also directed staff to develop the EPP concurrently with overall retail cannabis program.

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. Staff will file a Notice of Exemption (see Attachment 3) upon final action on Ordinance 23-1 by the Council.

Commission Recommendation
The Planning Commission conducted a public hearing on November 17, 2022, and ultimately voted unanimously to approve Resolution 22-4PC (see Attachment 4), 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. 251
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Strategic Plan Integration
Retail Cannabis Evaluation & Direction is on the City Council’s 2022 Strategic Plan Policy Agenda.

Alternatives
1) Waive second reading and read by title and number only Ordinance 23-1 thereby 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 second 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 are borne by the General Fund.

ATTACHMENTS
1) Ordinance 23-1
2) Storefront retail cannabis overlay map
3) Notice of Exemption
4) 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
Section 1. Purpose. The purpose of this Ordinance is to repeal and re-enact Municipal Code Chapter 5.28 (Cannabis Retail) and Amend Title 17 (Zoning) to facilitate retail cannabis sales and microbusinesses.

Section 2. Amendments. The following sections of the West Sacramento Municipal Code are hereby amended to read as follows:

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, 253
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. (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, 254
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.

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 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.
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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.

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.
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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.

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:
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(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.
(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 applicants. 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.
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(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.

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 as approved by the City Council; (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.
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(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:
(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 260
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.
(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 261
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 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.
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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. (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, except for 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. 263
(4) Any other material breach of security.
(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. 264
(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 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. 265
(2) The number, location, and hours of security guards shall be included in the application submittal.
(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. (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 266
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.
267
268
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
269
270

17.30.080 Cannabis
(a) Cannabis Retail. Storefront cannabis retailers, microbusinesses and dispensaries are regulated pursuant to Chapter 5.28, Cannabis Retail.

Section 3. Effective Date and Publication. This Ordinance shall take effect 30 days following City Council Adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of West Sacramento on this 15th day of March 2023, by the following vote:

AYES:

NOES:

ABSENT:
______________________________________
Martha Guerrero, Mayor
ATTEST: Approved as to form:
_______________________________
______________________________________
Jennifer Cusmir, City Clerk Jeffrey Mitchell, City Attorney CODIFY X__ UNCODIFY ___
271
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Allan Ave
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Beltrami Ct
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F:\GIS\Projects\CommunityDevelopment\3019_RetailOverlay\3019_RetailOverlay.aprx3019_RetailOverlay,2/15/2023, brianc DRAFT - Retail Overlay
Zoning
Commercial
Business Park,BP
Commercial,C
Mixed-Use
Mixed Use Neighborhood
Commercial,MU-NC
Other
Public Open Space,POS
0 0.25 0.5 1 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 - South
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 272

Statutory Exemptions. State code number:

_______________________________________________
Print Form
Notice of Exemption Appendix E
To: Office of Planning and Research From: (Public Agency): ____________________________ P.O. Box 3044, Room 113 _______________________________________________ Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:

Project Location - City: ______________________ Project Location - County:

Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:

Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date:

Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
273 Revised 2011
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 274
Resolution 22-4PC
Page Two
Planning Commission Chairperson
ATTEST:

David W. Tilley, Secretary
DocuSign Envelope ID: B19EB2A4-13B6-4DE8-BB05-56C18568AF00 275

CITY COUNCIL AGENDA REPORT
MEETING DATE: March 15, 2023 ITEM # 8
SUBJECT:

CONSIDERATION OF RESOLUTION 23-21 ESTABLISHING A BUDGET

APPROPRIATION FROM MEASURE E FUNDS FOR HOMEKEY PROGRAM

MAINTENANCE EQUIPMENT AND SUPPLIES
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other Raul Huerta, Housing Manager
Economic Development and Housing Department
ATTACHMENT [X] Yes [ ] No [[ ]] Information [ ] Direction [X] Action

OBJECTIVE
The purpose of this report is to provide sufficient information for the Council to adopt Resolution 23-21 establishing a budget appropriation from Measure E funds for Homekey Program maintenance equipment and supplies.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt Resolution 23-21 establishing a budget appropriation funded by Measure E revenue for Homekey Program maintenance equipment and supplies.

BACKGROUND
On November 18, 2020, the Council authorized the acquisition of the 40-unit Rodeway Inn motel as part of its ongoing efforts to assist the homeless amid the COVID-19 pandemic. The acquisition of the Rodeway Inn was made possible with funds from the State Homekey Program. In addition to the $3,519,212 Homekey Program award, a CARES-fund subaward of $638,775 from Yolo County and local funds from City’s Community Development Block Grant Program ($1,202,874) and Measure E ($2,274,359) funds were used for the acquisition and minor rehabilitation of the Rodeway Inn. With the City’s award of Homekey Program funds and acquisition of the Rodeway Inn, the City is responsible for operations and supportive services for program participants. The Homekey Program must remain operational for a minimum of five-years.

After the acquisition of the Rodeway Inn, the Council approved a two-year contract with Yolo County Housing to provide property management and maintenance services for the Homekey Program. During the two-year period, YCH went through several administrative changes and the services provided were inconsistent and deficient, resulting in Community Outreach and Support staff taking on a larger role in day-to-day operations, which took them away from providing other services. Because of the inconsistency in services, staff released a Request for Proposals (RFP) for property management in November 2021, yielding zero responses despite staff’s efforts to reach out to property management service providers. Given the unique nature of the Homekey Program, serving formerly homeless individuals, and the limited contract providers of such services, staff recommended that property management and property maintenance positions be created to serve the current Homekey Program at the former Rodeway Inn and any future expansion of these services. Having City positions would allow the Community Outreach and Support Division to have greater oversight and management of both positions to ensure effective implementation of property management and maintenance services.

ANALYSIS
On December 7, 2022, the City Council authorized one FTE Stationary Engineer position to oversee maintenance at the Homekey Program site and any future expansion of these services. Ongoing costs for the position were funded by American Rescue Plan through December 31, 2024, and then Measure E thereafter. Interviews have been conducted to fill the position and staff estimates on-boarding by end-of-March.

While the position was funded, equipment and supplies were not budgeted at the time. Staff has estimated onetime costs of $12,385 for vehicle lease, vehicle buildout, fuel, telephone, tools, and other necessary equipment.

Ongoing costs, including vehicle lease, tools, fuel, telephone stipend and other supplies, are estimated at approximately $15,000 annually. Staff is recommending an appropriation of $27,385 in Measure E funds to cover these costs in the current fiscal year. Future year ongoing appropriation needs will be requested as part of the upcoming budget process.

Environmental Considerations
On November 18, 2020, the Council made a finding that the acquisition of the Rodeway Inn was statutorily exempt from California Environmental Quality Act (CEQA) analysis under §50675.1.2 of the California Health and Safety 276 Code relating to Multi-Family Housing and exempt under the Class 1 (Existing Facilities) Categorical Exemption (California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15301).

Commission Recommendation
Not applicable.

Strategic Plan Integration
These recommendations support the City Council’s Mission to provide Quality Municipal Services and a City government that is financially sound with a superior workforce.

Alternatives
The Council’s primary alternative to the recommended action is to reject the appropriations of Measure E funds.

This is not recommended as the funds will support City’s Homekey Program, which must remain operational for a minimum of five years.

Coordination and Review
This report has been coordinated between the City Manager's Office, Human Resources Division, Finance Department, and impacted departments.

Budget/Cost Impact
Staff is requesting an appropriation of $27,385 in Measure E funds to cover one-time and on-going maintenance equipment and supply costs for the current fiscal year. Future ongoing appropriations will be requested as part of the upcoming budget process.

ATTACHMENTS

1. Resolution 23-21

2. Measure E Analysis
277
Attachement 1
RESOLUTION 23-21

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

ESTABLISHING A BUDGET APPROPRIATION FROM MEASURE E FOR HOMEKEY

PROGRAM MAINTENANCE EQUIPMENT AND SUPPLIES
WHEREAS, the City of West Sacramento (City) was awarded Homekey Program funds from the State Department of Housing and Community Development (HCD) for motel acquisitions for interim housing to serve people experiencing, or at risk of experiencing, homelessness who are impacted by the COVID-19 pandemic; and WHEREAS, on November 18, 2020, the City Council authorized the acquisition of the Rodeway Inn as part of the Homekey Program and appropriated additional Measure E, Community Development Block Grant and Yolo County Coronavirus Relief Funds for the motel purchase; and
WHEREAS, additional one-time and ongoing funds are needed for Homekey Program maintenance equipment and supplies, and those funds are proposed to be appropriated from the Measure E fund, which has sufficient available balance and is an appropriate source of funds for this project given that Measure E funds were utilized to fund a portion of the initial property acquisition; and
WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City staff, and any other information provided during public meetings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Sacramento as follows:

1. The City Council hereby approves amendments to the Operations and Maintenance budget for fiscal year 2022/2023 as listed below.

SOURCES
$27,385 110-0000-3110 Measure E Fund Balance
$27,385 TOTAL SOURCES
USES
$15,000 110-9019-5259 Homekey Program (Ongoing)
$12,385 110-9019-5259 Homekey Prog Special Dept Exp (One-Time) $27,385 TOTAL USES

2. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.

3. This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED by the West Sacramento City Council this 15th day of March 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
278
Resolution 23-21

ATTEST:

Jennifer Cusmir, City Clerk
Martha Guerrero, Mayor
279
Attachment 2
Measure E Analysis ______
Project Description
This requested expenditure is to assist with maintenance equipment and supplies for the City’s Homekey Program at the former Rodeway Inn. The Homekey Program was created as a response to the COVID-19 pandemic to provide interim housing for homeless individuals, or at risk of being homeless. The Homekey Program was used to transition Project RoomKey participants that were being housed in West Sacramento motels. The Homekey Program will operate for a minimum of five years, at which point the City will seek to redevelop the site and replace the Homekey units with affordable housing units on- or off-site. Initial funding for the City’s Homekey Program come from the State Department of Housing and Community Development (HCD) Homekey Program and local funding sources such as Community Development Block Grant (CDBG) Coronavirus, CDBG Program Income funds and a subaward of Yolo County Coronavirus Relief Funds. The City also received an operational subsidy award of $960,000 from the State Homekey Program. Additional funding for program operations and supportive services was received from Yolo County Emergency Solutions Grant-Coronavirus Round 2 (ESG-CV2) and Yolo County CDBG-CV funds.

Policy Context
“Homelessness and Communitywide Impacts” is a Top Priority Policy Management Agenda item from the Council’s 2019 Strategic Plan and on the Management Agenda of the 2020 Strategic Plan. Furthermore, COVID Resiliency and the need to “Adapt and persevere through COVID-19” is noted on the 2020 Strategic Plan vision. Lastly, voter-approved Measure E specifically listed “reducing community impacts of homelessness” as one of its programmatic uses.

Supplementary Funds
The proposed expenditure is to support a homeless assistance program that will be partially funded by the City. Additional funding sources for the City’s Homekey Program include HCD Homekey Program funds, local CDBG funds and a subaward of Yolo County Coronavirus Relief Funds. Additional funding for program operations and supportive services was received from Yolo County Emergency Solutions Grant-Coronavirus Round 2 (ESG-CV2) and Yolo County CDBGCV funds. This effort will create fiscal as well as other benefits by providing medium-term housing for one of the most vulnerable populations during the COVID-19 pandemic and beyond. The Homekey Program will also provide the City’s Homeless Manager with an additional resource to help West Sacramento residents escape homelessness. While difficult to quantify, the project is also expected to create soft cost savings to the Police Department by reducing the amount of time spent on homeless-related enforcement activities.

Maintenance Equipment and Supplies
The proposed Measure E expenditure will be used to pay for maintenance equipment and supplies to support the City’s Homekey Program. In addition to the State Homekey Program award to acquire the Rodeway Inn, the City was awarded an operational subsidy of $960,000, which has been used to pay for Homekey Program operational costs such as utilities, security, minor repair/replacements, property management and supportive services, among others – the operation subsidy has now been depleted. Staff has been successful in securing additional funding to cover the cost of supportive services (case management, housing navigation, food distribution and limited laundry services) for program participants, including a $108,029 subaward of Yolo County Community Development Block Grant-Coronavirus (CDBG-CV) funds and a $396,000 subaward from Yolo County Emergency Solutions Grant-Coronavirus Round 2 (ESG-CV2) funds. Additionally, the Council approved an allocation of $85,571 of local 2022 CDBG funds and $86,588 in local 2022 CDBG-CV funds for supportive services. While current grant awards and allocations will cover the cost of supportive services, additional funding is 280
needed for maintenance equipment and supplies.

Desired Outcome
The proposed Measure E expenditure is expected to mitigate and reduce the community impacts of homelessness. The program will provide interim housing for homeless individuals, or at risk of being homeless, to respond to the COVID-19 pandemic and beyond. Participants will also receive supportive services from Yolo County Health and Human Services Agency, Yolo County Children’s Alliance, Mercy Coalition of West Sacramento and the City’s Homeless Manager. The City’s Homekey Program will be active for a minimum of five-years, during which time the goal will be to secure permanent housing for Homekey Program participants. During this time, participants will be indoors and safe from the dangers that they face from living outdoors.

Theory of Change
The proposal’s outcomes are premised on two key assumptions: (1) the Homekey Program model will directly promote positive behavioral changes for participants by providing supportive services with a goal to achieve self-sufficiency and place them in permanent housing; (2) an increase in positive behavioral changes will further encourage participants to rebuild effective work habits, take on leadership opportunities, further their education, and ready themselves to reenter the workforce and housing through the support of a positive community.

There are two key risks to this vision: (1) the Homekey Program fails to secure enough willing participants for the program, and (2) participants remain unresponsive to the increase in positive behavior changes. To mitigate the first risk, the City’s Homekey Program will have multiple entry points to the program. These entry points include: 1) existing Project RoomKey participants being house in West Sacramento motels; 2) referrals from the West Sacramento Homeless Manager; and 3) referrals from partner relationships with other agencies in the City. The following factors mitigate the second risk: (1) supportive services will be offered on-site to all Homekey Program participants by Yolo County Health and Human Services Agency, Yolo County Children’s Alliance, Mercy Coalition of West Sacramento and the City’s Homeless Manager, with an ultimate goal of self-sufficiency and identifying a permanent housing alternative, and (2) homeless persons who engage in illegal behaviors will be subject to enforcement actions from the Police Department.

Performance Metrics
Homekey Program participants will be tracked using the Yolo County Continuum of Care (CoC) Health Management Information System (HMIS). The HMIS is used County-wide to track services individuals are receiving, individual’s health needs and is used for housing placement opportunities. Additionally, staff will maintain records on the following metrics:
 Number of Homekey Program participants being served
 Number of Homekey Program participations receiving supportive services  Number of Homekey Program participants who have moved into permanent housing  Number of Homekey Program participations who have gained employment  Number of Homekey Program participations who removed barriers to self-sufficiency Collectively, staff believes the analyses summarized above will provide the Council with ample information to review the program’s performance and assess its effectiveness. 281

CITY COUNCIL AGENDA REPORT
MEETING DATE: March 15, 2023 ITEM # 9
SUBJECT:

CONSIDERATION OF RESOLUTION 23-11 AND AWARD OF CONTRACT

TO MELTON DESIGN GROUP FOR THE HERITAGE OAKS PARK
MASTER PLAN DESIGN PROJECT (CIP-62134)
REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Erin Rivas, Business Manager
Parks and Recreation Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is to provide sufficient information to City Council for consideration of a contract award to Melton Design Group for the Heritage Oaks Park Master Plan Design Project, as well as additional funding needed to complete the project design.

RECOMMENDED ACTIONS
Staff respectfully recommends that the City Council:
1) Adopt Resolution 23-11 which amends the Fiscal Year 2022/2023 CIP to appropriate additional funding needed to complete the Heritage Oaks Park Master Plan Design Project; 2) Award a Professional Services Contract to Melton Design Group in an amount not to exceed $489,000 for the Heritage Oaks Park Master Plan Design Project (CIP-62143); 3) Authorize the City Manager or his designee to execute a Contract with Melton Design Group in the amount of $489,000;
4) Authorize the City Manager to execute non-substantive changes or modifications to the Contract with Melton Design Group with approval from the City Attorney; and 5) Authorize the City Manager or his designee to execute Contract amendments up to 15% ($73,350) of the value of the Contract.

BACKGROUND
The Heritage Oaks Park site is a 9.1-acre park site designated as a Community Park in the City's General Plan and Parks, Recreation and Open Space Master Plan. The park property was accepted by the City in 2016 as part of an adjacent development project to preserve and provide public access to the existing 162 trees on site (83 of which are native Heritage Oaks) and to offer new recreation opportunities for the entire community. The site is partially developed with improvements made by concessionaire, Kletterwald Heritage Oaks Park, LLC in 2020, including a privately-owned and operated ropes course located in the grove of oak trees, a small concession/reception building with a restroom, and a parking lot and a new play area for public use. New recreation activities proposed for the site will support expanded use of the ropes course and existing improvements, but also offer additional, new recreation experiences for the community, including a new public plaza and picnic pavilion, nature-themed play area, interactive water feature, BMX skills course, a skate park plaza, public art, demonstration garden, fitness stations, walking paths, an elevated boardwalk and expanded restroom facilities and parking lot.

In July 2022, the California Department of Parks and Recreation announced the recommendations to the National Park Service for $45 million in Land and Water Conservation Fund (LWCF) grants for 16 local park projects. The City of West Sacramento was selected to receive a grant for $3,000,000 for the Heritage Oaks Park site. The grant requires a City match of equal or greater value for a total estimated project cost of $6,000,000 including design and construction of the master plan.

ANALYSIS
In 2020, an initial master plan was completed for the Heritage Oaks Park site. This master plan was used to help secure grant funding for the Project. In order to advance the master plan design, the Parks and Recreation Department issued a Request for Proposals (RFP) for the continued design of the Heritage Oaks Park Master Plan. On November 9, 2022, the RFP was advertised and posted on the City’s website and through the OpenGov.com. By the end of the advertising period on December 15, 2022, City staff had received (5) proposals.

The proposals were ranked and evaluated by staff from the Capital Projects and Parks and Recreation departments.
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Proposals Received Total
Score
Design Cost
Estimate
Melton Design Group, Inc 94.75 $489,000
Gates & Associates 90.25 $443,861
Verde Design, Inc 89 $452,200
The HLA Group 87 $364,515
Mark Thomas & Company, Inc. 78 $500,507
The two top ranked firms were interviewed, and it was determined that Melton Design Group was the most qualified to design the park per the items specified in the grant application. Based on this information, staff recommends awarding a Professional Services Contract to Melton Design Group.

Funding for the Project was approved as part of the City’s adopted Biennial Budget for Fiscal Years 21/22 and 22/23, but design costs for the initial master plan work, as well as proposals for the additional design work, came in higher than expected. The balance in the CIP is $354,889, leaving a deficit of $376,111 need to complete the master plan design effort. Staff is requesting an appropriation of $400,000 from the Park Impact Fee Fund to cover the additional funding needed to complete the Heritage Oaks Master Plan Design Project.

Environmental Considerations
On November 16, 2016, the City Council certified the General Plan 2035 Environmental Impact Report (EIR).

The EIR was prepared specifically to allow maximum streamlined review of subsequent projects that are found to be consistent with General Plan in terms of land use, density, etc. On January 17, 2018, as part of the original Agreement approval between the City and Kletterwald, staff prepared a technical memorandum to fully analyze any potential impacts associated with developing the Heritage Oaks Park site improvements. Based on the analysis presented in the technical memorandum, the proposed Project was found to be within the scope of the EIR prepared for the General Plan 2035, and no new or substantially more adverse impacts would occur through implementation of the park Project. As a result, the City Council certified that no new environmental document was required, consistent with State CEQA Guidelines Sections 15162 and 15168(c)(2).

Commission Recommendation
Staff has provided regular updates on the Heritage Oaks Park Master Plan Project to the Parks, Recreation and Intergenerational Services Commission. The Commission has continuously expressed support for moving forward with the Project to help complete the site improvements and address unmet recreation needs of the community.

Strategic Plan Integration
The Heritage Oaks Park Master Plan Design Project supports the City’s 2019 Strategic Plan Management Agenda High Priority item: “Parks, Recreation and Open Space Master Plan Implementation.” Alternatives
The Council’s primary alternatives are summarized below:
1) Approve the recommended actions as described above in this report; 2) Alter the recommended actions; or
3) Defer or cancel the project.

Staff recommends the Council proceed with Alternative 1, as changes to the project scope may delay the design effort and increase project costs, which could impact the grand funding received for the project. Based on the grant funding received, the project must be completed by Fall 2026.

Coordination and Review
This report has been reviewed by the Capitol Projects and Finance departments.

Budget/Cost Impact
Funding for the Heritage Oaks Master Plan Design Project was approved as part of the City’s adopted Biennial Budget for Fiscal Years 21/22 and 22/23. Additional funding in the amount of $400,000 will be needed from the Park Impact Fee Fund to cover the additional master plan design costs. Resolution 23-11 is attached and includes the requested funding action to support full implementation of the Contract. 283
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ATTACHMENTS
1) Resolution 23-11
2) Professional Services Contract with Melton Design Group 284
Attachment 1
RESOLUTION 23-11

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO APPROVING AMENDMENTS OF $400,000 TO THE HERITAGE OAKS PARK MASTER

PLAN DESIGN PROJECT BUDGET FOR
FISCAL YEAR 2022-23
WHEREAS, the City Council adopted the biennial Capital Improvement Program (CIP) budget for Fiscal Years 2021-22 and 2022-23 on June 16, 2021, via Resolution 21-49; and WHEREAS, the City Council adopted mid-term amendments to the Capital Improvement Program (CIP) budget for Fiscal Year 2022/23 on July 20, 2022 via Resolution 22- 97; and
WHEREAS, based upon information received subsequent to the adoption of the budget, the City Manager has prepared and proposed an amendment to budgeted expenses for the 2022/23 fiscal year; and

WHEREAS, on November 9, 2022, the City issued a Request for Proposals (RFP) for the Heritage Oaks Master Plan Design Project; and
WHEREAS, Melton Design Group (“Contractor”) was determined to be qualified to perform professional services for the Heritage Oaks Master Plan Design Project; and WHEREAS, the Heritage Oaks Master Plan Design Project budget needs to be amended to allow for additional design costs; and
WHEREAS, the available balance in the Park Impact Fund is projected at $11.8 million, taking into account appropriations already approved for the fiscal year, and is sufficient to cover the one-time cost of the proposed amendment; and
WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City staff, and any other information provided during public meetings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Sacramento as follows:

1. The City Council hereby approves amendments to the Capital Improvement Program (CIP) for the 2022-23 fiscal year as provided as listed below.

SOURCES
$400,000 211-0000-3085 PIF Fund Balance
$400,000 400-9900-4990/400-62134-4990 Transfer In from PIF $400,000 TOTAL SOURCES
USES
$400,000 400-9900-5530/400-62134-5261 Heritage Oaks Master Plan $400,000 211-9530-5950 Transfer Out to CIP-62134
$400,000 TOTAL USES
*Transfers our included for accounting purposes but excluded from the total sources and uses to avoid duplication of costs.
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Resolution 23-11

2. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.

3. This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED by the West Sacramento City Council this 15th day of March 2023, by the following vote:

AYES:

NOES:

ABSENT:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
286
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PAR23-019 Heritage Oaks Parks Design
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CONTRACT FOR SERVICES
THIS CONTRACT is made on March 15, 2023, by and between the CITY OF WEST SACRAMENTO (“City”), and Melton Design Group, Inc. (“Consultant”).

WITNESSETH:

WHEREAS, the City desires Melton Design Group, Inc to provide design services for the Heritage Oaks Parks Design Project;
WHEREAS, the Consultant has presented a proposal for such services to the City, dated December 15, 2022, (attached hereto as Exhibit “A”) and is duly licensed, qualified and experienced to perform those services;
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF SERVICES:

A. Consultant shall do all work, attend all meetings, produce all reports and carry out all activities necessary to completion of the services described in Exhibit “A”. This Contract and its exhibits shall be known as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. In the event of conflict between terms contained in these Contract Documents, the more specific term shall control. If any portion of the Contract Documents shall be in conflict with any other portion, provisions contained in the Contract shall govern over conflicting provisions contained in the exhibits to the Contract.

B. Consultant enters into this Contract as an independent contractor and not as an employee of the City. The Consultant shall have no power or authority by this Contract to bind the City in any respect. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Consultant are employees, agents, contractors or subcontractors of the Consultant and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Consultant by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this Contract.

C. The Consultant agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.

2. TERM OF CONTRACT
A. The services of Consultant are to commence upon execution of this Contract by the City, and shall be undertaken and completed in accordance with the Schedule of Performance attached hereto and incorporated herein by this reference as Exhibit “B” and terminate on May 15, 2025.

Attachment 2
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B. Consultant’s failure to complete work in accordance with the Schedule of Performance may result in delayed compensation as described in Section 3.

C. The City Manager or his or her designee may, by written instrument signed by the Parties, extend the duration of this Contract for two additional 1-year terms in the manner provided in Section 5, provided that the extension does not require the payment of compensation in excess of the maximum compensation set forth in Section 3, Compensation.

3. COMPENSATION:

A. The Consultant shall be paid monthly for the actual fees, costs and expenses for all time and materials required and expended, but in no event shall total compensation exceed four hundred and eighty-nine thousand dollars ($489,000), without City’s prior written approval.

Consultant's fees shall be as specified in the Schedule of Fees, which is attached hereto an incorporated herein as Exhibit "C".

B. Said amount shall be paid upon submittal of a monthly billing showing completion of the tasks that month. Consultant shall furnish City with invoices for all expenses as well as for all materials authorized by this Contract. The invoices shall be submitted with the monthly billings.

If Consultant’s performance is not in conformity with the Schedule of Performance, payments may be delayed or denied, unless the Consultant’s failure to perform in conformity with the Schedule of Performance is a documented result of the City’s failure to conform with the Schedule of Performance, or if the Schedule of Performance is extended pursuant to Section 5.

C. If the work is halted at the request of the City, compensation shall be based upon the proportion that the work performed bears to the total work required by this Contract, subject to Section 4.

4. TERMINATION:

A. This Contract may be terminated by either party, provided that the other party is given not less than 30 calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate.

B. The City may temporarily suspend this Contract, at no additional cost to City, provided that the Consultant is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Contract.

C. Notwithstanding any provisions of this Contract, Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Consultant, and the City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due the City from Consultant is determined.

D. In the event of termination, the Consultant shall be compensated as provided for in this Contract, except as provided in Section 4C. Upon termination, the City shall be entitled to all work, including but not limited to, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date in accordance with Section 7 hereof.

5. AMENDMENTS, CHANGES OR MODIFICATIONS:
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Amendments, changes or modifications in the terms of this Contract may be made at any time by mutual written agreement between the parties hereto and shall be signed by the persons authorized to bind the parties hereto.

6. EXTENSIONS OF TIME:

Consultant may, for good cause, request extensions of time to perform the services required hereunder. Such extensions shall be authorized in advance by the City in writing and shall be incorporated in written amendments to this Contract or the attached Work Program in the manner provided in Section 5.

7. PROPERTY OF CITY:

A. It is mutually agreed that all materials prepared by the Consultant under this Contract shall become the property of the City, and the Consultant shall have no property right therein whatsoever. Immediately upon termination, the City shall be entitled to, and the Consultant shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials as may have been prepared or accumulated to date by the Consultant in performing this Contract which is not Consultant’s privileged information, as defined by law, or Consultant’s personnel information, along with all other property belonging exclusively to the City which is in the Consultant’s possession.

B. Additionally, it is agreed that the parties intend this to be a contract for services and each considers the products and results of the services to be rendered by Consultant hereunder (the “Work”) to be a work made for hire. Consultant acknowledges and agrees that the Work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of the City. The reuse of any of the materials or documents described in Paragraph 7.A by the City on any other project without the written permission of the Consultant, shall be at the City's sole risk and the City agrees to defend, indemnify and hold harmless the Consultant from all claims, damages and expenses, including attorney's fees, arising out of such unauthorized reuse by the City or by others acting through the City. The Consultant is not responsible and liability is waived by the City as against the Consultant for use by the City or any other person of any data, reports, plans or drawings not signed by the Consultant.

8. COMPLIANCE WITH ALL LAWS:

A. Consultant shall comply with all applicable laws, ordinances, and codes of federal, State and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract. It shall be City’s responsibility to obtain all rights of way and easements to enable Consultant to perform its services hereunder.

Consultant shall assist City in providing the same.

B. Consultant warrants to the City that it is licensed by all applicable governmental bodies to perform this Contract and will remain so licensed throughout the progress of the Work, and that it has, and will have, throughout the progress of the Work, the necessary experience, skill and financial resources to enable it to perform this Contract. 289
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C. The work contemplated under this Contract is a public work for the purposes of Labor Code section 1720, and is subject to the payment of prevailing wages. Accordingly, Consultant shall comply with the provisions of Exhibit "E".

9. WARRANTIES AND RESPONSIBILITIES - CONSULTANT:

A. Consultant agrees and represents that it is qualified to properly provide the services set forth in Exhibit “A” in a manner which is consistent with the generally accepted standards of Consultant’s profession.

B. Consultant agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law in accordance with Section 17A hereof.

C. Consultant shall designate a project manager who at all times shall represent the Consultant before the City on all matters relating to this Contract. The project manager shall continue in such capacity unless and until he or she is removed at the request of the City, is no longer employed by Consultant, or is replaced with the written approval of the City, which approval shall not be unreasonably withheld.

D. Consultant shall provide corrective services without charge to the City for services which fail to meet the above professional and legal standards and which are reported to Consultant in writing within sixty (60) days of discovery. Should Consultant fail or refuse to perform promptly its obligations, the City may render or undertake performance thereof and the Consultant shall be liable for any expenses thereby incurred.

10. SUBCONTRACTING:

None of the services covered by this Contract shall be subcontracted without the prior written consent of the City, which will not be unreasonably withheld. Consultant shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Consultant.

11. ASSIGNABILITY:

Consultant shall not assign or transfer any interest in this Contract whether by assignment or novation, without the prior written consent of the City which will not be unreasonably withheld.

However, claims for money due or to become due Consultant from the City under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy, without such approval.

Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.

12. INTEREST IN CONTRACT:

Consultant covenants that neither it, nor any of its employees, agents, contractors, subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Consultant shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Consultant’s duties are more limited in scope than is 290
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warranted by the category designated by the City code and that a narrower disclosure category should apply. Consultant also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Consultant in writing that Consultant’s duties under this Contract warrant greater disclosure by Consultant than was originally contemplated. Consultant shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.

13. MATERIALS CONFIDENTIAL:

All of the materials prepared or assembled by Consultant pursuant to performance of this Contract are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.

14. LIABILITY OF CONSULTANT-NEGLIGENCE:

Consultant shall be responsible for performing the work under this Contract in a manner which is consistent with the generally-accepted standards of the Consultant’s profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Consultant or its employees, agents, contractors or subcontractors.

15. INDEMNITY AND LITIGATION COSTS:

Consultant shall protect, hold free and harmless, defend and indemnify the City, its consultants, and each of their officers, employees and agents, from any and all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees and expenses of litigation arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Consultant, its employees or anyone else employed by the Consultant in the performance of professional design services under this agreement, to the extent of the Consultant’s proportionate percentage of fault.

To the extent permitted by Civil Code section 2782.8, for all other claims unrelated to the provision of professional design services, the Consultant shall protect, hold free and harmless, defend and indemnify the City, its consultants, and each of their officers, employees and agents, from any and all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees and expenses of litigation, which arise out of or are in any way connected with the Consultant’s, or its subcontractors’ or suppliers’, performance under this agreement or failure to comply with any of the obligations contained in the agreement. This indemnity shall imply no reciprocal right of the Consultant in any action on the agreement pursuant to California Civil Code section 1717 or section 1717.5. To the fullest extent legally permissible, this indemnity, defense and hold harmless agreement by the Consultant shall apply to any and all acts or omissions unrelated to the provision of professional design services, whether active or passive, on the part of the Consultant or its agents, employees, representatives, or subcontractor’s agents, employees and representatives, resulting in claim or liability, irrespective of whether or not any acts or omissions of the parties to be indemnified hereunder may also have been a contributing factor to the liability, except such loss or damage which was caused by the active negligence, the sole negligence, or the willful misconduct of the City.

16. CONSULTANT TO PROVIDE INSURANCE:
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A. Consultant shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this Contract, the policies of insurance specified in this Section. Such insurance must have the approval of the City as to limit, form, and amount, and shall be placed with insurers with a current A.M. Best’s rating of no less than A VII (an NR rating is acceptable for Worker’s Compensation insurance written with the State Compensation Insurance Fund of California).

B. Prior to execution of this Contract and prior to commencement of any work, the Consultant shall furnish the City with certificates of insurance and copies of endorsements providing evidence of coverage for all policies required by the Contract. The Consultant and its contractors and subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by Consultant and its contractors and subcontractors of the following coverage and limits of insurance is a material element of this Contract. The failure of Consultant or of any of its contractors or subcontractors to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this Contract. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant.

1. Worker’s Compensation and Employer’s Liability Insurance a. Worker’s Compensation - Insurance to protect the Consultant, its contractors and subcontractors from all claims under Worker’s Compensation and Employer’s Liability Acts, including Longshoremen’s and Harbor Worker’s Act (“Acts”), if applicable. Such coverage shall be maintained, in type and amount, in strict compliance with all applicable state and Federal statutes and regulations.

The Consultant shall execute a certificate in compliance with Labor Code Section 1861, on the form provided in the Contract Documents.
b. Consultant shall provide a Waiver of Subrogation endorsement in favor of the City, its officers, officials, employees, agents and volunteers for losses arising from work performed by the Consultant.

2. Commercial General Liability Insurance
a. The insurance shall be provided on form CG0001, or its equivalent, and shall include coverage for claims for bodily injury or property damage arising out of premises/operations, products/completed operations, contractual liability, and subconsultant’s work and personal and advertising injury resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000 per occurrence and $2,000,000 general and products/completed operations aggregates. b. The commercial general liability insurance shall also include the following:
i. Endorsement equivalent to CG 2010 0714 naming the City, its officers, officials, employees, agents, and volunteers as additional insureds. The endorsement shall contain no special limitations on the 292
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scope of protection afforded to the City, its officers, officials, employees or volunteers.
ii. Endorsement stating insurance provided to the City shall be primary as respects the City, its officers, officials, employees and any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it, to the payment or satisfaction of any defense expenses, loss, or judgment.
iii. Provision or endorsement stating that the Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

3. Commercial Automobile Insurance
a. The insurance shall include, but shall not be limited to, coverage for claims for bodily injury or property damage for owned, non-owned, and hired automobiles resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000 per accident.
b. The commercial automobile insurance shall include the same endorsements required for the commercial general liability policy (see Section

16.B.2.b).

4. Professional Liability. The Consultant and its contractors and subcontractors shall secure and maintain in full force, during the term of this Contract and for five years thereafter, professional liability insurance policies appropriate to the respective professions and the work to be performed as specified in this Contract. The limits of such professional liability insurance coverage shall not be less than $1,000,000 per claim.

C. In addition to any other remedy the City may have, if Consultant fails to maintain the insurance coverage as required in this Section, the City may obtain such insurance coverage as is not being maintained, in form and amount substantially the same as is required herein, and the City may deduct the cost of such insurance from any amounts due or which may become due Consultant under this Contract.

D. No policy required by this Contract shall be suspended, cancelled, terminated by either party, or reduced in coverage or in limits unless Consultant has provided thirty (30) days prior written notice by certified mail, return receipt requested, to the City.

E. Any deductibles or self-insured retentions in excess of $10,000 must be declared to, and approved by, the City.

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the liabilities and obligations assumed by Consultant under the Contract.

17. MISCELLANEOUS PROVISIONS:

A. Consultant shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work.

B. Consultant shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship, or sexual orientation.

C. Consultant shall maintain and make available for inspection by the City and its auditors accurate records of all of its costs, disbursements and receipts with respect to any work under this Contract. Such inspections may be made during regular office hours at any time until six (6) months after the final payments under this Contract are made to the Consultant.

D. This Contract constitutes the entire agreement between the parties relative to the services specified herein and no modification hereof shall be effective unless and until such modification is evidenced by a writing signed by both parties to this Contract. There are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing.

E. All notices that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:

City:

City of West Sacramento
Parks Department
1110 West Capitol Avenue, 1st Floor
West Sacramento, CA 95691
Consultant:

Melton Design Group, Inc.

Greg Melton, Principal Landscape Architect
820 Broadway Street
Chico, CA 95928
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F. This Contract shall be interpreted and governed by the laws of the State of California.

G. Any action arising out of this Contract shall be brought and maintained in Yolo County California, regardless of where else venue may lie.

H. In any action brought by either party to enforce the terms of this Contract, each party shall be bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.
[Signatures on following page]
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CITY OF WEST SACRAMENTO
By: __________________________
Aaron Laurel, City Manager
ATTEST:

By: _________________________________
Jennifer Cusmir, City Clerk
APPROVED AS TO FORM:

By: __________________________________
Jeffrey Mitchell, City Attorney

CONSULTANT
By: _________________________
Greg Melton, Principal Landscape Architect
Date Executed: _________________
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EXHIBIT A
Consultant Proposal/Scope of Work
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PROPOSAL TRANSMITTAL LETTER
December 15, 2022
Attn: City of West Sacramento
Chris Surawski
1110 West Capitol Avenue, 1st Floor
West Sacramento, CA 95691
(916) 617-4816
[email protected]
Re: Request for Proposals:

Heritage Oaks Park Design
Dear Chris Surawski and Selection Committee,
Melton Design Group, Inc. (MDG) is excited for the opportunity to work with the City of West Sacramento to provide Professional Landscape Architect Services for your community. We are a team of exceptional professionals specializing in landscape architecture, park design, irrigation design and recreation planning. Parks are our PASSION; we have designed over 100 parks in California!
 PROPOSER’S NAME and CONTACT:

Melton Design Group, Inc.

Greg Melton, Principal
Sarah Crossley, Project Manager
820 Broadway Street
Chico, CA 95928
530-899-1616
[email protected]
[email protected]
 STATEMENT OF OFFER:

This proposal is an offer to complete the Scope of Work and the offer, including the Cost Proposal rates and budget, remains valid for ninety (90) business days after the Proposal due date of December 15, 2022.
 CONFLICT OF INTEREST:

Melton Design Group, Inc. and our sub-contractors have no conflict of interest to perform work under the Contract for Heritage Oaks Park Design.
 CITY CONTRACT TERMS:

Melton Design Group, Inc. accepts the City’s standard contract and is capable of completing the Scope of Work, as well as all reasonably associated managerial tasks, without reservation or qualification.

West River Park, Truckee:

MDG created a sustainable “nature-themed” park
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 SUB-CONTRACTORS:

Our team consists of MDG, park designers; BKF Engineering, civil, survey and stormwater engineers; Chris Slater Consulting, electrical engineers; Streamline Engineering, structural engineers; Sierra West Group, cost estimating and American Ramp Company, skate park and pump track designers. We have the creative ability to take a project and develop it into a thriving space that will have durability over time and create a great community setting for the City of West Sacramento. The following is our sub-contractor information with their primary contact:

BKF Engineering – Civil, Survey and Stormwater Engineering Jim McCurdy, PE
980 9th Street, Suite 2300, Sacramento, CA 95814
(916) 556-5800
[email protected]
Chris Slater Consulting – Electrical and Mechanical Engineering Chris Slater, Principal
17955 Opus Road, Grass Valley, CA 95949
(530) 268-5656
[email protected]
Streamline Engineering, Inc. – Structural Engineering
Jeff Richelieu, CEO
2571 California Park Drive, Suite 210, Chico, CA 95928
(530) 892-1100
[email protected]
American Ramp Company – Skate and Pump Track Designers
Blake Robinson, Action Sports Development Specialist
601 McKinley Avenue, Joplin, MO 64801
(417) 206-6816 x124
[email protected]
Sierra West Group – Cost Estimating
John Moreno, Chief Estimator
9700 Business Park Drive, Suite 102, Sacramento, CA 95827 (916) 925-4000
[email protected]
This Proposal highlights our ability to perform the necessary tasks and services to achieve all your objectives. We believe that our experience in the Public and Private sectors will make MDG a great asset to the City of West Sacramento.

Sincerely,
Gregory Melton, Principal/CEO, RLA 4217
(530) 899-1616 / [email protected]
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Who We Are COMPANY PROFILE
Melton Design Group, Inc. (MDG) is a Chico and Sacramento based firm formed by Greg Melton 13 years ago and is now the premier design firm in Northern California. The Design Group staff has worked closely with communities throughout Northern California over the past 35 years and continues the tradition of providing clients with the highest quality of licensed landscape architectural services. We currently have a design and office staff of 14 dedicated individuals ready to apply their skills to your project. Most of the work will be performed in the Chico office under Greg Melton’s license.

WHY WE ARE QUALIFIED
We are qualified for the Heritage Oaks Park Project because the MDG Team has worked together successfully on many projects; we complement each other and bring many years of experience working as a team. We are committed to pushing the design envelope, so your designs are the best, most used and remembered for years to come. The MDG Team will complete the whole design process from outreach to a master plan. We create precise plans, specs and bid documents to successfully award a contractor the project and administer the construction of your project. We provide full project management services with a diverse staff experienced in designing and managing. We can handle your project from start to finish.

Reflexology Trail
Quigley Park, Fresno
Nature-inspired splash park
AWARDS
MDG has been recognized by public and professional agencies for a wide range of projects and community outreach.
2021 California Parks and Recreation Society (CPRS)
Award of Excellence-Park Planning
2018 American Society of Civil Engineers Sacramento Chapter Outstanding Urban or Land Development Plan of the Year
2014 American Society of Landscape Architects
Sierra Chapter Honor and Merit Awards
Parks/Open Space and Rehabilitation/Mitigation
2009 California Redevelopment Association
Award of Excellence in Public Spaces
2007, 2008 and 2009 American Society of Irrigation Consultants National Excellence in Irrigation Honor Award
2007 Chico Economic Planning Corporation
Community Vitality Award
2005 California Parks & Recreation Society
Award for Facility Design and Park Planning
WE EXCEL AT…
 Visioning and Communication
 Unique, Locally Focused Design
 Stakeholder Understanding
 Community Outreach
 Master Planning
 Full Designs and Plan Check Review
 Sustainable Design Techniques
 Design Guidelines & Standards
 Construction Plans & Details
 Operations and Maintenance
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MDG brings a consortium of thinkers and makers to City of West Sacramento. The TEAM integrates the minds that take design, development, operations and maintenance to new levels. Our experts are committed to quality and efficient services with the support of our professional staff members to complete our consultant team. The following is a list of services provided by MDG and our sub-consultant team.

SERVICES PROVIDED BY MDG
Melton Design Group provides client services throughout the life of a project; we are proficient in developing clean sets of documents that are easy to permit and build. Shown here is a list of services we provide in addition to the complete project management and direct communication between all consultants, City staff and stakeholders. MDG uses both direct person-to-person meetings for primary, critical design sessions and presentations and web-based communication for coordination and file sharing. Services include, but are not limited to:

SERVICES PROVIDED BY OR ASSISTED BY SUB CONSULTANTS
“THE TEAM”
In addition to the primary management and landscape architect services, the Team provides the following services depending on project scope of work. We will work together to engage the community, work with agencies and create a complete project. Sub-consultant services include:
 Surveying, Civil Engineering and Geotechnical Services  Electrical and Structural Engineering
 Skate and Pump Track Designer
 Wayfinding and Interpretive Design
 Construction Cost Estimating
 Site Analysis and Understanding
 Facilitation of Public Workshops
 Site Master Planning
 Project Branding and Park Identity
 Research and Investigation
 Photo Simulations
 Interpretive Design and Signage
 CEQA / EIR Coordination
 Cost Estimates and Analyses
 Public Agency Presentations
 Construction Drawings, Details and Specification
 Contract Documents and Bid Documents
 Storm Water Pollution Prevention Plans
 3D Modeling and Animation
 Construction Observation and Administration
 LEED and SITES Certification
 Construction Standards and Building Codes
 Maintenance Manuals and Guidelines
Verbena Fields Habitat Restoration
2009 ASIC National Excellence in Irrigation
2014 ASLA Open Space and Rehabilitation
River patterns of concrete represent local rivers and lead to a benchmark location on a glass aggregate globe pattern at the central park fountain.
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Our Past Supports Your Future FIRM QUALIFICATIONS
The MDG staff is currently working with the City of West Sacramento on the West Acre Park. Jaipal Chahal is our Project Manager; we work with him closely along with the rest of the staff. Our creative solutions have helped the City of West Sacramento and other agencies to build unique parks and spaces that have become icons for their communities and stand out in their memory for years.

We work to completely understand your community, your stakeholders and the reasons this park needs to service your community. Our design strategies also incorporate revenue generating opportunities for clients by creating multi-use venues with potential for income, such as combination bandshell, picnic areas or birthday rings. Designing parks to be multifunctional, providing for recreation and special community events, is essential.

The following is a comprehensive list of diverse projects to get a sense of MDG’s history and quality projects. Following that are cutsheets that are more specific to Heritage Oaks Park Design.

COMMUNITY and NEIGHBORHOOD PARKS
 Quigley Park, Fresno, CA
 Radio Park, Fresno, CA
 Katie’s Kids Park, Kerman, CA – 4 acres
 Riverbend Park, Oroville, CA – 120 acres
 Eleanor Nelson Park, Vacaville, CA-12 acres
 West River Park, Truckee, CA-1.4 acres
 Valley’s Edge Specific Plan Parks, Chico, CA – 160 Acres  Turtle Bay Exploratorium Adventure Park, Redding, CA
 Baroni Park, Chico, CA – 4 acres
 Wildwood Park, Chico, CA – 7 acres
 Westside Community Park, Lakeport, CA – 70 acres
 DeGarmo Park, Chico, CA – 36 acres
 Noble Park, Paradise, CA – 7 acres
 Shastina Community Park, Redding, CA – 14 acres
 Walnut Park, Winters, CA – 4 acres
 Eureka 20/30 Park, CA – 5 acres

RENOVATED PARKS
 Vinewood Park, Ukiah, CA
 Eastern Oak Park, Sacramento, CA
 Austin Park and Highlands Park, Clearlake, CA
 Turtle Bay: Babes Coral, Redding, CA
 Bille Park, Paradise, CA
 Caper Acres, Chico, CA
 Foothill Community Park, Sacramento, CA
Playful Outdoor Music at
Riverbend Park, Oroville, CA
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Westacre Park
Master Plan for Prop 68
West Sacramento, California
Start – End Date: 2022 – Current
Contact: Traci Michel, Parks & Recreation Director
(916) 617-4627 / [email protected]
Jaipal Chahal, Construction & Facilities Development
Manager, (916) 617- 5302
Project Budget: $7,843,000
Contract Amount: $489,902
Project Summary: In June 2022, Melton Design
Group, Inc. began work with the City of West
Sacramento to create a Master Plan and Construction
Drawings for the renovation of Westacre Park.

Through community workshops, public outreach and
engaging meetings with park staff, we were able to
clarify the needs of the City to evaluate park features and layout.

The process was talilored to meet as many of the Proposition 68 grant requirements as possible and focused primarily on the following elements:
• Leading Outreach and Community Planning events. Meetings were spread throughout the design process to provide multiple times and locations for the public to provide design imput. • Creating impactful gathering areas and designing the park to meet the themes of “Sustanability” and “Wellness” while providing active play areas, passive reflection areas, education and socialization for all ages with inclusive design.
• Celebrate the site’s history as an old schoolbus yard by blending industrial elements with nature to soften the design and show how opposite elements can work together creating a harmonious space. • Upcycling / remediating elements where possible, such as converting an existing building into a shade structure for the skaters, reusing existing concrete and repurposing the current monument sign • Providing a sustainable design including water saving, pollintor gardens, turf reduction, carbon sequestration with tree planting and the use of Bio-carbon in the soil. (LEED Certification and SITES Initiative) • Integrating wellness elements such as reflexology trails and a natural labyrnth. • Meeting all Grant Program (Prop 68) processes.
• Preparing cost estimates to meet the grant maximum and phasing as needed for the project.

The “Flying Bus” Custom Adventure Play Structure
& Climbing Wall
Northwest to Southeast Section Through the Core Area
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Eureka 20-30 Park Renovation
Eureka, California
Dates: April 2021 – current
Design Fee: $353,000
Project Cost: $5.8 million
Contact:

Donna Wood, Community Services
Director
City of Eureka
(707) 441-4241,
[email protected]
Relevant Staff Roles:

Greg Melton, Principal
Patrick Farrar, Project Manager
Ryan Riedlinger, Landscape Designer
Project Summary:

This incredible park project includes:

1. Natural themed design based on the
region’s cultural and physical
geography.

2. A unique park identity and
experience for all users.
• Egret-themed play structure
based on local rookery.
• Passive and active fitness.
• Themed art and educational experience throughout park.

3. Coordination with local tribes, artists and stakeholders.

4. Uniting the existing baseball field re-design with the new park, creating a cohesive, connected experience.

5. Stormwater management, education and incorporation into the park design.

6. Plant selection that reduces water use and establishes native and culturally important plants.

7. New street corners designed for pedestrian safety.

Site Elements:
• Contoured Grass-Free Play
• Multi-Use Game Area
• Nature Play Parkour
• Fitness Area
• 1/2 mile of accessible Walking
Path
• Updated Baseball Field and
Amenities
• Concession/Restroom Building
with Living Roof
• Neighborhood Connectivity at
four park entries
• New and Improved Parking With EV Charging Stations
Eureka 20-30 Park Play Area and MUGA Enlargement
Custom Egret Play Structure Hand Sketch
Custom Crab Play Structure Computer-Generated Mock-Up
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West River Street Park: Riverfront Development and Access Truckee, California
Start Date: 2019 – Current
Contact Person:

Hilary Hobbs, Town of Truckee
[email protected]
(530) 582-2914
Project Cost: $4.5 million (Phase 1, 2 & 3)
Design Fees: $450,000
Relevant Staff Roles:

Greg Melton, Principal
Olga Garzon & Patrick Farrar, Project Leads
Sarah Sundahl, Designer
Project Summary: The project is a 1.4 -acre
planned park and riparian edge restoration
project on West River Street in downtown
Truckee, CA.

The project goals included the following:
• Provide a passive park with public
river access
• Restoration of riparian edge with
interpretive panels
• Public open, social space
• River front access & activated river
front play
• Multi-Use Site with park, riveroriented commercial offerings, river access and stormwater treatment
• Connectivity including downtown
expansion, to the Legacy Trail and Trail
Bridge, to the downtown core and to
natural open space and the river
• Greenhouse benefits – air, habitat and
water quality
• Catalyst for riverfront development
• The Ordinary High-Water Mark
(OHWM) of the Truckee River was
determined based on the methods
specified in the 2014 Guide to Ordinary
High Water Mark Delineation in the Western Mountains, Valleys and Coast Region of the United States and will be documented on Army Corps OHWM Delineation Datasheets - All improvements were designed above the OHWM to eliminate the need for 401 and 404 permits
- A Letter of Map Revision (LOMAR) was submitted with the Army Corps to reduce design costs and lead times for construction
- A Streambed Alteration Agreement was prepared
Gateway Entry Design
Sundial at River Overlook
View from Upper Overlook
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Caper Acres Playground Renovation
Chico, California
Contact:

Linda Herman, Park & Natural Resource Manager
City of Chico (530) 896-7801 cell: (530)828-3614
A nursery rhyme-themed community park; Caper Acres has been an icon for residents of Chico since its
installation in 1962. Our work on this
project included facilitating public
engagement, creating a restoration
master plan, cost estimate,
renovation construction drawings
and managing volunteer group
construction with Rotary.

The following are a few most relevant
improvements:
 The Crooked House Play Structure, Nursery Rhyme Theme.  Rock Climbing feature to replicate canyons in upper Bidwell Park.  Zip Line into the new Robin Hood’s Lair, based on the 1938 filming of The Adventures of Robin Hood with Errol Flynn in Lower Bidwell Park.
 Interactive and Educational Play Elements designed along perimeter paths with Humpty Dumpty as the park mascot.
 2006 The Nico Project in memory of Nico Cardoza. The play area features a shipwreck play structure on a sandy island surrounded by ocean patterned fall material and a colorful serpent.  2017/2018 Contract for Lead Design and Management of Volunteer Groups for Entry Bridge and Swing Set Complex Renovation.

Turtle Bay Exploration Park:

Babe’s Corral & Adventure
Park
Redding, California
Contact: Mike Warren, CEO, Turtle Bay
(530) 242-3125
In 2016, MDG was hired to work with the Turtle
Bay Exploration Museum and Forest Camp to
make the Paul Bunyan Camp more exciting for
kids of all ages. With limited areas to work in,
MDG designed two main play spaces for different age groups that also tied into the surrounding landscape. Babe’s Corral, which is for 5 and under, provides interactive play, native creatures and outdoor learning. The High Climbing Adventure, which is for teenagers, features a 60’ zip-line, a long winding 11’ climbing wall, a 3-tier play tower and 10’ slack line. Our goal was to attract the teenage population that is currently looking for risky play. 306
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Eastern Oak Plaza Park – Park Renovation
Sacramento, California
Start - End Date: 2016 – 2018
Project Cost: $2,450,000
Fees: $168,000
Contact:

JR Hichborn, Parks Superintendent
Mission Oaks Recreation and Park
District
(916) 588-6566 / cell (530) 306-8696
TJ Newman, Retired Manager
Relevant Staff Roles:

Paige Gimbal, Project/Irrigation
Manager
Greg Melton, Lead Designer
Dan Louder, Production Specialist
Project Summary: The design included: the addition of an old YMCA property to the existing park; renovation of the combined space to convert turf areas to drought tolerant landscape; turning an old tennis court into pickle ball courts and the addition of a restroom, futsal / basketball courts, exercise stations, playgrounds, a community plaza and shade structures. MDG services included Master
Plan, Public Outreach, Construction Documents and Bid
and Construction Administration. When the park opened,
it was instantly a big hit with the community, especially the playground. With the reduction in unused turf areas, the District is saving largely on the water and maintenance costs. The project construction was jointly managed by
Sacramento County MORPD and Melton Design Group.
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Meet The Team STAFFING

BKF – Civil Engineering, Survey (Stormwater)
www.bkf.com
Melton Design Group, Inc. – Landscape Architect & Park Planner www.meltondg.com
DESIGN TEAM CITY and STAKEHOLDERS
Greg Melton
Principal
RLA #4217
Melton Design Group has assembled a team of experienced professionals to provide top notch design services. Key personnel have been selected for their excellence in project management, communication, engineering and park and recreation planning/design. Total Team experience includes over 100 successful park and recreation facilities designed and built in Northern California.

MDG staff will ensure the prompt delivery of work, control of budget and scope and coordination between the Principal-in-Charge and the Client. Maintaining the project schedule and identifying and responding to issues that may arise requires frequent and effective communication. Principal Landscape Architect, Greg Melton, and Project Manager, Sarah Crossley, will be your primary contacts and available for all coordination meetings throughout the duration of the project. The following is your design team:

COORDINATION
Chris Slater Consulting
www.slatermep.com
Jim McMurdy
PE, Principal
Chris Slater
Electrical Engineer
Blake Robinson
Action Sports Development Specialist
Nathan Bemo
President/Owner
American Ramp Company
www.americanrampcompany.com
Vendors
Streamline Structural Engineering
www.streamlinechico.com
Jeff Richelieu
Principal
Jonathan Shattuck
PE, Project Manager
Sierra West Group
www.sierrawestgroup.com
John Moreno
Chief Estimator
Sarah Crossley
Project Manager
Patrick Farrar
Quality Control
Manager
Paige Gimbal
Irrigation
Specialist
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GREG MELTON, RLA, LEED AP

PRINCIPAL LANDSCAPE ARCHITECT
Greg Melton has been planning and
designing recreation facilities for over 35
years, providing many north state cities
and counties with successful design and
planning services.

One of Greg’s most valued assets is his
ability to see and help clients understand the big picture of a project; how a person may experience a project site, understanding the relationship with a site’s history and translating these aspects into a physical and visual experience that is informative, fun, and aesthetically pleasing. Greg believes it takes a complete team to design and build a project. All good design ideas need to be vetted against our quality control. All projects deserve quality materials for longevity and operation.
“All the projects we design are specific for each
community and we are proud of that.”
Recent project experience includes lead design and cost services for:
• West River Park, Town of Truckee.
• Eastside Community Park Master Plan Update in Kerman for the Prop 68 Cultural and Resource Grant submittal.
• Eleanor Nelson Community Park design services for
Community Outreach, Master Plan and Cost Analysis,
Vacaville.
• Valley’s Edge 1,400-acre Mixed Use Development.

Recreation and Parks Design for Specific Plan and Design Guidelines of 700+ acres of Park and Open Space in Chico. • Mooretown Rancheria Community Park Master Plan,
Grading and Utilities for existing 32-acre area at Feather Falls Casino in Oroville.

EXPERIENCE
Melton Design Group, Inc.

Landscape Architects and Planners, Chico, CA – Principal Land Image
Landscape Architects and Planners, Chico, CA – Principal On the Drawing Board
Sunset Whitney Recreation Area, City of Rocklin
This recreation area will provide a great space to create community.

The open space meanders through hundreds of homes and provides a wealth of recreation, wellness, fire safety and a great place to gather and be social. Living in this space will change your life and enhance your wellbeing through connection to nature and people.

Education
BS in Landscape Architecture, University
of Davis 1990
BS in Horticulture and Recreation
Planning, CSU Chico 1988
Registration
California Landscape Architect License
#4217
Nevada Landscape Architect License
#1062
Accreditation
US Green Building Council
LEED Accredited Professional
Awards
2021 California Parks and Recreation
Society (CPRS)
Award of Excellence-Park Planning
2018 American Society of Civil Engineers:

Outstanding Urban or Land Development
Plan of the Year
2014 American Society of Landscape
Architects Honor and Merit Awards:

Parks/Open Space and Rehabilitation/
Mitigation
2009 California Redevelopment Assoc.:

Award of Excellence in Public Spaces
2007 Chico Economic Planning
Corporation: Community Vitality Award
2005 California Parks and Recreation
Society: Award for Facility Design and
Park Planning
Professional Affiliations
California Parks and Recreation Society
American Society of Landscape Architects
Building Industry Association
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SARAH CROSSLEY

LEAD PROJECT MANAGER, MULTIMEDIA DESIGNER
Sarah Crossley joined the MDG team in 2015.

She is passionate about all she does. Upcycling
furniture, woodworking, gardening, nature
walks and, most of all, designing people
spaces, both indoor and out. She also studies
Design Psychology, bringing the “WHY” into
our design solutions, feeding the creativity and functionality of MDG designs.

Her background in architectural design, brings a unique aesthetic to MDG, which can be seen through her mission to create spaces that allow the user to truly thrive. Sarah is an asset managing and motivating our team and our projects. She is excited to take the next steps to obtain her Landscape Architect License.
“I love the conceptual design phase of a project.

It is so rewarding to explore creative solution that exceed our client’s expectations.”

EXPERIENCE
Melton Design Group, Inc. – Chico, CA
Project Manager / Multimedia Designer
SELECT PROJECTS INCLUDE:
• Turtle Bay Playground Additions
• Hope Plaza Memorial, Paradise
• Eastern Oak Park, Sacramento
• Valley’s Edge Specific Plan, Chico
On the Drawing
Board
Gold Nugget Museum, Paradise
The mission of the Gold Nugget Museum
is to preserve and protect the ridge
heritage through the collection and display of local artifacts along with community education programs. The original Museum was sadly destroyed by the Camp Fire on November 8th, 2018 and is now being resurrected across Pearson Road in a converted 6,000 SF mechanic shop. Future expansion of the museum is planned to have a larger space for the gem and mineral club, a saloon/restaurant and a period-themed tea house. In addition to the main Museum, there is Nuggetville – a row of seven 12x12 exhibit spaces with old timey facades that parallel the Museum frontage, creating an old west atmosphere visitors can fully immerse into. There is also an elevated stage for events, a homestead-themed children’s playground, memorial and gem wall and garden and geology trail with educational panels and artifacts.

Education
BFA in Interior Architecture – CSU,
Chico 2015
AS in Interior Design – Butte
Community College, Chico 2010
Committees / Activities
Committed to Growth, Student &
Team Member – 2017-Current
Women in Construction (WIC) –
2022
Keynote Speaker – Butte
Community College, 2016
Logo Design & Branding – I am for
Music, 2010
Gold Nugget Museum, Paradise
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BKF Engineers
980 9th Street, Suite 2300, Sacramento, CA 95814
916-556-5800
James McCurdy, PE, Senior Associate / Principal Civil Engineer With over 24 years of civil engineering experience, Jim has worked on numerous projects throughout Northern California. He has provided project management for various types of projects including healthcare, educational campuses, residential and commercial development, correction and rehabilitation facilities, roadways and public utilities. Jim has acquired extensive knowledge of accessibility, utility design, grading/drainage and stormwater quality implementation, as well as an understanding of local and state municipalities and agencies.

Chris Slater Consulting
17955 Opus Road, Grass Valley, CA 95949
530-268-5656
Chris Slater, Owner – Mechanical Engineer-M31110, Electrical Engineer-E20018 Chris Slater is a multi-discipline engineer with over 20 years of experience in construction, design, energy management and facilities support.

Sierra West Group
9700 Business Park Drive, Suite 102, Sacramento, CA 95827 916-925-4000
John Moreno – Chief Estimator
John Moreno has over 23 years of experience in construction and estimating. His “hands-on” experience covers a diverse range of construction projects including correctional facilities, educational facilities, medical facilities, libraries, laboratories, military projects, transportation, commercial and more from conceptual through final construction.

Streamline Engineering
2571California Park Drive, Ste. 210, Chico, CA 95928
530-892-1100
Jeff Richelieu, CEO – Structural Engineering
Streamline Engineering was founded in 2005 by Jim Peterson and Jeff Richelieu. Their intent is to streamline the process of creating building plans by working closely with their clients to insure that their designs are economical to build while satisfying all of the owner’s design criteria.

American Ramp Company
601 McKinley Avenue, Joplin, MO 64801
417-206-6816 x124
Nathan Bemo – President Owner-Skate and Pump Track Designer With a passion for skateboarding and a desire to work somewhere that didn’t require him to wear a tie, Nathan Bemo founded American Ramp Company (ARC) in 1998. What started out as just a couple of guys in a garage has evolved into an action sports development company with worldwide impact. As an avid skater, Nathan’s focus at ARC is to design and build innovative skateparks and pump tracks. 311
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REFERENCES
The following are select references for projects of a similar scope of work as proposed in the Heritage Oaks Park RFP. More detailed descriptions of these projects can be found on our enclosed cutsheets.

Chico Area Recreation District 545 Vallombrosa Avenue, Chico, CA 95928 Annabel Grimm, General Manager
(530) 895-4711 [email protected]
Projects: Rotary Centennial Park
Chapman Park
Caper Acres Park
DeGarmo Park
CARD Rose Garden and Event Facility
City of Fresno, Public Works Department 2600 Fresno Street, Suite 4016, Fresno, CA 93721 Ed Chinevere, PARCS Assistant Director
(559) 903-6033 [email protected]
Projects: Radio Park
Quigley Park
Armstrong-Hamilton Tot Lot
City of Vacaville 650 Merchant Street, Vacaville, CA 95688 Reggie Hubbard, Parks and Recreation Manager
(707) 449-5650 [email protected]
Projects: Sierra Vista Park
Alamo Creek Park
Eleanor Nelson Park
City of Rocklin 5460 5th Street, Rocklin, CA 95677
Kevin Huntzinger, General Manager
(916) 625-5269 [email protected]
Projects: Sunset Whitney Recreation Area
Recreation Master Plan
City of Wheatland 111 C Street, Wheatland, CA 95692
Jim Goodwin, City Manager
(530) 633-2761 [email protected]
Projects: Wheatland Pool Complex Feasibility Study
Park Place Park (Spruce Park) Renovation
Proposition 68 Grant
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Qualifications and Experience
 LOCAL BENEFIT
Melton Design Group, Inc. has a satellite office located in Sacramento at 1930 G Street. MDG is currently collaborating directly with the City of West Sacramento Recreation and Parks staff on Westacre Park. Our sub-consultant, BKF Engineering, has an office in downtown Sacramento at 980 9th Street. John Moreno with Sierra West Group also has an office in Sacramento. As demonstrated in our organizational chart, we are proposing a Team consisting of multiple local vendors to provide services for Heritage Oaks Park Project.  HISTORY
Melton Design Group, Inc. has had no mergers, acquisitions or sales related to our organizational structure within the last three (3) years.  LEGAL CHALLENGES
Melton Design Group, Inc. has no pending litigation.
 FISCAL VIABILITY
Melton Design Group, Inc. has not filed, or filed against any bankruptcy or insolvency proceeding, whether voluntary or unvoluntary, or undergone the appointment of a receiver, trustee, or assignee for the benefit of creditors.
 PROOF OF BUSINESS IN STATE OF CALIFORNIA
The following is proof of our registration with the State of California. We incorporated on 12/21/16 and remain in active standing. Please let us know if you need more documentation. 313
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We Can Handle Your Project

TECHNICAL PROJECT APPROACH
The following approach and vision will address how Melton Design Group and our team of Engineers will complete your park. Project Manager, Sarah Crossley, your current Project Manager for Westacre Park, will coordinate the development of a design with character, creativity and technical expertise.

To develop your park, we will use our years of experience and all the efforts the City has already performed on Phase 1 and incorporate them into Phase 2. Creating a park design with a common identity that also blends with nature is a priority for this project.

We will work with the City staff, stakeholders and tribes, and follow the design program and guidelines created for this project by the State Parks and the Land and Water Conservation Fund. The City’s grant efforts will be key in this process!
 OPPORTUNITIES and IDEAS FOR HERITAGE OAKS PARK
When working with phased projects, it is crucial to create an identity and brand that blends the phases.

After visiting and walking the site, the mighty oaks, both on your site and across Lake Washington Boulevard, provide the necessary structure to bring these phases together. The oak woodland is a precious commodity in California and your City had the foresight to keep these oaks and appreciate them.

Your current site design for Heritage Oaks Park has great elements and opportunities. We saw a few ways to enhance the current Master Plan and bring the design more into the forest and extend the forest out into the site. Please look at some of the following design elements that we have altered to stimulate conversation about the Master Plan. This new layout integrates an amphitheater with the oaks, provides larger turf area and includes focused art expression and an enhanced boardwalk that elevates into the forest. This particularly would become an attraction that will draw people to the park and into the forest.

Our hope would be to create an inspiring park that your community will cherish. “We design parks with CHARACTER!”
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Primary Elements for the Park Renovation

1. CENTRAL HUB: Spray, Play and Picnic – The
park’s core integrates the oak forest and the
commercial opportunities of the Kletterwald
USA ropes course with what will be a unique
park. It will integrate the forest with play, with
culture, with education and with sustainability.

Our design process will research the key
elements and design the park around them.
a. Themed Play and Spray – We will use that research to design elements that can be a real brand for the park. As we engage the public during your outreach, we will identify a theme, brand or commonality of the
locals so this structure can be
memorable and unique and not look or
play like any other structure.
b. Large Group Picnic Barn – This large, two-sided group picnic area is centered in the plaza between the play and spray areas. This barn-shaped structure will not only provide great shade, but also a place for families to be either grouped or separate. With the spray area, the shade will provide refuge for the parents and grand parents to watch their kids and get a little wet themselves.

2. ART and MARKET PLAZA ARRIVAL – As you pull up to the park, we wanted to provide a tree-shaded plaza with unique local art pieces to set the tone for a great day and overall experience. a. The Arrival Plaza also provides space for pop-up tents for special events and markets. Whether it’s an arts and crafts fair or a school event from Stonegate or Our Lady of Grace
Elementary Schools, this area can be used for a variety of special events.
b. The arrangement of the arrival plaza also sets you up to pick and choose what part of the site you want to venture off too.
c. The proximity of the Group Picnic Areas and Park Plazas is important to all key elements; restroom, play and parking; for ease of access and carrying of ice chests, not to
mention being in clear view of the park.

3. 1/2 MILE TRAIL SYSTEM WITH FITNESS – The perimeter trail around the site paved in concrete provides a half mile loop that you can walk, run or skate.

The inner decomposed granite trails provide many looping options through the ropes course and among the native trees and shrubs. I am confident this trail system will be one of the most popular elements of the park for all ages.

Themed play structure in Eureka Park
Public Art in the Park
Shaded Group Picnic Pavilion in Chico
Enjoying a trail in the forest
Natural spray areas to cool the kids
and adults
Natural Play Area with elevated
access for inclusive play
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4. INNER FOREST BOARDWALKS, OVERLOOKS and OBSERVATION TOWERS – Boardwalks and overlooks are a great attraction to park, allowing visitors to enter and be a part of nature in a simple and safe way, free from tripping hazards and other perceived threats or barriers. a. Accessible elevated Overlooks and Bird Observation Towers – New possibilities that will attract users to get 5’-6’ into the air to see the forest or 24’ into the canopy using the super
observation tower to be eye-to-eye with the birds.
b. Boardwalks – An elevated boardwalk throughout
the oak forest creates an attractive lure into the forest.

The walk also prevents compaction of the soil and
allows for water and small forest animals to move through the park freely.

5. MINI-SKATE ZONES and BIKE PUMP TRACKS are popular elements in our parks. Whether it’s dirt or paved, these elements are ‘climbing the charts’ as the most popular element in parks today. a. Skate Zone – MDG has designed many skate parks and we see this as a small area to provide just enough opportunity to make it work for skaters, scooters and bikes. We can also pick a theme like the acorn that we designed for the City of Live Oak.
b. Pump Track – American Ramp Co. and Progressive Bike Ramps has been brought in to assist in the design of the pump track and to bring their skills to the table to round out the team.

6. REDUCTION OF GHG and FOREST THERAPY – Overthe years, we have been using our parks for fun, sports and open space.

With covid and global warming, we have seen them become great opportunities for human and environmental health
and wellness.
a. Carbon Sequestration – with the open space
available to us and the roads surrounding our parks,
MDG sees opportunities to identify the highest
carbon sequestering trees and plant them to screen
the plumes of CO2 from our parks and family.
b. Forest Therapy and Park RX – Many colleges and
universities have integrated forest therapy into their
training, getting students into the forest or parks
and watching and studying the effect on them. It’s
the same for doctors and health institutions. Park
Rx is an organization that is using parks, much like
Heritage, as prescriptions for anxiety, physical
therapy and stress. Let’s make Heritage Oaks one of
these parks.

Observation Tower
Forest boardwalks
Art to skate on
American Ramp Company-Pump Track
Temecula, CA
De-stress in nature
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Our Projects Stay On Track SCOPE OF WORK: Work Plan / Timeline for a Typical Design Project Project Set Up and
Programming
The project launch initiates the
projects and gets all the players
together to confirm schedule and
scope. Programming tasks will
define and prioritize all elements.

We approach programming as a
holistic effort with all players.

Deliverables:

Schedule, Program, Milestones
Site Analysis, Topography
and Utility Study
The Site Analysis will capture all
the information about the site,
under, above and adjacent. We
create or obtain topographic
surveys from city. These
documents are key to a successful
end product.

Deliverables:

Onsite Assessment, Utility Map,
Base Map
Master Plan Programming
and Cost
In order to come up with a
desirable concept, we start by
identifying goals, elements and
functions of the site and Client
priorities. We then develop a
Master Plan and Cost Estimate for
Staff and Stakeholders.

Deliverables:

Master Plan, Illustrative 30
Renders, Cost Estimate(s),
Proposed Structural and
Playground Design
Construction
Documentation
Here we develop the Design
Drawings into a thorough and
precise set of Construction
Documents, Details and
Specifications that have all the
details necessary to communicate
the entire project to 100%
completion. Cost is updated at
this time also.

Deliverables:

Construction Drawings, Details
and Specifications / Cost Estimate
Bidding and Addenda
In this task, we add bid forms and
contracts, bid addenda and bid
alternates. This information
finalizes the bid, which pushes us
into onsite bid meetings with
contractors, RFIs, bid review and
award of project.

Deliverables:

Bid Forms, Addenda, RFIs,
Contractor Bids, Bid Review and
Project Award
Construction
Administration
Here we coordinate with the
Client Staff and Contractor to
review submittals. Project
inspections and RFIs allow us to
answer questions from the
contractor and to solve problems
quickly, essential to a project’s
success.

Deliverables:

Observation Reports, Punch Lists,
RFIs, Certificate of Payment,
Notice of Substantial Completion
Schematic Design Approvals
From the Master Plan, we develop Schematic Design
Documents, costs and outline and operational
program. SD will indicate all improvements in the
project, with costs and alternatives. Stakeholder,
Commission meetings and site visits aid the process.

Deliverables:

Schematic Design Docs, Renderings, Operational
Program, Preliminary Cost
Estimate
Design Development Documents
This process advances to a more detailed plan
(approx.. 30% CDs) based on the approved
Schematic Design. The priority is to define and
develop the important aspects of the project in
detail with specs.

Deliverables:

Drawing Set, Draft Spec, Detailed Cost Estimate,
Phasing, Life-Cycle Cost Analysis, CEQA
Support
4 weeks
2 weeks
8 weeks
4 weeks
8 weeks
4 mos.
5 mos.
3 mos.

Phase I Phase II Phase III
Grand
Opening
18 mos.
317
Melton Design Group, Inc
PAR23-019 Heritage Oaks Parks Design
Expires 5/15/25

EXHIBIT B
Schedule of Performance
Contract Start Date March 15, 2023
Contract End Date May 15, 2025
318
Melton Design Group, Inc
PAR23-019 Heritage Oaks Parks Design
Expires 5/15/25

EXHIBIT C
Schedule of Fees
319
Totals
Hours $195 Hours $155 Hours $140 Hours $105 Hours $90 Hours $288 Hours $253 Hours $186 Hours $135 Hours $155 Hours $200 Hours $150 Hours $110 Hours $150 Hours $125 Hours $175 Hours Fees 1 PROJECT LAUNCH, PROGRAM DEVELOPMENT and PROJECT COORDINATION $29,525

1.1 Project Set‐up, Kick‐off with Staff and Stakeholders, 4 $780 48 $7,440 $0 $0 $0 1 $288 4 $1,012 $0 1 $135 4 $620 2 $400 8 $1,200 2 $220 $0 $0 $0 74 $12,0951.2 Develop/Refine the program of elements from grant application 8 $1,560 14 $2,170 $0 $0 8 $720 1 $288 1 $253 $0 $0 $0 $0 $0 $0 $0 $0 $0 32 $4,9911.3 Project management throughout design and coordination with State Parks Dept and LWCF 2 $390 6 $930 $0 $0 2 $180 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 10 $1,500

1.4 Bi‐monthly meetings / phone calls 6 $1,170 20 $3,100 4 $560 4 $420 8 $720 1 $288 12 $3,036 $0 3 $405 8 $1,240 $0 $0 $0 $0 $0 $0 66 $10,939 2 SITE ANALYSIS, BASE DEVELOPMENT and TOPOGRAPHIC SURVEY $36,606

2.1 Site visit and analysis, onsite and surrounding, to confirm existing conditions 1 $195 2 $310 4 $560 $0 $0 1 $288 4 $1,012 2 $372 $0 $0 $0 $0 $0 $0 $0 $0 14 $2,7372.2 Base Map using topographic survey, as‐builts, frontage road all provided by the City 1 $195 6 $930 1 $140 4 $420 2 $180 1 $288 2 $506 $0 $0 $0 $0 $0 $0 $0 $0 $0 17 $2,6592.3 Utility analysis with preliminary drainage, water, electrical and sewer analysis, discussion with City Enviro Health for spray ground reqs and As‐Built review 2 $390 3 $465 $0 $8 $0 1 $288 2 $506 6 $1,116 $0 2 $310 $0 $0 $0 $0 $0 $0 16 $3,0832.4 Incorporate perimeter street frontage and roundabout design into the project $0 2 $310 $0 1 $105 $0 $0 1 $253 3 $558 $0 $0 $0 $0 $0 $0 $0 $0 7 $1,2262.5 Provide Geotechnical Report $0 $0 $0 $0 $0 $0 $0 91 $16,926 $0 $0 $0 $0 $0 $0 $0 $0 91 $16,9262.6 Perform Topographic Survey $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 57 $9,975 57 $9,975 3 SCHEMATIC DESIGN (SD) CONCEPT, PUBLIC OUTREACH and COST ESTIMATE $62,223

3.1 Review previous Outreach and integrate into the new program 2 $390 8 $1,240 $0 $0 2 $180 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 12 $1,8103.2 Prepare/conduct Public Outreach to gain a consensus on design and program 4 $780 12 $1,860 $0 4 $420 2 $180 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 22 $3,2403.3 Meet with West Sacramento Park Staff to review design and possible park programming for new site design 2 $390 8 $1,240 2 $280 8 $840 $0 1 $288 4 $1,012 4 $744 $0 $0 $0 $0 $0 $0 $0 $0 29 $4,794

3.4 Outreach at West Sacramento Community Center and at the project site, designs posted to City and MDG websites for public review 1 $195 2 $310 $0 4 $420 1 $90 $0 6 $1,518 $0 $0 $0 $0 $0 $0 $0 $0 $0 14 $2,533

3.5 Create Schematic Design plan with three (3) alts and preliminary Cost Estimate 12 $2,340 36 $5,580 4 $560 90 $9,450 4 $360 2 $576 8 $2,024 6 $1,116 1 $135 $0 7 $1,400 24 $3,600 44 $4,840 $0 6 $750 $0 238 $32,7313.6 Present Schematic plans to Staff, Commission and Council for review 2 $390 8 $1,240 $0 20 $2,100 1 $90 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 31 $3,8203.7 Finalize Schematic Design and Cost Estimate 2 $390 8 $1,240 $0 6 $630 1 $90 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 17 $2,3503.8 3rd Party Cost Estimate for final Schematic Design 1 $195 4 $620 2 $280 4 $420 $0 $0 $0 $0 $0 $0 $0 $0 $0 54 $8,100 2 $250 $0 65 $9,8653.9 Gain approval from Commission with Director and Staff 1 $195 3 $465 $0 4 $420 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 8 $1,080 4 DESIGN DEVELOPMENT (DD), COSTS and APPROVALS $94,325

4.1 Create Design Development Plan with alternatives for Staff and advisory review 16 $3,120 36 $5,580 56 $7,840 55 $5,775 3 $270 2 $576 8 $2,024 3 $558 4 $540 $0 4 $800 12 $0 40 $4,400 $0 $0 $0 239 $31,4834.2 Prelim engineering of storm drain, sewer, irrigation water, potable water and LID measure. Prepare SWPPP to obtain WDID # 4 $780 24 $3,720 8 $1,120 2 $210 $0 6 $1,728 20 $5,060 22 $4,092 $0 4 $620 $0 $0 $0 $0 $0 $0 90 $17,330

4.3 Coordinate with City Public Works and Environmental Health for utilities, spray park and plan review 2 $390 12 $1,860 2 $280 8 $840 2 $180 1 $288 15 $3,795 17 $3,162 $0 $0 $0 $0 $0 $0 $0 $0 59 $10,795

4.4 Final Design Development Plan and analysis of construction costs with Staff 6 $1,170 24 $3,720 4 $560 24 $2,520 $0 $0 8 $2,024 10 $1,860 4 $540 4 $620 4 $800 8 $1,200 20 $2,200 $0 $0 $0 116 $17,2144.5 Meet with Parks Advisory Committee to approve DD Plan 8 $1,560 16 $2,480 4 $560 2 $210 $0 2 $576 6 $1,518 $0 $0 $0 4 $800 12 $1,800 12 $1,320 $0 $0 $0 66 $10,8244.6 Provide update for Commisssion and City Council 4 $780 4 $620 $0 2 $210 2 $180 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 12 $1,7904.7 DD Cost update to original costs 2 $390 8 $1,240 8 $1,120 4 $420 1 $90 1 $288 2 $506 $0 $0 $0 $0 $0 $0 $0 $0 $0 26 $4,0544.8 Gain DD approval from Staff and update Commission as needed to proceed 2 $390 2 $310 $0 $0 $0 $0 $0 $0 1 $135 $0 $0 $0 $0 $0 $0 $0 5 $835 5 CONSTRUCTION DRAWINGS, SPECIFICATIONS (CDs) and SUBMITTALS (80% and 100%) $233,268

5.1 80% Construction Drawings, Specifications and Cost Estimate, Post‐Construction LID Calculations 42 $8,190 90 $13,950 120 $16,800 205 $21,525 24 $2,160 5 $1,440 26 $6,578 72 $13,392 12 $1,620 40 $6,200 7 $1,400 24 $3,600 80 $8,800 20 $3,000 85 $10,625 $0 767 $119,280

5.2 City and County Env. Health design review and comment 12 $2,340 25 $3,875 2 $280 10 $1,050 2 $180 2 $576 6 $1,518 $0 $0 $0 $0 $0 $0 $0 $0 $0 59 $9,8195.3 100% Construction Drawings and Specifications 25 $4,875 72 $11,160 36 $5,040 130 $13,650 24 $2,160 8 $2,304 13 $3,289 27 $5,022 20 $2,700 24 $3,720 4 $800 30 $4,500 36 $3,960 40 $6,000 35 $4,375 $0 489 $73,5555.4 Review and confirmation of CDs by City 4 $780 12 $1,860 4 $560 2 $210 2 $180 2 $576 2 $506 $0 2 $270 2 $310 $0 $0 $0 $0 $0 $0 32 $5,2525.5 Final Cost Estimate and take‐offs 8 $1,560 24 $3,720 2 $280 6 $630 1 $90 2 $576 4 $1,012 $0 2 $270 $0 $0 2 $300 $0 25 $3,750 $0 $0 76 $12,1885.6 Final review, revise and confirm final CDs / Permitting 8 $1,560 36 $5,580 8 $1,120 4 $420 8 $720 1 $288 2 $506 10 $1,860 $0 4 $620 1 $200 2 $300 $0 $0 $0 $0 84 $13,174 6 BID ADMINISTRATION and CONTRACTOR SELECTION $11,537

6.1 Prepare PDF plan set, bid sheet and schedule to include in Bid Documents 2 $390 6 $930 2 $280 2 $210 1 $90 2 $576 1 $253 $0 $0 $0 $0 $0 $0 $0 $0 $0 16 $2,7296.2 Prepare content for bid documents, notice to contractors, special provisions and general conditions (support by City) with City template $0 8 $1,240 $0 $0 $0 $0 1 $253 $0 $0 $0 $0 $0 $0 $0 $0 $0 9 $1,493

6.3 City to advertise, provide plans and collect bids from contractors with MDG to support as needed $0 4 $620 $0 1 $105 2 $180 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 7 $905

6.4 Attend pre‐bid site walk and review of plans 2 $390 2 $310 1 $140 1 $105 $0 1 $288 $0 $0 1 $135 $0 $0 $0 $0 $0 $0 $0 8 $1,3686.5 MDG to review RFIs and provide Addenda, provide clarifications of construction documents to contractors during bidding 1 $195 8 $1,240 4 $560 12 $1,260 2 $180 $0 2 $506 $0 $0 $0 $0 $0 $0 $0 $0 $0 29 $3,941

6.6 Review bids with Parks and Recreation 1 $195 2 $310 $0 $0 1 $90 $0 2 $506 $0 $0 $0 $0 $0 $0 $0 $0 $0 6 $1,101 7 CONSTRUCTION ADMINISTRATION and INSPECTIONS $21,516

7.1 MDG to assist Project Manager throughout the process and provide ASI support 8 $1,560 8 $1,240 $0 $0 $0 1 $288 4 $1,012 2 $372 $0 1 $155 2 $400 2 $300 4 $440 $0 $0 $0 32 $5,7677.2 Review and accept or deny submittals, RFIs, cutsheets, samples after review of construction documents 2 $390 12 $1,860 8 $1,120 $0 6 $540 1 $288 2 $506 $0 $0 $0 $0 $0 $0 $0 $0 $0 31 $4,704

7.3 Participate in five (5) months of construction administration, perform site visits with contractor and City Staff to review progress and inspect the site 12 $2,340 40 $6,200 8 $1,120 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 60 $9,660

7.4 MDG to develop as‐built mylar drawings from contractor input, contractor to provide digital plan for review prior to final acceptance $0 2 $310 2 $280 4 $420 1 $90 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 9 $1,100

7.5 Project closeout and certificate of completion 1 $195 $0 $0 $0 1 $90 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 2 $285 $489,000
CONSULTANT FEE ‐ HOURLY BREAKDOWN PER MILESTONE TASK
The following fee estimate is a strategy and breakdown of hours proposed per task with a not‐to‐exceed fixed fee based on the attached HOURLY FEE SCHEDULE. We honor these numbers below with the scope attached. If elements of the scope change, there will be a deduction or addition that will be established and put in writing and approved. The attached FEE SCHEDULE will be the COST BASIS for all variable costs that come into play or if significant elements are added to the project. The costs will be broken down hourly per task; MDG will negotiate a final cost of services based on hours and expenses of the project.

Heritage Oaks Park Design, West Sacramento
Project Team Hours Per Task
BKF Admin Streamline Eng Sub Totals American Ramp Principal American Ramp Project Manager American Ramp Designer Sierra West Estimator NV5 Geotech Chris Slater Electrical Engineer MDG Project Assistant BKF Principal BKF Engineer MDG Landscape‐  Irrigation Design Specialist CONSULTANT COST ADJUSTMENTSMDG will use the HOURLY FEE SCHEDULE as the basis for all additional services for a two‐year period. At that time fees may be negotiated based on tasks and cost of living increases.

ASSUMPTIONS:

The Client will provide all well information including supply (well improvements not included)The Client pays for all plan review and permit fees for project / The Client will provide timely review of submittals to maintain the Project Schedule.

Submitted by Melton Design Group, Inc. (MDG)
EXCEPTIONS: These services and estimates are available on a "as‐needed" basis Boundary Survey not included
MDG Project
Manager

COST PROPOSAL
TOTAL:

Any additional meetings apart from the ones mentioned above, will be billed as additional services on a time and materials basis.

All work outside the scope provided will be considered additional scope and will require approval in writing from the Client.MDG included inspections of the park in Construction Administration. This item can be removed to a contingency at T&M for all concultants January 31, 2023
Authorized to represent MDG and to sign a contract with City of West Sacramento Certified by Proposal Signee: Gregory Melton, President / CEO BKF Project
Manager Task
MDG Principal
Landscape
Description Architect
MDG Designers /
Technicians
320
Melton Design Group, Inc
PAR23-019 Heritage Oaks Parks Design
Expires 5/15/25

EXHIBIT D
CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
[Labor Code § 1861]
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

CONSULTANTS
By:

Title: Greg Melton, Principal Landscape Architect
321
Melton Design Group, Inc
PAR23-1019 Heritage Oaks
Expires 4/30/25

EXHIBIT E

LABOR COMPLIANCE

1. PREVAILING WAGE
A. The Work contemplated herein constitutes a public work within the meaning of Labor Code sections 1720 and 1771. It shall be mandatory upon the Consultant and upon any Subcontractor, to pay not less than the said specified prevailing rates of wages to all workers employed by them under the Contract in accordance with Labor Code section 1774. The Director of the Department of Industrial Relations ("DIR") of the State of California has determined the general prevailing rate of wages of per diem wages in the locality in which the work is to be performed for each craft or type of worker needed to execute the Contract. The Consultant acknowledges that it has examined the prevailing rate of per diem wages as established by the DIR. Copies of the current schedules for prevailing wages are on file at City Hall, and the contents of those schedules are incorporated herein as if set forth in full. The Consultant shall post a copy of the applicable prevailing wage determinations at each job site, along with any other work place posters required by law.

B. The City will not recognize any claims for additional compensation because of the payment of prevailing wages. The possibility of wage increases is one of the elements to be considered by the Consultant in determining its proposal, and will not under any circumstances be considered as the basis of a claim against the City.

C. By executing this Contract Consultant warrants that it has registered with the Department of Industrial Relations in accordance with Labor Code section 1725.5.

2. PREVAILING WAGE RECORDS
A. The Consultant and each subcontractor shall keep an accurate payroll record which shows the name, address, social security number, correct work classification (in accordance with the wage decision), both straight and overtime worked each day and week, and hourly rate of pay, gross wages earned, deductions made and net wages paid to each journeyman, apprentice, worker or other employee paid by the Consultant /subcontractor in connection with the Work. These payroll records shall be certified and shall be made available at Consultant's principal office. These records shall be maintained during the course of the Work. The Consultant and all subcontractors shall make the certified payroll records available for inspection by City representatives upon request and shall permit such representatives to interview employees during the work hours on the job site.

B. The City shall notify the Consultant in writing of any discrepancies or violations that are discovered during such inspections. Written notification pursuant to this Section shall include the actions that will be necessary to resolve the discrepancies and/or violations. The Consultant shall be held entirely responsible for the prompt resolution of all non-compliances with the prevailing wage laws, including those pertaining to all subcontractors and any lower-tier subcontractors. The Consultant shall forfeit as penalty to the City the amount specified by law for each calendar day or portion thereof for each worker (whether employed by the Consultant or any subcontractor) paid less than the stipulated prevailing rates for any work done under the Contract in violation of the provisions of the Labor Code and in particular, Section 1775.

C. To the extent applicable, Consultant and subcontractors shall maintain and furnish to the Department of Industrial Relations ("DIR"), a certified copy of each weekly payroll (but no less often than monthly), with a statement of compliance signed under penalty of perjury. Such certified payroll reports shall be transmitted electronically to the DIR.
322
Melton Design Group, Inc
PAR23-1019 Heritage Oaks
Expires 4/30/25
D. The City will not recognize any claims for additional compensation because of the payment of the prevailing wages. The possibility of wage increases is one of the elements to be considered by the Consultant in entering into the Contract, and will not under any circumstances, other than delays caused by the City, or the City’s agents, be considered as the basis of a claim against the City.

3. Labor Discrimination
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
“No discrimination shall be made in the employment of persons upon public works because of their race, color, national origin or ancestry, physical handicap, mental condition, marital status, or sex of such person, except as provided in Section 12940 of the Government Code, and every General Contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter.”
4 Eight-Hour Day Limitation
(a) In accordance with the provisions of the Labor Code, and in particular, Sections 1810 to 1815 thereof, inclusive, incorporated herein by reference, eight hours labor shall constitute a day's work, and no worker in the employ of Consultant, or any Subcontractor, doing or contracting to do any part of the work contemplated by the Contract, shall be required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of those provisions; provided that subject to Labor Code Section 1815, a worker may perform work in excess of either eight (8) hours per day or forty (40) hours during any one week upon compensation for all hours worked in excess of eight (8) hours per day or forty (40) hours during any one week at not less than one and one-half times the basic rate of pay. (b) The Consultant and each Subcontractor shall also keep an accurate record showing the names and actual hours worked of all workers employed by them in connection with the Contract. This record shall be open at all reasonable hours to the inspection of the City. It is hereby further agreed that, except as provided in (a) above, the Consultant shall forfeit as a penalty to the City the sum of twenty-five dollars ($25) for each worker employed in the performance of the Contract by the Consultant or by any of its Subcontractors for each calendar day during which such worker is required or permitted to labor more than eight (8) hours in and one calendar day and forty (40) hours in any one calendar week in violation of Sections 1810 through 1815.

5. Compliance with State Requirements for Employment of Apprentices (a) The Consultant's attention is directed to Section 1777.5 of the Labor Code. Provisions of said Section pertaining to employment of registered apprentices are hereby incorporated by reference into this Contract. As applicable, the Consultant or any Subcontractor employed by the Consultant in the performance of this Contract shall take such actions as necessary to comply with the provisions of Section 1777.5. 323

CITY COUNCIL AGENDA REPORT
MEETING DATE: March 15, 2023 ITEM # 10
SUBJECT:

CONSIDERATION OF AN UPDATE ON STATE GOVERNMENT AFFAIRS, RESOLUTION 23-22 OPPOSING INITIATIVE #21-0042A1 "THE TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT", AND APPROVAL OF A SUPPORT POSITION ON SENATE BILL 586 (EGGMAN) RELATING TO FLOOD CONTROL
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 provide the Council with an update on state government affairs as well as sufficient information to adopt Resolution 23-22 opposing Initiative #21-0042, otherwise known as the Taxpayer Protection and Government Accountability Act, and to approve a support position on Senate Bill 586 (Eggman) relating to flood control.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:

1. Accept staff's report on state government relations;

2. Adopt Resolution 23-22 to oppose Initiative #21-0042, otherwise known as “The Taxpayer Protection and Government Accountability Act”; and

3. Approve a support position on Senate Bill 586 (Eggman) relating to flood control, authorize the Mayor to sign and transmit the attached letter of support, and authorize the City Manager, or his designee, to take all actions necessary to support the legislation.

BACKGROUND
State Government Affairs Update
Following the November 2022 elections, the Legislature reconvened to begin a new two-year session on January 4 with a deadline to introduce bills by February 17. As of that deadline, members of both houses have introduced over 2,600 bills; the most of any single year over the last decade. City Manager’s Office staff is currently working with the City’s state advocates at Arc Strategies to parse through these bills, determine those most relevant to the City, and ensure that City departments are kept apprised of legislative developments that may impact their work. As always, there are many proposals that may have a direct positive or negative effect on City services and operations.

Also, on January 8, Governor Newsom released his proposed 2023-24 budget, which projects a potential $22.5 billion deficit based largely on volatility in the capital gains tax. The Governor has proposed to mitigate this deficit through a combination of funding delays, reductions in previously funded expenditures, shifts, and trigger delays that will only take place if revenues continue to lag behind projections. The Governor’s budget contains several priorities including education, homelessness services, housing, climate resiliency (wildfires/drought/floods), public safety, and economic development, among others. Staff closely monitors budget negotiations leading up to the budget deadline, and will keep the Council apprised of opportunities to support funding for City priorities as well as opportunities for direct funding. The City has been successful in advocating for directed funding toward City parks in each of the previous two budgets, though opportunities for such member-directed expenditures may be significantly curtailed in the face of a budget deficit.

Finally, the November 2024 citizens’ initiative process is already ramping up with four proposals already qualifying for the ballot. As discussed later in this report, one of these qualified initiatives would have serious ramifications for local governments. As the 2024 election draws closer, there may be additional recommendations for the Council to take positions on ballot initiatives.

Considering these developments, staff deemed it appropriate at this time to present the Council with a general update on state governmental affairs, along with select recommendations on advocacy efforts. Given the fluid nature of the legislative session, staff does not intend the following report and recommendations to be comprehensive, but rather to provide a snapshot in time and allow the Council to take some appropriate early actions to advance City priorities. Staff expects that throughout the year there may be additional recommended actions and/or updates and welcomes Council direction regarding issues on which they would like to receive further information or recommendations.
324
Government Affairs Update
March 15, 2023

Significant dates of note include the June 15 deadline for the Legislature to pass the Budget, the September 14 deadline for both houses to pass bills, and the October 14 deadline for the Governor to sign or veto legislation.

Staff has included a complete legislative calendar for Council’s reference as Attachment 3.

Initiative 21-0042A1: “The Taxpayer Protection and Government Accountability Act” On February 1, the “Taxpayer Protection and Government Accountability Act,” or AG# 21-0042A1 (Act), qualified for the November 2024 ballot. The Act would amend the California Constitution with provisions that limit voters’ authority and input on tax measures, adopt new and stricter rules for raising taxes and fees, and may make it more difficult to impose fines and penalties for violation of state and local laws. Staff has provided a summary of the major provisions of the Act below:

Fees and Charges:
 Except for licensing and other regulatory fees, fees, and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence.
 Requires fees and charges paid for the use of local and state government property and the amount paid to purchase or rent government property to be “reasonable.” These fees and charges are currently allowed to be market-based. Whether the amount is “reasonable” (introducing a new legal standard aiming to force below market fee and charge amounts) must be proved by “clear and convincing evidence.” The standard may significantly reduce the amount large companies (e.g., oil, utilities, gas, railroads, garbage/refuse, cable, and other corporations) will pay for the use of local public property.
 Prohibits fees on new development based on vehicle miles traveled.

Taxes:
 Taxes and fees adopted after Jan. 1, 2022, that do not comply with the new rules, are void unless reenacted.
 Invalidates Upland decision that allows a majority of local voters to pass special taxes. The measure specifies that taxes proposed by the initiative are subject to the same rules as taxes placed on the ballot by a city council.
 Expressly prohibits local advisory measures which allow local voters to express a preference for how local general tax dollars should be spent.
 Requires voter approval to expand existing taxes (e.g., Utility, Transient Occupancy) to new territory (e.g., annexations) or to expand the tax base (e.g., new utility service).  New taxes can only be imposed for a specific time period (i.e., must include a sunset date).

Fines and Penalties:
 May require voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.

Cal Cities (formerly the League of California Cities) along with a broad coalition of local governments, labor, public safety, education, and infrastructure advocates, are in opposition to this initiative. Cal Cities has called on its members to adopt resolutions in opposition to this measure in line with Staff’s proposal.

Senate Bill 586 (Eggman) Flood Management: Deadlines
The Legislature passed and Governor signed Senate Bill (SB) 5 in 2008 to motivate local agencies to achieve higher levels of flood protection as quickly as possible and to stop development for Central Valley communities not achieving those goals. Specifically, SB 5 required communities in the Central Valley to obtain 200-year flood protection by 2025, or otherwise they must stop approving discretionary development approvals, including development agreements, tentative and final maps, and building permits for new dwelling units. In 2020, the San Joaquin Area Flood Control Agency (SJAFCA) sponsored AB 838 (Eggman) which extended this deadline for SJAFCA’s Mossdale Tract area until 2028. Subsequently, in 2022, the West Sacramento Area Flood Control Agency (WSAFCA) and the City jointly sponsored SB 901 (Pan) which extended this deadline for West Sacramento to 2030.

The City, along with communities of Sacramento, Stockton, Lathrop, and Manteca, with encouragement from the California Department of Water Resources, have all developed plans for 200-year protection which are significantly based on involvement by the U.S. Army Corps of Engineers (USACE). While USACE projects are 325
Government Affairs Update
March 15, 2023

historically slow, they bring significant federal investment, generally totaling 65% of the total project cost. This approach has resulted in USACE contributing billions of dollars of federal investment in the Central Valley, including roughly $100 million for construction of the West Sacramento project over the last two years alone.

Unfortunately, relying on USACE presents significant challenges to meeting the 2030 deadline due to the slow and unpredictable nature of funding and construction. As such, the Sacramento Area Flood Control Agency, WSAFCA, and SJAFCA have jointly proposed SB 586 (Eggman) which provides the needed time for the USACE to implement these federal projects. SB 586 would eliminate the deadline to achieve the urban level of flood protection for flood management agencies that have either: (1) an active federal project in the planning, design, construction, or the project closeout phase; (2) a completed federal feasibility study awaiting Congressional authorization; or (3) an authorized federal project awaiting the receipt of federal appropriations to advance design, construction, or project closeout activities.

ANALYSIS
Initiative 21-0042A1: “The Taxpayer Protection and Government Accountability Act” Currently, state statutes and constitutional provisions such as Proposition 13, Proposition 218, and Proposition 26 substantially restrict local government revenue-raising authority. The Taxpayer Protection and Government Accountability Act (Act) would add and expand restrictions on voters and local government tax and fee authority, jeopardizing fiscal autonomy and stability for all local governments, including the City of West Sacramento.

The City has an established, successful track record of voter-approved sales tax measures accompanied by advisory measures that allow the voters to guide how those tax dollars are spent (Measures J & K; Measures U & V). Voters also approved Measure E in 2016 and Measure N in 2018, both of which contained strong ballot language as to revenue uses. Additionally, the City has relied on some of these sales tax measures existing in perpetuity for long-range planning purposes. Should the Act pass, the City’s voters would not have the same ability to direct their approved sales tax revenue to key services, denying them the opportunity to participate in the prioritization of City expenditures. Moreover, the City would lose the ability to rely on any tax measures that do not expire going forward.

The City also relies on an ability to increase fee rates/charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge, further restricting the City’s financial flexibility.

All told, the Act would have significant ramifications on the City’s finances both now and in the future, which could restrict the City’s ability to provide core services. As such it is in the City’s interest to adopt Resolution 23-22 opposing this harmful ballot measure.

Senate Bill 586 (Eggman) Flood Management: Deadlines
Flood protection remains at the top of the City’s Strategic Plan Priorities because it is essential to ensuring the safety and well-being of all residents and businesses. Thus, the City and WSAFCA must continue to advance the West Sacramento Flood Control Project (project) to meet the 200-year level of flood protection. The City and WSAFCA have been proactive in seeking federal authorization, completing project design, lobbying for construction funds, and utilizing local funding sources to partner with the state on advanced construction of several projects, including the Southport Setback Levee Project. Simultaneously, the City is pursuing many other priorities, including housing, economic development, and mobility/connectivity, to name a few, which would be significantly impacted if the City does not meet the SB 5 requirements by currently mandated deadlines.

Despite the City’s prioritization of the project and progress to date, the reality is that the federal government is responsible for the majority of project funding and construction. This means that the City and WSAFCA have relatively little control over meeting the SB 5 deadline. The Legislature and Governor recognized this when they enacted prior extensions to the SB 5 deadline. SB 586 would clarify once and for all that communities taking reasonable steps to meet the mandated level of flood protection should not be punished for delays in federal funding and construction.

Hence, staff is recommending that the Council support this legislation. If enacted, this bill will ensure that the City and WSAFCA can continue to advance the project in partnership with USACE without enduring the negative ramifications of not meeting state-mandated deadlines that are dependent on federal actions. 326
Government Affairs Update
March 15, 2023

Environmental Considerations
The proposed actions contained in this report fall 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.” Commission Recommendation
N/A
Strategic Plan Integration
The Taxpayer Protection and Government Accountability Act has a direct negative nexus to virtually all Strategic Plan items due to its potential ramifications on the City’s finances.

SB 586 has a direct positive nexus to 2022 Strategic Plan Items “Housing & Homelessness” and “Flood Protection (Federal Project)” by giving the City and WSAFCA the time necessary to complete the project without jeopardizing community development.

Alternatives
Staff has summarized the Council’s primary alternatives below:

1. Receive staff’s update, adopt Resolution 23-22, approve a support position on SB 586, authorize the Mayor to sign and transmit the attached letter of support, and authorize the City Manager, or his designee, to take all actions necessary to support the legislation.

2. Receive staff’s update, adopt Resolution 23-22, approve a support position on SB 586, authorize the Mayor to sign and transmit the attached letter of support, and authorize the City Manager, or his designee, to take all actions necessary to support the legislation with directed modifications.

3. Decline to take action on any combination of the above alternatives.

Alternative 1 is staff’s recommended action. Staff is prepared to implement Alternative 2. Staff is not recommending Alternative 3 because both of these recommendations have material effects on the City’s operations and ability to achieve certain goals, and thus warrant City advocacy actions.

Coordination and Review
City Manager’s Office staff prepared this item in consultation with the City’s contract advocates at Arc Strategies, the City Attorney’s Office, and the Finance Department.

Budget/Cost Impact
There is no direct budget or cost impact associated with any of these items. However, if approved, the Taxpayer Protection and Government Accountability Act would have a significant impact on the City’s budget strategy.

ATTACHMENT

1. Draft Resolution 23-22

2. Draft Letter of Support for SB 586 (Eggman)

3. Legislative Calendar

4. Full Text of Initiative 21-0042A1

5. Full Text of SB 586 (Eggman)
327
Attachment 1
RESOLUTION 23-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO OPPOSING INITIATIVE 21-0042A1 “THE TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT”
WHEREAS, on February 1, 2023, the “Taxpayer Protection and Government Accountability Act,” or AG# 21-0042A1 (Act), qualified for the November 2024 general election ballot.; and
WHEREAS, the Act contains provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures wherein voters provide direction on how they want their local tax dollars spent; and
WHEREAS, the Act potentially would create new constitutional loopholes to allow corporations to pay far less than their fair share for the impacts they have on the City, including on infrastructure and the environment; and

WHEREAS, the measure would make it more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect the environment, public health and safety, and neighborhoods; and
WHEREAS, the measure puts billions of dollars currently dedicated to local services across the state at risk and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and
WHEREAS, the City has an established successful track record of voter-approved tax measures accompanied by advisory language, a tradition that the Act would outlaw; and WHEREAS, the Act would jeopardize the fiscal autonomy that is essential to a highfunctioning City providing quality and responsive services to its residents.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Sacramento that the City of West Sacramento opposes Initiative 21-0042A1.

PASSED AND ADOPTED by the West Sacramento City Council this 15th day of March, 2023, by the following vote:

AYES:

NOES:

ABSENT:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
328
1110 West Capitol Avenue
West Sacramento, CA 95691
(916) 617-4500
www.cityofwestsacramento.org
Attachment 2
March 16, 2023
The Honorable Susan Talamantes Eggman
Member, California State Senate
1021 O Street, Suite 530
Sacramento, CA 95814
RE: SB 586 (Eggman): Flood management: deadlines.

Notice of Support
Dear Senator Talamantes Eggman:

The City of West Sacramento (City) supports your Senate Bill (SB) 586, which would provide an extension for Central Valley communities that are actively partnering with the U.S. Army Corps of Engineers (USACE) to reach the state-mandated level of urban flood protection.

As you know, in 2008 the Legislature passed and Governor signed SB 5 to motivate local agencies to achieve higher levels of flood protection as quickly as possible, and to stop development for Central Valley communities not achieving those goals. Specifically, SB 5 required communities to obtain 200- year protection by 2025, or otherwise they must stop approving discretionary development approvals, including development agreements, tentative and final maps, and building permits for new dwelling units. In 2020, the San Joaquin Area Flood Control Agency (SJAFCA) sponsored AB 838 (Eggman) which extended this deadline for SJAFCA’s Mossdale Tract area until 2028. Subsequently, in 2022, the West Sacramento Area Flood Control Agency (WSAFCA) and the City jointly sponsored SB 901 (Pan) which extended this deadline for West Sacramento to 2030.

The City, along with communities of Sacramento, Stockton, Lathrop, and Manteca, with encouragement from the California Department of Water Resources, have all developed plans for 200-year protection which are significantly based on involvement by USACE. While USACE projects are historically slow, they bring significant federal investment, generally totaling 65% of total project cost. This approach has resulted in USACE contributing billions of dollars of federal investment into the Central Valley, including roughly $100 million for construction of the West Sacramento project over the last two years alone.

Unfortunately, relying on USACE presents significant challenges to meeting the 2030 deadline due to the slow and unpredictable nature of funding and construction. Recognizing this, SB 586 (Eggman) provides the needed time for the USACE to implement these federal projects. SB 586 would eliminate the deadline to achieve the urban level of flood protection for flood management agencies that have either: (1) an active federal project in the planning, design, construction, or the project closeout phase; (2) a completed federal feasibility study awaiting Congressional authorization; or (3) an authorized federal project awaiting the receipt of federal appropriations to advance design, construction, or project closeout activities.
329
SB 586 (Eggman) SUPPORT
March 15, 2023

Flood protection remains at the top of the City’s priorities because it is essential to ensuring the safety and well-being of all residents and businesses. The City and WSAFCA have been proactive in seeking federal authorization, completing project design, lobbying for construction funds, and utilizing local funding sources to partner with the state on the advanced construction of several projects, including the Southport Setback Levee Project.

Despite the City’s prioritization of the project and progress to date, the reality is that the federal government is responsible for the majority of project funding and construction. This means that the City and WSAFCA have relatively little control over meeting the state-mandated deadline. The Legislature and Governor recognized this when they enacted prior extensions that deadline. SB 586 would clarify once and for all that communities taking reasonable steps to meet the mandated level of flood protection should not be punished for delays in federal funding and construction.

For these reasons, we support your SB 586. If you need additional information about our position, please contact the City’s Legislative Advocate, Amy Brown, at [email protected] or (916) 341- 0808.

Sincerely,
Martha Guerrero
Mayor
City of West Sacramento
cc: The Honorable Anna Caballero, Chair, Senate Governance & Finance Committee The Honorable Dave Min, Chair, Senate Natural Resources & Water Committee The Honorable Cecilia Aguiar-Curry, 4th Assembly District The Honorable Bill Dodd, 3rd Senate District
330
2023 TENTATIVE LEGISLATIVE CALENDAR

COMPILED BY THE OFFICE OF THE SECRETARY OF THE SENATE AND THE OFFICE OF THE ASSEMBLY CHIEF CLERK Revised 11/4/2022

JANUARY

S M T W TH F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31

DEADLINES
Jan. 1 Statutes take effect (Art. IV, Sec. 8(c)).

Jan. 4 Legislature reconvenes (J.R. 51(a)(1)).

Jan. 10 Budget must be submitted by Governor (Art. IV, Sec. 12(a)).

Jan. 16 Martin Luther King, Jr. Day
Jan. 20 Last day to submit bill requests to the Office of Legislative Counsel

FEBRUARY

S M T W TH F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28
Feb. 17 Last day for bills to be introduced (J.R. 61(a),(1)(J.R. 54(a)).

Feb. 20 Presidents’ Day.

MARCH

S M T W TH F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
Mar. 30 Spring recess begins upon adjournment of this day’s session (J.R. 51(a)(2)).

Mar. 31 Cesar Chavez Day.

APRIL

S M T W TH F S
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 Apr. 10 Legislature reconvenes from Spring recess (J.R. 51(a)(2)).

Apr. 28 Last day for policy committees to hear and report to fiscal committees fiscal bills introduced in their house (J.R. 61(a)(2)).

MAY

S M T W TH F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
May 5 Last day for policy committees to hear and report to the floor non-fiscal bills introduced in their house (J.R. 61(a)(3))
May 12 Last day for policy committees to meet prior to June 5 (J.R. 61(a)(4)).

May 19 Last day for fiscal committees to hear and report to the Floor bills introduced in their house (J.R. 61(a)(5)).

Last day for fiscal committees to meet prior to June 5 (J.R. 61(a)(6)).

May 29 Memorial Day.

May 30-June 2 Floor Session Only. No committees, other than conference or Rules committees, may meet for any purpose (J.R. 61(a)(7)). *Holiday schedule subject to Senate Rules committee approval

331
2023 TENTATIVE LEGISLATIVE CALENDAR

COMPILED BY THE OFFICE OF THE SECRETARY OF THE SENATE AND THE OFFICE OF THE ASSEMBLY CHIEF CLERK Revised 11/4/2022
JUNE

S M T W TH F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30
June 2 Last day for each house to pass bills introduced in that house (J.R. 61(a)(8)).

June 5 Committee meetings may resume (J.R. 61(a)(9)).

June 15 Budget must be passed by midnight (Art. IV, Sec. 12(c)(3)).

JULY

S M T W TH F S
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
July 4 Independence Day.

July 14 Last day for policy committees to meet and report bills (J.R. 61(a)(10)).

Summer Recess begins upon adjournment of session provided Budget Bill has been passed (J.R. 51(a)(3)).

AUGUST

S M T W TH F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
Aug. 14 Legislature reconvenes from Summer Recess (J.R. 51(a)(3)).

SEPTEMBER

S M T W TH F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
Sept. 1 Last day for fiscal committees to meet and report bills to Floor (J.R. 61(a)(11)).

Sept. 4 Labor Day.

Sept. 5-14 Floor session only. No committees, other than conference or Rules committees, may meet for any purpose (J.R. 61(a)(12)).

Sept. 8 Last day to amend on the floor (J.R. 61(a)(13)).

Sept. 14 Last day for each house to pass bills (J.R. 61(a)(14)).

Interim Study Recess begins at the end of this day’s session (J.R. 51(a)(4)).

*Holiday schedule subject to Senate Rules committee approval

IMPORTANT DATES OCCURRING DURING INTERIM STUDY RECESS
2023
Oct. 14 Last day for Governor to sign or veto bills passed by the Legislature on or before Sept. 14 and in his possession after Sept. 14 (Art. IV, Sec.10(b)(1)). 2024
Jan. 1 Statutes take effect (Art. IV, Sec. 8(c)).

Jan. 3 Legislature reconvenes (J.R. 51(a)(4)).

332
BELL, McANDREWS & HILTACHK, LLP
Anabel Renteria
Initiative Coordinator
ATTORNEYS AND COUNSEL-ORS AT I.AW
455 C APITO L MALL, S UITE 600
SACRAMENTO, CALIFOE=INIA 95014
(916) 44;a-7757
FAX [916) 44-;a-77 59
www.bmhlaw.com
January 4, 2022
2 1 - 0 0 4 2

RECEIVED
JAN O 4 2022
Office of the Attorney General
State of California

INITIATIVE COORDINATOR

ATTORNEY GENERAL'S OFFICE
PO Box 994255
Sacramento, CA 94244-25550
Re: Initiative 21-0042 - Amendment Number One
Dear Initiative Coordinator:

Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find Amendment #1 to Initiative No. 21-0042 "The Taxpayer Protection and Government Accountability Act." The amendments are reasonably germane to the theme, purpose or subject of the initiative measure as originally proposed.

I am the proponent of the measure and request that the Attorney General prepare a circulating title and summary of the measure as provided by law, using the amended language.

Thank you for your time and attention processing my request.

Sincerely,
Thomas W.
~ Hiltachk
333
2 1 - 0 0 4 2 Arndt. # /
The Taxpayer Protection and Government Accountability Act [Deleted codified text is denoted in strikeout. Added codified text is denoted by italics and underline.] Section 1. Title
This Act shall be known, and may be cited as, the Taxpayer Protection and Government Accountability Act.

Section 2. Findings and Declarations
(a) Californians are overtaxed. We pay the nation's highest state income tax, sales tax, and gasoline tax. According to the U.S. Census Bureau, California's combined state and local tax burden is the highest in the nation. Despite this, and despite two consecutive years of obscene revenue surpluses, state politicians in 2021 alone introduced legislation to raise more than $234 billion in new and higher taxes and fees.
(b) Taxes are only part of the reason for California's rising cost-of-living crisis. Californians pay billions more in hidden "fees" passed through to consumers in the price they pay for products, services, food, fuel, utilities and housing. Since 2010, government revenue from state and local "fees" has more than doubled.
(c) California's high cost of living not only contributes to the state's skyrocketing rates of poverty and homelessness, they are the pushing working families and job-providing businesses out of the state. The most recent Census showed that California's population dropped for the first time in history, costing us a seat in Congress. In the past four years, nearly 300 major corporations relocated to other states, not counting thousands more small businesses that were forced to move, sell or close. (d) California voters have tried repeatedly, at great expense, to assert control over whether and how taxes and fees are raised. We have enacted a series of measures to make taxes more predictable, to limit what passes as a "fee," to require voter approval, and to guarantee transparency and accountability. These measures include Proposition 13 (1978), Proposition 62 (1986), Proposition 218 (1996), and Proposition 26 (2010).
(e) Contrary to the voters' intent, these measures that were designed to control taxes, spending and accountability, have been weakened and hamstrung by the Legislature, government lawyers, and the courts, making it necessary to pass yet another initiative to close loopholes and reverse hostile court decisions.

Section 3. Statement of Purpose
(a) In enacting this measure, the voters reassert their right to a voice and a vote on new and higher taxes by requiring any new or higher tax to be put before voters for approval. Voters also intend that all fees and other charges are passed or rejected by the voters themselves or a governing body elected by voters and not unelected and unaccountable bureaucrats.
(b) Furthermore, the purpose and intent of the voters in enacting this measure is to increase transparency and accountability over higher taxes and charges by requiring any tax measure placed on the ballot1 334
either at the state or local level-to clearly state the type and rate of any tax, how long it will be in effect, and the use of the revenue generated by the tax.
(c) Furthermore, the purpose and intent of the voters in enacting this measure is to clarify that any new or increased form of state government revenue, by any name or manner of extraction paid directly or indirectly by Californians, shall be authorized only by a vote of the Legislature and signature of the Governor to ensure that the purposes for such charges are broadly supported and transparently debated. (d) Furthermore, the purpose and intent of the voters in enacting this measure is also to ensure that taxpayers have the right and ability to effectively balance new or increased taxes and other charges with the rapidly increasing costs Californians are already paying for housing, food, childcare, gasoline, energy, healthcare, education, and other basic costs of living, and to further protect the existing constitutional limit on property taxes and ensure that the revenue from such taxes remains local, without changing or superseding existing constitutional provisions contained in Section 1{c) of Article XIII A. (e) In enacting this measure, the voters also additionally intend to reverse loopholes in the legislative twothirds vote and voter approval requirements for government revenue increases created by the courts including, but not limited to, Cannabis Coalition v. City of Upland, Chamber of Commerce v. Air Resources Board, Schmeer v. Los Angeles County, Johnson v. County of Mendocino, Citizens Assn. of Sunset Beach v.

Orange County Local Agency Formation Commission, and Wilde v. City of Dunsmuir.

Section 4. Section 3 of Article XIII A of the California Constitution is amended to read:

Sec. 3(a} Every levy, charge. or exaction of any kind imposed by state law is either a tax or an exempt charge.
illlJ1l ~ Any change in state statute Jaw which results in any taxpayer paying a new or higher tax must be imposed by an act passed by not less than two-thirds of all members elected to each of the two houses of the Legislature, and submitted to the electorate and approved by a maiority vote, except that no new ad valorem taxes on real property, or sales or transaction taxes on the sales of real property, may be imposed. Each Act shall include:
(A) A specific duration of time that the tax will be imposed and an estimate of the annual amount expected to be derived from the tax.
(BJ A specific and legally binding and enforceable limitation on how the revenue from the tax can be spent.

If the revenue from the tax can be spent for unrestricted general revenue purposes. then a statement that the tax revenue can be spent for "unrestricted general revenue purposes" shall be included in a separate, stand-alone section. Any proposed change to the use of the revenue from the tax shall be adopted by a separate act that is passed by not less than two-thirds of all members elected to each of the two houses of the Legislature and submitted to the electorate and approved by a maiority vote. (2) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, including a measure proposed by an elector pursuant to Article II, include:
{A) The type and amount or rate of the tax;
(BJ The duration of the tax: and
2 335
(CJ The use of the revenue derived from the tax.
(c} Any change in state law which results in any taxpayer paying a new or higher exempt charge must be imposed by an act passed by each of the two houses of the Legislature. Each act shall specify the type of exempt charge as provided in subdivision (e ), and the amount or rate of the exempt charge to be imposed.

Ml._fbt As used in this section and in Section 9 of Article II, "tax" means every aA1f levy, charge, or exaction of any kind imposed by the State state law that is not an exempt charge. e1<eept the follo•Ning:
(e) As used in this section. "exempt charge" means only the following:
(1) a el:iarge imposes fer a s1=1eeifie eenefit eonferreEl or pri'+'ilege granteEl aireetly to tl:ie 13ayor tl:iat is not 1=1ro>viaeEl to tl:iose not et:iargeEI, anEI whiel:i aoes not e1<ceeEl tl:ie reasonal3Ie costs to tl:ie State of eonferring the benefit or granting the pri¥ilege to the 1=1a¥OF.
ill {-2+ A reasonable charge irnposeEl for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the rnasonable actual costs to the State of providing the service or product to the payor. f.11 ~ A charge in,poseEl for the reasonable regulatory costs to the State incident to issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof. (3) A levy, charge. or exaction collected from local units of government. health care providers or health care service plans that is primarily used by the State of California for the purposes of increasing reimbursement rates or payments under the Medi-Cal program, and the revenues of which are primarily used to finance the non-federal portion of Medi-Cal medical assistance expenditures. (4) A reasonable charge iR'l13oseEl for entrance to or use of state property, or the purchase. rental, or lease of state property, except charges governed by Section 15 of Article XI. (5} A fine, or penalty, or other monetary el:large including any applicable interest for nonpayment thereot imposed by the judicial branch of government or the State, as a result of a state administrative enforcement agency pursuant to adiudicatorv due process, to punish a violation of law. (6} A levy, charge, assessment, or exaction collected for the promotion of California tourism pursuant to Chapter 1 (commencing with Section 13995) of Part 4.7 of Division 3 of Title 2 of the Government Code. flL~Any tax or exempt charge adopted after January 1, 2022 ~, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted B'l the begislatuFe anel signea into law ey tl:ie <iio¥ernoF in compliance with the requirements of this section. [gl[.JlJG:} The State bears the burden of proving by a preponEleranee oftl:le clear and convincing evidence that a levy, charge, or other exaction is an exempt charge and not a tax. The State bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. ,tR-a-t tl:ie amouRt is RO n,ore tl:ian neeessary to cover the reasonable costs of the go•.•emn,ental actii,•i:t>,• ane 3 336
that the manner in •Nhiel.:i these cests are allecated ts a pa·1er bear a fair er reasenable relatienshi13 ts the 13a·1or's b1:1relens on, or benefits reeei11eel from, the go•.ieFRmental actit.iit'( (2) The retention ofrevenue by, or the payment to. a non-governmental entity ofa levv. charge, or exaction of any kind imposed by state law, shall not be a factor in determining whether the levy. charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy, charge, or exaction of any kind as being voluntary, or paid in exchange for a benefit, privilege, allowance, authorization, or asset, shall not be a factor in determining whether the levy, charge, or exaction is a tax or an exempt charge. /4} The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge. (h) As used in this section:
(1) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor, and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes, other exempt charges, grants, and state or federal funds received to provide such service or product.
(2) "Extend" includes, but is not limited to, doing any of the following with respect to a tax or exempt charge: lengthening its duration. delaying or eliminating its expiration, expanding its application to a new territory or class ofpayor, or expanding the base to which its rate is applied. (3) "Impose" means adopt, enact, reenact, create, establish, collect, increase or extend. (4) "State law" includes, but is not limited to. any state statute, state regulation, state executive order. state resolution, state ruling, state opinion Jetter, or other legal authority or interpretation adopted, enacted. enforced, issued, or implemented by the legislative or executive branches of state government. "State law" does not include actions taken by the Regents of the University of California, Trustees of the California State University, or the Board of Governors of the California Community Colleges.

Section 5. Section 1 of Article XIII C of the California Constitution is amended, to read:

Sec. 1. Definitions. As used in this article:
{a) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor. and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes. other exempt charges, grants, and state or federal funds received to provide such service or product.
(b) "Extend" includes, but is not limited to. doing any of the following with respect to a tax. exempt charge, or Article XIII D assessment. fee, or charge: lengthening its duration, delaying or eliminating its expiration. expanding its application to a new territory or class of payor, or expanding the base to which its rate is applied.
4 337
.lfl..W 11General tax" means any tax imposed for general governmental purposes. (d} "Impose" means adopt, enact, reenact, create, establish, collect, increase, or extend. {clJb} "Local government" means any county, city, city and county, including a charter city or county, any special district, or any other local or regional governmental entity, or an elector pursuant to Article fl or the initiative power provided by a charter or statute.
(f) "Local law" includes. but is not limited to, any ordinance, resolution, regulation. ruling, opinion letter, or other legal authority or interpretation adopted, enacted, enforced, issued, or implemented by a local government.
{gl_{t} "Special district" means an agency of the State, formed pursuant to general law or a special act, for the local performance of governmental or proprietary functions with limited geographic boundaries including, but not limited to, school districts and redevelopment agencies. f11L{d} "Special tax" means any tax imposed for specific purposes, including a tax imposed for specific purposes, which is placed into a general fund.
111 i@} As used in this article, and in Section 9 of Article II, "tax" means every aRV-levy, charge, or exaction of any kind, imposed by a local go,;ernmeRt law that is not an exempt charge., exeept tl=le fellowiRg:
(i) As used in this section, "exempt charge" means only the following:
(1) A cl=large imposeel fer a speeifie beAefit eoAferreel or pri,;ilege graAteel eliFeetl')' to tl=le pa1,ior tl=lat is Rot pre1,•ieleel to these Rot ehargea, aA£l which £lees Rot exeeeel tl=le reaseAable costs to tl=le loeal gm,·ernFAeAt of conferriAg the beAefit or graAting tl:1e pri¥ilege.
ill R} A reasonable charge imposes for a specific local government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasoAable actual costs to the local government of providing the service or product. fl1 WA charge im13ose£l for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof.

W {4t A reasonable charge imposeel for entrance to or use of local government property, or the purchase, rental, or lease of local government property.

Ml. fSt A fine, or penalty, or other FAOA@tar,· eharge including any applicable interest for nonpayment thereat imposed by the judicial branch of government or a local government administrative enforcement agency pursuant to adiudicatorv due process, as a res1,1lt of to punish a violation of law. ill -f6t A charge imposed as a condition of property development. No levv, charge, or exaction regulating or related to vehicle miles traveled may be imposed as a condition of property development or occupancy. f.i1 f7t An AssessFAeRts a Rel property relate el fees assessment. fee. or charge imJ;1oseel iA aeeoraanee witl=l the pro¥isio A5 of subject to Article XI 11 D, or an assessment imposed upon a business in a tourism marketing district, a parking and business improvement area, or a property and business improvement district. 5 338
(7) A charge imposed for a specific health care service provided directly to the payor and that is not provided to those not charged. and which does not exceed the reasonable costs to the local government of providing the health care service. As used in this paragraph, a "health care service" means a service licensed or exempt from licensure by the state pursuant to Chapters 1. 1.3, or 2 of Division 2 of the Health and Safety Code.

The local government bears the b1:1rden of proving by a preponderance of the e .. ·ielence that a lew, charge, or other exaction is not a ta1<, that the amo1:1nt is no more than necessaPJ' to cover the reasonable costs of the go•,ernfflental acti•.«ity anel that tJ:ie manner in which those costs are allocateel to a pa•ror bear a fair or reasonable relationship to the pa•ror's blslrdens on, or bene:fits receiveel from, the go1a1ernmental acfa•ity.

Section 6. Section 2 of Article XIII C of the California Constitution is amended to read:

Sec. 2. Local Government Tax Limitation. Notwithstanding any other provision of this Constitution:
(a) Every levy. charge. or exaction of any kind imposed by local law is either a tax or an exempt charge. All taxes imposed by any local government shall be deemed to be either general taxes or special taxes. Special purpose districts or agencies, including school districts, shall have no power to levy general taxes. (b) No local Jaw go,.·ernment whether proposed by the governing body or by an elector, may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote. A general tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. The election required by this subdivision shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body. (c) An•r general tax imposed, el<tended, or increaseel, •.-.iitho1:1t •.·oter approval, lay any local go,.·ernment on or after Janlslary 1, 1995, ana prior ta the effecti,.·e date of this article, shall contin1:1e to be imposed only if appro,.·ea b1• a majority vote of the voters voting in an election OR the issye of the in:iposition, whicl::i election sl::iall be l::ield witl::iin t•Ne 1•ears ef the effectii.ie date of this article and in com13liance with slslbdi\·isien (b}. {El) No local law government. whether proposed by the governing body or by an elector. may impose, eMteRd, er increase any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote. A special tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. {d) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, include:
(1) The type and amount or rate of the tax;
(2) the duration of the tax; and
(3) The use of the revenue derived from the tax. If the proposed tax is a general tax. the phrase "for general government use" shall be required, and no advisory measure may appear on the same ballot that would indicate that the revenue from the general tax will. could. or should be used for a specific purpose. (e) Only the governing body of a local government. other than an elector pursuant to Article II or the initiative power provided by a charter or statute. shall have the authority to impose any exempt charge.

The governing body shall impose an exempt charge by an ordinance specifying the type of exempt charge 6 339
as provided in Section l(i) and the amount or rate of the exempt charge to be imposed. and passed by the governing body. This subdivision shall not apply to charges specified in paragraph (7) of subdivision (i) of Section 1.
ff) No amendment to a Charter which provides for the imposition, extension, or increase of a tax or exempt charge shall be submitted to or approved by the electors. nor shall any such amendment to a Charter hereafter submitted to or approved by the electors become effective for any purpose. (q) Any tax or exempt charge adopted after January 1, 2022, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted in compliance with the requirements of this section.
{h)(1) The focal government bears the burden of proving by clear and convincing evidence that a levy, charge or exaction is an exempt charge and not a tax. The local government bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. (2} The retention of revenue by, or the payment to, a non-governmental entity of a levy. charge, or exaction of any kind imposed by a local law, shall not be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy. charge. or exaction of any kind imposed by a local law as being paid in exchange for a benefit. privilege, allowance, authorization, or asset, shall not be factors in determining whether the levy, charge, or exaction is a tax or an exempt charge. (4) The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.

Section 7. Section 3 of Article XIII D of the California Constitution is amended, to read:

Sec. 3. Property Taxes, Assessments, Fees and Charges Limited (a) No tax, assessment, fee, 6f charge, or surcharge, including a surcharge based on the value ofpropertv, shall be assessed 13y a Ry ageRC'f upon any parcel of property or upon any person as an incident of property ownership except:
(1) The ad valorem property tax impeseEI p1::1rsYaRt te described in Section 1(a) of Article XIII and Section 1/a) of Article XIII A, and described and enacted pursuant to the voter approval requirement in Section 1/b) Q[Article XII I A.
(2) Any special non-ad valorem tax receiving a two-thirds vote of qualified electors pursuant to Section 4 of Article XIII A, or after receiving a two-thirds vote of those authorized to vote in a community facilities district by the Legislature pursuant to statute as it existed on December 31, 2021. (3) Assessments as provided by this article.
(4) Fees or charges for property related services as provided by this article. 7 340
(b) For purposes of this article, fees for the provision of electrical or gas service shall not be deemed charges or fees imposed as an incident of property ownership.

Section 8. Sections 1 and 14 of Article XIII are amended to read:

Sec. 1 Unless otherwise provided by this Constitution or the laws of the United States:
(a) All property is taxable and shall be assessed at the same percentage of fair market value. When a value standard other than fair market value is prescribed by this Constitution or by statute authorized by this Constitution, the same percentage shall be applied to determine the assessed value. The value to which the percentage is applied, whether it be the fair market value or not, shall be known for property tax purposes as the full value.
(b) All property so assessed shall be taxed in proportion to its full value. (c) All proceeds from the taxation of property shall be apportioned according to law to the districts within the counties.

Sec. 14. All property taxed by state or local government shall be assessed in the county, city, and district in which it is situated. Notwithstanding any other provision of/aw, such state or local property taxes shall be apportioned according to law to the districts within the counties.

Section 9. General Provisions
A. This Act shall be liberally construed in order to effectuate its purposes.

B. (1) In the event that this initiative measure and another initiative measure or measures relating to state or local requirements for the imposition, adoption, creation, or establishment of taxes, charges, and other revenue measures shall appear on the same statewide election ballot, the other initiative measure or measures shall be deemed to be in conflict with this measure. In the event that this initiative measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions ofthe other initiative measure or measures shall be null and void. (2) In furtherance of this provision, the voters hereby declare that this measure conflicts with the provisions of the "Housing Affordability and Tax Cut Act of 2022" and "The Tax Cut and Housing Affordability Act," both of which would impose a new state property tax (called a "surcharge") on certain real property, and where the revenue derived from the tax is provided to the State, rather than retained in the county in which the property is situated and for the use of the county and cities and districts within the county, in direct violation of the provisions of this initiative. (3) If this initiative measure is approved by the voters, but superseded in whole or in part by any other conflicting initiative measure approved by the voters at the same election, and such conflicting initiative is later held invalid, this measure shall be self-executing and given full force and effect.

C. The provisions of this Act are severable. If any portion, section, subdivision, paragraph, clause, sentence, phrase, word, or application of this Act is for any reason held to be invalid by a decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Act. The People of the State of California hereby declare that they would have adopted this Act and each and every portion, section, subdivision, paragraph, clause, sentence, phrase, word, and application not 8 341
declared invalid or unconstitutional without regard to whether any portion of this Act or application thereof would be subsequently declared invalid.

D. If this Act is approved by the voters of the State of California and thereafter subjected to a legal challenge alleging a violation of state or federal law, and both the Governor and Attorney General refuse to defend this Act, then the following actions shall be taken:
(1) Notwithstanding anything to the contrary contained in Chapter 6 of Part 2 of Division 3 ofTitle 2 of the Government Code or any other law, the Attorney General shall appoint independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (2) Before appointing or thereafter substituting independent counsel, the Attorney General shall exercise due diligence in determining the qualifications of independent counsel and shall obtain written affirmation from independent counsel that independent counsel will faithfully and vigorously defend this Act. The written affirmation shall be made publicly available upon request. (3) A continuous appropriation is hereby made from the General Fund to the Controller, without regard to fiscal years, in an amount necessary to cover the costs of retaining independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (4) Nothing in this section shall prohibit the proponents of this Act, or a bona fide taxpayers association, from intervening to defend this Act.
9 342
SENATE BILL No. 586
Introduced by Senator Eggman
February 15, 2023
An act to amend Sections 65865.5, 65962, 65962.1, and 66474.5 of, and to repeal Section 65962.2 of, the Government Code, relating to flood management.
legislative counsel’s digest
SB 586, as introduced, Eggman. Flood management: deadlines.

Existing law provides that unless a city or county within the Sacramento-San Joaquin Valley makes certain findings after the effective date of specified amendments to its general plan and zoning ordinance, the Planning and Zoning Law prohibits a city or county from entering into a development agreement for property located in a flood hazard zone; approving a discretionary permit, ministerial permit, or other discretionary entitlement for a project that is located within a flood hazard zone, as specified; or approving a tentative map, or a parcel map for which a tentative map was not required, for a subdivision that is located within a flood hazard zone. Those findings include, among others, that the local flood management agency has made adequate progress on the construction of a flood protection system that will result in flood protection equal to or greater than the urban level of flood protection in urban or urbanizing areas. Existing law further requires urban and urbanizing areas protected by any levee that is part of the facilities of the State Plan of Flood Control to achieve the urban level of flood protection by 2025, with specified exceptions to the deadline for the Mossdale Tract and West Sacramento.

This bill would remove the specified exceptions to the deadline for the Mossdale Tract and West Sacramento, and instead provide that the deadline to achieve an urban level of protection does not apply, so long

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as a flood management agency has an active federal project in the planning, design, construction, or project closeout phase, a completed federal feasibility study awaiting congressional authorization, or an authorized federal project awaiting the receipt of federal appropriations to advance design, construction, or project closeout activities. By changing the deadline for the Mossdale Tract and West Sacramento to achieve the urban level of flood protection, this bill would impose a state-mandated local program.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Sacramento-San Joaquin Valley.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: yes.

The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65865.5 of the Government Code is line 2 amended to read:
line 3 65865.5. (a)  Notwithstanding any other law, after the line 4 amendments required by Sections 65302.9 and 65860.1 have line 5 become effective, the legislative body of a city or county within line 6 the Sacramento-San Joaquin Valley shall not enter into a line 7 development agreement for property that is located within a flood line 8 hazard zone unless the city or county finds, based on substantial line 9 evidence in the record, one of the following:
line 10 (1)  The facilities of the State Plan of Flood Control or other line 11 flood management facilities protect the property to the urban level line 12 of flood protection in urban and urbanizing areas or the national line 13 Federal Emergency Management Agency standard of flood line 14 protection in nonurbanized areas.
line 15 (2)  The city or county has imposed conditions on the line 16 development agreement that will protect the property to the urban line 17 level of flood protection in urban and urbanizing areas or the 99 SB 586 — 2 —
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line 1 national Federal Emergency Management Agency standard of line 2 flood protection in nonurbanized areas.
line 3 (3)  The local flood management agency has made adequate line 4 progress on the construction of a flood protection system that will line 5 result in flood protection equal to or greater than the urban level line 6 of flood protection in urban or urbanizing areas or the national line 7 Federal Emergency Management Agency standard of flood line 8 protection in nonurbanized areas for property located within a line 9 flood hazard zone, intended to be protected by the system. Except line 10 as provided in Sections 65962.1 and 65962.2, Section 65962.1, line 11 for urban and urbanizing areas protected by project levees, the line 12 urban level of flood protection shall be achieved by 2025. line 13 (4)  The property in an undetermined risk area has met the urban line 14 level of flood protection based on substantial evidence in the line 15 record.
line 16 (b)  The effective date of amendments referred to in this section line 17 shall be the date upon which the statutes of limitation specified in line 18 subdivision (c) of Section 65009 have run or, if the amendments line 19 and any associated environmental documents are challenged in line 20 court, the validity of the amendments and any associated line 21 environmental documents has been upheld in a final decision. line 22 (c)  This section does not change or diminish existing line 23 requirements of local flood plain management laws, ordinances, line 24 resolutions, or regulations necessary to local agency participation line 25 in the national flood insurance program.
line 26 SEC. 2. Section 65962 of the Government Code is amended line 27 to read:
line 28 65962. (a)  Notwithstanding any other law, after the line 29 amendments required by Sections 65302.9 and 65860.1 have line 30 become effective, each city and county within the Sacramento-San line 31 Joaquin Valley shall not approve a discretionary permit or other line 32 discretionary entitlement that would result in the construction of line 33 a new building or construction that would result in an increase in line 34 allowed occupancy for an existing building, or a ministerial permit line 35 that would result in the construction of a new residence, for a line 36 project that is located within a flood hazard zone unless the city line 37 or county finds, based on substantial evidence in the record, one line 38 of the following:
line 39 (1)  The facilities of the State Plan of Flood Control or other line 40 flood management facilities protect the project to the urban level 99 — 3 — SB 586
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line 1 of flood protection in urban and urbanizing areas or the national line 2 Federal Emergency Management Agency standard of flood line 3 protection in nonurbanized areas.
line 4 (2)  The city or county has imposed conditions on the permit or line 5 discretionary entitlement that will protect the project to the urban line 6 level of flood protection in urban and urbanizing areas or the line 7 national Federal Emergency Management Agency standard of line 8 flood protection in nonurbanized areas.
line 9 (3)  The local flood management agency has made adequate line 10 progress on the construction of a flood protection system which line 11 will result in flood protection equal to or greater than the urban line 12 level of flood protection in urban or urbanizing areas or the national line 13 Federal Emergency Management Agency standard of flood line 14 protection in nonurbanized areas for property located within a line 15 flood hazard zone, intended to be protected by the system. Except line 16 as provided in Sections 65962.1 and 65962.2, Section 65962.1, line 17 for urban and urbanizing areas protected by project levees, the line 18 urban level of flood protection shall be achieved by 2025. line 19 (4)  The property in an undetermined risk area has met the urban line 20 level of flood protection based on substantial evidence in the line 21 record.
line 22 (b)  The effective date of amendments referred to in this section line 23 shall be the date upon which the statutes of limitation specified in line 24 subdivision (c) of Section 65009 have run or, if the amendments line 25 and any associated environmental documents are challenged in line 26 court, the validity of the amendments and any associated line 27 environmental documents has been upheld in a final decision. line 28 (c)  This section does not change or diminish existing line 29 requirements of local flood plain management laws, ordinances, line 30 resolutions, or regulations necessary to local agency participation line 31 in the national flood insurance program.
line 32 SEC. 3. Section 65962.1 of the Government Code is amended line 33 to read:
line 34 65962.1. (a)  For purposes of Sections 65865.5, 65962, and line 35 66474.5, the Mossdale Tract shall achieve the urban level of flood line 36 protection by 2028.
line 37 (b)  For purposes of this section, “Mossdale Tract” means an line 38 area of land identified as Reclamation District No. 17 on page 144 line 39 of Bulletin No. 37 (1930) of the Department of Water Resources, line 40 along with such contiguous urban and urbanizing areas to the east 99 SB 586 — 4 —
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line 1 of the tract as would be subject to flooding from the San Joaquin line 2 River at an urban level of flood protection.
line 3 (c)  Notwithstanding Section 8307 of the Water Code, the San line 4 Joaquin Area Flood Control Agency may be required to contribute line 5 its fair and reasonable share of any property damage caused by a line 6 flood to the extent that the state’s exposure to liability for property line 7 damage has been increased by cities or counties unreasonably line 8 approving, as defined in Section 8307 of the Water Code, any new line 9 development in the Mossdale Tract between the years 2025 and line 10 2028.
line 11 the deadline to achieve an urban level of protection shall not line 12 apply, so long as the flood management agency has one of the line 13 following:
line 14 (a)  An active federal project in the planning, design, line 15 construction, or project closeout phase.
line 16 (b)  A completed federal feasibility study awaiting congressional line 17 authorization.
line 18 (c)  An authorized federal project awaiting the receipt of federal line 19 appropriations to advance design, construction, or project closeout line 20 activities.
line 21 SEC. 4. Section 65962.2 of the Government Code is repealed. line 22 65962.2. (a)  For purposes of Sections 65865.5, 65962, and line 23 66474.5, the City of West Sacramento shall achieve the urban level line 24 of flood protection by 2030.
line 25 (b)  For purposes of this section, “City of West Sacramento” line 26 means the incorporated area in the County of Yolo as identified line 27 in Resolution No. 86-112 of the County of Yolo Board of line 28 Supervisors at Yolo County Official Records Book 1801, pages line 29 384 to 403, inclusive, and Book 1801, pages 368 to 382, inclusive. line 30 (c)  Notwithstanding Section 8307 of the Water Code, the West line 31 Sacramento Area Flood Control Agency may be required to line 32 contribute its fair and reasonable share of any property damage line 33 caused by a flood to the extent that the state’s exposure to liability line 34 for property damage has been increased by cities or counties line 35 unreasonably approving, as defined in Section 8307 of the Water line 36 Code, any new development in the City of West Sacramento line 37 between January 1, 2025, and December 31, 2030. line 38 SEC. 5. Section 66474.5 of the Government Code is amended line 39 to read:
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line 1 66474.5. (a)  Notwithstanding any other law, after the line 2 amendments required by Sections 65302.9 and 65860.1 have line 3 become effective, the legislative body of each city and county line 4 within the Sacramento-San Joaquin Valley shall deny approval of line 5 a tentative map, or a parcel map for which a tentative map was not line 6 required, for a subdivision that is located within a flood hazard line 7 zone unless the city or county finds, based on substantial evidence line 8 in the record, one of the following:
line 9 (1)  The facilities of the State Plan of Flood Control or other line 10 flood management facilities protect the subdivision to the urban line 11 level of flood protection in urban and urbanizing areas or the line 12 national Federal Emergency Management Agency standard of line 13 flood protection in nonurbanized areas.
line 14 (2)  The city or county has imposed conditions on the subdivision line 15 that will protect the project to the urban level of flood protection line 16 in urban and urbanizing areas or the national Federal Emergency line 17 Management Agency standard of flood protection in nonurbanized line 18 areas.
line 19 (3)  The local flood management agency has made adequate line 20 progress on the construction of a flood protection system which line 21 will result in flood protection equal to or greater than the urban line 22 level of flood protection in urban or urbanizing areas or the national line 23 Federal Emergency Management Agency standard of flood line 24 protection in nonurbanized areas for property located within a line 25 flood hazard zone, intended to be protected by the system. Except line 26 as provided in Sections 65962.1 and 65962.2, Section 65962.1, line 27 for urban and urbanizing areas protected by project levees, the line 28 urban level of flood protection shall be achieved by 2025. line 29 (4)  The property in an undetermined risk area has met the urban line 30 level of flood protection based on substantial evidence in the line 31 record.
line 32 (b)  The effective date of amendments referred to in this section line 33 shall be the date upon which the statutes of limitation specified in line 34 subdivision (c) of Section 65009 have run or, if the amendments line 35 and any associated environmental documents are challenged in line 36 court, the validity of the amendments and any associated line 37 environmental documents has been upheld in a final decision. line 38 (c)  This section does not change or diminish existing line 39 requirements of local flood plain management laws, ordinances, 99 SB 586 — 6 —
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line 1 resolutions, or regulations necessary to local agency participation line 2 in the national flood insurance program.
line 3 SEC. 6. The Legislature finds and declares that a special statute line 4 is necessary and that a general statute cannot be made applicable line 5 within the meaning of Section 16 of Article IV of the California line 6 Constitution because of the because of the unique land use planning line 7 considerations relative to flood hazard zones in the Sacramento-San line 8 Joaquin Valley.
line 9 SEC. 7. If the Commission on State Mandates determines that line 10 this act contains costs mandated by the state, reimbursement to line 11 local agencies and school districts for those costs shall be made line 12 pursuant to Part 7 (commencing with Section 17500) of Division line 13 4 of Title 2 of the Government Code.

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CITY COUNCIL AGENDA REPORT
MEETING DATE: March 15, 2023 ITEM # 11
CONSIDERATION OF RESOLUTION 23-25 OF THE CITY COUNCIL OF THE CITY

OF WEST SACRAMENTO ESTABLISHING A BUDGET APPROPRIATION OF UP TO $3,350,001, INCLUDING $1,550,000 FROM THE MEASURE E FUND AND $1,800,001 FROM ONE-TIME GENERAL FUNDS FOR REAL PROPERTY

ACQUISITION AND RELATED COSTS TO PROVIDE INTERIM HOUSING FOR INDIVIDUALS EXPERIENCING OR AT-RISK OF EXPERIENCING HOMELESSNESS;

AND DELEGATING AUTHORITY TO THE CITY MANAGER TO PREPARE AND

EXECUTE A PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF THE FLAMINGO MOTEL AT 920 WEST CAPITOL AVENUE
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Raul Huerta, Housing Manager
Economic Development & Housing
Department
Aaron Laurel, City Manager
City Manager’s Office
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The purpose of this report is to provide sufficient information for the Council to make certain CEQA findings, to adopt Resolution 23-25 establishing a budget appropriation for real property acquisition and related costs to provide interim housing for individuals experiencing or at-risk of experiencing homelessness, and to delegate authority to the City Manager to prepare and execute a Purchase and Sale Agreement for the acquisition of the Flamingo Motel at 920 West Capitol Avenue.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Find that the acquisition of the Flamingo Motel is exempt from further environmental review pursuant to a Class 1 Categorical Exemption (Existing Facilities) Categorical Exemption (California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15301) and a Class 32 Categorical Exemption (California Code of Regulation, Title 14, Divison 6, Chapter 3, Section 15332) under the California Environmental Quality Act (CEQA) and find that the Exemption reflects the independent judgment of the City as lead agency under CEQA; and
2) Adopt Resolution 23-25 establishing a budget appropriation of up to $3,350,001, including $1,550,000 from the Measure E fund and $1,800,001 from one-time General Funds for real property acquisition, minor repairs, and related costs to provide interim housing for individuals experiencing or at-risk of experiencing homelessness; and
3) Delegate authority to the City Manager to prepare and execute a Purchase and Sale Agreement, based on the terms summarized in this report and subject to the City Attorney’s approval, to purchase the Flamingo Motel for $3,100,001.

BACKGROUND
During the first year of the COVID-19 pandemic in 2020, the City began partnering with Yolo County to house upwards of 100 homeless individuals in motels. This program started with financial support from the State of California through Project RoomKey and then the Homekey Program and has been supplemented and extended multiple times with a variety of funding from the County and City. Currently, there are about 65 total rooms being utilized for interim supportive housing, including 40 rooms at the former Rodeway Inn, which the City purchased under the Homekey Program in late-2020, and 25 rooms at the Economy Inn, which has been under continuous lease by Yolo County as part of Project RoomKey. In late-2021, many of the original program occupants at the Rodeway Inn transitioned to a new 85-unit permanent supportive housing development on West Capitol Avenue.

This interim-to-permanent approach to providing supportive housing for homeless or at-risk individuals has proven to be a very effective component to the City’s overall effort to manage the incidence and impacts of homelessness.

Simultaneous to the City purchasing the Rodeway Inn in late-2020, the City also explored acquiring the Flamingo Motel, a 21-room property situated on 0.82 acres at 920 West Capitol Avenue. Staff initially came to terms with the owner; however, that transaction ultimately did not move forward because of certain funding restrictions of the Homekey Program. In 2022, the City requested and received $2.6 million from Yolo County’s American 350 Flamingo Motel Acquisition
March 15, 2023