Agenda packet — West Sacramento City Council, April 19, 2023 (part 2 of 2)

NB SB EB WB
0 0 1,096 1,362
AM Period NB SB EB WB NB SB EB WB
00:00 3 4 7 26 30 56
00:15 2 0 2 25 13 38
00:30 5 3 8 26 28 54
00:45 4 14 0 7 4 21 20 97 29 100 49 197
01:00 2 6 8 13 22 35
01:15 4 1 5 25 26 51
01:30 7 5 12 19 13 32
01:45 2 15 5 17 7 32 16 73 21 82 37 155
02:00 1 2 3 16 11 27
02:15 2 1 3 12 14 26
02:30 5 4 9 25 27 52
02:45 4 12 5 12 9 24 23 76 10 62 33 138
03:00 4 4 8 27 12 39
03:15 1 3 4 20 14 34
03:30 6 2 8 16 18 34
03:45 4 15 3 12 7 27 15 78 14 58 29 136
04:00 11 3 14 23 10 33
04:15 0 7 7 12 16 28
04:30 4 11 15 30 11 41
04:45 6 21 11 32 17 53 21 86 14 51 35 137
05:00 8 8 16 21 15 36
05:15 11 15 26 15 14 29
05:30 9 21 30 14 8 22
05:45 11 39 20 64 31 103 13 63 10 47 23 110
06:00 10 24 34 10 9 19
06:15 20 23 43 12 5 17
06:30 9 32 41 8 8 16
06:45 14 53 41 120 55 173 11 41 8 30 19 71
07:00 9 34 43 2 5 7
07:15 4 34 38 5 8 13
07:30 11 37 48 7 11 18
07:45 17 41 40 145 57 186 2 16 7 31 9 47
08:00 12 37 49 4 3 7
08:15 14 27 41 4 10 14
08:30 22 33 55 7 7 14
08:45 12 60 30 127 42 187 5 20 11 31 16 51
09:00 11 33 44 15 3 18
09:15 25 25 50 10 2 12
09:30 17 16 33 8 3 11
09:45 23 76 33 107 56 183 0 33 2 10 2 43
10:00 17 40 57 2 4 6
10:15 13 25 38 4 3 7
10:30 20 33 53 4 1 5
10:45 20 70 16 114 36 184 2 12 0 8 2 20
11:00 24 17 41 0 2 2
11:15 18 20 38 2 2 4
11:30 19 23 42 0 6 6
11:45 20 81 25 85 45 166 2 4 0 10 2 14
TOTALS 497 842 1339 599 520 1119
SPLIT % 37.1% 62.9% 54.5% 53.5% 46.5% 45.5%

NB SB EB WB
0 0 1,096 1,362
AM Peak Hour 11:45 07:15 09:45 12:00 12:30 12:00
AM Pk Volume 97 148 204 97 105 197
Pk Hr Factor 0.933 0.925 0.895 0.933 0.905 0.879
7 - 9 Volume 0 0 101 272 373 0 0 149 98 247
7 - 9 Peak Hour 07:45 07:15 07:45 16:30 16:15 16:30
7 - 9 Pk
Volume 0 0 65 148 202 0 0 87 56 141
Pk Hr Factor 0.000 0.000 0.739 0.925 0.886 0.000 0.000 0.725 0.875 0.860 VOLUME
Prepared by NDS/ATD
13:15
13:30
13:45
12:00
12:15
12:30
12:45
13:00
16:15
16:30
14:00
14:15
14:30
4/5/2022
14:45
15:00

DAILY TOTALS
PM Period
16:45
17:00
17:15
Tuesday
17:30
17:45
15:15
15:30
15:45
16:00
18:00
18:15
18:30
18:45
19:00
19:15
Seaport Blvd Bet. Seaport Blvd West End & Parkway Blvd
21:30
21:45
22:00
Total
2,458
19:30
19:45
20:00
20:15

DAILY TOTALS
22:15
22:30
22:45
23:00
23:15
23:30
TOTAL
23:45
TOTALS
Total
2,458

DAILY TOTALS
21:00
21:15
20:30
4 - 6 Peak Hour
4 - 6 Pk
SPLIT %
TOTAL
Pk Hr Factor
PM Peak Hour
PM Pk Volume
Pk Hr Factor
4 - 6 Volume
20:45
DocuSign Envelope ID: DFB6F219-3215-4E9B-B199-8AD633E3B1BC 273
Day: City: West Sacramento
Date: Project #: CA22_070043_053

NB SB EB WB
2,119 1,467 0 0
AM Period NB SB EB WB NB SB EB WB
0:00 20 5 25 38 34 72
0:15 33 7 40 32 21 53
0:30 25 8 33 22 13 35
0:45 14 92 3 23 17 115 25 117 23 91 48 208
1:00 16 6 22 18 24 42
1:15 13 2 15 28 14 42
1:30 23 3 26 20 28 48
1:45 23 75 11 22 34 97 23 89 20 86 43 175
2:00 18 6 24 17 12 29
2:15 27 8 35 18 20 38
2:30 10 0 10 17 40 57
2:45 11 66 1 15 12 81 30 82 21 93 51 175
3:00 4 0 4 18 32 50
3:15 9 5 14 31 27 58
3:30 8 2 10 30 49 79
3:45 12 33 2 9 14 42 16 95 28 136 44 231
4:00 5 8 13 39 31 70
4:15 4 12 16 29 22 51
4:30 11 19 30 30 35 65
4:45 11 31 6 45 17 76 24 122 27 115 51 237
5:00 14 9 23 52 38 90
5:15 20 1 21 28 26 54
5:30 14 5 19 46 27 73
5:45 33 81 5 20 38 101 36 162 14 105 50 267
6:00 23 13 36 22 10 32
6:15 18 7 25 30 10 40
6:30 24 10 34 30 14 44
6:45 29 94 3 33 32 127 42 124 13 47 55 171
7:00 40 21 61 24 8 32
7:15 29 6 35 26 14 40
7:30 20 13 33 22 14 36
7:45 28 117 17 57 45 174 29 101 7 43 36 144
8:00 38 15 53 19 7 26
8:15 45 15 60 15 10 25
8:30 29 11 40 14 3 17
8:45 30 142 55 96 85 238 17 65 7 27 24 92
9:00 31 91 122 13 6 19
9:15 15 45 60 16 8 24
9:30 14 20 34 12 6 18
9:45 11 71 12 168 23 239 8 49 7 27 15 76
10:00 37 22 59 5 10 15
10:15 25 24 49 13 8 21
10:30 15 16 31 21 4 25
10:45 20 97 21 83 41 180 17 56 13 35 30 91
11:00 31 21 52 12 2 14
11:15 25 19 44 11 1 12
11:30 25 20 45 19 6 25
11:45 21 102 18 78 39 180 14 56 4 13 18 69
TOTALS 1001 649 1650 1118 818 1936
SPLIT % 60.7% 39.3% 46.0% 57.7% 42.3% 54.0%

NB SB EB WB
2,119 1,467 0 0
AM Peak Hour 8:00 8:45 8:15 17:00 15:00 16:45
AM Pk Volume 142 211 307 162 136 268
Pk Hr Factor 0.789 0.580 0.629 0.779 0.694 0.744
7 - 9 Volume 259 153 0 0 412 284 220 0 0 504
7 - 9 Peak Hour 8:00 8:00 8:00 17:00 16:30 16:45
7 - 9 Pk Volume 142 96 0 0 238 162 126 0 0 268
Pk Hr Factor 0.789 0.436 0.000 0.000 0.700 0.779 0.829 0.000 0.000 0.744 4 - 6 Peak Hour
4 - 6 Pk
Volume
SPLIT %
TOTAL
Pk Hr Factor
PM Peak Hour
PM Pk Volume
Pk Hr Factor
4 - 6 Volume
20:45
TOTAL
23:45
TOTALS
Total
3,586

DAILY TOTALS
21:00
21:15
20:30

DAILY TOTALS
22:15
22:30
22:45
23:00
23:15
23:30
Shore St Bet. Front St & Del Monte St
21:30
21:45
22:00
Total
3,586
19:30
19:45
20:00
20:15
18:00
18:15
18:30
18:45
19:00
19:15
16:45
17:00
17:15
Thursday
17:30
17:45
15:15
15:30
15:45
16:00
16:15
16:30
14:00
14:15
14:30
4/7/2022
14:45
15:00

DAILY TOTALS
PM Period
VOLUME
Prepared by NDS/ATD
13:15
13:30
13:45
12:00
12:15
12:30
12:45
13:00
DocuSign Envelope ID: DFB6F219-3215-4E9B-B199-8AD633E3B1BC 274
Day: City: West Sacramento
Date: Project #: CA22_070043_058

NB SB EB WB
0 0 2,222 2,346
AM Period NB SB EB WB NB SB EB WB
00:00 2 0 2 26 50 76
00:15 0 1 1 33 30 63
00:30 2 1 3 33 32 65
00:45 0 4 0 2 0 6 41 133 16 128 57 261
01:00 0 1 1 26 55 81
01:15 1 4 5 29 34 63
01:30 0 1 1 34 21 55
01:45 1 2 0 6 1 8 36 125 32 142 68 267
02:00 1 0 1 42 35 77
02:15 1 1 2 54 42 96
02:30 0 2 2 48 84 132
02:45 0 2 0 3 0 5 50 194 35 196 85 390
03:00 0 1 1 40 58 98
03:15 1 1 2 28 45 73
03:30 0 2 2 32 52 84
03:45 2 3 2 6 4 9 50 150 59 214 109 364
04:00 3 0 3 46 53 99
04:15 1 0 1 36 69 105
04:30 2 4 6 50 57 107
04:45 6 12 0 4 6 16 42 174 69 248 111 422
05:00 1 2 3 40 71 111
05:15 4 1 5 31 76 107
05:30 12 4 16 27 51 78
05:45 10 27 2 9 12 36 36 134 51 249 87 383
06:00 6 4 10 29 38 67
06:15 14 7 21 21 47 68
06:30 19 12 31 25 39 64
06:45 24 63 12 35 36 98 25 100 31 155 56 255
07:00 33 13 46 36 37 73
07:15 65 23 88 22 30 52
07:30 104 61 165 23 32 55
07:45 130 332 78 175 208 507 13 94 20 119 33 213
08:00 68 81 149 16 20 36
08:15 46 54 100 17 23 40
08:30 44 27 71 13 17 30
08:45 33 191 18 180 51 371 12 58 17 77 29 135
09:00 40 12 52 14 18 32
09:15 27 22 49 8 15 23
09:30 22 17 39 5 11 16
09:45 23 112 27 78 50 190 9 36 12 56 21 92
10:00 16 15 31 7 9 16
10:15 23 23 46 7 8 15
10:30 30 17 47 5 6 11
10:45 41 110 24 79 65 189 6 25 5 28 11 53
11:00 37 42 79 6 7 13
11:15 24 18 42 3 6 9
11:30 34 40 74 2 2 4
11:45 34 129 42 142 76 271 1 12 0 15 1 27
TOTALS 987 719 1706 1235 1627 2862
SPLIT % 57.9% 42.1% 37.3% 43.2% 56.8% 62.7%

NB SB EB WB
0 0 2,222 2,346
AM Peak Hour 07:15 07:30 07:30 14:00 16:30 16:30
AM Pk Volume 367 274 622 194 273 436
Pk Hr Factor 0.706 0.846 0.748 0.898 0.898 0.982
7 - 9 Volume 0 0 523 355 878 0 0 308 497 805
7 - 9 Peak Hour 07:15 07:30 07:30 16:00 16:30 16:30
7 - 9 Pk Volume 0 0 367 274 622 0 0 174 273 436
Pk Hr Factor 0.000 0.000 0.706 0.846 0.748 0.000 0.000 0.870 0.898 0.982 VOLUME
Prepared by NDS/ATD
13:15
13:30
13:45
12:00
12:15
12:30
12:45
13:00
16:15
16:30
14:00
14:15
14:30
4/6/2022
14:45
15:00

DAILY TOTALS
PM Period
16:45
17:00
17:15
Wednesday
17:30
17:45
15:15
15:30
15:45
16:00
18:00
18:15
18:30
18:45
19:00
19:15
Stonegate Dr Bet. Lake Washington Blvd & Village Pkwy
21:30
21:45
22:00
Total
4,568
19:30
19:45
20:00
20:15

DAILY TOTALS
22:15
22:30
22:45
23:00
23:15
23:30
TOTAL
23:45
TOTALS
Total
4,568

DAILY TOTALS
21:00
21:15
20:30
4 - 6 Peak Hour
4 - 6 Pk
Volume
SPLIT %
TOTAL
Pk Hr Factor
PM Peak Hour
PM Pk Volume
Pk Hr Factor
4 - 6 Volume
20:45
DocuSign Envelope ID: DFB6F219-3215-4E9B-B199-8AD633E3B1BC 275
Day: City: West Sacramento
Date: Project #: 22_070043_059

NB SB EB WB
345 300 0 0
AM Period NB SB EB WB NB SB EB WB
00:00 3 2 5 14 2 16
00:15 1 0 1 2 11 13
00:30 0 1 1 3 3 6
00:45 4 8 0 3 4 11 3 22 3 19 6 41
01:00 0 1 1 3 6 9
01:15 0 0 0 4 3 7
01:30 0 1 1 5 2 7
01:45 1 1 0 2 1 3 8 20 4 15 12 35
02:00 3 0 3 1 2 3
02:15 1 1 2 6 1 7
02:30 0 1 1 5 8 13
02:45 2 6 1 3 3 9 1 13 4 15 5 28
03:00 1 2 3 7 4 11
03:15 1 8 9 7 8 15
03:30 3 1 4 5 6 11
03:45 1 6 2 13 3 19 4 23 7 25 11 48
04:00 0 3 3 11 2 13
04:15 0 0 0 6 5 11
04:30 1 1 2 4 2 6
04:45 2 3 1 5 3 8 7 28 5 14 12 42
05:00 5 5 10 7 5 12
05:15 2 5 7 8 5 13
05:30 0 2 2 4 3 7
05:45 1 8 5 17 6 25 8 27 4 17 12 44
06:00 2 0 2 2 0 2
06:15 4 2 6 1 6 7
06:30 6 7 13 8 4 12
06:45 9 21 3 12 12 33 8 19 2 12 10 31
07:00 5 4 9 2 1 3
07:15 5 2 7 1 5 6
07:30 7 12 19 2 3 5
07:45 6 23 2 20 8 43 6 11 0 9 6 20
08:00 0 3 3 0 3 3
08:15 4 8 12 2 2 4
08:30 4 3 7 4 2 6
08:45 4 12 2 16 6 28 2 8 3 10 5 18
09:00 1 5 6 1 6 7
09:15 10 2 12 2 1 3
09:30 5 3 8 3 0 3
09:45 3 19 8 18 11 37 2 8 0 7 2 15
10:00 1 5 6 4 2 6
10:15 6 4 10 0 2 2
10:30 9 3 12 1 1 2
10:45 3 19 12 24 15 43 2 7 1 6 3 13
11:00 3 1 4 0 0 0
11:15 6 4 10 5 1 6
11:30 2 4 6 6 2 8
11:45 10 21 4 13 14 34 1 12 2 5 3 17
TOTALS 147 146 293 198 154 352
SPLIT % 50.2% 49.8% 45.4% 56.3% 43.8% 54.6%

NB SB EB WB
345 300 0 0
AM Peak Hour 11:15 07:30 11:30 16:00 15:00 15:15
AM Pk Volume 32 25 49 28 25 50
Pk Hr Factor 0.571 0.521 0.766 0.636 0.781 0.833
7 - 9 Volume 35 36 0 0 71 55 31 0 0 86
7 - 9 Peak Hour 07:00 07:30 07:00 16:00 16:45 16:45
7 - 9 Pk Volume 23 25 0 0 43 28 18 0 0 44
Pk Hr Factor 0.821 0.521 0.000 0.000 0.566 0.636 0.900 0.000 0.000 0.846 4 - 6 Peak Hour
4 - 6 Pk
Volume
SPLIT %
TOTAL
Pk Hr Factor
PM Peak Hour
PM Pk Volume
Pk Hr Factor
4 - 6 Volume
20:45
TOTAL
23:45
TOTALS
Total
645

DAILY TOTALS
21:00
21:15
20:30

DAILY TOTALS
22:15
22:30
22:45
23:00
23:15
23:30
Sutter St Bet. W Capitol Ave & Sutter St North End
21:30
21:45
22:00
Total
645
19:30
19:45
20:00
20:15
18:00
18:15
18:30
18:45
19:00
19:15
16:45
17:00
17:15
Wednesday
17:30
17:45
15:15
15:30
15:45
16:00
16:15
16:30
14:00
14:15
14:30
3/2/2022
14:45
15:00

DAILY TOTALS
PM Period
VOLUME
Prepared by National Data & Surveying Services
13:15
13:30
13:45
12:00
12:15
12:30
12:45
13:00
DocuSign Envelope ID: DFB6F219-3215-4E9B-B199-8AD633E3B1BC 276
Day: City: West Sacramento
Date: Project #: CA22_070043_060

NB SB EB WB
979 746 0 0
AM Period NB SB EB WB NB SB EB WB
00:00 1 2 3 15 13 28
00:15 3 1 4 15 9 24
00:30 3 2 5 16 14 30
00:45 1 8 2 7 3 15 17 63 14 50 31 113
01:00 2 1 3 16 11 27
01:15 1 0 1 21 14 35
01:30 3 2 5 17 13 30
01:45 5 11 1 4 6 15 10 64 9 47 19 111
02:00 3 5 8 13 11 24
02:15 3 1 4 12 9 21
02:30 2 1 3 19 22 41
02:45 4 12 1 8 5 20 18 62 20 62 38 124
03:00 1 2 3 20 8 28
03:15 0 2 2 17 19 36
03:30 2 2 4 18 16 34
03:45 1 4 0 6 1 10 16 71 14 57 30 128
04:00 1 1 2 23 17 40
04:15 1 2 3 21 16 37
04:30 3 0 3 26 26 52
04:45 0 5 4 7 4 12 21 91 15 74 36 165
05:00 0 2 2 20 17 37
05:15 1 1 2 20 12 32
05:30 5 2 7 24 21 45
05:45 8 14 2 7 10 21 11 75 13 63 24 138
06:00 5 6 11 13 10 23
06:15 5 1 6 19 7 26
06:30 6 4 10 14 10 24
06:45 6 22 4 15 10 37 13 59 7 34 20 93
07:00 4 6 10 17 9 26
07:15 8 9 17 10 14 24
07:30 6 9 15 10 13 23
07:45 9 27 14 38 23 65 9 46 7 43 16 89
08:00 9 12 21 11 5 16
08:15 10 11 21 9 12 21
08:30 15 8 23 14 3 17
08:45 16 50 5 36 21 86 10 44 9 29 19 73
09:00 15 6 21 11 9 20
09:15 15 7 22 5 6 11
09:30 11 11 22 4 6 10
09:45 10 51 3 27 13 78 10 30 4 25 14 55
10:00 7 11 18 13 4 17
10:15 9 5 14 10 4 14
10:30 21 14 35 5 3 8
10:45 14 51 17 47 31 98 11 39 7 18 18 57
11:00 13 9 22 6 3 9
11:15 17 13 30 6 3 9
11:30 19 5 24 7 1 8
11:45 10 59 6 33 16 92 2 21 2 9 4 30
TOTALS 314 235 549 665 511 1176
SPLIT % 57.2% 42.8% 31.8% 56.5% 43.5% 68.2%

NB SB EB WB
979 746 0 0
AM Peak Hour 10:30 10:30 10:30 16:00 16:00 16:00
AM Pk Volume 65 53 118 91 74 165
Pk Hr Factor 0.774 0.779 0.843 0.875 0.712 0.793
7 - 9 Volume 77 74 0 0 151 166 137 0 0 303
7 - 9 Peak Hour 08:00 07:30 07:45 16:00 16:00 16:00
7 - 9 Pk
Volume 50 46 0 0 88 91 74 0 0 165
Pk Hr Factor 0.781 0.821 0.000 0.000 0.957 0.875 0.712 0.000 0.000 0.793 4 - 6 Peak Hour
4 - 6 Pk
SPLIT %
TOTAL
Pk Hr Factor
PM Peak Hour
PM Pk Volume
Pk Hr Factor
4 - 6 Volume
20:45
TOTAL
23:45
TOTALS
Total
1,725

DAILY TOTALS
21:00
21:15
20:30

DAILY TOTALS
22:15
22:30
22:45
23:00
23:15
23:30
Sycamore Ave Bet. W Capitol Ave & Evergreen Ave
21:30
21:45
22:00
Total
1,725
19:30
19:45
20:00
20:15
18:00
18:15
18:30
18:45
19:00
19:15
16:45
17:00
17:15
Thursday
17:30
17:45
15:15
15:30
15:45
16:00
16:15
16:30
14:00
14:15
14:30
3/31/2022
14:45
15:00

DAILY TOTALS
PM Period
VOLUME
Prepared by National Data & Surveying Services
13:15
13:30
13:45
12:00
12:15
12:30
12:45
13:00
DocuSign Envelope ID: DFB6F219-3215-4E9B-B199-8AD633E3B1BC 277
Day: City: West Sacramento
Date: Project #: CA22_070043_061

NB SB EB WB
1,571 1,784 0 0
AM Period NB SB EB WB NB SB EB WB
0:00 4 3 7 39 40 79
0:15 3 6 9 31 43 74
0:30 5 6 11 27 38 65
0:45 10 22 6 21 16 43 50 147 37 158 87 305
1:00 7 4 11 26 28 54
1:15 5 7 12 38 30 68
1:30 9 8 17 39 26 65
1:45 4 25 5 24 9 49 35 138 23 107 58 245
2:00 1 0 1 28 20 48
2:15 3 3 6 31 27 58
2:30 3 4 7 29 35 64
2:45 9 16 5 12 14 28 33 121 40 122 73 243
3:00 4 7 11 60 15 75
3:15 10 11 21 21 22 43
3:30 7 5 12 17 16 33
3:45 1 22 10 33 11 55 22 120 19 72 41 192
4:00 6 4 10 18 20 38
4:15 8 9 17 15 18 33
4:30 11 5 16 23 29 52
4:45 2 27 3 21 5 48 20 76 28 95 48 171
5:00 4 5 9 30 27 57
5:15 7 10 17 21 39 60
5:30 6 6 12 26 14 40
5:45 6 23 17 38 23 61 11 88 20 100 31 188
6:00 15 25 40 14 6 20
6:15 10 22 32 26 16 42
6:30 5 18 23 14 14 28
6:45 5 35 38 103 43 138 21 75 11 47 32 122
7:00 4 31 35 15 5 20
7:15 13 28 41 11 14 25
7:30 24 42 66 6 11 17
7:45 36 77 37 138 73 215 10 42 11 41 21 83
8:00 31 23 54 13 15 28
8:15 25 22 47 5 10 15
8:30 35 18 53 12 8 20
8:45 24 115 25 88 49 203 5 35 5 38 10 73
9:00 22 46 68 6 2 8
9:15 23 33 56 9 6 15
9:30 25 21 46 3 5 8
9:45 20 90 44 144 64 234 10 28 12 25 22 53
10:00 23 47 70 6 4 10
10:15 13 34 47 5 6 11
10:30 35 21 56 8 8 16
10:45 32 103 35 137 67 240 3 22 8 26 11 48
11:00 26 26 52 7 12 19
11:15 38 18 56 7 10 17
11:30 20 44 64 10 9 19
11:45 7 91 58 146 65 237 9 33 17 48 26 81
TOTALS 646 905 1551 925 879 1804
SPLIT % 41.7% 58.3% 46.2% 51.3% 48.7% 53.8%

NB SB EB WB
1,571 1,784 0 0
AM Peak Hour 10:30 11:30 11:45 12:45 12:00 12:00
AM Pk Volume 131 185 283 153 158 305
Pk Hr Factor 0.862 0.797 0.896 0.765 0.919 0.876
7 - 9 Volume 192 226 0 0 418 164 195 0 0 359
7 - 9 Peak Hour 7:45 7:00 7:30 16:45 16:30 16:30
7 - 9 Pk Volume 127 138 0 0 240 97 123 0 0 217
Pk Hr Factor 0.882 0.821 0.000 0.000 0.822 0.808 0.788 0.000 0.000 0.904 4 - 6 Peak Hour
4 - 6 Pk
Volume
SPLIT %
TOTAL
Pk Hr Factor
PM Peak Hour
PM Pk Volume
Pk Hr Factor
4 - 6 Volume
20:45
TOTAL
23:45
TOTALS
Total
3,355

DAILY TOTALS
21:00
21:15
20:30

DAILY TOTALS
22:15
22:30
22:45
23:00
23:15
23:30
Terminal St Bet. Del Monte St & Industrial Blvd
21:30
21:45
22:00
Total
3,355
19:30
19:45
20:00
20:15
18:00
18:15
18:30
18:45
19:00
19:15
16:45
17:00
17:15
Thursday
17:30
17:45
15:15
15:30
15:45
16:00
16:15
16:30
14:00
14:15
14:30
4/7/2022
14:45
15:00

DAILY TOTALS
PM Period
VOLUME
Prepared by NDS/ATD
13:15
13:30
13:45
12:00
12:15
12:30
12:45
13:00
DocuSign Envelope ID: DFB6F219-3215-4E9B-B199-8AD633E3B1BC 278
Day: City: West Sacramento
Date: Project #: 22_070043_062

NB SB EB WB
1,555 1,942 0 0
AM Period NB SB EB WB NB SB EB WB
00:00 1 2 3 18 23 41
00:15 3 1 4 15 23 38
00:30 0 2 2 22 19 41
00:45 3 7 2 7 5 14 27 82 20 85 47 167
01:00 1 1 2 30 22 52
01:15 1 2 3 21 79 100
01:30 2 0 2 15 24 39
01:45 0 4 2 5 2 9 25 91 23 148 48 239
02:00 1 2 3 31 28 59
02:15 0 0 0 43 56 99
02:30 0 2 2 25 61 86
02:45 0 1 2 6 2 7 29 128 19 164 48 292
03:00 1 1 2 32 24 56
03:15 0 1 1 17 31 48
03:30 1 0 1 33 24 57
03:45 1 3 4 6 5 9 27 109 32 111 59 220
04:00 0 1 1 31 27 58
04:15 0 1 1 31 22 53
04:30 4 1 5 27 39 66
04:45 0 4 5 8 5 12 31 120 19 107 50 227
05:00 0 5 5 33 30 63
05:15 1 3 4 47 20 67
05:30 3 8 11 41 34 75
05:45 1 5 3 19 4 24 36 157 53 137 89 294
06:00 1 5 6 30 132 162
06:15 4 7 11 39 44 83
06:30 4 12 16 35 30 65
06:45 6 15 13 37 19 52 66 170 19 225 85 395
07:00 5 11 16 39 15 54
07:15 15 20 35 20 13 33
07:30 43 55 98 14 15 29
07:45 62 125 49 135 111 260 21 94 4 47 25 141
08:00 48 78 126 20 117 137
08:15 49 72 121 16 62 78
08:30 33 39 72 8 5 13
08:45 40 170 35 224 75 394 8 52 8 192 16 244
09:00 14 18 32 13 11 24
09:15 10 49 59 6 6 12
09:30 10 17 27 7 1 8
09:45 9 43 4 88 13 131 11 37 2 20 13 57
10:00 10 15 25 6 3 9
10:15 17 23 40 3 4 7
10:30 22 29 51 2 1 3
10:45 15 64 16 83 31 147 2 13 2 10 4 23
11:00 21 10 31 1 4 5
11:15 17 21 38 2 1 3
11:30 7 24 31 1 2 3
11:45 10 55 16 71 26 126 2 6 0 7 2 13
TOTALS 496 689 1185 1059 1253 2312
SPLIT % 41.9% 58.1% 33.9% 45.8% 54.2% 66.1%

NB SB EB WB
1,555 1,942 0 0
AM Peak Hour 07:30 07:30 07:30 18:15 17:30 17:30
AM Pk Volume 202 254 456 179 263 409
Pk Hr Factor 0.815 0.814 0.905 0.678 0.498 0.631
7 - 9 Volume 295 359 0 0 654 277 244 0 0 521
7 - 9 Peak Hour 07:30 07:30 07:30 17:00 17:00 17:00
7 - 9 Pk
Volume 202 254 0 0 456 157 137 0 0 294
Pk Hr Factor 0.815 0.814 0.000 0.000 0.905 0.835 0.646 0.000 0.000 0.826 4 - 6 Peak Hour
4 - 6 Pk
SPLIT %
TOTAL
Pk Hr Factor
PM Peak Hour
PM Pk Volume
Pk Hr Factor
4 - 6 Volume
20:45
TOTAL
23:45
TOTALS
Total
3,497

DAILY TOTALS
21:00
21:15
20:30

DAILY TOTALS
22:15
22:30
22:45
23:00
23:15
23:30
Todhunter Ave Bet. Anna St & Sacramento Ave
21:30
21:45
22:00
Total
3,497
19:30
19:45
20:00
20:15
18:00
18:15
18:30
18:45
19:00
19:15
16:45
17:00
17:15
Wednesday
17:30
17:45
15:15
15:30
15:45
16:00
16:15
16:30
14:00
14:15
14:30
3/2/2022
14:45
15:00

DAILY TOTALS
PM Period
VOLUME
Prepared by National Data & Surveying Services
13:15
13:30
13:45
12:00
12:15
12:30
12:45
13:00
DocuSign Envelope ID: DFB6F219-3215-4E9B-B199-8AD633E3B1BC 279
Day: City: West Sacramento
Date: Project #: CA22_070043_069

NB SB EB WB
805 912 0 0
AM Period NB SB EB WB NB SB EB WB
00:00 2 3 5 9 17 26
00:15 1 0 1 11 11 22
00:30 1 1 2 14 14 28
00:45 0 4 1 5 1 9 20 54 13 55 33 109
01:00 0 1 1 9 12 21
01:15 1 0 1 13 15 28
01:30 3 0 3 14 12 26
01:45 1 5 1 2 2 7 17 53 17 56 34 109
02:00 1 0 1 14 12 26
02:15 0 2 2 13 19 32
02:30 0 0 0 23 34 57
02:45 0 1 0 2 0 3 24 74 20 85 44 159
03:00 0 0 0 19 19 38
03:15 0 0 0 16 20 36
03:30 1 1 2 6 16 22
03:45 0 1 0 1 0 2 21 62 13 68 34 130
04:00 0 1 1 22 14 36
04:15 0 1 1 13 12 25
04:30 0 1 1 19 14 33
04:45 1 1 5 8 6 9 23 77 14 54 37 131
05:00 0 4 4 14 21 35
05:15 0 4 4 11 14 25
05:30 1 5 6 16 17 33
05:45 0 1 12 25 12 26 13 54 16 68 29 122
06:00 1 2 3 15 21 36
06:15 2 11 13 19 10 29
06:30 6 10 16 7 11 18
06:45 2 11 14 37 16 48 12 53 13 55 25 108
07:00 3 9 12 14 13 27
07:15 7 10 17 14 6 20
07:30 15 19 34 13 9 22
07:45 20 45 31 69 51 114 10 51 7 35 17 86
08:00 14 15 29 15 9 24
08:15 8 17 25 14 11 25
08:30 6 18 24 9 5 14
08:45 13 41 9 59 22 100 11 49 5 30 16 79
09:00 6 11 17 4 11 15
09:15 8 12 20 8 3 11
09:30 5 7 12 8 7 15
09:45 9 28 13 43 22 71 5 25 9 30 14 55
10:00 8 7 15 11 4 15
10:15 4 11 15 7 6 13
10:30 6 7 13 4 1 5
10:45 9 27 8 33 17 60 4 26 4 15 8 41
11:00 8 13 21 6 4 10
11:15 17 19 36 2 2 4
11:30 5 13 18 6 2 8
11:45 16 46 22 67 38 113 2 16 2 10 4 26
TOTALS 211 351 562 594 561 1155
SPLIT % 37.5% 62.5% 32.7% 51.4% 48.6% 67.3%

NB SB EB WB
805 912 0 0
AM Peak Hour 07:30 07:30 07:30 14:30 14:30 14:30
AM Pk Volume 57 82 139 82 93 175
Pk Hr Factor 0.713 0.661 0.681 0.854 0.684 0.768
7 - 9 Volume 86 128 0 0 214 131 122 0 0 253
7 - 9 Peak Hour 07:30 07:30 07:30 16:00 17:00 16:00
7 - 9 Pk Volume 57 82 0 0 139 77 68 0 0 131
Pk Hr Factor 0.713 0.661 0.000 0.000 0.681 0.837 0.810 0.000 0.000 0.885 4 - 6 Peak Hour
4 - 6 Pk
Volume
SPLIT %
TOTAL
Pk Hr Factor
PM Peak Hour
PM Pk Volume
Pk Hr Factor
4 - 6 Volume
20:45
TOTAL
23:45
TOTALS
Total
1,717

DAILY TOTALS
21:00
21:15
20:30

DAILY TOTALS
22:15
22:30
22:45
23:00
23:15
23:30
Westacre Rd Bet. Michigan Blvd & W Capitol Ave
21:30
21:45
22:00
Total
1,717
19:30
19:45
20:00
20:15
18:00
18:15
18:30
18:45
19:00
19:15
16:45
17:00
17:15
Thursday
17:30
17:45
15:15
15:30
15:45
16:00
16:15
16:30
14:00
14:15
14:30
3/31/2022
14:45
15:00

DAILY TOTALS
PM Period
VOLUME
Prepared by National Data & Surveying Services
13:15
13:30
13:45
12:00
12:15
12:30
12:45
13:00
DocuSign Envelope ID: DFB6F219-3215-4E9B-B199-8AD633E3B1BC 280
Day: City: West Sacramento
Date: Project #: CA22_070043_070

NB SB EB WB
1,096 1,200 0 0
AM Period NB SB EB WB NB SB EB WB
00:00 1 2 3 17 27 44
00:15 4 2 6 21 27 48
00:30 1 2 3 26 28 54
00:45 0 6 1 7 1 13 24 88 23 105 47 193
01:00 4 8 12 10 24 34
01:15 2 3 5 17 15 32
01:30 2 0 2 19 25 44
01:45 1 9 1 12 2 21 16 62 27 91 43 153
02:00 1 1 2 20 23 43
02:15 0 1 1 12 22 34
02:30 2 1 3 25 41 66
02:45 2 5 0 3 2 8 9 66 34 120 43 186
03:00 2 1 3 15 28 43
03:15 0 0 0 13 17 30
03:30 0 1 1 15 19 34
03:45 1 3 1 3 2 6 17 60 32 96 49 156
04:00 0 2 2 4 23 27
04:15 1 0 1 14 24 38
04:30 4 0 4 11 42 53
04:45 4 9 1 3 5 12 10 39 36 125 46 164
05:00 0 1 1 13 46 59
05:15 3 1 4 15 39 54
05:30 15 0 15 24 32 56
05:45 16 34 1 3 17 37 15 67 15 132 30 199
06:00 18 0 18 18 21 39
06:15 20 5 25 15 25 40
06:30 11 3 14 10 12 22
06:45 9 58 9 17 18 75 8 51 14 72 22 123
07:00 23 6 29 5 11 16
07:15 19 8 27 5 10 15
07:30 28 17 45 14 13 27
07:45 42 112 13 44 55 156 10 34 15 49 25 83
08:00 23 10 33 9 12 21
08:15 33 9 42 8 8 16
08:30 27 9 36 8 9 17
08:45 18 101 12 40 30 141 9 34 6 35 15 69
09:00 18 7 25 5 10 15
09:15 16 15 31 9 3 12
09:30 23 13 36 3 6 9
09:45 22 79 14 49 36 128 7 24 5 24 12 48
10:00 19 11 30 3 7 10
10:15 17 12 29 6 3 9
10:30 7 8 15 5 10 15
10:45 16 59 17 48 33 107 5 19 5 25 10 44
11:00 12 19 31 2 3 5
11:15 14 18 32 3 5 8
11:30 16 19 35 8 2 10
11:45 17 59 20 76 37 135 5 18 11 21 16 39
TOTALS 534 305 839 562 895 1457
SPLIT % 63.6% 36.4% 36.5% 38.6% 61.4% 63.5%

NB SB EB WB
1,096 1,200 0 0
AM Peak Hour 07:30 11:45 11:45 12:00 16:30 16:45
AM Pk Volume 126 102 183 88 163 215
Pk Hr Factor 0.750 0.911 0.847 0.846 0.886 0.911
7 - 9 Volume 213 84 0 0 297 106 257 0 0 363
7 - 9 Peak Hour 07:30 07:30 07:30 17:00 16:30 16:45
7 - 9 Pk Volume 126 49 0 0 175 67 163 0 0 215
Pk Hr Factor 0.750 0.721 0.000 0.000 0.795 0.698 0.886 0.000 0.000 0.911 4 - 6 Peak Hour
4 - 6 Pk
Volume
SPLIT %
TOTAL
Pk Hr Factor
PM Peak Hour
PM Pk Volume
Pk Hr Factor
4 - 6 Volume
20:45
TOTAL
23:45
TOTALS
Total
2,296

DAILY TOTALS
21:00
21:15
20:30

DAILY TOTALS
22:15
22:30
22:45
23:00
23:15
23:30
3rd St Bet. B St & W Capitol Ave
21:30
21:45
22:00
Total
2,296
19:30
19:45
20:00
20:15
18:00
18:15
18:30
18:45
19:00
19:15
16:45
17:00
17:15
Tuesday
17:30
17:45
15:15
15:30
15:45
16:00
16:15
16:30
14:00
14:15
14:30
3/8/2022
14:45
15:00

DAILY TOTALS
PM Period
VOLUME
Prepared by National Data & Surveying Services
13:15
13:30
13:45
12:00
12:15
12:30
12:45
13:00
DocuSign Envelope ID: DFB6F219-3215-4E9B-B199-8AD633E3B1BC 281
Day: City: West Sacramento
Date: Project #: CA22_070043_071

NB SB EB WB
0 0 3,105 2,203
AM Period NB SB EB WB NB SB EB WB
00:00 1 3 4 56 53 109
00:15 3 12 15 56 40 96
00:30 2 9 11 67 36 103
00:45 2 8 1 25 3 33 51 230 30 159 81 389
01:00 4 5 9 38 36 74
01:15 4 3 7 40 36 76
01:30 4 6 10 53 44 97
01:45 4 16 3 17 7 33 60 191 35 151 95 342
02:00 0 3 3 45 32 77
02:15 3 2 5 42 29 71
02:30 1 2 3 55 48 103
02:45 2 6 4 11 6 17 57 199 57 166 114 365
03:00 2 1 3 61 31 92
03:15 4 2 6 61 36 97
03:30 5 1 6 46 30 76
03:45 4 15 3 7 7 22 72 240 53 150 125 390
04:00 5 4 9 59 45 104
04:15 9 5 14 45 55 100
04:30 13 6 19 56 41 97
04:45 3 30 15 30 18 60 59 219 33 174 92 393
05:00 6 11 17 41 46 87
05:15 9 5 14 44 45 89
05:30 19 9 28 51 28 79
05:45 26 60 15 40 41 100 64 200 34 153 98 353
06:00 21 10 31 51 38 89
06:15 25 15 40 44 29 73
06:30 33 16 49 32 35 67
06:45 40 119 17 58 57 177 37 164 28 130 65 294
07:00 41 29 70 32 18 50
07:15 44 22 66 36 21 57
07:30 49 35 84 31 24 55
07:45 63 197 37 123 100 320 26 125 25 88 51 213
08:00 54 34 88 20 15 35
08:15 71 30 101 30 27 57
08:30 80 18 98 33 18 51
08:45 43 248 30 112 73 360 21 104 20 80 41 184
09:00 44 26 70 22 21 43
09:15 38 27 65 27 21 48
09:30 62 33 95 16 18 34
09:45 42 186 27 113 69 299 17 82 18 78 35 160
10:00 50 17 67 23 15 38
10:15 37 15 52 9 18 27
10:30 43 22 65 17 12 29
10:45 52 182 38 92 90 274 12 61 15 60 27 121
11:00 43 39 82 10 13 23
11:15 63 31 94 5 8 13
11:30 48 41 89 7 8 15
11:45 44 198 33 144 77 342 3 25 13 42 16 67
TOTALS 1265 772 2037 1840 1431 3271
SPLIT % 62.1% 37.9% 38.4% 56.3% 43.7% 61.6%

NB SB EB WB
0 0 3,105 2,203
AM Peak Hour 07:45 11:30 07:45 15:00 15:45 15:45
AM Pk Volume 268 167 387 240 194 426
Pk Hr Factor 0.838 0.788 0.958 0.833 0.882 0.852
7 - 9 Volume 0 0 445 235 680 0 0 419 327 746
7 - 9 Peak Hour 07:45 07:30 07:45 16:00 16:15 16:00
7 - 9 Pk Volume 0 0 268 136 387 0 0 219 175 393
Pk Hr Factor 0.000 0.000 0.838 0.919 0.958 0.000 0.000 0.928 0.795 0.945 4 - 6 Peak Hour
4 - 6 Pk
Volume
SPLIT %
TOTAL
Pk Hr Factor
PM Peak Hour
PM Pk Volume
Pk Hr Factor
4 - 6 Volume
20:45
TOTAL
23:45
TOTALS
Total
5,308

DAILY TOTALS
21:00
21:15
20:30

DAILY TOTALS
22:15
22:30
22:45
23:00
23:15
23:30
15th St Bet. Jefferson Blvd & S River Rd
21:30
21:45
22:00
Total
5,308
19:30
19:45
20:00
20:15
18:00
18:15
18:30
18:45
19:00
19:15
16:45
17:00
17:15
Thursday
17:30
17:45
15:15
15:30
15:45
16:00
16:15
16:30
14:00
14:15
14:30
3/31/2022
14:45
15:00

DAILY TOTALS
PM Period
VOLUME
Prepared by National Data & Surveying Services
13:15
13:30
13:45
12:00
12:15
12:30
12:45
13:00
DocuSign Envelope ID: DFB6F219-3215-4E9B-B199-8AD633E3B1BC 282
Day: City: West Sacramento
Date: Project #: CA21_070096_010

NB SB EB WB
0 0 1,084 1,274
AM Period NB SB EB WB NB SB EB WB
00:00 2 3 5 17 28 45
00:15 3 4 7 11 23 34
00:30 6 4 10 11 29 40
00:45 0 11 1 12 1 23 19 58 25 105 44 163
01:00 1 6 7 15 27 42
01:15 1 0 1 16 16 32
01:30 3 1 4 19 16 35
01:45 1 6 3 10 4 16 11 61 15 74 26 135
02:00 2 5 7 17 23 40
02:15 2 1 3 19 22 41
02:30 1 2 3 14 20 34
02:45 0 5 2 10 2 15 20 70 24 89 44 159
03:00 0 2 2 16 20 36
03:15 2 2 4 26 19 45
03:30 2 5 7 24 20 44
03:45 0 4 3 12 3 16 39 105 17 76 56 181
04:00 1 2 3 24 25 49
04:15 2 4 6 32 20 52
04:30 3 6 9 40 29 69
04:45 1 7 1 13 2 20 32 128 21 95 53 223
05:00 4 4 8 28 34 62
05:15 7 6 13 35 32 67
05:30 5 8 13 40 22 62
05:45 7 23 5 23 12 46 13 116 21 109 34 225
06:00 7 8 15 20 20 40
06:15 8 10 18 11 16 27
06:30 10 15 25 15 18 33
06:45 14 39 3 36 17 75 7 53 20 74 27 127
07:00 12 17 29 13 9 22
07:15 9 14 23 13 9 22
07:30 14 20 34 11 17 28
07:45 18 53 15 66 33 119 5 42 13 48 18 90
08:00 9 12 21 11 13 24
08:15 8 9 17 13 14 27
08:30 17 13 30 5 11 16
08:45 14 48 16 50 30 98 11 40 11 49 22 89
09:00 13 11 24 9 8 17
09:15 11 13 24 7 16 23
09:30 15 18 33 9 19 28
09:45 12 51 13 55 25 106 10 35 9 52 19 87
10:00 7 14 21 7 9 16
10:15 10 18 28 7 6 13
10:30 6 15 21 9 14 23
10:45 9 32 18 65 27 97 5 28 12 41 17 69
11:00 10 15 25 5 5 10
11:15 13 33 46 6 7 13
11:30 10 15 25 3 5 8
11:45 15 48 21 84 36 132 7 21 9 26 16 47
TOTALS 327 436 763 757 29 838 1595
SPLIT % 42.9% 57.1% 32.4% 47.5% 2200.0% 52.5% 67.6%
16 NB SB EB WB 13
0 0 1,084 1,274
AM Peak Hour 08:30 11:45 11:45 15:45 16:30 16:30
AM Pk Volume 55 101 155 135 116 251
Pk Hr Factor 0.809 0.871 0.861 0.844 0.853 0.909
7 - 9 Volume 0 0 101 116 217 0 0 244 204 448
7 - 9 Peak Hour 07:00 07:00 07:00 16:30 16:30 16:30
7 - 9 Pk Volume 0 0 53 66 119 0 0 135 116 251
Pk Hr Factor 0.000 0.000 0.736 0.825 0.875 0.000 0.000 0.844 0.853 0.909 VOLUME
Prepared by National Data & Surveying Services
13:15
13:30
13:45
12:00
12:15
12:30
12:45
13:00
16:15
16:30
14:00
14:15
14:30
7/8/2021
14:45
15:00

DAILY TOTALS
PM Period
16:45
17:00
17:15
Thursday
17:30
17:45
15:15
15:30
15:45
16:00
18:00
18:15
18:30
18:45
19:00
19:15
Sunset Ave Bet. N Harbor Blvd & Sacramento Ave
21:30
21:45
22:00
Total
2,358
19:30
19:45
20:00
20:15

DAILY TOTALS
22:15
22:30
22:45
23:00
23:15
23:30
TOTAL
23:45
TOTALS
Total
2,358

1. SWITRS Data Graphic: January 2018 – December 2020

2. West Sacramento Police Department Collision Data: January 2018 – December 2020
DocuSign Envelope ID: DFB6F219-3215-4E9B-B199-8AD633E3B1BC 284
Appendix Exhibit F

1. SWITRS Data Graphic: January 2018 – December 2020
DocuSign Envelope ID: DFB6F219-3215-4E9B-B199-8AD633E3B1BC 285
Head-On
Sideswipe
Rear End
Broadside
Hit Object
Vehicle/Pedestrian Other

COLLISION TYPE - WESTACRE
Unknown
Driving or Bicycling Under the
Influence of Alcohol or Drug
Unsafe Speed
Wrong Side of Road
Improper Passing
Unsafe Lane Change
Improper Turning Automobile Right of Way
Pedestrian Right of Way
Pedestrian Violation
Traffic Signals and Signs
Other Hazardous Violation
Not Stated

PCF CATEGORY - WESTACRE
0 1
2 3
4 5
6 7
8 0 AM 1 AM 2 AM 3 AM 4 AM 5 AM 6 AM 7 AM 8 AM 9 AM 10 AM 11 AM 12 PM 1 PM 2 PM 3 PM 4 PM 5 PM 6 PM 7 PM 8 PM 9 PM 10 PM 11 PM Time of Day - Westacre
DocuSign Envelope ID: DFB6F219-3215-4E9B-B199-8AD633E3B1BC 286
Driving or Bicycling Under the Influence
of Alcohol or Drug
Unsafe Speed
Wrong Side of Road
Improper Turning
Automobile Right of
Way
Pedestrian Violation
Traffic Signals and Signs
Lights
Other Than Driver (or
Pedestrian)

PCF CATEGORY - MICHIGAN BLVD
Head-On
Sideswipe
Rear End
Broadside
Hit Object
Vehicle/Pedestrian

COLLISION TYPE - MICHIGAN
0 0.5
1 1.5
2 2.5
3 3.5
4 0 AM 1 AM 2 AM 3 AM 4 AM 5 AM 6 AM 7 AM 8 AM 9 AM 10 AM 11 AM 12 PM 1 PM 2 PM 3 PM 4 PM 5 PM 6 PM 7 PM 8 PM 9 PM 10 PM 11 PM Time of Day - Michigan Blvd
DocuSign Envelope ID: DFB6F219-3215-4E9B-B199-8AD633E3B1BC 287
CASE_ID ACCIDENT_YEAR PROC_DATE JURIS COLLISION_DATE COLLISION_TIME OFFICER_ID REPORTING_DISTRICT DAY_OF_WEEK CHP_SHIFT POPULATION CNTY_CITY_LOC SPECIAL_COND BEAT_TYPE CHP_BEAT_TYPE CITY_DIVISION_LAPD CHP_BEAT_CLASS BEAT_NUMBER PRIMARY_RD SECONDARY_RD DISTANCE DIRECTION INTERSECTION WEATHER_1 WEATHER_2 STATE_HWY_IND CALTRANS_COUNTY CALTRANS_DISTRICT STATE_ROUTE ROUTE_SUFFIX POSTMILE_PREFIX POSTMILE LOCATION_TYPE RAMP_INTERSECTION SIDE_OF_HWY TOW_AWAY COLLISION_SEVERITY NUMBER_KILLED NUMBER_INJURED PARTY_COUNT PRIMARY_COLL_FACTOR PCF_CODE_OF_VIOL PCF_VIOL_CATEGORY PCF_VIOLATION PCF_VIOL_SUBSECTION HIT_AND_RUN TYPE_OF_COLLISION MVIW PED_ACTION ROAD_SURFACE ROAD_COND_1 ROAD_COND_2 LIGHTING CONTROL_DEVICE CHP_ROAD_TYPE PEDESTRIAN_ACCIDENT BICYCLE_ACCIDENT MOTORCYCLE_ACCIDENT TRUCK_ACCIDENT NOT_PRIVATE_PROPERTY ALCOHOL_INVOLVED STWD_VEHTYPE_AT_FAULT CHP_VEHTYPE_AT_FAULT COUNT_SEVERE_INJ COUNT_VISIBLE_INJ COUNT_COMPLAINT_PAIN COUNT_PED_KILLED COUNT_PED_INJURED COUNT_BICYCLIST_KILLED COUNT_BICYCLIST_INJURED COUNT_MC_KILLED COUNT_MC_INJURED PRIMARY_RAMP SECONDARY_RAMP LATITUDE LONGITUDE 8301686 2017 20170209 5704 20170131 840 6088 2 5 4 5704 0 0 0 0 2 WESTACRE RD MEADOW RD 0 Y A - N Y 4 0 1 2A - 9 21800 C N D C A A H - A A 0 Y A 1 0 0 1 0 0 0 0 0 0- - 8326138 2017 20170321 5704 20170308 734 6092 3 5 4 5704 0 0 0 0 2 WESTACRE RD WEST CAPITOL AV 29 S N A - N N 0 0 0 1A - 8 22107 M E I A A H - A A 0 Y Y G 25 0 0 0 0 0 0 0 0 0- - 8330641 2017 20170403 5704 20170313 1939 6087 1 5 4 5704 0 0 0 0 2 WESTACRE RD MEADOW RD 12 S Y A - N N 0 0 0 2A - 9 21800 A N D C A A H - C D 0 Y A 7 0 0 0 0 0 0 0 0 0- - 8341540 2017 20170420 5704 20170403 1650 6072 1 5 4 5704 0 0 0 0 2 WESTACRE RD WEST CAPITOL AV 0 Y A - N N 3 0 1 2A - 11 21456 B N G B B A H - A A 0Y Y Y Y N 60 0 1 0 0 1 0 0 0 0- - 8437605 2017 20170925 5704 20170908 727 109 5 5 4 5704 0 0 0 0 1 WESTACRE RD MADRONE AV 20 S N A - N N 0 0 0 3A - 8 22107 M B C A A H - A D 0 Y A 8 0 0 0 0 0 0 0 0 0- - 8450485 2017 20171021 5704 20170915 1916 157 5 5 4 5704 0 0 0 0 0B2 WESTACRE RD PORTSMOUTH AV 80 N N A - N N 0 0 0 2A - 9 21801 A N B C A A H - B D 0 Y A 1 0 0 0 0 0 0 0 0 0- - 8456952 2017 20170928 5704 20170918 1429 112 1 5 4 5704 0 0 0 0 WESTACRE RD MERKLEY AV 5S N A - N N 0 0 0 2A - 10 21950 A N G B B A H - A A 0Y Y A 1 0 0 0 0 0 0 0 0 0- - 8514576 2017 20180118 5704 20171130 736 173 4 5 4 5704 0 0 0 0 2 WESTACRE RD ROCKROSE RD 0 Y A - N N 0 0 0 2A - 9 21802 A N D C A - - - A A 0 Y A 1 0 0 0 0 0 0 0 0 0- - 8626419 2018 20180628 5704 20180507 1022 6093 1 5 4 5704 0 0 0 0 2 WESTACRE RD MERKLEY AV 0 Y A - N N 0 0 0 2A - 9 21801 A M D C A A H - A A 0 Y A 8 0 0 0 0 0 0 0 0 0- - 8691408 2018 20180910 5704 20180819 1135 6699 7 5 4 5704 0 0 0 0 2 WESTACRE RD LAUREL LN 90 S N A - N Y 0 0 0 2A - 8 22107 N B C A A H - A D 0 Y A 1 0 0 0 0 0 0 0 0 0- - 8695019 2018 20180920 5704 20180831 1355 6698 5 5 4 5704 0 0 0 0 2 WESTACRE RD WILLOW AV 111 S N A - N N 0 0 0 2A - 8 22107 N D C A A H - A D 0 Y A 1 0 0 0 0 0 0 0 0 0- - 38.57757 121.52908 8735205 2018 20181107 5704 20181017 1744 6093 3 5 4 5704 0 0 0 0 2 WESTACRE RD WEST CAPITOL AV 100 S N A - N Y 0 0 0 3A - 9 21804 A N D C A A C - A D 0 Y A 1 0 0 0 0 0 0 0 0 0- - 8757501 2018 20181217 5704 20181130 2001 163 5 5 4 5704 0 0 0 0 2 WESTACRE RD MADRONE AV 0 Y A - N N 0 0 0 1A - 1 23152 A N E I A A H - C D 0 Y Y A 1 0 0 0 0 0 0 0 0 0- - 8871882 2019 20190624 5704 20190531 840 6195 5 5 4 5704 0 0 0 0 2 WESTACRE RD LAUREL LN 0 Y A - N Y 4 0 2 2A - 9 21802 A N D C A A H - A A 0 Y A 7 0 0 2 0 0 0 0 0 0- - 38.58299 121.53072 8902320 2019 20190729 5704 20190706 2108 6699 6 5 4 5704 0 0 0 0 2 WESTACRE RD WEST CAPITOL AV 0 Y A - N N 3 0 1 2A - 12 21453 A N D G A A H - C A 0 Y Y L 4 0 1 0 0 0 0 1 0 0- - 38.58026 121.53056 8928610 2019 20190912 5704 20190823 2340 6092 5 5 4 5704 0 0 0 0 2 WESTACRE RD MADRONE AV 0 Y A - N N 0 0 0 1A - 5 21651 A N E I A A H - D D 0 Y Y A 8 0 0 0 0 0 0 0 0 0- - 8958426 2019 20191029 5704 20190911 1530 165 3 5 4 5704 0 0 0 0 2 WESTACRE RD MEADOW RD 430 S N A - N N 3 0 1 2A - 3 22350 N C G A A H - A D 0 Y Y L 4 0 1 0 0 0 0 1 0 0- - 38.57319 121.53061 8958789 2019 20191101 5704 20191008 2308 6093 2 2 5 4 5704 0 0 0 0 2 WESTACRE RD MEADOW RD 15 S N A - N Y 4 0 1 1A - 3 22350 N E I A A H - D D 0 Y Y A 1 0 0 1 0 0 0 0 0 0- - 38.57319 121.53061 8959575 2019 20191104 5704 20191011 1955 6052 WSPD 5 5 4 5704 0 0 0 0 2 WESTACRE RD MADRONE AV 0 Y A - N Y 0 0 0 1A - 8 22107 N E I A A H - D D 0 Y A 1 0 0 0 0 0 0 0 0 0- - 9098055 2020 20201104 5704 20200501 2058 6195 5 5 4 5704 0 0 0 0 2 WESTACRE RD MADRONE AV 0 Y A - N Y 4 0 1 1A - 8 22107 N E I A A H - D A 0 Y A 7 0 0 1 0 0 0 0 0 0- - 35.53062 121.53062 9101758 2020 20200811 5704 20200528 758 6208 4 5 4 5704 0 0 0 0 2 WESTACRE RD MEADOW RD 0 Y A - N Y 0 0 0 2A - 12 22450 A N D C A A H - A A 0 Y Y A 1 0 0 0 0 0 0 0 0 0- - 38.57319 121.53061 9139221 2020 20200930 5704 20200722 2104 6195 3 5 4 5704 0 0 0 0 2 WESTACRE RD ROCKROSE RD 81 N N A - N Y 4 0 1 6A - 1 23152 A N A E A A H - C D 0 Y Y A 1 0 0 1 0 0 0 0 0 0- - 38.58224 121.53067 9215722 2021 20210309 5704 20210107 1949 6012 4 5 4 5704 0 0 0 0 2 WESTACRE RD WEST CAPITOL AV 0 Y A - N Y 0 0 0 1A - 8 22107 N E I A A H - C A 0 Y A 1 0 0 0 0 0 0 0 0 0- - 38.58026 121.53056 9224354 2021 20210406 5704 20210130 105 6698 6 5 4 5704 0 0 0 0 2 WESTACRE RD PORTSMOUTH AV 110 N N A - N Y 0 0 0 3A - 8 22107 M B E A A H - C D 0 Y A 1 0 0 0 0 0 0 0 0 0- - 38.58521 121.53143 9237607 2021 20210413 5704 20210224 1716 6210 3 5 4 5704 0 0 0 0 2 WESTACRE RD MEADOW RD 0 Y A G N N 4 0 1 2A - 3 22350 N C C A A H - B A 0 Y A 1 0 0 1 0 0 0 0 0 0- - 38.57319 121.53061 9244414 2021 20210416 5704 20210302 1801 6093 2 5 4 5704 0 0 0 0 2 WESTACRE RD WEST CAPITOL AV 0 Y A - N N 0 0 0 2A - 6 21755 N B C A A H - A A 0 Y A 7 0 0 0 0 0 0 0 0 0- - 38.58026 121.53056 9251511 2021 20210421 5704 20210330 1700 6092 2 5 4 5704 0 0 0 0 2 WESTACRE RD MEADOW RD 0 Y A - N N 0 0 0 2A - 12 22450 A N D C A A H - A A 0 Y A 1 0 0 0 0 0 0 0 0 0- - 38.57319 121.53061 9257251 2021 20210429 5704 20210412 1730 6015 1 5 4 5704 0 0 0 0 2 WESTACRE RD WEST CAPITOL AV 100 S N A - N N 0 0 0 2A - 3 22350 M C C A A H - A A 0 Y A 7 0 0 0 0 0 0 0 0 0- - 38.58026 121.53056 9257502 2021 20210427 5704 20210105 1752 6088 2 5 4 5704 0 0 0 0 3 WESTACRE RD MERKLEY AV 0 Y A - N Y 0 0 0 2A - 9 21801 A N A C A A H - C A 0 Y A 1 0 0 0 0 0 0 0 0 0- - 38.57912 121.53071 9264553 2021 20210521 5704 20210417 2300 6653 6 5 4 5704 0 0 0 0 2 WESTACRE RD PARK BL 50 N N A - N Y 0 0 0 3A - 8 22107 M B E A A H - D D 0 Y A 1 0 0 0 0 0 0 0 0 0- - 38.57132 121.52999 9323364 2021 20211004 5704 20210827 804 6195 5 5 4 5704 0 0 0 0 2 WESTACRE RD EVERGREEN AV 202 S N A - N N 3 0 1 2A - 8 22107 N B G A A H - A D 0 Y Y L 4 0 1 0 0 0 0 1 0 0- - 38.57684 121.53069 9384194 2021 20211228 5704 20211122 1129 6543 1 5 4 5704 0 0 0 0 2 WESTACRE RD EVERGREEN AV 0 Y A - N Y 0 0 0 2A - 12 22450 A N D C A A H - A A 0 Y A 7 0 0 0 0 0 0 0 0 0- - 38.57684 121.53069 9392587 2022 20220128 5704 20220117 235 6211 1 5 4 5704 0 0 0 0 2 WESTACRE RD MADRONE AV 0 Y A - N N 0 0 0 1A - 8 22107 N E I A A H - C D 0 Y A 1 0 0 0 0 0 0 0 0 0- - 38.58165 121.531 9408908 2022 20220309 5704 20220218 1044 6017 5 5 4 5704 0 0 0 0 2 WESTACRE RD MADRONE AV 99 S N - - N N 0 0 0 3A - 1 23152 F N C E A A H - A B 0 Y A 1 0 0 0 0 0 0 0 0 0- - 38.58149 121.53064 9409941 2022 20220317 5704 20220224 1146 6698 4 5 4 5704 0 0 0 0 2 WESTACRE RD WEST CAPITOL AV 150 S N A - N 0 0 0 2A - 9 21804 A N D C A A H - A D 0 Y A 7 0 0 0 0 0 0 0 0 0- - 38.58042 121.53092 9423598 2022 20220413 5704 20220309 1147 6657 3 5 4 5704 0 0 0 0 2 WESTACRE RD EVERGREEN AV 30 E N A - N N 0 0 0 1A - 5 21650 M E I A A H - A A 0 Y A 1 0 0 0 0 0 0 0 0 0- - 38.57885 121.53069 9442727 2022 20220516 5704 20220411 1422 6210 1 5 4 5704 0 0 0 0 2 WESTACRE RD MERKLEY AV 0 Y B - Y 0 0 0 2A - 17 21451 A N D C A A H - A A 0 Y D 22 0 0 0 0 0 0 0 0 0- - 38.57912 121.53071 9461793 2022 20220706 5704 20220524 1424 6698 2 5 4 5704 0 0 0 0 2 WESTACRE RD MEADOW RD 0 Y A - N Y 0 0 0 2A - 9 21800 C N D C A A H - A A 0 Y A 1 0 0 0 0 0 0 0 0 0- - 38.57319 121.53061 8365372 2017 20170516 5704 20170502 1723 6664 2 5 4 5704 0 0 0 0 2 WEST CAPITOL AV WESTACRE RD 0 Y A - N Y 4 0 1 2A - 12 21453 A N D C A A H - A A 0 Y A 1 0 0 1 0 0 0 0 0 0- - 8429279 2017 20170913 5704 20170824 740 6087 5704 4 5 4 5704 0 0 0 0 2 MEADOW RD WESTACRE RD 0 Y A F N N 4 0 1 2A - - N G B B A H - A A 0Y Y A 8 0 0 1 0 1 0 0 0 0- - 8438030 2017 20170825 5704 20170811 1545 173 5 5 4 5704 0 0 0 0 2 WEST CAPITOL AV WESTACRE RD 0 Y A - N N 3 0 1 2A - 12 21453 A N D G A A H - A A 0 Y Y L 4 0 1 0 0 0 0 1 0 0- - 8466443 2017 20171013 5704 20170924 1215 6153 7 5 4 5704 0 0 0 0 2 WEST CAPITOL AV WESTACRE RD 0 Y A - N Y 4 0 2 2A - 12 21453 A N D C A A H - A A 0 Y A 1 0 0 2 0 0 0 0 0 0- - 8471174 2017 20171020 5704 20170915 1245 110 5 5 4 5704 0 0 0 0 2 WEST CAPITOL AV WESTACRE RD 0 Y A - N N 0 0 0 1A - 8 22107 N E I A A H - A A 0 Y Y G 26 0 0 0 0 0 0 0 0 0- - 8471186 2017 20171031 5704 20170904 1351 137 WSPD 1 5 4 5704 0 0 0 0 2 MERKLEY AV WESTACRE RD 0 Y A - N Y 0 0 0 2D - 0 N D C A A H - A A 0 Y - - 0 0 0 0 0 0 0 0 0- - 8640425 2018 20180806 5704 20180604 1720 6604 1 5 4 5704 0 0 0 0 2 WEST CAPITOL AV WESTACRE RD 0 Y A - N Y 0 0 0 3A - 12 21453 A N A C A A H - A A 0 Y A 1 0 0 0 0 0 0 0 0 0- - 8687165 2018 20180906 5704 20180817 1525 6072 5 5 4 5704 0 0 0 0 2 MADRONE AV WESTACRE RD 0 Y A - N N 0 0 0 2A - 9 21801 A N D C A A H - A A 0 Y D 22 0 0 0 0 0 0 0 0 0- - 8695029 2018 20180919 5704 20180827 1811 165 1 5 4 5704 0 0 0 0 2 WEST CAPITOL AV WESTACRE RD 0 Y A - N N 3 0 1 2A - 12 21453 A N D C A A H - A A 0 Y A 1 0 1 0 0 0 0 0 0 0- - 8695033 2018 20180919 5704 20180827 1411 165 1 5 4 5704 0 0 0 0 2 WEST CAPITOL AV WESTACRE RD 0 Y A - N Y 3 0 3 2A - 12 21453 A N D C A A H - A A 0 Y A 1 0 1 2 0 0 0 0 0 0- - 8781742 2019 20190204 5704 20190104 1448 6061 5 5 4 5704 0 0 0 0 2 WEST CAPITOL AV WEST ACRE RD 0 Y A - N N 0 0 0 2A - 6 21755 N B C A A H - A A 0 Y A 1 0 0 0 0 0 0 0 0 0- - 8831087 2019 20190404 5704 20190316 1440 6012 6 5 4 5704 0 0 0 0 2 WEST CAPITOL AV WESTACRE RD 0 Y A - N N 0 0 0 2A - 3 22350 N B C A A H - A D 0 Y I 11 0 0 0 0 0 0 0 0 0- - 8871633 2019 20190625 5704 20190531 1048 6195 5 5 4 5704 0 0 0 0 2 WEST CAPITOL AV WESTACRE RD 0 Y A - N N 0 0 0 2A - 12 21453 A M D C A A H - A A 0 Y Y A 7 0 0 0 0 0 0 0 0 0- - 38.58026 121.53056 8893253 2019 20190719 5704 20190516 1120 6091 4 5 4 5704 0 0 0 0 2 EVERGREEN AV WESTACRE RD 0 Y B - N N 0 0 0 2A - 8 22107 N B E A B H - A D 0 Y A 1 0 0 0 0 0 0 0 0 0- - 38.57685 121.53069 8896191 2019 20190724 5704 20190630 1813 6196 7 5 4 5704 0 0 0 0 2 MERKLEY AV WESTACRE RD 0 Y A - N Y 4 0 2 2A - 9 21801 A N D C A A H - A A 0 Y A 1 0 0 2 0 0 0 0 0 0- - 38.57912 121.53071 8907645 2019 20190814 5704 20190722 301 6093 1 5 4 5704 0 0 0 0 2 WEST CAPITOL AV WESTACRE RD 0 Y A - N N 0 0 0 2A - 3 22350 M C C A A H - C A 0 Y A 1 0 0 0 0 0 0 0 0 0- - 38.58026 121.53056 8907657 2019 20190814 5704 20190725 1531 6682 4 5 4 5704 0 0 0 0 2 PARK BL WESTACRE RD 0 Y A - N Y 0 0 0 2A - 1 23152 A M B C A A H - A D 0 Y Y A 1 0 0 0 0 0 0 0 0 0- - 38.57132 121.52999 8958496 2019 20191022 5704 20191002 801 165 3 5 4 5704 0 0 0 0 2 WEST CAPITOL AV WESTACRE RD 0 Y A - N N 4 0 1 2A - 9 21453 B N B C A A H - A A 0 Y A 1 0 0 1 0 0 0 0 0 0- - 38.58026 121.53056 8958829 2019 20191028 5704 20190918 12 6093 1 3 5 4 5704 0 0 0 0 2 MADRONE AV WESTACRE RD 0 Y A - N N 3 0 1 2A - 3 22350 F C G A A H - C D 0 Y Y A 7 0 1 0 0 0 0 1 0 0- - 38.5815 121.53062 8987885 2019 20191202 5704 20191026 1226 6091 6 5 4 5704 0 0 0 0 2 WEST CAPITOL AV WESTACRE RD 0 Y A - N Y 0 0 0 2A - 3 22350 N C C A A H - A A 0 Y A 1 0 0 0 0 0 0 0 0 0- - 38.5802 121.53056 9122878 2020 20201013 5704 20200710 1618 6194 5 5 4 5704 0 0 0 0 2 WEST CAPITOL AV WESTACRE RD 0 Y A - N N 3 0 1 2A - 12 21453 A N D G A A H - A A 0 Y Y A 1 0 1 0 0 0 0 1 0 0- - 38.58026 121.53056 91241651 2020 20200525 9280 20200522 750 17964 5 1 4 5704 0 1 2 2 11 US-50 W/B WESTACRE RD 0W N A - Y N 0 0 0 3A - 7 21658 A M H C A A H - A A 0 Y - 99 0 0 0 0 0 0 0 0 0- - 38.57618 121.53066 9139452 2020 20201016 5704 20200812 1353 6209 3 5 4 5704 0 0 0 0 2 WEST CAPITOL AV WEST ACRE RD 0 Y A - N N 0 0 0 2A - 8 22100 A N B C A A H - A A 0 Y Y F 27 0 0 0 0 0 0 0 0 0- - 38.58026 121.53056 9144757 2020 20201008 5704 20200819 1055 165 3 5 4 5704 0 0 0 0 2 MADRONE AV WESTACRE RD 0 Y A - N Y 4 0 1 1A - 5 21651 A N E I A - H - A D 0 Y A 1 0 0 1 0 0 0 0 0 0- - 38.5815 121.53062 9167895 2020 20201116 5704 20200930 1512 6015 3 5 4 5704 0 0 0 0 2 MERKLEY AV WESTACRE RD 0 Y A - N Y 3 0 2 2A - 17 21451 A N A C A A H - A A 0 Y A 1 0 1 1 0 0 0 0 0 0- - 38.57912 121.53071 9223687 2021 20210323 5704 20210126 1700 6214 2 5 4 5704 0 0 0 0 2 WILLOW AV WESTACRE RD 0 Y A - N Y 4 0 1 2A - 9 21802 A N D C A A H - A A 0 Y A 8 0 0 1 0 0 0 0 0 0- - 38.57836 121.53069 9239474 2021 20210427 5704 20210403 230 6153 6 5 4 5704 0 0 0 0 2 MEADOW RD WESTACRE RD 0 Y A - N Y 0 0 0 2A - 8 22107 N B E A A H - C A 0 Y D 22 0 0 0 0 0 0 0 0 0- - 38.57319 121.53061 9282242 2021 20210709 5704 20210608 1824 6092 2 5 4 5704 0 0 0 0 2 MERKLEY AV WESTACRE RD 0 Y A - N N 0 0 0 2A - 12 21453 A M D C A - H - A A 0 Y A 1 0 0 0 0 0 0 0 0 0- - 38.57915 121.53071 9384354 2021 20220111 5704 20211206 1910 6194 1 5 4 5704 0 0 0 0 2 WEST CAPITOL AV WESTACRE RD 0 Y C - N N 4 0 2 2A - 9 21800 A N D C A B A - C A 0 Y A 1 0 0 2 0 0 0 0 0 0- - 38.58027 121.53073 9411575 2022 20220224 5704 20220120 1925 6054 5704 4 5 4 5704 0 0 0 0 2 WEST CAPITOL AV WESTACRE RD 0 Y A - N N 3 0 1 2A - 9 21453 B F G B B A H - C A 0Y Y A 1 0 1 0 0 1 0 0 0 0- - 38.58027 121.53073 9449430 2022 20220531 5704 20220429 1915 6225 5 5 4 5704 0 0 0 0 2 WEST CAPITOL AV WESTACRE RD 0 Y A - N Y 4 0 3 1A - 5 21650 N E I A A H - A A 0 Y A 7 0 0 3 0 0 0 0 0 0- - 38.58027 121.53073 9483296 2022 20220811 5704 20220724 1205 6554 7 5 4 5704 0 0 0 0 2 MERKLEY AV WESTACRE RD 0 Y A - N N 0 0 0 2A - 12 21453 A N D C A A H - A A 0 Y D 22 0 0 0 0 0 0 0 0 0- - 38.57911 121.53071 DocuSign Envelope ID: DFB6F219-3215-4E9B-B199-8AD633E3B1BC 288
CASE_ID ACCIDENT_YEAR PROC_DATEJURIS COLLISION_DATE COLLISION_TIME OFFICER_IDREPORTING_DISTRICT DAY_OF_WEEK CHP_SHIFTPOPULATIONCNTY_CITY_LOC SPEIAL_COND BEAT_TYPECHP_BEAT_TYPE CITY_DIVISION_LAPD CHP_BEAT_CLASS BEAT_NUMBER PRIMARY_RD SECONDARY_RD DISTANCE DIRECTION 8283814 2017 20170119 5704 20170103 1137 6604 2 5 4 5704 0 0 0 0 2 MICHIGAN BL JEFFERSON BL 0 8330670 2017 20170404 5704 20170319 2020 6067 7 5 4 5704 0 0 0 0 2 MICHIGAN BL WESTACRE RD 8 W 8353277 2017 20170427 5704 20170412 344 131 3 5 4 5704 0 0 0 0 2 MICHIGAN BL PECAN ST 165 E 8428658 2017 20170824 5704 20170806 1912 131 7 5 4 5704 0 0 0 0 2 MICHIGAN BL CHAPARRAL WY 113 W 8580975 2018 20180417 5704 20180308 34 6048 4 5 4 5704 0 0 0 0 MICHIGAN BL WESTACRE RD 270 E 8712129 2018 20181024 5704 20180917 1613 6604 1 5 4 5704 0 0 0 0 2 MICHIGAN BL WALNUT ST 166 E 8804058 2019 20190228 5704 20190218 1837 6604 1 5 4 5704 0 0 0 0 2 MICHIGAN BL POPLAR AV 0 8893222 2019 20190729 5704 20190524 818 6091 5 5 4 5704 0 0 0 0 2 MICHIGAN BL CHAPARRAL WY 0 8987373 2019 20200113 5704 20191108 1210 6616 5 5 4 5704 0 0 0 0 2 MICHIGAN BL POPLAR AV 0 9324003 2021 20210930 5704 20210823 1340 6170 1 5 4 5704 0 0 0 0 2 MICHIGAN BL POPLAR AV 0 9408822 2022 20220310 5704 20220205 1848 6054 6 5 4 5704 0 0 0 0 MICHIGAN BL CHAPARRAL WY 0 9461757 2022 20220707 5704 20220611 1300 6213 6 5 4 5704 0 0 0 0 2 MICHIGAN BL ROCKROSE RD 180 W 8319003 2017 20170227 5704 20170218 2127 6048 6 5 4 5704 0 0 0 0 1 JEFFERSON BL MICHIGAN BL 0 8340194 2017 20170407 5704 20170311 2153 6089 6 5 4 5704 0 0 0 0 2 MAPLE ST MICHIGAN BL 0 8518521 2017 20180208 5704 20171205 1615 165 2 5 4 5704 0 0 0 0 2 JEFFERSON BL MICHIGAN BL 0 8534588 2018 20180213 5704 20180116 745 173 2 5 4 5704 0 0 0 0 2 JEFFERSON BL MICHIGAN BL 0 8622262 2018 20180606 5704 20180512 1752 112 6 5 4 5704 0 0 0 0 2 JEFFERSON BL MICHIGAN BL 0 8622269 2018 20180622 5704 20180511 1922 131 YOLO 5 5 4 5704 0 0 0 0 2 JEFFERSON BL MICHIGAN BL 0 8640433 2018 20181011 5704 20180602 310 131 6 5 4 5704 0 0 0 0 2 JEFFERSON BL MICHIGAN BL 0 8734240 2018 20181207 5704 20181101 321 6048 4 5 4 5704 0 0 0 0 2 ROCKROSE RD MICHIGAN BL 0 8906999 2019 20190826 5704 20190717 1350 6170 WSPD 3 5 4 5704 0 0 0 0 1 JEFFERSON BL MICHIGAN BL 0 9027624 2020 20200609 5704 20200205 1854 6062 3 5 4 5704 0 0 0 0 1 JEFFERSON BL MICHIGAN BL 0 9171957 2020 20201214 5704 20201027 1650 6089 2 5 4 5704 0 0 0 0 2 PECAN ST MICHIGAN BL 0 9199871 2020 20210224 5704 20201203 1610 6653 4 5 4 5704 0 0 0 0 2 POPLAR AV MICHIGAN BL 0 9230133 2021 20210409 5704 20210125 1836 6604 1 5 4 5704 0 0 0 0 2 JEFFERSON BL MICHIGAN BL 0 9315349 2021 20211008 5704 20210821 2102 6194 6 5 4 5704 0 0 0 0 2 WALNUT ST MICHIGAN BL 0 9448211 2022 20220531 5704 20220420 736 6017 3 5 4 5704 0 0 0 0 2 JEFFERSON BL MICHIGAN BL 0 9484041 2022 20220816 5704 20220717 1740 6194 7 5 4 5704 0 0 0 0 1 JEFFERSON BL MICHIGAN BL 0 DocuSign Envelope ID: DFB6F219-3215-4E9B-B199-8AD633E3B1BC 289
Appendix Exhibit F

2. West Sacramento Police Department Collision Data: January 2018 – December 2020
DocuSign Envelope ID: DFB6F219-3215-4E9B-B199-8AD633E3B1BC 290
From 1/1/2017 to 7/29/2022
Total Collisions: 108 Collision Summary Report
Injury Collisions: 30
Fatal Collisions: 0
Case ID Date Time Day of Week Location Offset Dist Direction Lighting Weather Conditions Parties at Fault Collision Type Collision with Cause Cause ID Hit and Run Injury # Injured # Killed 17-00431 1/25/2017 06:05 Wednesday WESTACRE RD - MEADOW RD 510' Direction: North Dusk - Dawn Clear Pty at Fault:1 Rear-End Parked Motor Vehicle Improper Turning 22107 Hit & Run: No Complaint of Pain # Inj: 1 # Killed: 0 17-00575 1/31/2017 08:40 Tuesday WESTACRE RD - MEADOW RD 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Broadside Other Motor Vehicle Auto R/W Violation 21800C Hit & Run: No Complaint of Pain # Inj: 1 # Killed: 0 17-01057 2/22/2017 06:50 Wednesday WESTACRE RD - WEST CAPITOL AVE 0' Direction: Not Stated Not Stated Not Stated Pty at Fault: Not Stated Other Motor Vehicle Unknown Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 17-01334 3/8/2017 07:34 Wednesday WESTACRE RD - WEST CAPITOL AVE 29' Direction: South Daylight Clear Pty at Fault:1 Hit Object Fixed Object Improper Turning 22107 Hit & Run: Misde Property Damage Only# Inj: 0 # Killed: 0 17-01471 3/13/2017 19:39 Monday WESTACRE RD - MEADOW RD 12' Direction: South Dark - Street Ligh Clear Pty at Fault:1 Broadside Other Motor Vehicle Auto R/W Violation 21800A Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 17-01915 4/3/2017 16:50 Monday WESTACRE RD - WEST CAPITOL AVE 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Vehicle - Pedestrian Pedestrian Pedestrian Violation 21456B Hit & Run: No Other Visible Injury # Inj: 1 # Killed: 0 17-02221 4/19/2017 07:35 Wednesday MICHIGAN BLVD - WESTACRE RD 0' Direction: Not Stated Not Stated Not Stated Pty at Fault: Broadside Other Motor Vehicle Unknown Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 17-02485 5/2/2017 17:23 Tuesday WEST CAPITOL AVE - WESTACRE RD 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Broadside Other Motor Vehicle Traffic Signals and Signs 21453A Hit & Run: No Complaint of Pain # Inj: 1 # Killed: 0 17-02934 5/21/2017 19:00 Sunday WEST CAPITOL AVE - WESTACRE RD 0' Direction: Not Stated Not Stated Not Stated Pty at Fault: Rear-End Other Motor Vehicle Unknown Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 17-03804 7/5/2017 19:23 Wednesday MERKLEY AVE - WESTACRE RD 0' Direction: Not Stated Not Stated Not Stated Pty at Fault: Broadside Other Motor Vehicle Unknown Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 17-04532 8/11/2017 15:45 Friday WEST CAPITOL AVE - WESTACRE RD 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Broadside Bicycle Traffic Signals and Signs 21453A Hit & Run: No Other Visible Injury # Inj: 1 # Killed: 0 17-04768 8/24/2017 07:40 Thursday MEADOW RD - WESTACRE RD 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Vehicle - Pedestrian Pedestrian Other Hazardous Movement 2815 Hit & Run: No Complaint of Pain # Inj: 1 # Killed: 0 17-05019 9/4/2017 13:51 Monday MERKLEY AVE - WESTACRE RD 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Broadside Other Motor Vehicle Unknown Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 17-05080 9/8/2017 07:27 Friday WESTACRE RD - MADRONE AVE 20' Direction: South Daylight Clear Pty at Fault:1 Sideswipe Other Motor Vehicle Improper Turning 22107 Hit & Run: Misde Property Damage Only# Inj: 0 # Killed: 0 17-05235 9/15/2017 12:45 Friday WEST CAPITOL AVE - WESTACRE RD 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Hit Object Fixed Object Improper Turning 22107 Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 17-05240 9/15/2017 19:16 Friday WESTACRE RD - 80' Direction: North Dusk - Dawn Clear Pty at Fault:1 Sideswipe Other Motor Vehicle Auto R/W Violation 21801A Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 17-05283 9/18/2017 14:29 Monday WESTACRE RD - MERKLEY AVE 5' Direction: South Daylight Clear Pty at Fault:1 Vehicle - Pedestrian Pedestrian Auto R/W Violation 21950A Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 17-05390 9/24/2017 12:15 Sunday WEST CAPITOL AVE - WESTACRE RD 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Broadside Other Motor Vehicle Traffic Signals and Signs 21453a Hit & Run: No Complaint of Pain # Inj: 2 # Killed: 0 17-05838 10/16/2017 17:50 Monday WEST CAPITOL AVE - WESTACRE RD 0' Direction: Not Stated Not Stated Not Stated Pty at Fault: Sideswipe Other Motor Vehicle Unknown Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 17-06666 11/30/2017 07:36 Thursday WESTACRE RD - ROCKROSE RD 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Other Motor Vehicle Auto R/W Violation 21802a Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 17-06941 12/12/2017 06:00 Tuesday WEST CAPITOL AVE - WESTACRE RD 0' Direction: Not Stated Not Stated Not Stated Pty at Fault: Other Motor Vehicle Unknown Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 17-07042 12/18/2017 17:15 Monday MADRONE AVE - WESTACRE RD 0' Direction: Not Stated Not Stated Not Stated Pty at Fault: Parked Motor Vehicle Unknown Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 18-02075 4/9/2018 11:44 Monday MERKLEY AVE - WESTACRE RD 0' Direction: Not Stated Not Stated Not Stated Pty at Fault: Other Motor Vehicle Unknown Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 18-02534 5/7/2018 10:22 Monday WESTACRE RD - MERKLEY AVE 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Other Motor Vehicle Auto R/W Violation 21801A Hit & Run: Misde Property Damage Only# Inj: 0 # Killed: 0 18-03045 6/4/2018 17:20 Monday WEST CAPITOL AVE - WESTACRE RD 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Other Motor Vehicle Traffic Signals and Signs 21453a Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 18-03338 6/16/2018 07:30 Saturday WEST CAPITOL AVE - WESTACRE RD 0' Direction: Not Stated Pty at Fault: Unknown Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 18-04591 8/17/2018 15:25 Friday MADRONE AVE - WESTACRE RD 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Broadside Other Motor Vehicle Auto R/W Violation 21801A Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 18-04638 8/19/2018 11:35 WESTACRE RD - LAUREL LN 90' Direction: South Daylight Clear Pty at Fault:1 Sideswipe Other Motor Vehicle Improper Turning 22107 Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 18-04800 8/27/2018 14:11 WEST CAPITOL AVE - WESTACRE RD 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Broadside Other Motor Vehicle Traffic Signals and Signs 21453a Hit & Run: No Other Visible Injury # Inj: 3 # Killed: 0 18-04809 8/27/2018 18:11 WEST CAPITOL AVE - WESTACRE RD 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Broadside Other Motor Vehicle Traffic Signals and Signs 21453a Hit & Run: No Other Visible Injury # Inj: 1 # Killed: 0 18-04902 8/31/2018 13:55 Friday WESTACRE RD - WILLOW AVE 111' Direction: South Daylight Clear Pty at Fault:1 Broadside Other Motor Vehicle Improper Turning 22107 Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 18-05831 10/17/2018 17:44 Wednesday WESTACRE RD - WEST CAPITOL AVE 100' Direction: South Daylight Clear Pty at Fault:1 Broadside Other Motor Vehicle Auto R/W Violation 21804A Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 18-06629 11/30/2018 20:01 Friday WESTACRE RD - MADRONE AVE 0' Direction: Not Stated Dark - Street Ligh Clear Pty at Fault:1 Hit Object Fixed Object Driving Under Influence 23152A Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 19-00058 1/4/2019 14:48 Friday WEST CAPITOL AVE - WESTACRE RD 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Sideswipe Other Motor Vehicle Improper Passing 21755 Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 19-0472 1/25/2019 13:15 Friday WESTACRE RD - MERKLEY AVE 0' Direction: Not Stated Not Stated Not Stated Pty at Fault: Not Stated Other Motor Vehicle Unknown Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 19-01169 2/21/2019 18:00 Thursday W CAPITOL AVE - WESTACRE RD 0' Direction: Not Stated Not Stated Not Stated Pty at Fault: Rear-End Parked Motor Vehicle Unknown Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 19-01191 2/28/2019 16:15 Thursday 1601 WEST CAPITOL AVE - WESTACRE RD 0' Direction: Not Stated Dusk - Dawn Clear Pty at Fault:1 Rear-End Other Motor Vehicle Unsafe Starting or Backing 22106 Hit & Run: Felony Complaint of Pain # Inj: 1 # Killed: 0 19-01349 3/8/2019 09:45 Friday WEST CAPITOL AVE - WESTACRE RD 0' Direction: Not Stated Pty at Fault: Unknown Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 19-01517 3/16/2019 14:40 Saturday WEST CAPITOL AVE - WESTACRE RD 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Sideswipe Other Motor Vehicle Unsafe Speed 22350 Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 19-01701 3/25/2019 15:00 Monday MICHIGAN BLVD - WESTACRE RD 0' Direction: Not Stated Pty at Fault: Unknown Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 19-02804 5/16/2019 11:20 Thursday EVERGREEN AVE - WESTACRE RD 0' Direction: Not Stated Daylight Cloudy Pty at Fault:1 Sideswipe Parked Motor Vehicle Improper Turning 22107 Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 19-03124 5/31/2019 08:40 Friday WESTACRE RD - LAUREL LN 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Broadside Other Motor Vehicle Auto R/W Violation 21802(a) Hit & Run: No Complaint of Pain # Inj: 2 # Killed: 0 19-03127 5/31/2019 10:48 Friday WEST CAPITOL AVE - WESTACRE RD 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Broadside Other Motor Vehicle Traffic Signals and Signs 21453(a) Hit & Run: Misde Property Damage Only# Inj: 0 # Killed: 0 19-03701 6/26/2019 17:47 Wednesday WESTACRE RD - WEST CAPITOL AVE 120' Direction: South Daylight Clear Pty at Fault:2 Broadside Bicycle Wrong Side of Road 21650.1 Hit & Run: No Complaint of Pain # Inj: 1 # Killed: 0 19-03777 6/30/2019 18:13 Sunday MERKLEY AVE - WESTACRE RD 0' Direction: Not Stated Daylight Clear Pty at Fault:2 Broadside Other Motor Vehicle Auto R/W Violation 21801A Hit & Run: No Complaint of Pain # Inj: 2 # Killed: 0 19-03927 7/6/2019 21:08 Saturday WESTACRE RD - WEST CAPITOL AVE 0' Direction: Not Stated Dark - Street Ligh Clear Pty at Fault:1 Broadside Bicycle Traffic Signals and Signs 21453(a) Hit & Run: No Other Visible Injury # Inj: 1 # Killed: 0 19-04279 7/22/2019 03:01 Monday WEST CAPITOL AVE - WESTACRE RD 0' Direction: Not Stated Dark - Street Ligh Clear Pty at Fault:1 Rear-End Other Motor Vehicle Unsafe Speed 22350 Hit & Run: Misde Property Damage Only# Inj: 0 # Killed: 0 19-04362 7/25/2019 15:31 Thursday PARK BLVD - WESTACRE RD 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Sideswipe Other Motor Vehicle Driving Under Influence 23152A Hit & Run: Misde Property Damage Only# Inj: 0 # Killed: 0 19-05028 8/23/2019 23:40 Friday WESTACRE RD - MADRONE AVE 0' Direction: Not Stated Dark - No Street Clear Pty at Fault:1 Hit Object Fixed Object Wrong Side of Road 21651A Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 19-05453 9/11/2019 15:30 Wednesday WESTACRE RD - MEADOW RD 430' Direction: South Daylight Clear Pty at Fault:1 Rear-End Bicycle Unsafe Speed 22350 Hit & Run: No Other Visible Injury # Inj: 1 # Killed: 0 19-05595 9/18/2019 00:12 Wednesday MADRONE AVE - WESTACRE RD Direction: Not Stated Dark - Street Ligh Clear Pty at Fault:1 Other Bicycle Unsafe Speed 22350 Hit & Run: Felony Other Visible Injury # Inj: 1 # Killed: 0 19-05897 10/2/2019 08:01 Wednesday WEST CAPITOL AVE - WESTACRE RD 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Sideswipe Other Motor Vehicle Traffic Signals and Signs 21453b Hit & Run: No Complaint of Pain # Inj: 1 # Killed: 0 19-06055 10/8/2019 23:08 Tuesday WESTACRE RD - MEADOW RD 15' Direction: South Dark - No Street Clear Pty at Fault:1 Hit Object Fixed Object Unsafe Speed 22350 Hit & Run: No Complaint of Pain # Inj: 1 # Killed: 0 19-06127 10/11/2019 19:55 Friday WESTACRE RD - MADRONE AVE 0' Direction: Not Stated Dark - No Street Clear Pty at Fault:1 Hit Object Fixed Object Improper Turning 22107 Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 19-06383 10/26/2019 12:26 Saturday WEST CAPITOL AVE - WESTACRE RD 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Rear-End Other Motor Vehicle Unsafe Speed 22350 Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 20-00681 2/7/2020 14:13 Friday WESTACRE RD - MADRONE AVE 0' Direction: Not Stated Daylight Clear Pty at Fault: Hit Object Fixed Object Other Improper Driving 21651(a)(1) Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 20-00745 2/10/2020 23:30 Monday WESTACRE RD - MICHIGAN BLVD 0' Direction: Not Stated Pty at Fault:
20-01566 3/24/2020 13:47 Tuesday WESTACRE RD - PARK BLVD 200' Direction: West Daylight Cloudy Pty at Fault:1 Sideswipe Parked Motor Vehicle Improper Turning 22107 Hit & Run: Misde Property Damage Only# Inj: 0 # Killed: 0 20-02095 5/1/2020 20:58 Friday WESTACRE RD - MADRONE AVE 0' Direction: Not Stated Dark - No Street Clear Pty at Fault:1 Hit Object Fixed Object Improper Turning 22107 Hit & Run: No Complaint of Pain # Inj: 1 # Killed: 0 20-02471 5/28/2020 07:58 Thursday WESTACRE RD - MEADOW RD 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Broadside Other Motor Vehicle Traffic Signals and Signs 22450(a) Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 20-03160 7/10/2020 16:18 Friday WEST CAPITOL AVE - WESTACRE RD 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Broadside Bicycle Traffic Signals and Signs 21453(a) Hit & Run: No Other Visible Injury # Inj: 1 # Killed: 0 20-03371 7/22/2020 21:04 Wednesday WESTACRE RD - ROCKROSE RD 81' Direction: North Dark - Street Ligh Clear Pty at Fault:1 Head-On Parked Motor Vehicle Driving Under Influence 23152(a) Hit & Run: No Complaint of Pain # Inj: 1 # Killed: 0 20-03384 7/23/2020 03:15 Thursday WEST CAPITOL AVE - WESTACRE RD 0' Direction: Not Stated Pty at Fault: Unknown Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 20-03676 8/7/2020 19:10 Friday WEST CAPITOL AVE - WESTACRE RD 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Hit Object Other Object Other Than Driver Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 20-03757 8/12/2020 13:53 Wednesday WEST CAPITOL AVE - WESTACRE RD 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Sideswipe Other Motor Vehicle Improper Turning 22100(a) Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 20-03876 8/19/2020 10:55 Wednesday MADRONE AVE - WESTACRE RD 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Hit Object Fixed Object Wrong Side of Road 21651(a)(1) Hit & Run: No Complaint of Pain # Inj: 1 # Killed: 0 20-04000 8/24/2020 14:10 Monday WEST CAPITOL AVE - WESTACRE RD 0' Direction: Not Stated Pty at Fault: Unknown Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 20-04022 8/26/2020 13:06 Wednesday WEST CAPITOL AVE - WESTACRE RD 0' Direction: Not Stated Pty at Fault: Unknown Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 20-04704 9/30/2020 15:12 Wednesday MERKLEY AVE - WESTACRE RD 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Head-On Other Motor Vehicle Other Hazardous Movement 21451A Hit & Run: No Other Visible Injury # Inj: 2 # Killed: 0 20-04778 10/4/2020 14:00 Sunday WESTACRE RD - MERKLEY AVE 0' Direction: Not Stated Daylight Clear Pty at Fault:0 Broadside Other Motor Vehicle Traffic Signals and Signs 21453(a) Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 20-05812 11/29/2020 11:00 Sunday WESTACRE RD - MERKLEY AVE 0' Direction: Not Stated Daylight Clear Pty at Fault:0 Broadside Other Motor Vehicle Traffic Signals and Signs 21453a Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 20-06401 12/30/2020 17:40 Wednesday MICHIGAN BLVD - WESTACRE RD 0' Direction: Not Stated Dusk - Dawn Clear Pty at Fault:1 Broadside Other Motor Vehicle Traffic Signals and Signs 22450(a) Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 21-00093 1/5/2021 17:52 Tuesday WESTACRE RD - MERKLEY AVE 0' Direction: Not Stated Dark - Street Ligh Clear Pty at Fault:1 Head-On Other Motor Vehicle Auto R/W Violation 21801A Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 21-00128 1/7/2021 19:49 Thursday WESTACRE RD - WEST CAPITOL AVE 0' Direction: Not Stated Dark - Street Ligh Clear Pty at Fault:1 Hit Object Fixed Object Improper Turning 22107 Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 21-00495 1/26/2021 17:00 Tuesday WILLOW AVE - WESTACRE RD 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Broadside Other Motor Vehicle Auto R/W Violation 21802(a) Hit & Run: No Complaint of Pain # Inj: 1 # Killed: 0 21-00538 1/27/2021 15:30 Wednesday WEST CAPITOL AVE - WESTACRE RD 0' Direction: Not Stated Pty at Fault: Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 21-00558 1/30/2021 01:05 Saturday WESTACRE RD - PORTSMOUTH AVE 110' Direction: North Dark - Street Ligh Clear Pty at Fault:1 Sideswipe Parked Motor Vehicle Improper Turning 22107 Hit & Run: Misde Property Damage Only# Inj: 0 # Killed: 0 21-01021 2/24/2021 17:16 Wednesday WESTACRE RD - MEADOW RD 0' Direction: Not Stated Dusk - Dawn Clear Pty at Fault:1 Rear-End Other Motor Vehicle Unsafe Speed 22350 Hit & Run: No Complaint of Pain # Inj: 1 # Killed: 0 21-01120 3/2/2021 18:01 Tuesday WESTACRE RD - WEST CAPITOL AVE 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Sideswipe Other Motor Vehicle Improper Passing 21755 Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 21-01196 3/5/2021 21:15 Friday WESTACRE RD - WILLOW AVE 0' Direction: Not Stated Dark - Street Ligh Clear Pty at Fault:1 Vehicle - Pedestrian Pedestrian Pedestrian Violation 21950B Hit & Run: No Complaint of Pain # Inj: 1 # Killed: 0 21-01630 3/30/2021 17:00 Tuesday WESTACRE RD - MEADOW RD 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Broadside Other Motor Vehicle Traffic Signals and Signs 22450(a) Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 21-01644 3/31/2021 11:40 Wednesday WEST CAPITOL AVE - WESTACRE RD 0' Direction: Not Stated Pty at Fault: Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 21-01700 4/3/2021 02:30 Saturday MEADOW RD - WESTACRE RD 0' Direction: Not Stated Dark - Street Ligh Clear Pty at Fault:1 Sideswipe Parked Motor Vehicle Improper Turning 22107 Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 21-01872 4/12/2021 17:30 Monday WESTACRE RD - WEST CAPITOL AVE 100' Direction: South Daylight Clear Pty at Fault:1 Rear-End Other Motor Vehicle Unsafe Speed 22350 Hit & Run: Misde Property Damage Only# Inj: 0 # Killed: 0 21-01983 4/17/2021 23:00 Saturday WESTACRE RD - PARK BLVD 50' Direction: North Dark - No Street Clear Pty at Fault:1 Sideswipe Parked Motor Vehicle Improper Turning 22107 Hit & Run: Misde Property Damage Only# Inj: 0 # Killed: 0 21-02285 5/3/2021 08:30 Monday WESTACRE RD - EVERGREEN AVE 30' Direction: North Daylight Clear Pty at Fault:1 Rear-End Other Motor Vehicle Following Too Closely 21703 Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 21-80030 5/28/2021 12:50 Friday WESTACRE RD - WEST CAPITOL AVE 0' Direction: Not Stated Daylight Pty at Fault:2 Broadside Other Motor Vehicle Improper Turning Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 21-02968 6/8/2021 18:24 Tuesday MERKLEY AVE - WESTACRE RD 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Broadside Other Motor Vehicle Traffic Signals and Signs 21453(a) Hit & Run: Misde Property Damage Only# Inj: 0 # Killed: 0 21-80101 7/27/2021 02:20 Tuesday WESTACRE RD - WILLOW AVE 0' Direction: Not Stated Daylight Pty at Fault:2 Rear-End Other Motor Vehicle Unsafe Starting or Backing Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 21-03889 7/31/2021 22:40 Saturday WEST CAPITOL AVE - WESTACRE RD 0' Direction: Not Stated Dark - Street Ligh Clear Pty at Fault:1 Hit Object Fixed Object Other Improper Driving Hit & Run: Misde Property Damage Only# Inj: 0 # Killed: 0 21-04056 8/2/2021 14:15 Monday MERKLEY AVE - WESTACRE RD 0' Direction: Not Stated Daylight Pty at Fault:2 Sideswipe Other Motor Vehicle Unsafe Starting or Backing Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 21-80119 8/10/2021 23:00 Tuesday MEADOW RD - WESTACRE RD 0' Direction: Not Stated Dark - Street Ligh Pty at Fault:2 Broadside Other Motor Vehicle Traffic Signals and Signs Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 21-04332 8/27/2021 08:04 Friday WESTACRE RD - EVERGREEN AVE 202' Direction: South Daylight Clear Pty at Fault:1 Sideswipe Bicycle Improper Turning 22107 Hit & Run: No Other Visible Injury # Inj: 1 # Killed: 0 21-80156 9/8/2021 18:00 Wednesday WEST CAPITOL AVE - WESTACRE RD 0' Direction: Not Stated Daylight Pty at Fault:2 Rear-End Other Motor Vehicle Unsafe Starting or Backing Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 21-80182 9/28/2021 15:00 Tuesday MICHIGAN BLVD - WESTACRE RD 0' Direction: Not Stated Daylight Pty at Fault:2 Sideswipe Parked Motor Vehicle Improper Passing Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 21-05759 11/15/2021 07:00 Monday WESTACRE RD - MERKLEY AVE 0' Direction: Not Stated Daylight Fog Pty at Fault:1 Head-On Other Motor Vehicle Auto R/W Violation 21801A Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 21-05867 11/22/2021 11:29 Monday WESTACRE RD - EVERGREEN AVE 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Broadside Other Motor Vehicle Traffic Signals and Signs 22450(a) Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 21-06109 12/6/2021 19:10 Monday WEST CAPITOL AVE - WESTACRE RD 0' Direction: Not Stated Dark - Street Ligh Raining Pty at Fault:1 Broadside Other Motor Vehicle Auto R/W Violation 21800(a) Hit & Run: No Complaint of Pain # Inj: 2 # Killed: 0 22-00253 1/17/2022 02:35 Monday WESTACRE RD - MADRONE AVE 0' Direction: Not Stated Dark - Street Ligh Clear Pty at Fault:1 Hit Object Fixed Object Improper Turning 22107 Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 22-00320 1/20/2022 19:25 Thursday WEST CAPITOL AVE - WESTACRE RD 0' Direction: Not Stated Dark - Street Ligh Clear Pty at Fault:1 Vehicle - Pedestrian Pedestrian Traffic Signals and Signs 21453(b) Hit & Run: Felony Other Visible Injury # Inj: 1 # Killed: 0 22-00789 2/16/2022 10:44 Wednesday WESTACRE RD - MADRONE AVE 99' Direction: SOUTH Daylight Not Stated Pty at Fault:1 Rear-End Parked Motor Vehicle Driving Under Influence 23152(f) Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 22-00933 2/24/2022 11:46 Thursday WESTACRE RD - WEST CAPITOL AVE 150' Direction: SOUTH Daylight Clear Pty at Fault:1 Broadside Other Motor Vehicle Auto R/W Violation 21804(a) Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 22-01194 3/9/2022 11:47 Wednesday WESTACRE RD - EVERGREEN AVE 30' Direction: EAST Daylight Clear Pty at Fault:1 Hit Object Fixed Object Wrong Side of Road 21650 Hit & Run: Misde Property Damage Only# Inj: 0 # Killed: 0 22-01753 4/11/2022 14:22 Monday WESTACRE RD - MERKLEY AVE 0' Direction: Not Stated Daylight Cloudy Pty at Fault:1 Broadside Other Motor Vehicle Traffic Signals and Signs 21451(a) Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 22-02083 4/29/2022 19:15 Friday WEST CAPITOL AVE - WESTACRE RD 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Hit Object Fixed Object Wrong Side of Road 21650 Hit & Run: No Complaint of Pain # Inj: 3 # Killed: 0 WSP-22-02493 5/24/2022 14:24 Tuesday WESTACRE RD - MEADOW RD 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Broadside Other Motor Vehicle Auto R/W Violation 21800(c) Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 WSP-22-03456 7/24/2022 12:05 Sunday MERKLEY AVE - WESTACRE RD 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Broadside Other Motor Vehicle Traffic Signals and Signs 21453(a) Hit & Run: No Property Damage Only# Inj: 0 # Killed: 0 DocuSign Envelope ID: DFB6F219-3215-4E9B-B199-8AD633E3B1BC 291
Michigan Blvd
From 1/1/2017 to 7/29/2022
Total Collisions: 49
Injury Collisions: 11
Fatal Collisions: 0
Case ID Date Time Day of Week Location Offset Dist. And Direction Lighting Weather Conditions
Parties at Fault Collision Type
1 17-00040 1/3/2017 11:37 Tuesday MICHIGAN BLVD - JEFFERSON BLVD 0' Direction: Not Stated Not Stated Cloudy Pty at Fault:1 Sideswipe 2 17-00976 2/18/2017 21:27 Saturday JEFFERSON BLVD - MICHIGAN BLVD 0' Direction: Not Stated Dark - Street Ligh Clear Pty at Fault:1 Rear-End 3 17-01506 3/2/2017 9:00 Thursday MICHIGAN BLVD - 501' Direction: Not Stated Pty at Fault:

Unknown
4 17-01426 3/11/2017 21:53 Saturday MAPLE ST - MICHIGAN BLVD 0' Direction: Not Stated Dark - Street Ligh Clear Pty at Fault:1 Broadside 5 17-01601 3/19/2017 20:20 Sunday MICHIGAN BLVD - WESTACRE RD 8' Direction: West Dark - Street Ligh Clear Pty at Fault:1 Rear-End 6 17-02044 4/12/2017 3:44 Wednesday MICHIGAN BLVD - PECAN ST 165' Direction: East Dark - Street Ligh Clear Pty at Fault:1 Rear-End 7 17-02221 4/19/2017 7:35 Wednesday MICHIGAN BLVD - WESTACRE RD 0' Direction: Not Stated Not Stated Not Stated Pty at Fault: Broadside 8 17-02906 5/22/2017 17:00 Monday JEFFERSON BLVD - MICHIGAN BLVD 0' Direction: Not Stated Not Stated 9 17-04424 8/6/2017 19:12 Sunday MICHIGAN BLVD - CHAPARRAL WAY 113' Direction: West Dark - Street Ligh Clear Pty at Fault:1 Broadside 10 17-06773 12/5/2017 16:15 Tuesday JEFFERSON BLVD - MICHIGAN BLVD 0' Direction: Not Stated Daylight Clear Pty at Fault:1 Sideswipe 11 18-00303 1/16/2018 07:45 Tuesday JEFFERSON BLVD - MICHIGAN BLVD 0' Direction: Not Stated Daylight Cloudy Pty at Fault:1 Broadside 12 18-01408 3/8/2018 00:34 Thursday MICHIGAN BLVD - WESTACRE RD 270' Direction: East Dark - Street Ligh Clear Pty at Fault:1 Sideswipe 13 17-02610 5/11/2018 19:22 Friday JEFFERSON BLVD - MICHIGAN BLVD 0' Direction: Not Stated Dusk - Dawn Clear Pty at Fault:1 Rear-End 14 18-02624 5/12/2018 17:52 Saturday JEFFERSON BLVD - MICHIGAN BLVD 0' Direction: Not Stated Daylight Clear Pty at Fault:0 Broadside 15 18-03004 6/2/2018 03:10 Saturday JEFFERSON BLVD - MICHIGAN BLVD 0' Dark - Street Ligh Clear Pty at Fault:1 Hit Object 16 18-03010 6/2/2018 14:35 Saturday JEFFERSON BLVD - MICHIGAN BLVD 0' Daylight Clear Pty at Fault:0 Head-On 17 18-05209 9/17/2018 16:13 Monday MICHIGAN BLVD - WALNUT ST 166' Direction: East Daylight Clear Pty at Fault:1 Sideswipe 18 18-06089 11/1/2018 03:21 Thursday ROCKROSE RD - MICHIGAN BLVD 0' Dark - Street Ligh Clear Pty at Fault:1 Head-On 19 19-00392 1/21/2019 18:20 Monday MICHIGAN BLVD - JEFFERSON BLVD 0' Not Stated Not Stated Pty at Fault: Not Stated 20 19-00980 2/18/2019 18:37 Monday MICHIGAN BLVD - POPLAR AVE 0' Dark - No Street Clear Pty at Fault:2 Broadside 21 19-01701 3/25/2019 15:00 Monday MICHIGAN BLVD - WESTACRE RD 0' Pty at Fault:
22 19-02968 5/24/2019 08:18 Friday MICHIGAN BLVD - CHAPARRAL WAY 0' Daylight Clear Pty at Fault:2 Vehicle - Pedestrian 23 19-03532 6/16/2019 19:05 Sunday MICHIGAN BLVD - ROCKROSE RD 0' Pty at Fault: Hit & Run: No 24 19-04179 7/17/2019 13:50 Wednesday JEFFERSON BLVD - MICHIGAN BLVD 0' Daylight Clear Pty at Fault:1 Hit Object 25 19-05268 8/29/2019 18:26 Thursday MICHIGAN BLVD - JEFFERSON BLVD 0' Pty at Fault:
26 19-06665 11/8/2019 12:10 Friday MICHIGAN BLVD - POPLAR AVE 0' Daylight Clear Pty at Fault:1 Broadside 27 20-00637 2/5/2020 18:54 Wednesday JEFFERSON BLVD - MICHIGAN BLVD 0' Dark - Street Ligh Clear Pty at Fault:1 Broadside 28 20-00745 2/10/2020 23:30 Monday WESTACRE RD - MICHIGAN BLVD 0' Pty at Fault: Unknown 29 20-01306 3/8/2020 02:00 Sunday PORTSMOUTH AVE - MICHIGAN BLVD 0' Pty at Fault: Unknown 30 20-02696 6/10/2020 14:45 Wednesday POPLAR AVE - MICHIGAN BLVD 0' Pty at Fault: Unknown 31 20-03141 7/9/2020 15:45 Thursday MICHIGAN BLVD - SEABROOK CT 0' Pty at Fault: Unknown 32 20-05189 10/27/2020 16:50 Tuesday PECAN ST - MICHIGAN BLVD 0' Daylight Clear Pty at Fault:1 Head-On 33 20-05895 12/3/2020 16:10 Thursday POPLAR AVE - MICHIGAN BLVD 0' Daylight Clear Pty at Fault:1 Broadside 34 20-06401 12/30/2020 17:40 Wednesday MICHIGAN BLVD - WESTACRE RD 0' Dusk - Dawn Clear Pty at Fault:1 Broadside 35 21-00480 1/25/2021 18:36 Monday JEFFERSON BLVD - MICHIGAN BLVD 0' Dark - Street Ligh Clear Pty at Fault:1 Rear-End 36 21-01017 1/28/2021 11:30 Thursday MAPLE ST - MICHIGAN BLVD 0' Pty at Fault:

DocuSign Envelope ID: DFB6F219-3215-4E9B-B199-8AD633E3B1BC 292
37 21-01695 2/25/2021 00:28 Thursday MICHIGAN BLVD - LILAC LN 100' Direction: East Dark - Street Ligh Clear Pty at Fault:1 Rear-End 38 21-80122 8/11/2021 18:30 Wednesday MICHIGAN BLVD - ROCKROSE RD 0' Dark - Street Ligh Pty at Fault:2 Sideswipe 39 21-04242 8/21/2021 21:02 Saturday WALNUT ST - MICHIGAN BLVD 0' Dark - Street Ligh Clear Pty at Fault:1 Hit Object 40 21-04267 8/23/2021 13:40 Monday MICHIGAN BLVD - POPLAR AVE 0' Daylight Clear Pty at Fault:1 Rear-End 41 21-04765 9/16/2021 14:09 Thursday PECAN ST - MICHIGAN BLVD 0' Daylight Pty at Fault:2 Rear-End 42 21-80182 9/28/2021 15:00 Tuesday MICHIGAN BLVD - WESTACRE RD 0' Daylight Pty at Fault:2 Sideswipe 43 21-05193 10/9/2021 12:00 Saturday MAPLE ST - MICHIGAN BLVD 0' Not Stated Pty at Fault:2 Sideswipe 44 21-05884 11/22/2021 16:00 Monday WALNUT ST - MICHIGAN BLVD 0' Daylight Pty at Fault:2 Head-On 45 22-00591 2/5/2022 18:48 Saturday MICHIGAN BLVD - CHAPARRAL WAY 0' Dark - Street Ligh Clear Pty at Fault:1 Broadside 46 2280057 2/9/2022 14:50 Wednesday PECAN ST - MICHIGAN BLVD 0' Daylight Not Stated Pty at Fault:2 Sideswipe 47 22-01900 4/20/2022 07:36 Wednesday JEFFERSON BLVD - MICHIGAN BLVD 0' Daylight Clear Pty at Fault:1 Rear-End 48 WSP-22-027796/11/2022 13:00 Saturday MICHIGAN BLVD - ROCKROSE RD 180' West Daylight Clear Pty at Fault:1 Sideswipe 49 WSP-22-033367/17/2022 17:40 Sunday JEFFERSON BLVD - MICHIGAN BLVD 0' Daylight Clear Pty at Fault:1 Broadside 50 51 Michigan Boulevard between Pecan Street and Portsmouth Avenue 52 Michigan Boulevard between Portsmouth Avenue and Jefferson Boulevard. 53 54
55 56
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83 DocuSign Envelope ID: DFB6F219-3215-4E9B-B199-8AD633E3B1BC 293
Mott MacDonald | Engineering & Traffic Surveys 16
Final Report
mottmac.com

DocuSign Envelope ID: DFB6F219-3215-4E9B-B199-8AD633E3B1BC 294

CITY COUNCIL AGENDA REPORT
MEETING DATE: April 19, 2023 ITEM # 6
SUBJECT:

CONSIDERATION OF APPROVAL OF AMENDMENT #3 TO THE PROFESSIONAL

SERVICES CONTRACT WITH BENNETT ENGINEERING SERVICES FOR THE E & F STREETS FRONTAGE IMPROVEMENT PROJECT (CIP 15047)
INITIATED OR REQUESTED BY: REPORT PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Joanna Ortiz, Assistant Engineer
Capital Projects Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is to provide the City Council with sufficient information for approval of Amendment Number 3 to the professional services contract with Bennett Engineering Services for the E & F Streets Frontage Improvement Project (CIP 15047).

RECOMMENDED ACTION
Staff respectfully recommends that the City Council approve and authorize the City Manager or his designee to execute Amendment #3 for the professional services contract with Bennett Engineering Services.

BACKGROUND
The Washington District is a 194-acre area bounded by Tower Bridge Gateway on the south, the Sacramento River on the east, A Street on the north, and portions of 6th Street and 8th Street on the west. Located along West Sacramento’s riverfront and within a mile of downtown Sacramento, the Washington District is an area that has potential for sustainable, mixed-use development. The City of West Sacramento has been prioritizing investment in planning, deindustrialization, and infrastructure improvements in the Washington District of the City to facilitate redevelopment and create vital neighborhoods along the Sacramento River.

The City’s dedication to the Washington District has been very apparent. In 2019, the City completed the $17 million Washington District Sustainable Community Infrastructure Project, which is the most significant neighborhood investment project the City has embarked upon to date. To build upon this progress, the Council approved 2019 and 2020 Community Development Block Grant (CDBG) allocations totaling $766,490 for the E & F Streets Frontage Improvement Project within the Washington Neighborhood. The project is located along both sides of E Street and of F Street between 5th and 6th Streets.

The project will address infrastructure deficiencies by completing disconnected sidewalk and street crossing networks to support walkability and connectivity to public transportation and riverfront trails. The project will also include the implementation of new street lighting and new ADA curb ramps. Landscaping and irrigation will be added, similar to landscaping recently constructed within the Washington District.

City staff solicited proposals for professional services with a Request for Proposal (RFP) posted to the City website on August 5, 2020. The City received proposals from the following three firms, listed in alphabetical order:
 Bennett Engineering Services
 BKF
 TJKM
A three (3) person panel ranked and evaluated proposals. The panel concluded that Bennett was the most qualified to complete this assignment.

ANALYSIS
Due to the location of the E & F Streets Frontage Improvement Project (Project), the environmental review process has continued for longer than anticipated. The Project is currently under State Historic Preservation Office (SHPO) review. Due to this delay in the environmental process, the City will need to extend the term for the consultant contracts to continue to finalize the Plans, Specifications & Estimate (PS&E) and to complete the bidding and construction for the Project.
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Page 2 of 2 ends

This Amendment #3 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.

Environmental Considerations
Activities receiving CDBG funding must satisfy all National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) requirements. The U.S. Department of Housing and Development (HUD) requires the City to complete all required NEPA reviews prior to initiating any grant activity. The City is currently under contract with LSA to complete environmental requirements.

Commission Recommendations
Not Applicable. The contract was not presented to any Commissions since the recommended action does not include any new policy implication or direction.

Strategic Plan Integration
Not Applicable.

Alternatives
The 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.

Alternative 1 is staff’s recommended action. Delay of the project or not approving the recommended action would jeopardize the meeting of CDBG timely expenditure deadlines and therefore would jeopardize the CDBG funding allocations for the project.

Coordination and Review
This report was prepared by the Capital Projects Department in coordination with and review by the Economic Development & Housing Department.

Budget/Cost Impact
This Amendment #3 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 3 to the Contract for Professional Services with Bennett Engineering. 296
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AMENDMENT NO. 3
To the

CONTRACT FOR SERVICES
Between the

CITY OF WEST SACRAMENTO
And

BENNETT ENGINEERING SERVICES
Dated October 14, 2020
This Amendment No. 3 to the Contract for Services between the City of West Sacramento (City) and Bennett Engineering Services (Consultant) dated October 14, 2020, for the E & F Streets Frontage Improvement Project, is made and entered into this 19th day of April 2023. Except as expressly amended herein, the October 14, 2020, Contract for Services is in full force and effect.

RECITALS
WHEREAS, the City and Consultant executed an Agreement for Professional Services dated October 14, 2020 for the design of the E & F Streets Frontage Improvement Project; and WHEREAS, the Project has been delayed due to environmental requirements; and WHEREAS, the City and Consultant desire to amend said Contract to incorporate certain federal law provisions, which apply to work funded by federal funds.

WHEREAS, the City and Consultant desire to amend said Contract.

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

I. COMPLIANCE WITH ALL LAWS (A): shall read as follows:

Consultant shall comply with all applicable laws, ordinance, and codes of federal, State and local governments, including but not limited to the federal provisions included in Exhibit "A" of this Contract. In the event of an apparent conflict between Exhibit A and any other provision of this Contract, Exhibit "A" controls. Moreover, Consultant 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.

II. FEDERAL PROVISIONS: Exhibit "A" to the Contract (Federal Provisions), attached hereto, is hereby added to the Contract.

III. TERM:

The original term set forth in the Contract for Services dated October 14, 2020, shall be revised to extend through December 31, 2024.
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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
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EXHIBIT A

FEDERAL CONTRACT PROVISIONS
2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses In the event of any contradictions or inconsistencies between these provisions and the provisions of the Agreement itself, the terms of this Exhibit shall control. ☒TERMINATION FOR CAUSE (in addition to standard Termination language) Criteria: All Contracts over $10k

1. In the event of any default by the Consultant as described below, the City may, after giving ten (10) days’ written notice to the Consultant, terminate the Consultant’s right to proceed with the Work or any part of the Work in the City’s sole discretion. Events of default include:
a. Failure or refusal to prosecute the Work, or any separable part thereof, with such diligence as will ensure the completion within the time specified in the Contract, or any extension thereof, or failure to complete said work within such time. b. Filing of bankruptcy by the Consultant, or the making of a general assignment for the benefit of its creditors, or appointment of a receiver on account of Consultant’s insolvency without discharge of the receiver within ten (10) days after its appointment.
c. Failure to make prompt payments to Subcontractors or suppliers. d. Persistent disregard of laws, ordinances, or the instructions of the City, or other substantial violation of any provision of the Contract.

2. In the event the right of the Consultant to proceed with the Work, or any portion thereof, has been terminated because of the default of the Consultant and the Consultant has been given ten (10) days’ notice to cure such fault and has not done so, the City may take over the Work and prosecute the same to completion by contract or any other method the City deems expedient, and may take possession of and utilize in completing the Work such materials, appliances, equipment and plant as may be on the site of the Work and necessary therefore. In such event, the Consultant and its sureties shall be liable for all damages including costs of managerial and administrative services, engineering, legal and other consultant fees, and liquidated damages sustained or incurred by the City.

3. Upon termination, the Consultant shall not be entitled to receive any further payment until the Work is finished. If upon completion of the Work the total cost to the City, including engineering, legal and other consultant fees, costs of managerial and administrative services, construction costs, and liquidated damages shall be less than the amount which would have been paid if the Work had been completed by the Consultant in accordance with the terms of the Contract, then the difference shall be paid to the Consultant in the same manner as the final payment under the Contract. If the total cost incurred by the City on account of termination of the Contract and subsequent completion of the Work by the City by whatever method the City may deem expedient shall exceed said amount which the Consultant would otherwise have been paid, the Consultant and its sureties shall be liable to the City for the full amount of such excess expense.

4. The rights and remedies of the City provided in this section are in addition to any of the rights and remedies provided by the law or under this Contract. 299
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☒ EQUAL EMPLOYMENT OPPORTUNITY 41 CFR Part 60-1.4b
Criteria: Construction or repair work. Select either Government Contracts or Federally Assisted Construction Contracts.

Criteria: Government Contracts
During the performance of this contract, the contractor agrees as follows

1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.

The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

4. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

7. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 300
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8. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
☐ Criteria: Federally assisted construction contracts
Except as otherwise provided, each administering agency shall require the inclusion of the following language as a condition of any grant, contract, loan, insurance, or guarantee involving federally assisted construction which is not exempt from the requirements of the equal opportunity clause: The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:

During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.

The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

4. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

8. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with 302
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these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

Subcontracts. Each nonexempt prime contractor or subcontractor shall include the equal opportunity clause in each of its nonexempt subcontracts.

Inclusion of the equal opportunity clause by reference. The equal opportunity clause may be included by reference in all Government contracts and subcontracts, including Government bills of lading, transportation requests, contracts for deposit of Government funds, and contracts for issuing and paying U.S. savings bonds and notes, and such other contracts and subcontracts as the Director of OFCCP may designate.

Incorporation by operation of the order. By operation of the order, the equal opportunity clause shall be considered to be a part of every contract and subcontract required by the order and the regulations in this part to include such a clause whether or not it is physically incorporated in such contracts and whether or not the contract between the agency and the contractor is written.

Adaptation of language. Such necessary changes in language may be made in the equal opportunity clause as shall be appropriate to identify properly the parties and their undertakings. ☒ DAVIS-BACON ACT (40 U.S.C. §§ 3141-3144 and 3146-3148) Criteria: Construction or repair work (not applicable to FEMA)

1. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.

2. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

3. Additionally, contractors are required to pay wages not less than once a week. ☒ COPELAND ANTI-KICKBACK ACT
Criteria: Construction or Repair Work >$2k (not applicable to FEMA)

1. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.

2. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
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3. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment
☐ CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Criteria: Construction or Repair contracts >$100k involving employment of Mechanics or Laborers (does not apply to purchase or service contracts)

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a) of this section.

3. Withholding for unpaid wages and liquidated damages. The City of West Sacramento shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b) of this section.

4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a) through (d) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a) through (d) of this section.
☐ Rights to Inventions Made Under a Contract or Agreement.

Criteria: Funding agreement (not applicable to FEMA)
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights 304
Bennett Engineering Services
CP21-012 E & F Streets Frontage Improvement
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to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
☒ CLEAN AIR ACT
Criteria: All contracts over $150k
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

1. The contractor agrees to report each violation to the City of West Sacramento and understands and agrees that the City of West Sacramento will, in turn, report each violation as required to assure notification to the State of California, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

2. The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. ☒ FEDERAL WATER POLLUTION CONTROL ACT
Criteria: All contracts over $150k

1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

2. The contractor agrees to report each violation to the City of West Sacramento and understands and agrees that the City of West Sacramento will, in turn, report each violation as required to assure notification to the State of California, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

3. The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. ☐ DEBARMENT AND SUSPENSION
Criteria: Over $25k
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment 305
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and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

5. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. § 180.935).

6. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

7. This certification is a material representation of fact relied upon by the City of West Sacramento. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City of West Sacramento, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The City will insure the Contractor and any lower participants are not debarred by checking the government’s System Award Management (SAM).

8. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
☒ BYRD ANTI-LOBBYING AMENDMENT 31 U.S.C. § 1352 (AS AMENDED) Criteria: All contracts require. Any contracts over $100k also require additional certification. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with nonFederal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

Contractors who apply or bid for an award of $100,000 or more shall file the required certification (see Appendix A, 44 C.F.R Part 18 – Certification Regarding Lobbying). Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonFederal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.
☒ RECORD RETENTION
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Criteria: All contracts
In addition to the reports specified in this Agreement, Consultant shall retain the records required by the applicable provisions of 2 CFR § 200.333, no less than three (3) years after City's final payment to Consultant under this Agreement and provide the City with the reports required pursuant to 2 CFR §§ 200.328 and 200.343, and such other records and reports as the City may reasonably require in the administration of this Agreement. Consultant shall keep all other necessary books and records, including property, personnel, loan documentation and financial records, in connection with the operation and services performed under this Agreement, in accordance with 2 CFR §200.333
☒ NO OBLIGATION BY FEDERAL GOVERNMENT
Criteria: All contracts
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, Consultant, or any other party pertaining to any matter resulting from the contract.
☐ PROCUREMENT OF RECOVERED MATERIALS
Criteria: All contracts over $10k where work involves the use of materials (J) §200.323 Procurement of recovered materials.

A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines."

1. In the performance of this contract, the Consultant shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired—

2. Competitively within a timeframe providing for compliance with the contract performance schedule;

3. Meeting contract performance requirements; or

4. At a reasonable price.
a. Information about this requirement, along with the list of EPA- designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. 307
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☐ Prohibition on certain telecommunications and video surveillance services or equipment.

Criteria: Contracts related to telecommunications or video surveillance or equipment (K) §200.216 Prohibition on certain telecommunications and video surveillance services or equipment.
(a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:
(1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.
(c) See Public Law 115-232, section 889 for additional information. (d) See also §200.471."
☐ Domestic preferences for procurements
Criteria: All contracts over $10k where work involves the use of materials (L) §200.322 Domestic preferences for procurements.
(a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of 308
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goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section:
(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber." 309

CITY COUNCIL AGENDA REPORT
MEETING DATE: April 19, 2023 ITEM # 7
SUBJECT:

CONSIDERATION OF APPROVAL OF PRE-QUALIFIED ON-CALL LIST OF

CONSULTANTS FOR BUILDING PLAN REVIEW AND INSPECTION SERVICES INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Roxanna Recinos-Serna
Community Development Department
ATTACHMENT [ ] Yes [X] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The purpose of this report is to facilitate City Council consideration of a pre-qualified on-call list of consultants to provide as-needed plan review and building inspection support services starting July 1, 2023.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council approve a pre-qualified on-call list for plan review and building inspection support services.

BACKGROUND
The Community Development Department’s Building Division has used the services of outside firms for building permit plan review and inspection almost since incorporation in 1987 via a competitive process to award a comprehensive building services contract to a single firm. The most recent Agreement for Professional Services expired on September 22, 2022. The Division continues to experience challenges successfully recruiting two (2) Full-Time Employee (FTE) Building Inspector II/Senior Building Inspector positions and one (1) FTE Plans Examiner II/Senior Plans Examiner position. As an alternative to maintain operational continuity of services, we have executed two separate contracts with consulting firms to conduct overflow inspection work and plan review services while awaiting implementation of the Request for Qualifications process.

Without consultants, plan review times would be longer and next day inspections would not always be available, delaying approval of permits and construction of current and future development projects within the City.

Developing a pre-qualified on-call list reduces staff time and expedites project delivery by avoiding repeated solicitations of qualifications and review of proposals. A pre-qualified on-call list creates a shortlist of preapproved consultants, providing the City with flexibility to utilize different consultants based on their subject expertise and availability of necessary services. During the time period that the proposed list is viable and in use, staff anticipates that on-call services will be required for plan review services and construction inspections, covering specialty assignments for certain technical projects and to augment staff during vacancies.

ANALYSIS
A Request for Qualifications (RFQ) for on-call plan review and building inspection support services was issued January 18, 2023 through the City’s OpenGov Procurement system. Staff received responses from eleven (11) firms, with only ten (10) firms submitting complete proposals.

After the expiration of the RFQ submittal period, staff representing Community Development and Capital Projects reviewed the proposals. After careful consideration of each firm’s qualifications, staff recommends seven firms to be placed on the City’s on-call list. The individual firms which staff are recommending possess levels of expertise in varying areas of plan review, permitting and inspections of residential, commercial, and government buildings and structures. Most recommended firms have offices within the greater Sacramento area, and one firm from the Bay Area. They range in size from smaller local firms to large firms with an international presence.

Staff recommends approval of the following firms:

Shums Coda Associates 4LEAF, Inc. TRB + Associates
CSG Consultants West Coast Code Consultants, Inc. BPR Consulting Group Bureau Veritas North America, Inc.
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Plan Review and Inspection Building Consultant On-Call List April 19, 2023

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As the need for plan review and building inspection support services is identified, services will be contracted with one of the consultants from the on-call list through a Contract for Services in accordance with the City’s Purchasing Policy. Having seven firms on a short list will save staff time in soliciting and reviewing proposals, while still complying with the City’s Purchasing Policy. Contracts under $50,000 will be executed by the City Manager and contracts greater than $50,000 will be agendized for approval by the City Council.

This pre-qualified on-call list of consultants will be valid for three (3) years, and eligible for two (2), one (1) year extensions. This on-call list does not preclude City staff from holding separate solicitations for additional services.

Staff anticipates using the list almost immediately for development projects which will need plan review and building inspection reviews.

Environmental Considerations
This action is not a project that is subject to the California Environmental Quality Act (CEQA) because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change to the environment. (Pub. Resources Code, 21065; CEQA Guidelines 15060(c), 15378(a).) 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
These recommendations support the City Council’s mission to provide Quality Municipal Services and a City government that is financially sound.

Alternatives
The City Council’s primary alternatives are summarized below.

1. Approve the recommended on-call list for plan review and inspection support services.

2. Reject all proposals and direct staff to repeat the Request for Qualifications process.

Alternative 1 is staff’s recommended action. While staff believes the analysis presented in this report is correct, staff is prepared to effectuate Alternative 2 at the Council’s direction.

Coordination and Review
Statements of Qualifications have been evaluated by staff from the Community Development and Capital Projects Departments.

Budget/Cost Impact
The cost of the proposed contracts will be recovered through Building plan review and inspection fee revenues, which are supported by the General Fund. The appropriation for these contracts are included in the O&M budget reviewed and to be approved by Council on June 21, 2023.

ATTACHMENT(S)
None
311

CITY COUNCIL AGENDA REPORT
MEETING DATE: April 19, 2023 ITEM # 8
SUBJECT:

CONSIDERATION OF ADOPTION OF RESOLUTION 23-33 DECLARING CITY-OWNED PROPERTY LOCATED AT 2525 JEFFERSON BOULEVARD AS SURPLUS PROPERTY INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Diane Richards, Economic Development Manager
Economic Development & Housing Department
Fred Arnold, Real Property/Asset Manager
Capital Projects Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is to provide information to the City Council to consider adoption of Resolution 23-33 declaring City-owned Property located at 2525 Jefferson Boulevard as surplus property.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt Resolution 23-33 declaring City-owned property located at 2525 Jefferson Boulevard as surplus property.

BACKGROUND
The original two-story structure at present-day 2525 Jefferson Boulevard was built in 1912 as an agronomy laboratory for the study of delta soils and agriculture. In 1935, Luisa and George Palamidessi acquired the Property and opened a restaurant known as the Hideaway Inn (and later renamed Club Pheasant). Club Pheasant was the only restaurant destination in the area and grew to become a regional landmark. Over the years, the Palamidessi family invested in several building improvements expanding the restaurant capacity and operational areas.

In June 2022, the Palamidessi Family announced that after 87 years of operating Club Pheasant, they had made the difficult decision to close the restaurant and retire. A key component of the plan included the sale of the Property. Earlier in 2022, the Palamidessi family engaged a real estate broker to assist them to select a buyer for the Property. Reportedly, the Property was marketed to other restaurant operators, retailers, and developers.

In June, Ridge Capital and the Palamidessi Partnership entered into a Purchase Agreement for the entire Property.

Over the summer of 2022, staff engaged in discussions with Ridge Capital about their potential development plans for the Property. While no concrete plans had been developed by Ridge Capital, the full redevelopment of the Property, including demolition of the restaurant building, was a strong potential outcome. As a result of those discussions, the City explored the possibility of acquiring the Property through the assignment of the current purchase contract from Ridge Capital to the City. Acquisition of the Property by the City would provide the opportunity to explore the improvement and reuse of the building and Property for community-oriented uses, and preserve the legacy of the Property as a West Sacramento landmark.

On November 16, 2022, the City Council approved Resolution 22-138 granting authority to City staff to move forward with purchase of the Property. The City and owners of Club Pheasant, the Palamidessi Partnership, closed escrow on December 20, 2022.

ANALYSIS
As noted above, the City’s goal for the Property is to explore improvement and adaptive reuse of the existing building for community-oriented uses, including a potential restaurant, and to preserve the legacy of the Property as a West Sacramento landmark. The City is also required to comply with the California Surplus Land Act (the “Act”). Since 2017, the Act has been amended several times with the goal of strengthening and facilitating use of publicly owned surplus property for affordable housing development within the State. On October 9, 2019, Assembly Bill 1486 was approved, giving oversight to the Department of Housing and Community Development (HCD), requiring agencies to issue a Notice of Availability (NOA) to affordable housing developers and other public and nonprofit agencies for property declared as surplus. 312
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According to the Act, surplus land is defined as any property owned in fee simple by the City which the City does not need for public purposes. Pursuant to the Act, the City must take formal action by adopting a resolution (Attachment 1) to declare the Property surplus and issuing the NOA to HCD, as well as HCD’s certified list of affordable housing developers, other public agencies, schools and non-profit agencies. These entities are provided a 60-day period to notify the City of their interest in the Property. If any interest is received, the City is required to negotiate in good faith for up to 90 days on price and terms.

If pricing and terms cannot be met that also accomplish the City’s goals for the Property, then the requirements of the Act have been met and the City notifies HCD accordingly. At that time, the City may begin marketing to the general public and conduct negotiations for the disposition of the Property with the continued goal of improving the Property for community-oriented uses, including a potential restaurant, and preserving the Property’s legacy as a West Sacramento landmark.

Environmental Considerations
On November 16, 2022, the City Council found that acquisition of the Property was exempt from California Environmental Quality Act (CEQA) analysis under the Class 1 (Existing Facilities) and Class 32 (Infill Development Projects) Categorical Exemptions, under California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15332 and that the Exemption reflects the independent judgment of the City as lead agency under CEQA; and directed staff to file a Notice of Exemption. The Notice of Exemption was recorded on January 23, 2023.

City staff has determined that the designation of this Property as surplus land does not have the potential to create a significant effect on the environment and is therefore exempt from further review under California Environmental Quality Act pursuant to CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by CEQA Guidelines Section 15378. Adoption of the Resolution and declaring this Property as surplus land does not have the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. If and when the Property is sold to a purchaser and that purchaser proposes a use for the Property that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA.

Commission Recommendation
Not applicable.

Strategic Plan Integration
The recommended action is required to enable the City to market and negotiate the disposition of the Property.

Alternatives
In addition to the recommended action, the primary alternatives include:

1. Decline approval of Resolution 23-33, declaring the property as surplus land; or

2. Postpone consideration of Resolution 23-33 until a later date.

These alternatives are not recommended as the City is required to declare the Property as surplus land in order to move forward with redeveloping the site. Due to the noticing and negotiation requirements outlined in the Surplus Land Act, timing is critical to avoid further delays with the City’s ability to negotiate the sale or lease of the Property.

Coordination and Review
This report has been coordinated with the Capital Projects Department, City Manager’s Office and the City Attorney.

Budget/Cost Impact
There is no budget impact associated with the recommended action.

ATTACHMENT(S)

1. Resolution 23-33
313
RESOLUTION NO. 23-33

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY IDENTIFIED AS 2525 JEFFERSON BOULEVARD (APN: 046-020-048-000) AS SURPLUS LAND
WHEREAS, the City of West Sacramento ("City") is the owner in fee simple of certain real property situated in the City identified as 2525 Jefferson Boulevard (APN: 046-020-048-000) and containing approximately 2.15 acres and depicted on Exhibit "A", attached hereto and made a part of hereof ("Property"); and
WHEREAS, the California Surplus Lands Act (Cal. Gov. Code§§ 54220 rt seq.) ("Act") as modified by California Assembly Bill 1486, effective October 9, 2019, provides the framework and state law requirements for disposal of a local agency's surplus real property; and WHEREAS, under the Act, surplus land is land owned in fee simple by the City for which the City takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City's use; and
WHEREAS, the City desires to declare that the Property is surplus land and not necessary for the City's use; and
WHEREAS, the City desires improvement of the Property to support community-oriented uses, including a potential restaurant;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Sacramento as follows:

SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. The City Council hereby declares that the Property is surplus land and not necessary for the City's use.

SECTION 3. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA ").

City staff has determined that the designation of this Property as surplus land does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the Resolution and declaring this Property surplus land does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. If and when the Property is sold to a purchaser and that purchaser proposes a use for the Property that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA.

SECTION 4. The City Manager, or designee, is hereby directed to send a notice of availability to the entities designated in Government Code Section 54222 ("designated entities") by electronic mail or by certified mail.

SECTION 5. The City Manager, or designee, is further directed to do all things which they may deem necessary or proper to effectuate the purposes of this resolution including negotiating in good faith in accordance with the requirements of the Act with any of the designated entities that submit a written notice of interest to purchase or lease the Property in compliance with the Act.

SECTION 6. The City Clerk shall attest to the passage of this resolution and it shall thereupon be in full force and effect.
314
APPROVED AND PASSED this 19th day of April, 2023
______________________
Martha Guerrero, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________ __________________________ Jennifer Cusmir, City Clerk Jeffrey Mitchell, City Attorney AYES: NOES: ABSENT:

ABSTAIN:
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316
depicted. Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure dimensions, distances, location of easements, This map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other land, and is not a survey of the land acreage or other matters shown thereon.

Non-Order Search Page 1 of 2 Requested By: Debbie.Faltesek, Printed: 6/16/2022 11:23 AM Doc: CAYOLO:MMAP 2000-00007
317
depicted. Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure dimensions, distances, location of easements, This map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other land, and is not a survey of the land acreage or other matters shown thereon.

Non-Order Search Page 2 of 2 Requested By: Debbie.Faltesek, Printed: 6/16/2022 11:23 AM Doc: CAYOLO:MMAP 2000-00007
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CITY COUNCIL AGENDA REPORT
MEETING DATE: April 19, 2023 ITEM # 9
SUBJECT:

CONSIDERATION AND APPROVAL OF EXERCISE OF OPTION TO EXTEND THE TERM OF THE ALURA AT WASHINGTON SQUARE (FOUR 40 WEST) DEVELOPMENT AGREEMENT WITH BLACKPINE 440 WEST, LLC
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ X ] Staff
[ ] Other
Amber Saiyasit, Program Manager
Economic Development & Housing
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The purpose of this item is to facilitate the Council’s consideration of whether to exercise the City’s option to extend the term of an existing Development Agreement (DA) between Blackpine 440 West, LLC and the City of West Sacramento (City) for a future project located at 412-420 & 425 6th Street in the Washington District (see Attachment 1, Location Map).

RECOMMENDED ACTION
Staff respectfully recommends that the City Council approve the exercise of the City of the option to extend the terms of the Aura at Washington Square (Four 40 West) Development Agreement for an additional six months, setting the Agreement’s expiration to November 13, 2023.

BACKGROUND
The Washington District of West Sacramento (the “District”) is a priority area for compact, transit-served, mixeduse growth due to its existing mix of uses, riverfront location, historic architecture, large office buildings and connected and walkable street grid pattern. The District is an urban area bounded by Tower Bridge Gateway on the south, the Sacramento River on the east, A Street on the north, and portions of Sixth and Eighth Street on the west. In 2011, despite its proximity to economic generators, the neighborhood was lacking in contemporary economic vitality due to numerous vacant and underutilized properties, infrastructure deficiencies, substandard housing, brownfields, and security concerns.

In 2015, the City Council approved a Sustainable Community Strategy (“Washington Realized”) which identified strategies and improvements to address these challenges. The recommendations were shaped by two years of community engagement and extensive technical studies and analyses, which included housing. The housing chapter identified approximately 1,360 dwelling units in the Washington study area, of which 275 (20%) are restricted to affordability for lower income households compared to 9% affordable units citywide in 2015. Another 297 affordable units are located within a one-half mile radius, close enough to take advantage of jobs and transit resulting from infill development. Much of the existing housing stock in the District is aging and substandard and the percentage of owner-occupied residential units remains very low. Of the total housing, 54% of the housing was built before 1970 as compared to 39% citywide.

Since 2015, the City has completed many of the recommended improvements identified in Washington Realized, investing over $15 million dollars in one of the oldest neighborhoods in the City. These projects have secured state and federal assistance grants matched by local funds. As the character of the District has evolved, several new restaurants and small businesses have been attracted to the District and the City has begun implementing urban parking. A new Washington Specific Plan based on Washington Realized and other updates to policies and recommendations is underway.

While there is significant interest from investors and developers in new residential development in the Washington District, real estate development is highly cost sensitive, and the City competes with downtown and midtown Sacramento for development activity. Downtown and midtown Sacramento have significantly lower fees and slightly higher rents. New residential development in Washington has been occurring at a slower pace than in the Bridge District, which has implemented urban fee methods. Currently, West Sacramento fees are largely governed by suburban financing approaches which tend to overburden urban development. Most urban development in Washington has been government driven (e.g., CalSTRS) or due to an existing vesting status. 319
Four 40 West DA Extension
April 19, 2023

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Project History
In 2006, the Planning Commission approved a Tentative Subdivision Map for the Four 40 West project, known at the time as the Alura Project, located on a 1.05-acre site at 412, 416, & 420 6th Street in Washington. Since the approval of the original map, the project has received multiple approvals for map modifications and extensions (see Attachment 2 for entitlement history). Currently, the project has two associated Tentative Maps, Tentative Map 4936 (“TM 4936”) and Tentative Map 5211 (“TM 5211”), combined creating a 7.4-acre project of 106 single-family residential units and a neighborhood park.

On October 14, 2020, the City Council approved a Development Agreement (DA) with Blackpine, LLC to provide the project a one-year time extension for TM 4936 with an option to extend for an additional year, as TM 4936 was set to expire November 15, 2020. The extension was to allow the developer time to incorporate TM 5211 into the project’s DA through a Restated and Amended DA, which would add a neighborhood park and additional developable area into the project’s vested entitlements. On October 20, 2021, the authorized parties of the DA executed the option to extend the DA for an additional year, setting the expiration of the DA to November 13, 2022. Upon expiration, the vested entitlements for the project protected under TM 4936 would also expire.

On October 6, 2022, the Planning Commission held a public hearing regarding the proposed DA Amendment to consider Resolution 22-2PC (Attachment 3) recommending the City Council approve Ordinance 22-19 regarding the proposed DA Amendment with Blackpine 440 West, LLC which provides a six-month extension to the term of the existing DA. The Planning Commission unanimously approved Resolution 22-2PC with a recommendation to provide an additional six-month extension option, at the City Manager’s discretion.

On October 19, 2022, the City Council conducted a public hearing on the proposed DA Amendment, unanimously approved the first reading of Ordinance 22-19 (Attachment 4) and directed staff to modify the DA Amendment to include an additional six-month extension option at the City Council’s discretion. On November 2, 2022, the City Council approved Ordinance 22-19 authorizing the First Amendment to the DA with Blackpine 440 West LLC (Attachment 5).

ANALYSIS
Over the course of the last two years, development and construction of the project have been delayed for a variety of reasons, including disruptions to work schedules and supply chain interruptions caused by the COVID19 pandemic. However, the developer has made diligent efforts to advance the development and construction of the project, including working with City staff to draft the Restated and Amended DA’s provisions to adjust the project to the mutual benefit of all parties, pulling conditional building permits to initiate construction on model homes for the project, as well as completing most of the conditions of approval for the project’s final map approval. Despite these efforts, both the developer and the City require additional time to finalize the project’s map and Restated and Amended DA for future City Council consideration.

The existing DA with Blackpine, LLC extends the project’s original map term and vested fees and entitlements, and provides additional relief from City Facility Impact Fees. The project will advance the City’s TOD and mixeduse development goals in the District by providing for-sale, quality residential product that appeals to employees of the large offices (CALSTRS, Department of General Services, Capitol Mall) and small businesses in the District. The new I Street Bridge is expected to also create connectivity with new jobs centers in the Railyards.

Realizing high-quality residential development in this location, adjacent to industrial uses that the City intends to transition to residential, advances land use goals and brings new vitality and desirability to the western portion of the District. When the final map is approved, the project will extend the new E Street frontage improvements to 8th Street, enhancing safety and walkability for the neighborhood, and add a neighborhood park. The park design is consistent with Council-adopted policies, the approved Washington Specific Plan, the 2019 Parks, Recreation, and Open Space Master Plan, and was supported by the Parks, Recreation and Intergenerational Services Commission. These improvements were also identified, envisioned, and prioritized by the community during the development of Washington Realized.

To provide additional time to finalize the efforts completed over the last two years, staff is recommending the City Council take action to exercise their option to extend the term of the DA for an additional six months, protecting the vesting provided by TM 4936 while completing the project’s final map and Restated and Amended DA.

Environmental Considerations
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Four 40 West DA Extension
April 19, 2023

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On November 2, 2022, the City Council found that the First Amendment to the Alura at Washington Square (Four 40 West) DA is exempt from California Environmental Quality Act (CEQA) analysis under the Class 32 (Infill Development Projects) Categorical Exemption, under California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15332 and finds that the Exemption reflects the independent judgment of the City as lead agency under CEQA. Class 32 consists of projects characterized as in-fill development that are consistent with the General Plan and occur within the city limits on a project site of no more than five acres and which contain no valuable habitat.

Commission Recommendation
On October 6, 2022, the Planning Commission held a public hearing regarding the proposed DA Amendment with Blackpine 440 West, LLC and consideration of Resolution 22-2PC recommending the City Council approve Ordinance 22-19 regarding the proposed DA Amendment with Blackpine 440 West, LLC relating to a future housing development project at 412-420 and 425 6th Street. The Planning Commission voted unanimously to approve Resolution 22-2PC with an additional recommendation to provide an additional six-month extension option at the City Manager’s discretion.

Strategic Plan Integration
The recommended item supports the Council’s 2019 Strategic Plan Goal of, “West Sacramento: Preferred place to live, work, learn, and play” and an “Alive riverfront and downtown” by providing a diverse range of housing choices within the Washington District. The recommended action also furthers the goals of the Council’s 2019 Strategic Plan Policy Agenda item “Riverfront Development tools” and Management Agenda Item “Parks, Recreation and Open Space Master Plan Implementation”, the Council’s 2020 Policy Agenda items, “Housing Production Strategy” and “Mobility & Connectivity,” and the Council’s 2022 Management Agenda item, “Waterfront Districts Public Safety & Security”. These goals are furthered by creating a transit-oriented development, or mixed-use development pattern, (i.e., placing employment, homes, amenities and services close together to reduce driving and conserve land and water resources) in the Washington neighborhood while supporting infill development on vacant and underutilized properties.

Alternatives
The Council’s primary alternative to the recommended action includes not approving exercise of the option to extend the DA term for an additional six months. Staff does not recommend this alternative as not exercising the option will result in the project losing all vested entitlements protected under the DA, which is currently set to expire on May 13, 2023.

Coordination and Review
This report was written and reviewed in coordination with the Economic Development and Housing Department, Planning Division, Community Development Engineering Division, and the City Attorney’s office.

Budget/Cost Impact
This action has no budget implications as the action only provides a term extension to the DA.

ATTACHMENT(S)
1) Location Map
2) Entitlement History
3) Resolution 22-2PC
4) Ordinance 22-19
5) First Amendment to Development Agreement
321
Attachment 1
Location Map
412-420 & 425 6th Street
412-420 & 425 6th Street
NORTH
322
Attachment 2
Project Entitlement History
April 20, 2006 Original Tentative Map (TM) approved for project (1.05-acre site for 25 single-family homes)
November 15, 2007 Modification to TM 4936 approved for project (adding 41 residential units)
2008
State legislature approved multiple TM extensions due to the economic downturn, setting TM 4936’s expiration to November 15, 2017
February 4, 2016 Modification to TM 4936 approved for project (removing two units and adding a common area)
June 15, 2017 Two-year time extension to TM 4936 approved for project, setting the new expiration date to November 15, 2019
September 19, 2019 One-year time extension to TM 4936 approved for the project, setting the new expiration date to November 15, 2020
October 14, 2020
Development Agreement (DA) approved for the project, providing one-year extension, with option for an additional year, to TM 4936, setting the new expiration date to November 13, 2021
July 15, 2021 Approval of TM 5211 and approval of modifications to TM 4936.

October 20, 2021 Option to extend DA for an additional year approved, setting new expiration date for TM 4936 to November 13, 2022.

November 2, 2022
Approval of First Amendment to DA to provide six-month extension, with option at City Council discretion to extend for an additional sixmonth term. 323
DocuSign Envelope ID: 9B1390EE-F8AD-4FB2-82BF-800B922FDA2B RESOLUTION 22-2PC

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF WEST SACRAMENTO

RECOMMENDING ADOPTION BY THE CITY COUNCIL OF A FIRST AMENDMENT TO A DEVELOPMENT AGREEMENT WITH BLACKPINE 440 WEST LLC
PERTAINING TO DEVELOPMENT OF THE ALURA (FOUR 40 WEST) RESIDENTIAL

PROJECT
WHEREAS, on October 6, 2022, the West Sacramento Planning Commission conducted a public hearing on a First Amendment to a Development Agreement; and WHEREAS, the Planning Commission has duly considered all information before them; and
WHEREAS, the Planning Commission has found that the proposed First Amendment to the Development Agreement is consistent with the goals, policies and implementation programs of the City of West Sacramento General Plan, and WHEREAS, the proposed First Amendment to the Development Agreement is exempt from California Environmental Quality Act (CEQA) review pursuant to §15332, of the CEQA Guidelines, as the project would be located on a parcel characterized as in-fill development that is consistent with the General Plan and occurs within the city limits on a project site of no more than five acres and which contains no valuable habitat.

WHEREAS, the Planning · Commission has found that the proposed First Amendment to the Development Agreement furthers the public health, safety and general welfare of the City, 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 approve the proposed First Amendment to the Development Agreement via Ordinance 22- 19 with the additional provision that an additional six-month extension may be added at the City Manager's discretion.

PASSED AND ADOPTED by the Planning Commission of the City of West Sacramento this 6th of October 2022, by the following vote:

AYES: DEANDA, HIRSCH, SABLAN, ESQUIVEL, STIGER, LOCKHART, BERLINER NOES: None
ABSTAIN: None
ABSENT: None
Planning Commission Chairperson
Attachment 3
324
OocuSign Envelope ID: 9B1390EE-F8AD-4FB2-82BF-800B922FOA2B ATTEST:

DavrcJ~rey, Secretary
325
Attachment 4
326
327
Attachment 5
328
329
330
331
332
333

CITY COUNCIL AGENDA REPORT
MEETING DATE: April 19, 2023 ITEM # 10
SUBJECT:

CONSIDERATION OF RESOLUTION 23-9 DECLARING WEEDS GROWING ON

CERTAIN LOTS TO BE A PUBLIC NUISANCE AND SCHEDULING A PUBLIC

HEARING TO CONSIDER OBJECTIONS TO WEED ABATEMENT
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Bryan Jonson, Fire Marshal
Fire Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The purpose of this report is to initiate the 2023 Weed Abatement Program which is a proactive approach to reducing the risk of vegetation fires. This item requests City Council adoption of a resolution declaring a list of lots to be hazards and set a public hearing at the May 3, 2023 City Council meeting to consider objections to the proposed removal of weeds. The program provides for weed abatement by the City’s contractor to commence on May 12, 2023.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:

1. Adopt Resolution 23-9 declaring weeds growing on certain lots to be a public nuisance and initiating the 2023 weed abatement program. The Resolution further directs the Fire Department to begin the formal weed abatement process by notifying all affected property owners by mail of the intended action by April 20, 2023; and

2. Set a public hearing at its regular meeting of May 3, 2023, to consider objections to the proposed removal of weeds.

BACKGROUND
This will be the 36th year the City has conducted weed abatement on non-complying properties. Each year the program has been highly successful in reducing the total number of vegetation fires, intensity and size of vegetation fires, and citizen complaints regarding high vegetation.

This year the program provides for weed abatement by the contractor to commence on May 12, 2023. The total annual contract has historically been under $30,000 with 100% recovery of the contract costs for private party weed abatement plus a 20% City of West Sacramento administrative fee. Property owners are given one opportunity to pay for the services provided by the City contractor and if they do not, a lien will be placed on the property.

ANALYSIS
Combustible vegetation and wildland/urban interface (WUI) fires have often been in the news in recent years.

Nine of the 25 costliest (in terms of property loss) fires in U.S. history were described as forest, wildland or Wildland Urban Interface (WUI) fires, with the eight costliest in the last two decades. Although West Sacramento does not have specifically defined WUI in our jurisdiction, we do have multiple identified moderate fire hazard severity zones. With the inclusion of the existing rural areas in the southern part of the city, a legitimate threat of vegetation fire exists.

Based on data from the most current (2018) National Fire Protection Association’s (NFPA’s) report, Brush, Grass, and Forest Fires, local fire departments responded to an estimated average of 306,000 brush, grass, and forest (vegetation) fires in the U.S. per year in 2011-2015, an average of 840 per day. These incidents accounted for almost one quarter (23%) of the fires reported to local fire departments during this period. That coupled with California representing the highest percentage (31%) of total vegetated acres burned (2,233,666) in the U.S. in 2021, the City’s weed abatement program is our way to keep these types of fires and statistics low in West Sacramento.

A proactive approach to reducing the risk of vegetation fires in the upcoming months will aid in the reduction of fire threat and property damage. By the authority dictated by the California Government Code Sections 39560– 39588, the City has created the Weed Abatement Program to ensure that this unnecessary fire threat is managed. Pursuant to this authority, Staff is requesting Council approval of Resolution 23-9 declaring weeds 334 Consideration of Resolution 23-9
April 19, 2023

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growing on certain lots to be a public nuisance, initiating the 2023 weed abatement program and directing the Fire Department to notify all affected property owners by mail of the intended weed abatement action. Staff is also requesting Council set a public hearing on May 3, 2023 for property owners to provide objections to the proposed removal of weeds. This hearing date will also be included on the notice to property owners. Under this program, the City’s contractor will only undertake weed abatement activities if the property owner fails to do so before the contractor.

Environmental Considerations
This item is not a project that is subject to CEQA, because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Resources Code, § 21065; CEQA Guidelines § 15060(c), § 15378(a).)
Commission Recommendation
Not Applicable
Strategic Plan Integration
This program assists the City in its efforts to reduce local climate vulnerability. By minimizing the fuel load in West Sacramento, this program will subsequently reduce the number of fires and smoke that pollute the atmosphere.

Alternatives
The City may choose not to actively pursue a weed abatement program; however, it is more than probable that there will be an increase in the intensity of vegetation fires as the fuel becomes drier during the summer months.

This added fuel load within the city is a threat to life and property. By reducing the size of the combustible vegetation, the risk and intensity of fires are significantly reduced.

Coordination and Review
This report was produced by the Fire Department.

Budget/Cost Impact
100% of the private party weed abatement costs (historically under $30,000) are reimbursed by property owners, which also includes a 20% administrative fee.

ATTACHMENT(S)

1. Resolution 23-9

2. Property List by APN
335
RESOLUTION 23-9

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF WEST SACRAMENTO DECLARING WEEDS

GROWING ON CERTAIN LOTS TO BE A PUBLIC NUISANCE
AND INITIATING THE 2023 WEED ABATEMENT PROGRAM
WHEREAS, the City Council elects to proceed under California Government Code, Article 2, Sections 39560 – 39588 to declare as a public nuisance and abate all weeds growing upon streets, sidewalks, and private property in the city; and WHEREAS, "weeds”, as used in this article includes any of the following:
a) Weeds which bear seeds of a downy or wingy nature.
b) Sagebrush, chaparral and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. c) Weeds which are otherwise noxious or dangerous.
d) Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health.
e) Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of West Sacramento hereby declares as a public nuisance all weeds growing upon the streets, sidewalks, and private property in the city, specifically identified on the attached list of properties. The City Council also declares weeds growing on said parcels to be a seasonal and recurrent nuisance.

BE IT FURTHER RESOLVED the City Council hereby instructs the Community Risk Reduction Division of the Fire Department to mail, no later than April 20, 2023, written notices of the proposed abatement and public hearing to be held on May 3, 2023, to all persons owning property, according to the last equalized assessment roll available, described in this Resolution.

BE IT FURTHER RESOLVED the City Council hereby sets its regular meeting of May 3, 2023, as a public hearing date to consider objections for the proposed removal of weeds.

PASSED AND ADOPTED this 19th day of April, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
336

APN APN APN APN APN APN
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CITY COUNCIL AGENDA REPORT
MEETING DATE: April 19, 2023 ITEM # 11
SUBJECT:

CONSIDERATION OF AWARD OF A CONTRACT TO SUMMIT PIPELINE FOR

PROFESSIONAL SERVICES FOR THE WASTEWATER CCTV INSPECTION PROJECT (CIP 33029)
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Lorianne Landsaw, Senior Analyst
Public Works O & M Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is to provide sufficient information to the City Council for consideration of a contract award to Summit Pipelines for the Wastewater CCTV Inspection project.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:

1. Approve and authorize the City Manager, or his designee, to execute a professional service contract with Summit Pipelines in the amount of $250,000 for the Wastewater CCTV Inspection Project (CIP 33029); and

2. Authorize the City Manager, or his designee, to execute amendments or change orders up to 7% ($17,500) of the value of the contract.

BACKGROUND
On October 18, 2017, the City Council adopted the Sanitary Sewer Master Plan Update which included funds to CCTV the sewer system (CIP 33029).

Wastewater pipe networks play a critical role in protecting ecosystems, built environments, and humans from wastewater. Due to the gravity flow of most sewer pipes, closed circuit television inspections can be performed on sewer pipes without removing the pipes from service. The wide implementation of CCTV inspections has provided extensive sewer inspection results in recent years. These results focus on sewer pipe structural deterioration predictions, as structural condition is both an indicator and a predictor of pipe structural failure.

Making appropriate condition scores is critical for predicting pipe structural deterioration, which will aid is the Sanitary Sewer Master Plan (SSMP) that is currently in progress.

ANALYSIS
On December 16, 2022, the Public Works Department issued a Request for Proposals for the Wastewater CCTV Inspection project. By the end of the advertising period on January 13, 2023, the City had received seven (7) proposals. The proposals were ranked and evaluated by staff from the Public Works and Capital Projects Departments.

Proposal Received Total Score
Summit Pipeline 82
AIMS/PVIC CA, LLC 78
APS Environmental 68.67
Pipe and Plant Solutions, Inc. 67.67
Pro-Pipe, Inc. 65.67
Coastline Water Resources, Inc. 60
360 Pipeline Inspections 56.67
Based on the total scores of the proposals received, staff recommends awarding the contract to Summit Pipeline.

Summit Pipeline will be working its way north from the southernmost part of the City, using CCTV to inspect and score the sanitary sewer system. City staff will concurrently be working their way south from the northernmost point of the City, also using CCTV to inspect the Sanitary Sewer System. Staff is aware that the North side of the City has concrete sewers and other aging infrastructure, all of which will need to be replaced. Determination of the type of infrastructure (i.e., concrete) is an immediate indicator that the line will need to be replaced, and 341 WW CCTV Award to Summit
April 19, 2023

Page 2 ends

therefore scoring is not necessary. The City will get the greatest amount of information by confirming replacement locations in the North with City staff and utilizing the contractor in the South to score the pipelines.

Funding for the project was approved by the City Council in Resolution 17-44. The balance of the CIP is $269,478.83, which will fully fund the proposed contract.

Environmental Considerations
The contract with Summit Pipeline is not subject to CEQA because it is not an activity that may cause either direct or indirect significant effect on the environment (State CEQA Guidelines Section §15061 (b)(c)).

Commission Recommendation
Not applicable.

Strategic Plan Integration
Executing a contract with Summit Pipeline for Wastewater CCTV Inspection supports the City’s 2022 Strategic Plan Other Initiatives: Water/Sewer Master Plan.

Alternatives
The City Council could choose to decline the recommended action or request revisions to the contract or the scope of work. These alternatives are not recommended as they would delay gathering necessary information for the completion of the Sanitary Sewer Master Plan.

Coordination and Review
This report was prepared by the Public Works Department in coordination with the Capital Projects and Finance Department.

Budget/Cost Impact
The Wastewater CCTV Inspection project is programmed into the current Capital Improvement Project (CIP) program.

ATTACHMENT
Summit Pipeline Contract
342

CONTRACT FOR SERVICES
THIS CONTRACT is made on April 19, 2023 by and between the CITY OF WEST SACRAMENTO (“City”), and Summit Pipelines (“Consultant”).

WITNESSETH:

WHEREAS, the City desires a consultant to provide closed circuit television (CCTV) video inspection of municipal wastewater collection systems; and WHEREAS, the Consultant has presented a proposal for such services to the City, dated January 13, 2023 (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 the Scope of Work, attached hereto and incorporated herein by this reference as Exhibit “B”. 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 “C” and terminate on June 30, 2026.

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

Summit Pipelines
PWO23-020 CCTV Inspections
Expires 6/30/26
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Summit Pipelines
PWO23-020 – CCTV Inspection
Expires 06/30/2026
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 as invoiced for the actual fees, costs and expenses for all time and materials required and expended, but in no event shall total compensation exceed two hundred fifty thousand dollars ($250,000), 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 "D".

B. Said amount shall be paid upon submittal of an invoice showing completion of the tasks that period. 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 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:

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.
344
Summit Pipelines
Contract Number – CCTV Inspection
Expires 06/30/2026
Rev 9.20.22 3

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.

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.

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.
345
Summit Pipelines
Contract Number – CCTV Inspection
Expires 06/30/2026
Rev 9.20.22 4
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 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. 346
Summit Pipelines
Contract Number – CCTV Inspection
Expires 06/30/2026
Rev 9.20.22 5

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 indemnify, defend, and hold harmless the City, its officers, officials, agents, and employees against all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorneys’ fees, arising from Consultant's negligent acts or negligent failure to act, errors, omissions or willful misconduct incident to the performance of this Contract except such loss or damage caused by the active negligence, sole negligence, or willful misconduct of the City. The provisions of this paragraph shall survive termination or suspension of this Contract.

16. CONSULTANT TO PROVIDE INSURANCE:

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.
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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 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 348
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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.

F. The requirement as to types, limits, and the City’s approval of insurance coverage to be maintained by Consultant are not intended to, and shall not in any manner, limit or qualify 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 349
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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
1951 South River Road
West Sacramento, CA 95691
Email: [email protected]
Consultant:

Summit Pipelines
21808 Golden Pines Court
Auburn, CA 95602
Email: [email protected]
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

SUMMIT PIPELINES
By: _________________________
Aaron Clark, President
Date Executed: _________________
351

EXHIBIT A
Consultant Proposal
352
21808 Golden Pines Ct
Auburn, CA 95602
800-757-1237
Gen A Lic # 1065380
DIR # 1000601871
Technical Project Approach_22-080-RFP_WASTEWATER CCTV INSPECTION Summit Pipelines and its employees will work tirelessly to ensure all project objectives are met in a timely manner. Field and office staff have many years of successfully completing projects like this and will continue to try to be the best in the industry. Communications regarding scheduling and data will take place daily/weekly depending on the amount of work scheduled. All new employees are trained by the same person, Wayne Lewis, so continuity of work performed will stay the same regardless of who is doing the work.

Wayne will remain the main point of contact for this work as well. Ensuring that scheduling and data processing will stay at the same level throughout.

PIPELINE INSPECTION PROCEDURES

EQUIPMENT
Ford E-350
Temperature-controlled control room
CUES Inspection Unit
1500 LF maximum pipe length

OZ-III HD CAMERA
10xZoom f=4.2(f1.8 to f2.9) 4x zoom beyond the 10x optical for a total zoom capability of 40x.

Steerable tractor / Scissor lift
Camera Boat
Granite Net Software Reporting System
Nassco Reporting System & Certified Operators
MPEG, DVD and Thumb Drive Capabilities
A. The Inspection Unit shall be located at or near the structure. All televising shall start from upstream to downstream direction. All necessary reverse inspections will be recorded separately. Pipeline and Structures being inspected shall stop at locations where one or more of the following conditions are observed:
• Infiltration and Inflow sources
• Structural defects, including broken pipe, collapsed pipe, deterioration, punctures, and connections. • Abnormal conditions, including sags, horizontal and vertical misalignments, open joints, laterals, protruding taps, and deposits, etc..

B. Provide as many copies necessary of reports and data on DVD or Thumb Drive. Include still photos in a JPEG format on Granite Net computer-generated reports as well as MPEG info on DVD’s or Thumb Drives using Granite Net Software. *See Attached CCTV Inspection Report Samples C. Once all Safety precautions have been taken, camera will then be lowered into upstream structure, camera calibration will then take place; all information will be overlaid onto video along with audio for the inspection.

D. We will have two camera configurations available for CCTV. a. First option will be a steerable tractor style set-up capable of scissoring up for easy viewing. b. Second option will be a floatable camera platform than can be floated or pulled through the line.

If required, we can place a transmitter on the camera in order for above ground locating 353
21808 Golden Pines Ct
Auburn, CA 95602
800-757-1237
Gen A Lic # 1065380
DIR # 1000601871

SEWER PIPELINE CLEANING PROCEDURES

EQUIPMENT
Vactor 2100-15 Series
Kenworth Chassis
Positive Displacement Unit
Roots 10-24 Blower
5,000 CFM
15yd3 Debris box
Air Actuated Decant Valve
Hydraulic Rear Door
8” Vacuum Intake
800LF of 1” ID High Pressure Hose / Articulating Hose Reel 80-100 GPM and Working Pressure up 3,000 PSI
1,500-Gallon Water Tank
Wash Down Gun / Hydro Excavating Kit
Culvert / Bottom Cleaning Nozzles & 15-60 Degree Nozzles Lumber Jack
Wart Hog

CLEANING PROCEDURES
A. Cleaning will be conducted between two structures points at either end of pipeline; upstream and downstream.

B. Summit Pipelines will have in place at all times while cleaning commences a vacuum tube in order to prevent material from going downstream.

C. Vactor cleaning unit will spray high velocity water necessary to remove material from pipeline by sending a nozzle from downstream structure to upstream structure (or vice versa) pulling debris downstream, with necessary pressure required.

See attached details for vactor unit. Cleaning activity shall be monitored at all times by CCTV Unit (Pipeline Inspection Camera) thus allowing us to take precautions to protect the pipeline from damage that may be inflicted by the improper use of cleaning equipment. A variety of nozzles will be used to remove scale, loose debris, tiles and mortar. If required 354
21808 Golden Pines Ct
Auburn, CA 95602
800-757-1237
Gen A Lic # 1065380
DIR # 1000601871
after the nozzle cleaning man-entry may be used to remove remaining material/items. If man-entry is required a separate submittal will be submitted.

D. Debris at the downstream structure shall be removed by one of several methods. • Vacuum tube that loads directly into Vactor unit
• Air Mover Guzzler that is capable of loading either into roll-off containers or directly into its chassis mounted 16yd3 debris boxes. See attached details for boxes.
• Confine Space Entry into structure.

E. Cleaning unit will decant all liquids into the nearby Sanitary Sewer system while retaining solids in debris tank, then transport debris to Proper facility for disposal.

F. Summit Pipelines shall maintain records of all cleaning performed per section.

G. Pipeline shall be cleaned with a minimum of 2 passes and to a degree of cleanliness necessary for subsequent inspection or as required by the specifications.

H. If needed a lumber jack or warthog will be used to remove any root intrusions.

I. Structure cleaning will be done with a high-pressure wand that is attached to our Vactor. The cleaning will be done prior to pipeline cleaning so that all debris will be removed.

J. The water supply for this project will be supplied by the General Contractor via a Hydrant near or at the job site location or water truck. Our Vactor trucks come equipped with an AWWA approved air gap connection.

K. Summit Pipelines shall demonstrate to the Engineer results of cleaning efforts before any other work takes place. Visual Verification shall be made by the Engineer to determine acceptance of cleaning. Reclean pipeline segment or manhole if Engineer determines that the cleaning in not adequate.

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21808 Golden Pines Ct
Auburn, CA 95602
800-757-1237
Gen A Lic # 1065380
DIR # 1000601871

SEWER CLEANING NOZZLES

WART HOG NOZZLE WITH OPTIONAL CENTRALIZER
Excellent for cleaning sanitary and storm sewers. This nozzle will rotate and clean roots and some scale and calcified deposits
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21808 Golden Pines Ct
Auburn, CA 95602
800-757-1237
Gen A Lic # 1065380
DIR # 1000601871

BIG FOOT HEAVY DERIS NOZZLE
Excellent for cleaning sanitary and storm sewers. This nozzle will efficiently move large amounts of debris and solids to cleaning structure. Can move large chunks of concrete and asphalt as well. And has been known to move manhole covers as well.
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EXHIBIT B
Schedule of Performance
Contract Start Date April 19, 2023
Contract End Date June 30, 2026
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EXHIBIT C
Schedule of Fees
359
21808 Golden Pines Ct
Auburn CA 95602
530-320-4917
CaLic 1065380

CITY OF WEST SACRAMENTO
Robert Santos TELEPHONE:
[email protected] CUST. JOB #
PROJECT NAME:

PROJECT ADDRESS:

CITY, STATE, ZIP: WEST SACRAMENTO, CA
LINE

ITEM QUANTITY UNIT TYPE UNIT PRICE AMOUNT
1 1 LS $ 200.00 $ 200.00
2 1 LF $ 3.15 $ 3.15
3 1 LF $ 3.15 $ 3.15
4 1 LF $ 3.15 $ 3.15
5 1 LF $ 3.15 $ 3.15
1 1 HR $ 218.75 $ 218.75
2 1 HR $ 1,122.75 $ 1,122.75
TOTAL $ 1,554.10
NOTES:

Acceptance of Proposal: The above prices and specifications are satisfactory and are hereby accepted.

Customer: Contractor:

Printed Name: Printed Name:

Title: Title:

Date: Date:

DATE:

PAGE 1 OF 1

ADDITIONAL SERVICES
TRAFFIC CONTROL (BASED ON 8 HOURS)

1.1 Pricing. Unless otherwise stated in writing, pricing will be set forth by written proposal delivered to Customer and is intended to be full and final compensation for the work defined therein as the scope of work. The pricing set for each proposal does not include any change orders or other modifications to the scope of work.

1.2 Payment Terms. Customer will pay Summit Pipelines within 30 days of invoice, without offset or withholding for retention, unless otherwise agreed to in a writing signed by Summit Pipelines.

1.3 Past Due Accounts. Past Due Accounts are subject to a monthly interest charge of 1.5% per month (18% annual interest rate) for the invoice amount (subject to applicable law). All finance charges for overdue payments will be assessed on the Customer’s invoices and shall be due upon receipt. In no event shall the terms of this Agreement require payment in excess of the maximum amount permitted by law.

Robert Santos Wayne Lewis

PROJECT MANAGER
1/11/2023 1/11/2023
Charges for waste removal are at facility rates plus 10%. Travel to and from additional.

CITY OF WEST SACRAMENTO Summit Pipelines
No traffic control unless noted above in proposal. Rates are valid for Entire length of accepted project All access for openings and right of way provided to Summit Pipelines. All service call outs are Portal to Portal at standard rates unless otherwise specified On site water provided by others. No permits, fees or bonds.

Backfill, Shoring and Securing of Excavations are the Clients responsibility Overtime; M-F after 8 hours up to 12 hours including mobilization charge No notification of residents and businesses. Double Time; after 12 hours M-Sat, All day on Sundays and Holidays All Field notification and survey of utilities found to be client’s responsibility Overtime for Saturday for the first 12 hours including mobilization charge JOB CONDITIONS: CCTV INSPECTION PRICES BASED ON 2000FT PER DAY WITH 2 CLEANING PASSES. CCTV INSPECTION PRICE INCLUDES DEBRIS DISPOSAL FEE AT A LOCAL FACILITY (DAILY CHARGE AFTER CLEANING). Bypass is based off 800 GPM and 500ft of bypass.

No SWPPP Straight Time; M-F first 8 hours of work including mobilization charge SUMMIT PIPELINES IS A SIGNIATORY TO LOCAL 185 LABORERS UNION: LABORERS ARE PAID 8HRS. AFTER 4HR MINIMUM.

MOBILIZATION
6-8 INCH DIAMETER
10-15 INCH DIAMETER
16-21 INCH DIAMETER
24-28 INCH DIAMETER
ACCEPTED BY:
22-080-RFP_WASTEWATER CCTV INSPECTION

PROPOSAL
PROPOSAL FOR:

ATTENTION:

EMAIL:

DATE: 1/11/2023
BILLING ADDRESS:

CITY, STATE, ZIP:

BYPASS PUMPING (BASED ON 8 HOURS)

DESCRIPTION
360
21808 Golden Pines Ct
Auburn CA 95602
530-320-4917
CaLic 1065380

CITY OF WEST SACRAMENTO
Robert Santos TELEPHONE:
[email protected] CUST. JOB #
PROJECT NAME:

PROJECT ADDRESS:

CITY, STATE, ZIP: WEST SACRAMENTO, CA
LINE

Acceptance of Proposal: The above prices and specifications are satisfactory and are hereby accepted.

Customer: Contractor:

Printed Name: Printed Name:

Title: Title:

Date: Date:

DATE:

PAGE 1 OF 1

ADDITIONAL SERVICES
TRAFFIC CONTROL (BASED ON 8 HOURS)

1.2 Payment Terms. Customer will pay Summit Pipelines within 30 days of invoice, without offset or withholding for retention, unless otherwise agreed to in a writing signed by Summit Pipelines.

Robert Santos Wayne Lewis

PROJECT MANAGER
1/11/2023 1/11/2023
Charges for waste removal are at facility rates plus 10%. Travel to and from additional.

No SWPPP Straight Time; M-F first 8 hours of work including mobilization charge SUMMIT PIPELINES IS A SIGNIATORY TO LOCAL 185 LABORERS UNION: LABORERS ARE PAID 8HRS. AFTER 4HR MINIMUM.

MOBILIZATION
6-8 INCH DIAMETER
10-15 INCH DIAMETER
16-21 INCH DIAMETER
24-28 INCH DIAMETER
ACCEPTED BY:
22-080-RFP_WASTEWATER CCTV INSPECTION

PROPOSAL
PROPOSAL FOR:

ATTENTION:

EMAIL:

DATE: 1/11/2023
BILLING ADDRESS:

CITY, STATE, ZIP:

BYPASS PUMPING (BASED ON 8 HOURS)

DESCRIPTION
361
Table 1
Additional Services

PRICE TABLES
Services that may need to be provided based on work in the field Line Item Description Quantity Unit of Measure Unit Cost Total Mobilization
1 Mobilization 1 l.s. $200.00 $200.00

CCTV INSPECTION
2 6-8 inch dia. 1 l.f. $3.15 $3.15
3 10-15 inch dia. 1 l.f. $3.15 $3.15
4 16-21 inch dia. 1 l.f. $3.15 $3.15
5 24-28 inch dia. 1 l.f. $3.15 $3.15
Total $212.60
Line Item Description Quantity Unit of Measure Unit Cost Total No Bid 1 Traffic Control 1 hour $218.75 $218.75
2 Bypass Pumping 1 hour $1,122.75 $1,122.75
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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.

SUMMIT PIPELINES
By:

Aaron Clark, President
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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.
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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. 365

CITY COUNCIL AGENDA REPORT
MEETING DATE: April 19, 2023 ITEM # 12
SUBJECT:

CONSIDERATION OF APPROVAL FOR THE PURCHASE OF WORK TRUCKS FOR THE

WATER DIVISION IN SUPPORT OF BACKFLOW AND WATER METER READING AND APPROVAL OF RESOLUTION 23-31 APPROPRIATING FUNDS FOR THE PURCHASES INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Lorianne Landsaw, Senior Analyst
Public Works O & M Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The purpose of this report is to provide the City Council with sufficient information to consider the approval of Resolution 23-31 appropriating funds for the purchase of two work trucks for the Water Division to support Backflow and Water Meter Readings.

RECOMMENDED ACTION
Staff respectfully recommends the City Council:

1. Approve Budget Resolution 23-31 appropriating water enterprise funds for the purchase of two vehicles; and

2. Approve the purchase of two utility bed work trucks to support staff in the Water Distribution and Backflow areas of the Water Division.

BACKGROUND
The Water Backflow Prevention Program was staffed at 1.5 FTE for an extended period of time, and currently has 1 vehicle assigned to this cost center. The 0.5 FTE position was not staffed. Recently, the City Council approved adding an additional 0.5 FTE to the Water Backflow Prevention Program, allowing for the position to be filled by a full-time employee. When the additional 0.5 FTE was added, additional funds were not requested by the department for the necessary one-time expenses for that position, such as a work truck and tools.

The Water Meter Technician position was also recently approved by the Council and added to the Water Distribution section. The Council also approved one-time funds for the purchase of a vehicle for this position; however, the appropriation is no longer adequate due to the rise in vehicle costs since the position and related budget was approved.

ANALYSIS
The City’s Administrative Policy for procuring City vehicles has a provision in the Purchasing Procedures that encourages working with other governmental jurisdictions or purchasing agents on the procurement of City vehicles. The Purchasing Vehicles Through State Contract administrative policy states “As an administrative efficiency, it is highly encouraged that vehicles be purchased through purchasing alliances as opposed to the formal bid process. The Purchasing Agent has determined that an identical vehicle available at or below a purchasing alliance’s formal contract price from another source may be purchased without obtaining written quotes from other vendors.”
The procurement of these vehicles will be done using the State Purchasing agreement currently in place. The City will be able to order two utility bed work trucks to be assigned to these positions. Both trucks are quoted at $79,595. The additional build-outs required for these types of vehicles are available to be pre-installed when ordered directly from the dealer, which means the vehicles will arrive fully upfitted and ready to be put to work once the City decals are applied, which is done in-house.

Truck Cost
Water Meter Technician $79,595
Council approved appropriation ($55,000)
Backflow Prevention Program $79,595
TOTAL: $104,190
366
Resolution 23-31
April 19, 2023

Page 2 ends

Environmental Considerations
This action is not a project that is subject to CEQA because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Resources Code, § 21065; CEQA Guidelines § 15060(c), 15378(a).)
Commission Recommendation
Not applicable
Strategic Plan Integration
Council approval of the purchase of the two utility bed work trucks is consistent with the City Council’s goal for a Financially Sound City Government and to provide Quality City Services.

Alternatives
The City Council may decide to approve the recommended action or reject the recommended action and direct staff to seek funding from an alternative source.

Coordination and Review
The report has been coordinated with the Public Works and Finance Department.

Budget/Cost Impact
The Council previously approved a budget of $55,000 for the purchase of a utility bed truck for the Water Meter Technician position, leaving a shortfall of $104,190 to fully outfit the vehicle and purchase the additional vehicle for the Backflow position. The attached resolution requests an appropriation of $104,190 from the Water Fund to cover the purchase of both vehicles.

ATTACHMENT
Resolution 23-31
367
Attachment 1
RESOLUTION 23-31

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO APPROVING AMENDMENTS OF $104,190 TO THE WATER FUND OPERATIONS AND

MAINTENANCE (O&M) BUDGET FOR THE PURCHASE OF TWO UTILITY BED WORK TRUCKS FOR FISCAL YEAR 2022-23
WHEREAS, the City Council approved adding 1.0 FTE Water Meter Technician and

0.5 FTE position dedicated to the backflow prevention program in recent budgets; and WHEREAS, City Council approved an appropriation of $55,000 for the purchase of a work truck for the Water Meter Technician position, but no funds have been appropriated for the purchase of a vehicle for the backflow prevention position; and

WHEREAS, trucks are needed for the two new hires in the Public Works Department; and
WHEREAS, the total cost of both trucks, including necessary build-outs, tools, etc. is quoted at $159,190, leaving a total need of $104,190; and WHEREAS, there is sufficient available balance in the Water Fund to cover the onetime costs of the proposed budget 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 O&M Budget for the 2022- 23 fiscal year as listed below.

SOURCES
$104,190 506-0000-3210 Water Fund Balance
$104,190 TOTAL SOURCES
USES
$24,595 506-9611-5572 Water Distribution Capital Outlay - Vehicles $79,595 506-9612-5572 Backflow Prev. Capital Outlay - Vehicles $104,190

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 19th day of April 2023, by the following vote:

AYES:

NOES:

ABSENT:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
368

CITY COUNCIL AGENDA REPORT
MEETING DATE: April 19, 2023 ITEM # 13
SUBJECT:

PRESENTATION OF PROCLAMATION DECLARING APRIL 23-29, 2023 AS

NATIONAL LIBRARY WEEK
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ X ] Council [ ] Staff
[ ] Other
Meaghan Stiles, Program Manager
City Manager’s Office
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
To provide awareness about the contributions of the Yolo County Library system, specifically how the Arthur F.

Turner Community library in West Sacramento adds value to the lives of residents.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt a proclamation declaring April 23-29, 2023 as National Library Week.

BACKGROUND
The Yolo County Library system has provided access to a myriad of resources and learning opportunities in the community for more than 100 years.

In 2022, residents engaged with Yolo County Library hundreds of thousands of times by visiting local libraries and its web site, participating in free programs, and borrowing books, DVDs, audiobooks, e-books, early learning kits, and items written in several languages. Literacy programs, free Wi-Fi, computers, and other resources are available to all residents to assist with everything from homework to researching and applying for employment.

The Arthur F. Turner Community Library strives to provide equal access to information and services that open minds and promote inclusion and diversity, including for people of color and those with disabilities. The Library also offers summer reading programs and story times in English, Spanish, and Russian to reach the City’s diverse community.

The resources the Arthur F. Turner Library provide to residents help children and adults learn to find, evaluate and use information to make educated decisions related to their jobs, health, education and other needs.

ANALYSIS
Adoption of this proclamation honors the contributions of the libraries and in will further signify the City's support for the Yolo County Library system.

Environmental Considerations
N/A
Commission Recommendation
N/A
Strategic Plan Integration
N/A
Alternatives
N/A
Coordination and Review
N/A
Budget/Cost Impact
N/A

ATTACHMENT
Proclamation
369

PROCLAMATION OF THE WEST SACRAMENTO CITY COUNCIL PROCLAIMING APRIL 23-29, 2023 AS NATIONAL LIBRARY WEEK
WHEREAS, Yolo County Library embraces the City of West Sacramento’s mission to provide quality municipal services and facilities, and to inspire community improvements that add value to the lives of residents by fostering partnerships with City departments, Washington Unified School District, Los Rios Community College District, nonprofit organizations and businesses; and
WHEREAS, Yolo County Library embraces the City’s goal to improve the lives of its residents by offering programs for all ages by providing free meeting spaces for local nonprofit organizations; providing weekly English Conversation groups; and by making the Arthur F. Turner Community Library a tax preparation site for residents; and
WHEREAS, for more than 100 years Yolo County Library has provided access for all to ideas that inform, entertain and inspire; and
WHEREAS, Yolo County Library has done progressive work to support diverse communities in West Sacramento and throughout Yolo County, including people of color, immigrants and people with disabilities, providing equitable access to information, services and resources that open minds and promote inclusion and diversity; and
WHEREAS, at the Arthur F. Turner Community Library, staff offer basic literacy programs, computers, free Wi-Fi and other resources to help children and adults learn to find, evaluate and use information to make educated decisions related to their jobs, health, education and other needs; and
WHEREAS, the Arthur F. Turner Community Library staff offer English and bilingual story times; as well as summer reading programs to encourage children to begin and continue reading to enhance their personal and professional lives; and
WHEREAS, in 2022, residents engaged with Yolo County Library hundreds of thousands of times by visiting local libraries and its web site; participating in free programs; and borrowing books, DVDs, audiobooks, e-books, early learning kits, and items written in several languages; and NOW, THEREFORE, BE IT PROCLAIMED that the West Sacramento City Council declares April 23-29, 2023 as National Library Week and encourages all residents to visit the Arthur F. Turner Community Library to explore what’s new and to engage with friendly and knowledgeable library staff.

PROCLAIMED this 19th day of April, 2023.

Attest:

Martha Guerrero, Mayor Jennifer Cusmir, City Clerk
370

CITY COUNCIL AGENDA REPORT
MEETING DATE: April 19, 2023 ITEM # 14
SUBJECT:

CONSIDERATION OF AMENDMENT NO. 3 TO LEGAL SERVICES AGREEMENT WITH

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

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

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

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

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

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

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

Environmental Considerations
This action is not a project that is subject to CEQA because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment (Public Resources Code, § 21065; CEQA Guidelines §§ 15060 (c), 15378(a).)
Commission Recommendation
N/A 371
Amendment to Legal Services Agreement with KMTG
April 19, 2023

Page 2 ends

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

Alternatives
The Council’s primary alternatives are summarized below:

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

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

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

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

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

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

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

ATTACHMENT
Amendment No. 3 to KMTG Agreement
372
Attachment 1
KMTG Kronick, Moskovitz, Tiedemann & Girard
MC20-140 Legal Services, Amendment 3
Ongoing until Termination
AMENDMENT NO. 3
to the

CONTRACT FOR SERVICES
between the

CITY OF WEST SACRAMENTO
And

KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD (KMTG)
Dated July 20, 2011
This Amendment No. 3 to the Contract for Services between the City of West Sacramento (“the City”) and KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD (KMTG). (“the Contractor”) dated July, 20, 2011, is made and entered into this 19th day of April 2023. Except as expressly amended herein, the July 20th, 2011, Contract for Services is in full force and effect.

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

I. SCOPE OF SERVICES:

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

II. SCHEDULE OF RATES:

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

CITY OF WEST SACRAMENTO
By:

Aaron Laurel, City Manager

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

Jeff Mitchell, City Attorney
ATTEST:

By: ________________________________________________________ Jennifer Cusmir, City Clerk
373
Attachment 1
KMTG Kronick, Moskovitz, Tiedemann & Girard
MC20-140 Legal Services, Amendment 3
Ongoing until Termination
Exhibit A

SCHEDULE OF RATES
A. Direct Rates:

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

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

D. Council Meetings
Attendance for (1) attorney at these meetings will be the rate of $540 or actual time at the applicable hourly rate for the attorney attending, whichever is less. 374

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

CONSIDERATION OF RATIFICATION OF STRATEGIC PLAN SUMMARY FOR 2023 INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ X ] Staff
[ ] Other
Amanda Berlin, Assistant City Manager
City Manager’s Office
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The purpose of this report is to seek ratification of the Council’s Strategic Plan Summary for 2023.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council review and ratify the attached Strategic Plan Summary 2023.

BACKGROUND
For over 20 years, the City Council has met annually for a strategic planning session. One of the primary products from each session is to produce a Policy and Management Agenda for the year, which is presented in a Strategic Plan Summary. The Council develops the City’s annual Strategic Plan Summary by identifying strategic priorities for action and implementation in that year based on consideration of and selection from both councilmemberpresented ideas, projects, programs and initiatives and staff-identified projects and programs.

The Strategic Plan Summary include two main categories of items. The Policy Agenda reflects those projects, programs or ideas wherein the Council believes that policy guidance is still needed. The Management Agenda has project, programs or ideas where the Council has given policy guidance and the matter now rests with the management team to implement or take the next steps.

Based on the Strategic Plan Summary, staff also produces an Action Agenda which serves as a more detailed description of each of the items in the Summary along with the department overseeing the item, and the expected milestones, completion dates and notes. It also contains a third category of items, Major Projects, which includes development, capital and planning projects funded in the CIP or by Council action which need design or to be constructed. The document is intended to be a living document and is updated periodically as milestones are reached, added or revised. Subsequent to ratification of the Strategic Plan Summary, the Action Agenda will be completed and both documents will be provided to the Council and posted on the City’s website.

ANALYSIS
The City Council met on February 2 & 3 for its 2023 strategic planning session facilitated by CivicMakers. The attached 2023 Strategic Plan Summary reflects the primary outcome from the annual strategic planning session and comprises the Policy and Management Strategic Priorities for action and implementation in the upcoming year. Given the focus of responding to the COVID-19 pandemic in 2020 through 2022, many of the items on the 2023 Strategic Plan Summary are carryover items from prior years. The format of the 2023 Strategic Plan Summary includes the lists of Policy and Management Priorities as well as a graphic that visually demonstrates the Strategic Principles reflective of the Strategic Priorities and tied to the Priorties by color.

Environmental Considerations
N/A
Commission Recommendation
N/A
Strategic Plan Integration
The 2023 Strategic Plan Summary reflects the primary work product from the Council’s annual strategic planning session.
375
2023 Strategic Plan Summary
April 19, 2023

Page 2 ends

Alternatives
Staff recommends ratification of the 2023 Strategic Plan as reflective of the discussion at the Council’s planning session. As an alternative, the Council could modify any of the wording or order of items.

Coordination and Review
The strategic priorities listed on the 2023 Strategic Plan Summary were first agreed upon by the Council at its February planning session.

Budget/Cost Impact
N/A

ATTACHMENT

1. 2023 Strategic Plan Summary
376

MOBILITY &

CONNECTIVITY
Provide convenient
and sustainable
choices for people
to get where they
are going.

INCLUSIVE & DIVERSE
Effectuate equitable
investment and
social/environmental
justice in the city
and cultivate an
organization that
reflects our city’s
diversity.

PARKS & OPEN SPACE
Provide diverse outdoor
options for recreation
and communing with
nature at any age.

CORE SERVICES & INFRASTRUCTURE
Sustain a financially sound city
in which everyone feels safe and
secure, with quality services and
well-maintained infrastructure.

CLIMATE & ENERGY

RESILIENCY
Reduce climate
impact, protect our
environment and
improve energy
reliability.

ENGAGE & LEARN
Leverage
existing and new
programming to
support a sense
of community and
lifelong learning.

HOUSING & HOMELESSNESS
Provide housing options
for everyone and services
for the most vulnerable
members of society.

LOCAL ECONOMIC DEVELOPMENT
Catalyze development in riverfront and
downtown areas and attract and retain
businesses to maintain a strong and
diverse local economy.

STRATEGIC

PRINCIPLES
POLICY
Flood Protection (Federal Project)
Light Rail Extension/Transit Expansion
Stormwater Flood Protection & Maintenance
Retail Cannabis Program Development
Measure V Extension
City Facilities & Infrastructure Financing
Strategy
Enterprise Crossing Project Development
Strategic Communications Program
Development
Sustainable Customer Service Model
Formalizing a “One City” Governance Principle
Creating a Community Academy
PLAs/Workforce Training Program Evaluation
Community Investment Implementation:

Impact Fee Reduction in EIFD Areas
Explore Tourism Improvement District &
Property/Business Improvement District
Explore Affordable Housing for Police and
Educators

MANAGEMENT
Home Run Enrollment Growth
Homelessness & Community wide Impact
Management
Grand Gateway Development
Waterfront Districts Public Safety & Security
Municipal Workforce & Management
Diversity
Climate Action Plan Implementation
Equitable Investment Strategy/Programs
I Street Bridge Replacement/Deck Conversion
Bryte Park Master Plan Implementation
Explore Park Ranger Program Development
Core Services/Operations Functions Growth
& Funding
Pheasant Club Development
Cultural Events Fund
2023 STRATEGIC PRIORITIES
377

CITY COUNCIL AGENDA REPORT
MEETING DATE: April 19, 2023 ITEM # 16
SUBJECT:

PUBLIC HEARING AND CONSIDERATION OF FIRST READING OF
ORDINANCE 23-4 PERTAINING TO AN AMENDMENT TO THE TERM OF THE

YARBROUGH DEVELOPMENT AGREEMENT
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
David W. Tilley, Principal Planner
Daniel Berumen, AICP, Senior Planner
Community Development Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The purpose of this item is to provide the City Council with sufficient information to consider an amendment to the term of the existing Yarbrough Development Agreement between ASB Southport II LLC and the City of West Sacramento.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Conduct the public hearing;
2) Find that the amendment to the term of the existing Yarbrough Development Agreement between ASB Southport II LLC. and the City of West Sacramento is does not require further environmental review pursuant to Sections 15162 and 15168 of the CEQA Guidelines; and 3) Waive first reading and read by title only Ordinance 23-4 amending the term of the Yarbrough Development Agreement between ASB Southport II LLC and the City of West Sacramento.

BACKGROUND
The Yarbrough project area is comprised of approximately 711 acres of undeveloped land in the southwestern part of Southport (see Attachment 1, Yarbrough Location Map). In 2006, the Yarbrough landowner submitted development plans to convert the undeveloped parcels to a residential village which would include 3,000 residential units, a village core with commercial and mixed land uses, and extensive open space, including a

55.9-acre interconnected lake park and canal system. Implementation of the plan required amendments to the General Plan, Zoning Map, Southport Framework Plan Land Use Diagram, a consistency finding with Resolution 06-63, and a development agreement (DA) with a 15-year term (see Attachment 2, Yarbrough DA). The project was approved by the City Council in June 2008 and an Environmental Impact Report (EIR) was certified to satisfy requirements of the California Environmental Quality Act (CEQA).

The site is currently used for agricultural production (dry land farming). Existing structures include two residences and an abandoned residence (proposed for demolition as part of the project), and a sewer pump station (Largo Pump Station) adjacent to Southport Parkway. An 8-inch gas transmission line runs underground within the rights-of-way of Burrows Road and Jefferson Boulevard south of Burrows Road. The Reclamation District (RD) 900 Main Drainage Canal (Main Drain), which serves as the primary irrigation/drainage conveyance facility, flows through the project site south and west and eventually into the Deep-Water Shipping Channel. Agricultural lands in the unincorporated area of Yolo County lie south of the city limits. Jefferson Boulevard traverses the site northeasterly/southwesterly.

In order to allow the project to proceed, the landowner is required to submit tentative subdivision maps dividing the property into residential, commercial, open space, recreational, and other lots. The tentative subdivision maps would be subject to review by the City’s Planning Commission. The City Council ministerially approves the final maps after all conditions of each tentative map have been met. No tentative maps or other project authorizations were issued since the EIR was certified in 2008. To date, the landowner has completed agricultural land mitigation and biological mitigation through the Yolo County Habitat Conservation Plan. All other applicable mitigation measures remain in place. The landowner anticipates proceeding with developing the Yarbrough project consistent with plans approved in 2008.

On March 16, 2023, the Planning Commission conducted a public hearing reviewing the proposed DA Amendment. It should be noted that the Commission meeting was held with the outgoing Commissioners present. Several questions and comments were brought up by the Planning Commission and the public. A summary of the questions/ comments and staff responses are noted below:
378
Yarbrough DA Amendment
April 19, 2023

Page 2 ends

General Plan Consistency. How would the project reconcile an approval from 2008 relating to the current General Plan?
Staff Response: The project was approved prior to General Plan 2035 being approved in 2016.

Yarbrough’s land uses were carried forth in General Plan 2035 although the accompanying EIR did not assume that the project would be developed by the horizon year. The project would follow the guidelines and policies that were set upon project approval in 2008. New entitlements such as the tentative maps would need to conform to the guidelines and policies outlined in the City’s current General Plan.

DA Extension. What consequences would there be for the project if the Development Agreement was to expire?
Staff Response: The DA expires on July 18, 2023. If the DA is not extended, the contractual obligations of the DA will no longer be applicable. Some of the beneficial obligations associated with the project include a master affordable housing agreement, parks, funding of infrastructure plans such as parks, water, drainage, sewer, evacuation and emergency plans, levee improvements, land dedication for police and fire services, school facilities, enhanced transit system and traffic reduction plans. Staff believes that amending the term of the DA is mutually beneficial for the City and the developer.

Project Modifications. There was also a comment expressing concern that the current project does not reflect the intended density and land uses for the area at this juncture based on current city policies and directives.

Staff Response: As this is an approved project, staff must respect the previous project entitlements. As of this date, the applicant/ developer has not expressed interest in modifying the project.

Road Conditions/ Infrastructure. A resident who lives near the project area provided a comment that he was generally for the Yarbrough Project but was concerned about road (Burrows Avenue) conditions and infrastructure in the general area. The resident stated that even if the project does not occur, improvements to street and road infrastructure should be prioritized in the project area.

Staff Response: Staff acknowledged and noted the residents’ comment.

The Planning Commission voted 4-1 recommending that the City Council approve the proposed First Amendment to the Development Agreement (see Attachment 3, Planning Commission Resolution 23-1PC). The first reading of the Ordinance is being presented to City Council at a public hearing this evening (see Attachment 4, Ordinance 23-4).

ANALYSIS
Over the course of the previous several years, development of the project has been delayed for a variety of reasons, including disruptions to work schedules and supply chain interruptions caused by the COVID-19 pandemic along with City projects designed for flood mitigation. During this period, the developer has made efforts to advance the project where feasible. The developer’s efforts have included working with City staff to complete the DA’s provisions to adjust the project to the mutual benefit of all parties, payment of fees, etc.

However, because of these delays, the Developer and the City wish to amend the DA for a term extension to enable the parties to evaluate the project’s status, determine if any changes to the project are necessary to best serve the respective needs of the parties, and to consider the timeline of the project going forward. The project materials are on the City’s website at Yarbrough Master Plan | City of West Sacramento.

The DA expires on July 18, 2023. The proposed DA Amendment would extend the existing DA’s term for a oneyear period, with an additional one-year extension based on the City Manager’s discretion, setting the new expiration date as July 18, 2025. If approved by the City Council, the extension will provide the developer and staff with time to complete the fiscal analysis of the project, evaluate the certified EIR, and the final map.

The action is consistent with Land Use (LU) Goal LU-3.11 in the City of West Sacramento’s General Plan 2035, Southport Development, which is guided by the following principles:
 Concentrate community commercial, high-density residential and public facilities uses in nodes along major and minor arterials.
 Allow the development of water-dependent recreational and commercial uses along the waterways in Southport.
 Emphasize a mixture of residential types and densities, while concentrating on homeownership as a general goal.
 Ensure that ample buffers are established between incompatible land uses. 379
Yarbrough DA Amendment
April 19, 2023

Page 3 ends

 Consider the use of Transfer of Development Rights (TDR) provisions to provide for an equitable distribution of the economic returns from future development for all property owners in the Southport area.

Environmental Considerations
Staff has determined that the action does not require further environmental review pursuant to Sections 15162 and 15168 of the CEQA Guidelines. The City is reviewing the approved Environmental Impact Report (EIR) to ensure that it is updated to reflect current CEQA guidelines with respect to any future discretionary decisions on the project.

Commission Recommendation
The DA amendment was recommended for approval by the Planning Commission on March 16, 2023.

Strategic Plan Integration
Not applicable.

Alternatives
The Council’s primary alternative is to conduct the public hearing and vote to not approve the amendment to DA for an extension of time on the Yarbrough Project. Although staff does not recommend this alternative, staff is prepared to effectuate this alternative upon the Council’s direction.

Coordination and Review
The content of this report has been coordinated with staff from the Community Development Department and the City Attorney’s Office.

Budget/Cost Impact
The landowner is paying for all staff and City Attorney costs via a monetary deposit and reimbursement agreement.

ATTACHMENT(S)
1) Yarbrough Location Map
2) Yarbrough Development Agreement
3) Planning Commission Resolution 23-1PC
4) Ordinance 23-4
380
Attachment1
381

873763.17

OFFICIAL BUSINESS
Document entitled to free recording
Government Code Section 6103

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of West Sacramento
1110 West Capitol Avenue
West Sacramento, CA 95691
Attn: City Clerk
____________________________________________________________________________ (SPACE ABOVE THIS LINE RESERVED FOR
RECORDER’S USE)

DEVELOPMENT AGREEMENT

BY AND BETWEEN

THE CITY OF WEST SACRAMENTO
AND

ASB SOUTHPORT II LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND THE BILLY G. AND LOUISE YARBROUGH TRUST, A REVOCABLE FAMILY TRUST, AS LANDOWNERS

RELATIVE TO YARBROUGH
382

TABLE OF CONTENTS
Page
873763.17
RECITALS ................................................................................................................................ 1

1. AUTHORIZATION .............................................................................................. 1

2. PUBLIC HEARING ............................................................................................. 1

3. ENVIRONMENTAL REVIEW ............................................................................. 1

4. NEED FOR SERVICES AND FACILITIES ......................................................... 1

5. CONTRIBUTION TO COSTS OF FACILITIES AND SERVICES ........................ 1

6. PUBLIC BENEFITS ........................................................................................... 2

7. LANDOWNER ASSURANCES .......................................................................... 2

8. CONSISTENCY WITH GENERAL PLAN AND SOUTHPORT
FRAMEWORK PLAN ......................................................................................... 2 DEFINITIONS ........................................................................................................................... 2

1. DEFINITIONS .................................................................................................... 2

1.1. Adopting Ordinance ................................................................................ 2

1.2. Agreement .............................................................................................. 3

1.3. CEQA ..................................................................................................... 3

1.4. City ......................................................................................................... 3

1.5. City Manager .......................................................................................... 3

1.6. Clubhouse .............................................................................................. 3

1.7. Collective Standards .............................................................................. 3

1.8. Designated Trail System ........................................................................ 3

1.9. Development Agreement Law ................................................................ 3

1.10. Effective Date ......................................................................................... 3

1.11. EIR ......................................................................................................... 4

1.12. Existing Land Use Regulations ............................................................... 4

1.13. Existing Plus Approved ........................................................................... 4

1.14. Fee ......................................................................................................... 4

1.15. General Plan .......................................................................................... 4

1.16. Grand Meadow ....................................................................................... 4

1.17. Improvement ......................................................................................... 4

1.18. Infrastructure .......................................................................................... 4

1.19. Lake Park ............................................................................................... 4 383

TABLE OF CONTENTS
(Continued)
Page
ii
873763.17

1.20. Landowner ............................................................................................. 5

1.21. Law ........................................................................................................ 5

1.22. Master Affordable Housing Agreement ................................................... 5

1.23. Mitigation Measures ............................................................................... 5

1.24. Mitigation Monitoring and Reporting Program ......................................... 5

1.25. Neighborhood Park ................................................................................ 5

1.26. Non-Project Specific ............................................................................... 5

1.27. Not a Part Lands .................................................................................... 5

1.28. Planning Commission ............................................................................. 5

1.29. Pocket Park ............................................................................................ 5

1.30. Project .................................................................................................... 5

1.31. Project Approvals ................................................................................... 6

1.32. Property.................................................................................................. 6

1.33. Pro Shop ................................................................................................ 6

1.34. Public Works and Community Development Director or Director ............ 6

1.35. Reserved Powers ................................................................................... 6

1.36. Southport Area ....................................................................................... 6

1.37. Southport Framework Plan ..................................................................... 6

1.38. Successor or Successor in Interest ........................................................ 7

1.39. Vested Right ........................................................................................... 7

1.40. Yarbrough Design Guidelines ................................................................. 7

1.41. Yarbrough Inclusionary Units .................................................................. 7 AGREEMENT ........................................................................................................................... 7

1. Incorporation of Recitals .................................................................................... 7

2. Description of Property....................................................................................... 7

3. Relationship of City and Landowner ................................................................... 7

4. Representations, Warranties and Acknowledgments ......................................... 7

4.1 Title to Property ...................................................................................... 8

4.2 Authority ................................................................................................. 8

4.3 Brokers ................................................................................................... 8

4.4 Procedures and Requirements ............................................................... 8 384

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5. Effective Date and Term .................................................................................... 8

5.1 Effective Date ......................................................................................... 8

5.2 Term ....................................................................................................... 8

5.3 Automatic Termination Upon Completion and Sale of Individual Lots ........................................................................................................ 8

5.4 Termination by Mutual Consent .............................................................. 9

5.5 Effect of Termination .............................................................................. 9

6. Project Approvals and Vested Rights ................................................................. 9

6.1 Project Approvals ................................................................................... 9

6.2 Reserved Powers Relating to Project Entitlements and Approvals ......... 9

6.3 Meet and Confer ....................................................................................11

6.4 Further Reviews ....................................................................................11

6.5 Referendum ..........................................................................................11

7. Subdivision Maps ..............................................................................................11

7.1 Term of Tentative Subdivision Maps ......................................................11

7.2 Vesting Tentative Maps .........................................................................11

8. Applicable Rules, Regulations, Fees and Official Policies .................................12

8.1 Rules Regarding Design and Construction ............................................12

8.2 Uniform Codes Applicable .....................................................................12

8.3 Fees, Dedications, Assessments and Taxes .........................................12

9. Payment and Performance Bonds ....................................................................13

10. Use of Property .................................................................................................13

10.1 Right to Develop ....................................................................................13

10.2 Permitted Uses ......................................................................................14

10.3 Design Guidelines .................................................................................14

11. Master Affordable Housing Agreement .............................................................14

12. Recreational Uses .............................................................................................15

12.1 Golf Course ...........................................................................................15

12.2 Parks .....................................................................................................15

13. Public Improvements ........................................................................................18

13.1 Drainage Master Plan and Drainage Impact Fee Study .........................18

13.2 Water Master Plan .................................................................................19 385

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13.3 Sewer Master Plan ................................................................................20

13.4 Traffic ....................................................................................................21

14. Phasing and Financing of Improvements and Infrastructure ..............................23

14.1 Phasing .................................................................................................23

14.2 Financing ...............................................................................................23

14.3 Reimbursement .....................................................................................24

15. Levee Improvements ........................................................................................24

16. Additional Obligations .......................................................................................25

16.1 Fire and Police ......................................................................................25

16.2 School Agreement .................................................................................25

16.3 Enhanced Transit System .....................................................................26

16.4 Traffic Reduction Plan ...........................................................................26

16.5 Evacuation and Emergency Management Plan .....................................26

17. Tower Court Fee Credits ...................................................................................27

18. Community Facilities District .............................................................................27

18.1 Financing ...............................................................................................27

18.2 Costs .....................................................................................................28

19. Service District for Maintenance ........................................................................28

19.1 Formation ..............................................................................................28

20. Home Owners Association ................................................................................28

21. Not a Part Lands ...............................................................................................28

22. Amendment or Cancellation ..............................................................................29

22.1 Amendment by Mutual Consent ............................................................29

22.2 Insubstantial Amendments ....................................................................29

22.3 Amendment of Project Approvals ..........................................................29

22.4 Limitation on Number of Units ...............................................................29

23. Rights and Duties of Mortgage Lenders in Possession of Property ...................29

24. Annual Review of Agreement ............................................................................30

24.1 Review Date ..........................................................................................30

24.2 Procedures ............................................................................................30

24.3 Fee for Annual Review ..........................................................................30 386

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25. Default ..............................................................................................................30

25.1 Default ...................................................................................................30

25.2 Notice ....................................................................................................30

25.3 Cure ......................................................................................................30

25.4 Remedies ..............................................................................................30

25.5 Additional Procedures and Remedies ....................................................30

25.6 Building Permits ....................................................................................31

25.7 Waiver of Damages ...............................................................................31

25.8 Rescission .............................................................................................31

26. Insurance and Indemnity ...................................................................................31

26.1 Indemnification, Defense and Hold Harmless ........................................31

26.2 Insurance ..............................................................................................32

27. Binding Effect on Successors............................................................................32

27.1 Assignment ...........................................................................................32

27.2 Subsequent Assignments ......................................................................33

27.3 Runs with the Land ................................................................................33

28. Miscellaneous ...................................................................................................33

28.1 Prevailing Wages ..................................................................................33

28.2 Estoppel Certificate ...............................................................................33

28.3 Recordation ...........................................................................................33

28.4 Notices ..................................................................................................34

28.5 References to Municipal Code ...............................................................34

28.6 Third Party Beneficiaries .......................................................................34

28.7 Force Majeure .......................................................................................34

28.8 Bankruptcy ............................................................................................34

28.9 Attorneys’ Fees and Costs in Legal Actions By Parties to the Agreement .............................................................................................34

28.10 Attorneys’ Fees and Costs in Legal Actions By Third Parties to the Agreement .............................................................................................35

28.11 Liability of City Officials ..........................................................................35

28.12 Delegation .............................................................................................35

28.13 Severability ............................................................................................35 387

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28.14 Integration .............................................................................................35

28.15 Counterparts .........................................................................................35

28.16 Interpretation .........................................................................................35

28.17 Inconsistency ........................................................................................35

28.18 Incorporation .........................................................................................35

28.19 Compliance with Laws ...........................................................................35

28.20 Applicable Law and Venue ....................................................................35

28.21 Time of the Essence ..............................................................................35 388
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DEVELOPMENT AGREEMENT

RELATIVE TO YARBROUGH
This Yarbrough Development Agreement (“Agreement”) is made and entered into between the CITY OF WEST SACRAMENTO, a municipal corporation (“City”), and ASB Southport II LLC, a California limited liability company and the Billy G. and Louise Yarbrough Trust, a revocable family trust, (collectively, the “Landowner”). City and Landowner are hereinafter collectively referred to as the “Parties” and singularly as “Party.”

RECITALS

1. Authorization. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Government Code section 65864 et seq. (the “Development Agreement Statute”), which authorizes the City and any person having a legal or equitable interest in the real property to enter into a development agreement, establishing certain development rights in the Property, which is the subject of the development project application.

2. Public Hearing. The Planning Commission of the City of West Sacramento, serving as the City’s planning agency for purposes of development agreement review pursuant to Government Code section 65867, considered this Agreement and recommended approval of this Agreement to the City Council.

3. Environmental Review. The City Council certified as adequate and complete, the Environmental Impact Report (“EIR”) for the Project in Resolution 08-40. Mitigation Measures were identified in the EIR. The City Council has adopted Mitigation Measures, as reflected in the CEQA findings of fact adopted by the Council, and in the City’s Mitigation Monitoring and Reporting Program in City Resolution 08-4. The Mitigation Measures adopted by the City are incorporated into the Project and, in part, into the terms and conditions of this Agreement, as reflected by the CEQA findings of fact adopted by the City Council concurrently with this Agreement.

4. Need for Services and Facilities. Development of the Property will result in a need for municipal services and facilities, some of which will be provided by the City to the Project, subject to the performance of Landowner’s obligations hereunder.

5. Contribution to Costs of Facilities and Services. Landowner agrees to contribute to the costs of public facilities and services as required herein to mitigate impacts on the community of the development of the Property, and City agrees to provide such public facilities and services as required herein to assure that Landowner may proceed with and complete development of the Property in accordance with the terms of this Agreement. City and Landowner recognize and agree that, but for Landowner’s contributions to mitigate the impacts arising as a result of development entitlements granted pursuant to this Agreement, City would not and could not approve the development of the Property as provided by this Agreement and that, but for City’s covenant to provide certain facilities and services for development of the Property, Landowner would not and could not commit to provide the mitigation as provided by this Agreement. City’s vesting of the right to develop the Property, as provided herein, is in reliance upon and in consideration of Landowner’s agreement to make contributions towards 389
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the cost of public improvements as herein provided to mitigate the impacts of development of the Property as development occurs and as consistent with this Agreement.

6. Public Benefits. Development of the Project will result in significant public benefits, as more fully described hereinafter, including, without limitation:

6.1. Implementation of the development goals set forth in the Southport Framework Plan;

6.2. The provision of additional recreational opportunities and the enhancement of the appearance of the Southport area;

6.3. The provision of services within walking distance to development, as well as opportunities for employment;

6.4. The provision of a mixed-use development that is a logical extension of adjacent uses;

6.5. The furtherance of the goals and objectives of the City’s affordable housing plan.

7. Landowner Assurances. In exchange for the benefits to the City in the preceding Recitals, together with the other public benefits that will result from the development of the Property, Landowner will receive by this Agreement assurance that it may proceed with the Project in accordance with the Project Approvals, and therefore, desires to enter into this Agreement.

8. Consistency with General Plan and Southport Framework Plan. Having duly examined and considered this Agreement and having held properly noticed public hearings hereon, in City Ordinance No. 08-4, the City found that this Agreement satisfies the Government Code section 65867.5 requirement of general plan consistency. The City has also found that this Agreement satisfies the project specific Southport Framework Plan, a planned development overlay, as more particularly described in City Ordinance No. 95-8.

NOW, THEREFORE, in consideration of the above Recitals and mutual promises, conditions and covenants of the Parties contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

DEFINITIONS

1. Definitions. In this Agreement, unless the context otherwise requires, terms have the following meaning. Capitalized terms within the Exhibits not defined below have the meaning set out in the Exhibits.

1.1. “Adopting Ordinance” means Ordinance Number 08-4, adopted by the City Council on June 18, 2008, which approves this Development Agreement as required by the Development Agreement Law.
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1.2. “Agreement” means this Development Agreement, inclusive of all exhibits attached hereto.

1.3. “CEQA” means the California Environmental Quality Act, as set forth at California Public Resources Code, Division 13, commencing at Section 21000 and the CEQA Guidelines as set forth in Title 14 of the California Code of Regulations commencing at Section 15000.

1.4. "City" means the City of West Sacramento, including its agents, officers, employees, representatives and elected and appointed officials.

1.5. "City Manager" means the City Manager of the City of West Sacramento, or his or her designee.

1.6. “Clubhouse” means the main building located at the village core. The Clubhouse is envisioned to be a two-story, approximately twenty-six thousand (26,000) square feet building containing a golf clubhouse with Pro Shop, administration offices, banquet facilities, restaurant, lounge area, and golf cart storage facility.

1.7. “Collective Standards” means: (i) the provisions of this Development Agreement; (ii) the Project Approvals; (iii) land use entitlement and approvals to the Project and the Property that may be granted following the Effective Date; and (iv) Existing Land Use Regulations, except to the extent that they are collectively or individually subject to Reserved Powers.

1.8. “Designated Trail System” means a recreational system that includes bicycle trails, pedestrian trails, equestrian trials, and an equestrian staging area.

1.9. “Development Agreement Law” means Government Code section 65864 et seq. and the procedures and requirements for the consideration of development agreements contained in City Resolution No. 88-111, as amended by City Council Resolution No. 96-62. In the event of a conflict, the requirements of Government Code section 65864 et seq. shall control.

1.10. “Effective Date” means that day on which the Adopting Ordinance shall be effective. The Adopting Ordinance shall be effective thirty (30) days after its adoption by the City Council, unless the Adopting Ordinance becomes subject to a qualified referendum, in which case, the Effective Date shall be the day after the referendum election, if the Adopting Ordinance is approved by a majority of the voters. Litigation filed to challenge the Adopting Ordinance or this Agreement shall not affect the Effective Date, absent a court order or judgment overturning or setting aside the Adopting Ordinance, or staying the Effective Date, or remanding the Adopting Ordinance to the City. Notwithstanding the foregoing, this Agreement shall not become effective until fully executed.

1.11. “EIR” means the Draft and Final Environmental Impact Report for the “Yarbrough General Plan Amendment and Rezoning Project,” including the Mitigation Measures and Mitigation Monitoring and Reporting Plan (State Clearinghouse No. 2005072101).

1.12. “Existing Land Use Regulations” means the ordinances, resolutions and regulations applicable to the Project, to the extent they govern the permitted uses of land, and the density and intensity of land use, as set forth in the following plans and ordinances as they exist on the Effective Date:
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(i) The West Sacramento General Plan;
(ii) The Southport Framework Plan; and
(iii) The West Sacramento Zoning Code.

1.13. “Existing Plus Approved” means residential development identified in the City’s traffic model base updated in January 2008 and includes existing residential units and residential tentative maps which were approved as of December 31, 2007. A copy of the updated traffic model base is on file with the City.

1.14. “Fee” means all charges, expenses, costs, monetary exactions and any other monetary obligations imposed on Landowner by the City, other than assessments or regular or special taxes, and shall not be limited to fees paid pursuant to this Agreement. (The term "fee" need not be capitalized in this Agreement.)

1.15. “General Plan” means the General Plan of the City including the text and maps, as approved by the City in 2004, plus any other General Plan amendments approved by the City on or before the Effective Date.

1.16. “Grand Meadow” means a small meadow area, approximately two (2) to three (3) acres in area, that provides a place for concerts, festivals, and larger people-gathering events.

Typical elements include a lawn area, sitting areas, and plaza.

1.17. “Improvement” means any on-site or off-site conveyance, grant or dedication of property or property rights, non-monetary exaction, construction and/or installation of a work of public improvement, street, facility, utility, park facility or recreational amenity which is to be transferred to the City, or any other contribution of property (other than fees), imposed on Landowner by the City.

1.18. “Infrastructure” means the basic facilities, services, and installations needed for the functioning of the Improvements, the golf course and park facilities. (The term “infrastructure” need not be capitalized in this Agreement.)

1.19. “Lake Park” means a linear park that allows access to the lake water edge while connecting with a series of day use recreation nodes and landscape features with a Designated Trail System. Typical elements include par courses, small plazas with lake overlooks, informal tree groves, accent plantings, rock outcroppings, a village green, a boat ramp, and the Grand Meadow. A figure showing the general location of the Lake Park is attached hereto at Exhibit D and incorporated herein by reference.

1.20. “Landowner” means, collectively, ASB II LLC, a California limited liability company and the Billy G. and Louise Yarbrough Trust, a revocable family trust, together with any successors in interest approved by the City pursuant to this Agreement.

1.21. “Law” means the case law, ordinances, statutes, rules, regulations, or any order, decree or directive of any court or any local, regional, state or federal government agency, unless the context suggests a different meaning.
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1.22. “Master Affordable Housing Agreement” means the document between the City and Landowner that will govern the development, construction, sale and resale of the Yarbrough Inclusionary Units and will ensure compliance with the requirements of Chapter 15.40 of the City’s Municipal Code, to the extent that those requirements do not conflict with Exhibit F. The Master Affordable Housing Agreement is more particularly described in Section 11 and Exhibit F of this Agreement.

1.23. “Mitigation Measures” means the mitigation measures recommended in the EIR as modified or adopted by the City Council.

1.24. “Mitigation Monitoring and Reporting Program” means the plan for implementation of the Mitigation Measures, identified in the EIR, and adopted by the City Council.

1.25. “Neighborhood Park” means a five (5) acre park that serves the informal, daily recreation needs of nearby residents in a neighborhood. An example of an existing neighborhood park is Elkhorn Park, located in the City.

1.26. “Non-Project Specific” means rules, regulations, or laws adopted by the City that, while not applicable City-wide, apply uniformly to all properties that are similarly situated, whether by geographic location or other distinguishing circumstances.

1.27. “Not a Part Lands” means approximately 45.8 acres of land that is located in the south-central area of the Property, as shown on Figure 2-3 of the EIR and labeled “N.A.P.” The Not a Part Lands are generally surrounded by, but are not a part of, the Property.

1.28. “Planning Commission” means the City of West Sacramento Planning Commission.

1.29. “Pocket Park” means a small recreation area, tot lot or sitting area that serves the daily recreational needs of nearby residents and that is generally less than four (4) acres in area. These areas typically include children’s play areas, sitting areas, and limited green space, but not formal play fields. An example of an existing Pocket Park is Redwood Park, located in the City.

1.30. "Project" means the physical development of the Property as described in the project description in the EIR, and as supplemented by the provisions of this Agreement, including Exhibit C. The Project consists of the development of a seven hundred and eleven (711) acre mixed use project containing three thousand and four (3,004) residential units, to be located on the Property.

1.31. “Project Approvals” means the entitlements that are the subject of this Agreement, consisting of the following land use approvals:
(i) The EIR.
(ii) This Development Agreement (DA 07-01), as adopted on June 18, 2008 by City Ordinance No. 08-4 (the “Adopting Ordinance”).
(iii) A General Plan Amendment (GPA 04-02), by City Resolution No. 08-3. 393
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(iv) A Southport Framework Plan Amendment by City Ordinance No. 08-11. (v) A Rezone, by City Ordinance No. 08-3.
(vi) The Yarbrough Design Guidelines, incorporated into the Southport Framework Plan Amendment, in Ordinance 08-11.
(vii) Additions to the Traffic Impact Fee Study, reflected in Exhibit I, and adopted by City Resolution 08-41.

1.32. “Property” means that certain real property consisting of approximately seven hundred and eleven (711) acres in the City of West Sacramento, County of Yolo, as more particularly described in Exhibit A and depicted in Exhibit B, attached hereto.

1.33. “Pro Shop” means a shop located at the golf course where green fees are paid, tee times are reserved, and golf merchandise is offered for sale or rent.

1.34. “Public Works and Community Development Director” or “Director” means the Public Works and Community Development Director of the City of West Sacramento, or his or her designee.

1.35. “Reserved Powers” means those powers explicitly reserved to the City by this Agreement pursuant to Section 6.2 of this Agreement.

1.36. “Southport Area” means that area of land located in the southern portion of the City and generally bound by the Deep Water Ship Channel on the north and west, the Sacramento River on the east and current City limits on the south.

1.37. “Southport Framework Plan” means that certain document adopted by the City in May 1995, together with any amendments as approved by the City on or before the Effective Date of this Agreement. The Southport Framework Plan is the development master plan for the Southport Area. The Southport Framework Plan is intended to be a refinement of the City’s General Plan and is intended to establish the foundation for a village-oriented, mixed use development. The Southport Framework Plan includes the Land Use Map, Design Guidelines, and Implementation Plan.

1.38. “Successor” or “Successor in Interest” means any subsequent owner that acquires all or any portion of the Property. This term shall not include private parties that acquire recorded residential lots that have been developed with residential dwellings within the Property. This term shall also mean any assignee under the form of assignment attached hereto as Exhibit N (i.e., any recognized successor in interest under this Agreement), and any subsequent assignee.

1.39. “Vested Right” means the right to proceed with the development of the Project in accordance with the terms of the Collective Standards, which Collective Standards may not be amended, modified or changed by the City except as provided by this Agreement. (The term "vested right" shall not be capitalized in this Agreement.)

1.40. “Yarbrough Design Guidelines” means the design guidelines for the Project, consisting of:
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(i) The Master Design Guidelines, as more specifically described in Section

10.3 of this Agreement; and
(ii) The additional design guideline elements listed in Exhibit E attached hereto, which shall become part of the Yarbrough Design Guidelines upon approval by the Planning Commission in accordance with Section 10.3; and (iii) Amendments to the Yarbrough Design Guidelines approved in accordance with Section 10.3.4.

1.41. “Yarbrough Inclusionary Units” means the affordable housing units required to be developed on the Property by Landowner, in accordance with this Agreement and as set forth in Exhibit F of this Agreement.

AGREEMENT

1. Incorporation of Recitals. The Preamble, the Recitals and all defined terms set forth in both are hereby incorporated into this Agreement as if set forth herein in full.

2. Description of Property. The Property, which is the subject of this Agreement, is described in Exhibit A and depicted in Exhibit B attached hereto (“Property”).

3. Relationship of City and Landowner. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by City and Landowner and that Landowner is not an agent of City. The City and Landowner hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making the City and Landowner joint venturers or partners.

4. Representations, Warranties and Acknowledgments.

4.1 Title to Property. Landowner represents and warrants that as of the Effective Date, Landowner holds legal and/or equitable interest in and to the Property and that all persons holding legal or equitable interest in the Property shall be bound by the Agreement.

4.2 Authority. The Parties represent and warrant that the persons signing this Agreement are duly authorized to enter into and execute this Agreement on behalf of their respective principals.

4.3 Brokers. The Parties represent and warrant that they have had no dealings with any real estate broker or agent in connection with the negotiation of this Agreement, and that they know of no other real estate broker or agent who is entitled to a commission in connection with this Agreement. In the event any real estate broker or agent shall come forward and claim the right to a commission or other form of compensation in connection with this Agreement, Landowner shall indemnify, defend and hold harmless the City in accordance with Section 26.1.

4.4 Procedures and Requirements. The Parties acknowledge that this Agreement is subject to the procedures for approval, amendment and administration set forth in the Development Agreement Law.
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5. Effective Date and Term.

5.1 Effective Date. The effective date of this Agreement means the date defined at Section 1.10 of this Agreement.

5.2 Term. The term of this Agreement shall commence on the Effective Date and extend for a period of fifteen (15) years thereafter, unless said term is terminated, modified or extended by circumstances set forth in this Agreement.

5.2.1. Tolling. The term of this Agreement shall be tolled if and for as long as City determines development within the Southport area is infeasible due to State, Federal or local health and safety requirements; provided, however, that under this circumstance the term of this Agreement shall not be tolled for longer than five (5) years.

5.2.2. Extension. The term of this Agreement may also be extended for a maximum period of five (5) years if development of at least fifty percent (50%) of residential units in the Project has occurred and all of the improvements and infrastructure associated with those units are constructed and accepted by the City, as appropriate.

Following the expiration of the term, this Agreement shall be deemed terminated and of no further force and effect.

5.3 Automatic Termination Upon Completion and Sale of Individual Lots.

Except as provided herein, this Agreement shall automatically be terminated, without any further action by either party or need to execute or record any additional document, with respect to any improved commercial or residential lot within a parcel designated by the Project Approvals for such use, upon issuance by the City of a final certificate of occupancy or its equivalent for a commercial structure or dwelling unit upon such lot and conveyance of such lot by Landowner to a bona-fide, good-faith individual purchaser. In connection with its issuance of a final inspection for any residential lot, the City shall confirm that all Improvements which are required to serve the lot have been dedicated to and accepted by the City, and all applicable fees have been paid by Landowner. Termination of this Agreement as to any such commercial or residential lot shall not in any way be construed to terminate or modify any applicable assessment district, special tax lien, fee credit, or right of reimbursement with respect to such lot. Termination of this Agreement as to any such lot shall extend solely to that lot and shall not extend to other parcels or property encompassed by this Agreement.

5.4 Termination by Mutual Consent. This Agreement may be terminated in whole or in part by the mutual written consent of all the Parties. Any fees paid or Improvements dedicated to the City prior to the date of termination shall be retained by the City.

5.5 Effect of Termination. This Agreement was entered into by the Parties for the limited purpose of setting forth certain terms and conditions concerning the proposed development of Project in a manner that is consistent with the Collective Standards.

Accordingly, nothing contained herein is intended or shall be construed to grant to Landowner any rights in connection with the future development of the Property, except for those rights set forth in the Collective Standards and in this Agreement.

The Parties recognize and agree that this Agreement imposes certain continuing obligations and responsibilities on the City and Landowner. Termination of this Agreement, 396
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whether by default as provided in Section 25 or by expiration of its own accord, shall not:
(1) affect any pre-existing liability under this Agreement owed by one Party to the other, which remains unsatisfied as of the date of termination; (2) affect those provisions of this Agreement which provide that they shall survive the termination of this Agreement, including, but not limited to the City’s Purchase Option Agreement set forth in Section 12.1.2, or Landowner’s obligations to comply with the Yarbrough Design Guidelines or Mitigation Measures; (3) be construed to terminate or modify an applicable covenant, condition, servitude or restriction that runs with the land and binds Successors; (4) affect the validity of any structure on the Property or Improvement which is completed as of the date of termination and is in compliance with all necessary permits; or (5) prevent Landowner from completing any structure on the Property or Improvement under construction at the time of termination, provided that any such structure or Improvement is completed in accordance with all necessary permits.

6. Project Approvals and Vested Rights.

6.1 Project Approvals. Upon the Effective Date, Landowner shall acquire a vested right to the Project Approvals as set forth in Section 10.1. Except as otherwise provided in Section 22.4, if Landowner applies to the City Council to amend the Project Approvals, and the City Council approves the requested amendments, then Landowner shall acquire a vested right to such amendments to the Project Approvals as of the date of approval of the amendments by the City Council; provided, however, that Landowner shall not, by virtue of this Agreement, acquire a vested right to any amended Project Approval approved after the expiration of the term of this Agreement.

6.2 Reserved Powers Relating to Project Entitlements and Approvals.

Notwithstanding any other provision of this Development Agreement to the contrary, the City retains the following reserved powers and retains the authority to take the following actions:

6.2.1. Grant or deny applications for land use entitlements and approvals for the Project and the Property, provided such action is consistent with the Collective Standards;

6.2.2. Approve, disapprove or revise subdivision maps, parcel maps or lot line adjustments for the Project and the Property, provided such action is consistent with the Collective Standards;

6.2.3. Apply, or adopt and apply, design and construction requirements for specific public improvements to serve the Project on the Property, except to the extent that such requirements are a part of the Collective Standards or expressly set forth in this Development Agreement;

6.2.4. Adopt and apply City-wide or Non-Project Specific property transfer and/or excise taxes;

6.2.5. Adopt and apply City-wide or Non-Project Specific utility charges;

6.2.6. Adopt and apply City-wide or Non-Project Specific permit processing fees;
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6.2.7. Adopt and apply regulations to protect the City and its citizens from immediate risks to health and safety. The Landowner hereby agrees that any regulation with respect to flood protection adopted in response to Federal or State guidelines, regulations, or directives shall be deemed necessary to protect the public health and safety;

6.2.8. Adopt or increase fees, charges, assessments or special taxes otherwise authorized by and in compliance with State law (e.g. Gov. Code sections 66000 et seq.), except to the extent prohibited by this Development Agreement;

6.2.9. Adopt and apply City-wide or Non-Project Specific regulations relating to the temporary use of land, the control of traffic, the regulation of sewers, water, and similar subjects, and the abatement of public nuisances;

6.2.10. Adopt and apply engineering design standards and construction specifications;

6.2.11. Adopt and apply City-wide or Non-Project Specific building and fire construction standards;

6.2.12. Adopt or undertake enforcement of land use regulation ordinances, policies, programs, or resolutions in order to comply with Federal or State laws, provided that in the event that such Federal or State laws, plans, programs or regulations prevent or preclude compliance with one (1) or more provisions of this Agreement, such provision or provisions shall be modified or suspended solely as may be necessary to comply with such Federal or State laws or regulations;

6.2.13. Adopt land use regulations, ordinances, policies, programs or resolutions that are not in conflict with, or that are less restrictive than, the terms and conditions for development of the Project on the Property established by this Development Agreement or otherwise applicable Collective Standards and which do not impose additional burdens on such development other than those that are merely procedural in nature;

6.2.14. Adopt land use regulations, ordinances, policies, programs, resolutions or fees that are in conflict with the Collective Standards, but which are either expressly made not applicable to the Property or are consented to in writing by the Landowner either through amendment of this Development Agreement or by separate document.

The foregoing Reserved Powers may be exercised by the City acting through its elected or appointed officials or its employees (subject to the appeal rights (if any) set forth in the Municipal Code), or directly by the electors through the initiative process.

6.3 Meet and Confer. If Landowner believes that the City is taking action to impair a vested right conferred by this Agreement, other than as allowed in this Agreement, Landowner shall provide to City written notice, describing the basis for Landowner’s position.

The Parties shall meet and confer within thirty (30) days thereafter in an attempt to arrive at a mutually acceptable solution.

6.4 Further Reviews. Landowner acknowledges that the Collective Standards contemplate further reviews of elements of portions of the Project by the City. These reviews include, but are not limited to, monitoring and implementation of environmental 398
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mitigation measures. Nothing in this Agreement shall be deemed to limit or expand the legal authority of City with respect to such reviews, as provided for by, and which are otherwise consistent with, this Agreement.

6.5 Referendum. Landowner acknowledges that the Adopting Ordinance, the Southport Framework Plan Amendment, the General Plan Amendment, and the Rezone, as legislative land use approvals, are potentially subject to referendum. Notwithstanding anything in this Agreement to the contrary, Landowner shall not acquire a vested right to any legislative land use approval (or to any amendment thereto): (1) while such approval or amendment is still potentially subject to referendum or (2) in the event that such approval or amendment is reversed by referendum.

7. Subdivision Maps.

7.1 Term of Tentative Subdivision Maps. Notwithstanding Government Code section 66452.6(a), the term or “life” of any tentative map for the Project shall be determined by reference to the Subdivision Map Act other than Section 66452.6(a), and shall not be automatically extended for the term of this Agreement.

7.2 Vesting Tentative Maps. Landowner reserves the right to file a “vesting tentative map” as that term is defined in Government Code section 66498.1. Landowner agrees, however, that any such vesting tentative map filed in connection with the Project will not vest the Landowner in any rights with respect to any matter that is identified in the Comprehensive Financing Agreement, the Master Affordable Housing Agreement, the Comprehensive Recreational Phasing and Financing Plan, and this Agreement (including its Exhibits). Landowner further agrees that the Comprehensive Financing Agreement, the Comprehensive Development Phasing Plan, and the Comprehensive Recreational Phasing and Financing Plan shall govern the financing and construction of infrastructure for the Project.

8. Applicable Rules, Regulations, Fees and Official Policies.

8.1 Rules Regarding Design and Construction. Unless otherwise expressly provided in this Agreement, all other ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standards and specifications applicable to the Project and to public improvements to be constructed by the Landowner shall be those in force and effect at the time the applicable permit approval is granted.

8.2 Uniform Codes Applicable. Unless otherwise expressly provided in this Agreement, the Project shall be constructed in accordance with the California Building Standards Codes, Title 24 of the California Code of Regulations, as adopted and amended by the City, as the same shall be in effect as of the time of approval of the permit in question. The Project shall also be constructed in accordance with the provisions of the California Mechanical, Plumbing, Electrical and Fire Codes, City standard construction specifications, in effect at the time of approval of the appropriate building, grading, encroachment or other construction permits for the Project. If no permit is required for a given infrastructure improvement or other improvement, such improvement will be constructed in accordance with said Codes in effect in the City as of the commencement of construction of such improvement. 399
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8.3 Fees, Dedications, Assessments and Taxes.

8.3.1. Waiver of Fee Establishment Procedures. Notwithstanding anything in this Agreement to the contrary, Landowner hereby waives the procedures and requirements imposed on cities by the Mitigation Fee Act (Government Code sections 66000 et seq.) for establishing, expending, returning, and reporting on all "fees" as that term is defined in the Mitigation Fee Act, as to the fees established as of the Effective Date of this Agreement.

This waiver shall not apply to any fees adopted after the Effective Date; thus, as to fees adopted or revised after the Effective Date, Landowner shall retain whatever rights it has under Federal and State law.

8.3.2. Processing Fees and Charges. Landowner shall pay those processing, inspection, and plan check fees and charges required by City under then current regulations for processing applications and requests for permits, approvals and other actions, and monitoring compliance with any permits issued or approvals granted or the performance of any conditions with respect thereto or any performance required of Landowner hereunder.

8.3.3. Development Impact Fees, Exactions and Dedications.

Landowner shall make all dedications of land and pay all development impact fees, connection or mitigation fees, and exactions required by the City to support in the construction of any public facilities and improvements or the provision of public services in relation to development of the Property (together “Exactions”) authorized by City after the Effective Date as long as said Exactions otherwise comply with applicable law, and are either (1) required on a City-wide basis, or (2) apply uniformly to all properties within the City that are zoned consistent with the Project Approvals, or (3) are Non-Project Specific. Except as otherwise provided in this Agreement, Exactions required by City to be paid by the Landowner that do not meet one of the preceding criteria, shall be the Exactions authorized as of the Effective Date. Wherever this Agreement obligates Landowner to design, construct or install any improvements, the cost thereof shall be provided by Landowner, or may be provided by a Community Facilities District (“CFD”) or other such financing mechanism acceptable to the City, subject to and in accordance with the provisions thereof.

8.3.4. Exhibits Not Exclusive. Landowner acknowledges that the fees and Improvements set forth in the attached Exhibits are not exclusive, but are merely set forth to clarify some of Landowner's obligations under this Agreement.

8.3.5. Mitigation of EIR Impacts. Landowner shall timely satisfy and comply with all Mitigation Measures in accordance with the schedule in the Mitigation Monitoring Plans. The Mitigation Measures are conditions of Project approval but are not the exclusive conditions of Project approval. A failure to timely satisfy any Mitigation Measure or other conditions of Project Approval without prior written City approval shall be a default of this Agreement, subject to the default and cure provisions set forth in Section 25 of this Agreement.

8.3.6. Other Public Agencies. Nothing in this Agreement is intended to govern the authority of other public agencies to impose fees.

8.3.7. Public Works and Community Development. All Improvements and work performed by Landowner in connection with the Project shall be to the satisfaction of the City Public Works Director and Community Development Director. 400
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8.3.8. Acquisition of Land for Improvements. Landowner
acknowledges that some of the public improvements required for the Project will be constructed on land that is not under the control of the Landowner or the City. The City is under no obligation to acquire land needed for the construction of such improvements, and the Parties agree that nothing in Government Code section 66452.5 or any other provision of State law will require the City to waive any conditions set forth in the Project approvals related to construction of the Project. If City acquires such land, Landowner shall be responsible for all of City's costs associated with such acquisition (including legal counsel and appraisal fees), subject to possible reimbursement as provided in Section 14.3.

9. Payment and Performance Bonds. Landowner has an affirmative obligation to secure its obligations to construct Project improvements, as required in this Agreement.

Landowner shall secure all infrastructure improvements by delivering payment and performance bonds to City, in a manner consistent with City ordinances and in accordance with this section.

Prior to the commencement of construction of any infrastructure improvement, Landowner or Landowner’s general contractor shall furnish City with payment and performance bonds (“Bonds”), issued by a corporate surety company that is an admitted insurer in the State of California and licensed to do business in California, in an amount approved by City, but not less than the full amount of the construction contract, and shall name City as obligee. The Bonds shall remain in effect until the later of (1) the date that the entire cost of developing the improvement shall have been paid in full, (2) the date that the improvement shall have been completed in accordance with this Agreement, and/or (3) the date on which the City accepted the improvement.

The Bonds shall be in the form prescribed by Government Code sections 66499.1 and 66499.2 for performance and payment bonds and be reasonably satisfactory to City.

10. Use of Property.

10.1 Right to Develop. Landowner shall have the vested right to proceed with development of the Project in accordance with the terms and conditions of this Agreement, the Collective Standards, and any amendments to the Project Approvals as shall, from time to time, be approved pursuant to this Agreement. Landowner’s development of the Property shall be subject to the terms set forth in any subsequent approvals needed for development; provided however, that any conditions, terms, restrictions and requirements contained in any subsequent approvals shall not be inconsistent with or otherwise prevent development of the Property for the uses, or reduce the density and intensity of development, or limit the rate or timing of development set forth in this Agreement, as long as Landowner is not in default under this Agreement.

10.2 Permitted Uses. The permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes, location and maintenance of on-site and off-site improvements, location of public utilities and other terms and conditions of development applicable to the Property, shall be those set forth in this Agreement, the Collective Standards and any amendments to this Agreement or the Project Approvals. City acknowledges that the Project Approvals provide for the land uses and approximate acreages for the Property as set forth in Exhibit C and Exhibit D.
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10.3 Design Guidelines.

10.3.1. Accessible Design. Medium density designated residential units in the Project shall vary in product type and include accessible designs. For purposes of this section, accessible design may include, for example, single story units, units with living quarters and bedrooms located on the first floor, and/or units that incorporate architectural elements such as wide hallways that promote use of the unit by senior citizens or people with disabilities.

10.3.2. Master Design Guidelines for the Project. Master Design Guidelines for the Yarbrough Project were approved as part of the Southport Framework Plan Amendment and incorporated into the Southport Framework Plan Design Guidelines.

10.3.3. Additional Components. Landowner shall have additional design guidelines, identified in Exhibit E, reviewed and approved by the City’s Planning Commission, in the exercise of its discretion. The additional design guidelines shall be approved by the Planning Commission, based on the timing set forth in Exhibit E, before the corresponding map or permit is issued to Landowner. Upon approval, the additional design guidelines shall be deemed incorporated into the Southport Framework Plan Design Guidelines.

10.3.4. Amendments and Modifications. Amendments or modifications to the Yarbrough Design Guidelines shall be made in accordance with the Southport Framework Plan.

11. Master Affordable Housing Agreement. Prior to or concurrent with the approval of the first tentative map for the Project, Landowner shall identify the substantive terms of the Master Affordable Housing Agreement, which substantive terms shall be to the satisfaction of City staff. Prior to or concurrent with the approval of the first final map for the Project, Landowner shall enter into the Master Affordable Housing Agreement with the City, to the satisfaction of the City. At a minimum, the Master Affordable Housing Agreement shall contain the requirements set forth in Exhibit F, attached hereto and incorporated herein by reference.

12. Recreational Uses.

12.1 Golf Course. The golf course located on the Property, and more particularly described in Exhibit G and depicted in Exhibit D, shall be an 18-hole public golf course, including a Pro Shop, and be available to City residents during normal business hours.

Construction of the golf course shall not be credited towards the Project’s Park Impact Fee obligations.

12.1.1. Timing of Construction. Construction of the golf course shall commence with the first phase of construction of the Project in accordance with the terms of the Comprehensive Development Phasing Plan. If the golf course is not completed prior to the issuance of the one thousand two hundredth (1,200th) residential building permit, then no further residential building permits shall be issued. For purposes of this section, the term “completed” shall mean that the golf course, including all infrastructure and improvements thereon, has been constructed and that the golf course is in the “grow in” or “course maturation” phase. The Pro Shop shall be constructed upon completion of the golf course such that it is open to the public for use and enjoyment at the same time that the golf course is open to the public for use and enjoyment.
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12.1.2. Purchase Option. Prior to approval of the first tentative map for the Project, Landowner shall enter into a Purchase Option Agreement with the City (the “Option”). The Option shall allow the City to acquire the golf course and resume operation of the golf course in the event the Landowner (or its successor) decides to cease operating the golf course as a public golf course, consistent with the intent of the City Council expressed at its May 14, 2008 meeting.

12.1.2.1. Legal Description To Purchase Option.

Concurrent with the approval of the first final map creating the parcel(s) containing the golf course, the Parties shall amend the Option by inserting a legal description for the golf course.

12.1.3. Indemnification. In the event the golf course closes or the City exercises its purchase option in accordance with Section 12.1.2 herein, all releases, indemnification, defenses, and protection running from individual homeowners and/or the homeowner’s association shall be transferred from the existing golf course operator to the City, its agents, designees, employees, and assigns. Landowner shall do all things necessary to cause this transfer to occur such that the City, as operator, possesses the same releases, indemnification, defenses, and protection as the existing golf course operator arising from activities related to the operation and maintenance of the golf course.

12.1.4. Operation and Maintenance. In the event that the City exercises its Option to purchase the golf course from the Landowner, Landowner shall transfer to the City any funds collected for the purpose of operating and maintaining the golf course. Landowner shall also transfer to the City control over any funding mechanism created for the operation and maintenance of the golf course.

12.2 Parks. The Project Approvals include a five (5) acre Neighborhood Park, the Lake Park (including the recreational and open space improvements included in the Lake Park), Pocket Parks, a village green, and a Designated Trail System, together with recreational and open-space improvements to these areas.

12.2.1. Funding of the Updated Parks Master Plan Park Impact Fee Study. Except as otherwise provided in Section 12.2.5, Landowner shall fund its proportionate share of an update to the Parks Master Plan and a Park Impact Fee Study. Proportionate share shall be determined based upon the projects participating in the update and is initially estimated to be twenty five percent (25%) of two hundred thousand dollars ($200,000). Landowner shall deposit funds with City within thirty-five (35) days of the Effective Date, or the date the City determines Landowner’s proportionate share, whichever occurs later.

12.2.2. Update to the Master Plan and Fee Study. Except as otherwise provided in Section 12.2.5, the City shall commence the update of the Parks Master Plan and Fee Study not more than thirty (30) days after receipt of funds from all participating projects.

Once the update and fee study are commenced, the City shall move forward expeditiously with the development and approval of the update and fee study. Landowner expressly acknowledges and agrees that City shall not commence the update to the Master Plan and Fee Study until and unless it receives fees sufficient to cover the costs of the updates.

12.2.3. Purpose of the Update to the Parks Master Plan and Park Impact Fee Study. The purpose of this update shall be to (1) reflect additional population projections in the Southport area (including the Project), (2) identify park facilities necessary to 403
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serve that population, (3) determine the costs associated with developing the identified park facilities, (4) to evaluate to what extent the park improvements included in the Project, including the Lake Park and those improvements programmed as part of the Lake Park, will be incorporated into the Parks Master Plan and eligible for park credits, and (5) include a Park Impact Fee Study for the purpose of updating the City’s park-related fees. Once the update is commenced, the City shall move forward expeditiously with the development and approval of the fee update. The Landowner shall be subject to the updated Park Impact Fee and shall pay that fee.

12.2.4. Building Permits. No building permits shall be issued for the Project until the update of the Parks Master Plan and Park Impact Fee Study is completed and the updated impact fee is approved. All required improvements identified in the updated Master Plan shall be financed and constructed in accordance with the Comprehensive Recreational Phasing and Financing Plan. Notwithstanding the foregoing, in the event that the update to the Parks Master Plan and Park Impact Fee Study has not been approved within eighteen (18) months of the City commencing the update, Landowner may be eligible to pull building permits if Landowner pays the then existing park impact fee and enters into an agreement with the City to pay the updated park impact fee when it is approved. Landowner expressly acknowledges and agrees, however, that no building permits will be issued until and unless City receives fees from Landowner and participating projects, sufficient to cover the cost to commence the update to the Master Plan and Fee Study.

12.2.5. Alternative Timing for Update to the Master Plan and Fee Study. If the City has not obtained all the funds necessary to update the Parks Master Plan and Park Impact Fee Study within ninety (90) days of the Effective Date, then Landowner may request that the City commence the updates to the Master Plan and Impact Fee Study specifically for the Project, subject to the written approval of the Director. Upon approval of the Director, Landowner shall deposit with the City one hundred percent (100%) of the cost of the updates; Landowner acknowledges that, notwithstanding Section 14.3, Landowner shall not be entitled to reimbursement for funding the updates under this section since the update would only include the Project. The City and Landowner acknowledge and agree that the intent of this section is to provide Landowner an opportunity to move forward with the Parks Master Plan and Park Impact Fee Study, in the event that the City is unable to obtain funding from all participating projects.

12.2.6. Ownership and Maintenance. The Neighborhood Park and Designated Trail System shall be publicly owned and maintained, and open to the public for use and enjoyment. Unless otherwise indicated in the Comprehensive Recreational Phasing and Financing Plan, all other park facilities developed as part of the Project shall be open to the public for use and enjoyment, but shall be privately owned and maintained.

12.2.7. Credits.

12.2.7.1. Upon completion of the construction of the park facilities identified in the Comprehensive Recreational Phasing and Financing Plan, and at such time as the improvements are “completed,” Landowner shall be eligible for park impact fee credits to the extent that the facilities are consistent with the City’s updated Parks Master Plan and identified in the Master Plan as being eligible for credit. For purposes of this section, park facilities are “completed” when the facility and corresponding improvements and infrastructure are constructed and available for public use and enjoyment. 404
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12.2.7.2. The City shall have a controlling role in
programming, design, and construction of any park facilities eligible for credit; however, all costs associated with any park facility shall be borne by the Landowner. The term “controlling role” shall be described in the Comprehensive Recreational Phasing and Financing Plan.

12.2.8. Timing of Improvements of Parks. The construction of park facilities shall be phased in accordance with Section 12.2.9, the Comprehensive Recreational Phasing and Financing Plan. Park facilities adjacent to a residential neighborhood shall be constructed and completed prior to completion of fifty percent (50%) of the residential dwelling units in the residential neighborhood. For purposes of this section 12.2.8, park facilities are “completed” when the park facility and corresponding improvements and infrastructure are constructed and available for public use and enjoyment. A residential dwelling unit is “completed” when the City has performed its final inspection of the unit and the unit is eligible for the issuance of a certificate of occupancy or its equivalent.

12.2.9. Comprehensive Recreational Phasing and Financing Plan.

Landowner agrees to prepare and implement a Comprehensive Recreational Phasing and Financing Plan that shall include, but not be limited to the following:

12.2.9.1. Designated Trail System,

12.2.9.2. The Lake Park,

12.2.9.3. The Neighborhood Park, and

12.2.9.4. Pocket Parks.

The Comprehensive Recreational Phasing and Financing Plan shall identify specific residential neighborhoods and the timing of construction of the corresponding park facilities adjacent to those neighborhoods to ensure compliance with the provisions set forth in this Agreement and the Parks Master Plan update. The Comprehensive Recreational Phasing and Financing Plan shall also define, with specificity, Landowner’s obligation to finance the park facilities. Prior to the issuance of the first tentative map for the Project, Landowner shall identify the substantive terms of the Comprehensive Recreational Phasing, Financing, and Reimbursement Plan. The Comprehensive Recreational Phasing and Financing Plan shall be subject to the review and written approval of the City, prior to the approval of the first final map for the Project.

12.2.10. Designated Trail System. No later than the timing set forth in the Comprehensive Recreational Phasing and Financing Plan of the subdivision improvements, Landowner shall design, construct, and grant a Designated Trail System.

Segments of the Designated Trail System shall be phased to provide connectivity to other transit corridors within the Property.

13. Public Improvements.

13.1 Drainage Master Plan and Drainage Impact Fee Study.

13.1.1. Funding of the Updated Master Plan and Fee Study. Except as otherwise provided in Section 13.1.6, Landowner shall fund its proportionate share of an update 405
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to the Drainage Master Plan and a Drainage Impact Fee Study. Proportionate share shall be determined based upon the projects participating in the update and their respective equivalent dwelling units. Landowner shall deposit funds with City within thirty-five (35) days of the Effective Date, or the date the City determines Landowner’s proportionate share, whichever occurs later.

13.1.2. Update of the Master Plan and Fee Study. Except as otherwise provided in Section13.1.6, the City shall commence the update of the Drainage Master Plan and Fee Study not more than thirty (30) days after receipt of funds from all participating projects.

13.1.3. Eligibility for Reimbursement. Eligibility of Landowner for reimbursement, including reimbursement for the construction and improvement of the lakes and waterways as a retention basin for purposes of drainage, shall be in accordance with Section

14.3. Credits or reimbursements shall be limited to the amount of land necessary to provide drainage for the Project as reflected in the Hydrology study in the EIR.

13.1.4. Construction and Financing of Improvements. All improvements and infrastructure identified in the update to the Drainage Master Plan shall be incorporated into the Comprehensive Development Phasing Plan and Comprehensive Financing Agreement.

13.1.5. Building Permits. No building permits shall be issued for the Project until the update of the Drainage Master Plan and Drainage Impact Fee Study is completed and the updated impact fee is approved. All required improvements identified in the updated Master Plan shall be financed and constructed in accordance with the Comprehensive Financing Agreement and Comprehensive Development Phasing Plan. Notwithstanding the foregoing, in the event that the update to the Drainage Master Plan and Drainage Impact Fee Study has not been approved within eighteen (18) months of the City commencing the update, Landowner may be eligible to pull building permits if Landowner pays the then existing drainage impact fee and enters into an agreement with the City to pay the updated drainage impact fee when it is approved. Landowner expressly acknowledges and agrees, however, that no building permits will be issued until and unless City receives fees from Landowner and participating projects, sufficient to cover the cost to commence the update to the Master Plan and Fee Study.

13.1.6. Alternative Timing for Update to the Master Plan and Fee Study. If the City has not obtained all the funds necessary to update the Drainage Master Plan and Drainage Impact Fee Study within ninety (90) days of the Effective Date, then Landowner may request that the City commence the updates to the Master Plan and Impact Fee Study specifically for the Project, subject to the written approval of the Director. Upon approval of the Director, Landowner shall deposit with the City one hundred percent (100%) of the cost of the updates; Landowner acknowledges that, notwithstanding Section 14.3, Landowner shall not be entitled to reimbursement for funding the updates under this section since the update would only include the Project. The City and Landowner acknowledge and agree that the intent of this section is to provide Landowner an opportunity to move forward with the Drainage Master Plan and Drainage Impact Fee Study, in the event that the City is unable to obtain funding from all participating projects.
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13.1.7. Lakes and Waterways. Lakes and waterways developed as part of the Project shall be privately owned by the Landowner. Landowner shall maintain and operate the lakes and waterways in accordance with Exhibit E and to the satisfaction of Reclamation District 900, its successors or assigns. Upon approval of the final map for the Project that identifies and creates the lakes and waterways as a separate parcel of land, Landowner shall grant the City an Irrevocable Offer of Dedication (the “IOD”) to the said parcel.

The IOD shall be in a form prepared by the City and offer the City the right, but not the obligation, to accept the lakes and waterways. In the event that the City accepts the lakes and waterways from the Landowner, the Landowner shall transfer to the City any funds collected for the purpose of operating and maintaining the lakes and waterways. Landowner shall also transfer to the City control over any funding mechanism created for the operation and maintenance of the lakes and waterways. Upon transfer of the funds and funding mechanism from Landowner to the City, the City shall be responsible for the operation and maintenance of the lakes and waterways. Nothing in this section shall be construed to allow Landowner to receive compensation or to be eligible for reimbursements or credits toward development impact fees for the IOD.

13.2 Water Master Plan.

13.2.1. Funding of the Updated Master Plan and Fee Study. Except as otherwise provided in Section 13.2.6, Landowner shall fund its proportionate share of an update to the Water Master Plan and a Water Impact Fee Study. Proportionate share shall be determined based upon the projects participating in the update and their respective equivalent dwelling units. Landowner shall deposit funds with the City within thirty-five (35) days of the Effective Date, or the date the City determines Landowner’s proportionate share, whichever occurs later.

13.2.2. Update of the Master Plan and Fee Study. Except as otherwise provided in Section 13.2.6, the City shall commence the update of the Water Master Plan and Fee Study not more than thirty (30) days after receipt of funds from all participating projects.

13.2.3. Water Supply, Treatment Extensions and Storage. Landowner shall construct or advance funds for water supply, treatment extensions and/or storage expansion, or other infrastructure necessary to serve the Project, as identified in the updated Water Master Plan. The City shall have a controlling role in the program, design, and construction of such facilities.

13.2.4. Eligibility for Reimbursement. Eligibility of Landowner for reimbursement shall be in accordance with Section 14.3.

13.2.5. Building Permits. No building permits shall be issued for the Project until the update of the Water Master Plan is completed and the updated impact fee approved. All required improvements identified in the updated Water Master Plan shall be financed and constructed in accordance with the Comprehensive Financing Agreement and Comprehensive Development Phasing Plan. Notwithstanding the foregoing, in the event that the update to the Water Master Plan and Fee Study has not been approved within eighteen (18) 407
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months of the City commencing the update, Landowner may be eligible to pull building permits if Landowner pays the then existing water impact fee and enters into an agreement with the City to pay the updated water impact fee when it is approved. Landowner expressly acknowledges and agrees, however, that no building permits will be issued until and unless City receives fees from Landowner and participating projects, sufficient to cover the cost to commence the update to the Master Plan and Fee Study.

13.2.6. Alternative Timing for Update to the Master Plan and Fee Study. If the City has not obtained all the funds necessary to update the Water Master Plan and Water Impact Fee Study within ninety (90) days of the Effective Date, then Landowner may request that the City commence the updates to the Master Plan and Impact Fee Study specifically for the Project, subject to the written approval of the Director. Upon approval of the Director, Landowner shall deposit with the City one hundred percent (100%) of the cost of the updates; Landowner acknowledges that, notwithstanding Section 14.3, Landowner shall not be entitled to reimbursement for funding the updates under this section since the update would only include the Project. The City and Landowner acknowledge and agree that the intent of this section is to provide Landowner an opportunity to move forward with the Water Master Plan and Water Impact Fee Study, in the event that the City is unable to obtain funding from all participating projects.

13.3 Sewer Master Plan.

13.3.1. Funding of the Updated Master Plan and Fee Study. Except as otherwise provided in Section 13.3.6, Landowner shall fund an update to the Sewer Master Plan and a Sewer Impact Fee Study. Proportionate share shall be determined based upon the projects participating in the update and their respective equivalent dwelling units. Landowner shall deposit funds with City within thirty-five (35) days of the Effective Date, or the date the City determines Landowner’s proportionate share, whichever occurs later.

13.3.2. Update of the Master Plan and Fee Study. Except as otherwise provided in Section 13.3.6, the City shall commence the update of the Sewer Master Plan and Fee Study not more than thirty (30) days after receipt of funds from all participating projects.

Once the update is commenced, the City shall move forward expeditiously with the development and approval of the update and fee study. Landowner expressly acknowledges and agrees that City shall not commence the update to the Master Plan and Fee Study until and unless it receives fees sufficient to cover the costs of the updates.

13.3.3. Wastewater Treatment. Landowner shall cooperate with Sacramento Regional County Sanitation District (“SRCSD”) regarding the capacity of the wastewater treatment and lower northwest inceptor. Landowner shall also construct or advance funds for any required pump station improvements and/or wastewater infrastructure expansion.

The City and SRCSD shall have a controlling role in the program, design, and construction of such facilities.

13.3.4. Eligibility for Reimbursement. Eligibility of Landowner for reimbursement shall be in accordance with Section 14.3.

13.3.5. Building Permits. No building permits shall be issued for the Project until the update of the Sewer Master Plan is completed and the updated impact fee approved. All required improvements identified in the updated Sewer Master Plan shall be 408
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financed and constructed in accordance with the Comprehensive Financing Agreement and Comprehensive Development Phasing Plan. Notwithstanding the foregoing, in the event that the update to the Sewer Master Plan and Fee Study has not been approved within eighteen (18) months of the City commencing the update, Landowner may be eligible to pull building permits if Landowner pays the then existing sewer impact fee and enters into an agreement with the City to pay the updated sewer impact fee when it is approved. Landowner expressly acknowledges and agrees, however, that no building permits will be issued until and unless City receives fees from Landowner and participating projects, sufficient to cover the cost to commence the update to the Master Plan and Fee Study.

13.3.6. Alternative Timing for Update to the Master Plan and Fee Study. If the City has not obtained all the funds necessary to update the Sewer Master Plan and Sewer Impact Fee Study within ninety (90) days of the Effective Date, then Landowner may request that the City commence the updates to the Master Plan and Impact Fee Study specifically for the Project, subject to the written approval of the Director. Upon approval of the Director, Landowner shall deposit with the City one hundred percent (100%) of the costs of the updates; Landowner acknowledges that, notwithstanding Section 14.3, Landowner shall not be entitled to reimbursement for funding the updates under this section since the update would only include the Project. The City and Landowner acknowledge and agree that the intent of this section is to provide Landowner an opportunity to move forward with the Sewer Master Plan and Sewer Impact Fee Study, in the event that the City is unable to obtain funding from all participating projects.

13.4 Traffic.

13.4.1. Funding of the Updated Fee Study. Except as otherwise provided in Section 13.4.5, Landowner shall fund an update to the Traffic Impact Fee Study.

Proportionate share shall be determined based upon the projects participating in the update and their respective equivalent dwelling units. Landowner shall deposit funds with City within thirtyfive (35) days of the Effective Date, or the date the City determines Landowner’s proportionate share, whichever occurs later.

13.4.2. Update of the Fee Study. Except as otherwise provided in Section 13.4.5, the City shall commence the update of the Traffic Impact Fee Study not more than thirty (30) days after receipt of funds from all participating projects. Once the update of the fee study has commenced, the City shall move forward expeditiously with the development and approval of the fee study. The updated Traffic Impact Fee study shall include the improvements set forth in Exhibit I of this Agreement. Landowner also agrees to make the improvements and funding commitments more particularly described in Exhibit J of this Agreement. Landowner expressly acknowledges and agrees that City shall not commence the update to the Fee Study until and unless it receives fees sufficient to cover the costs of the updates.

13.4.3. Eligibility for Reimbursement. Eligibility of Landowner for reimbursement shall be in accordance with Section 14.3.

13.4.4. Building Permits. No building permits shall be issued for the Project until the update of the Traffic Impact Fee Study is completed and the updated impact fee approved. All required improvements identified in the updated Traffic Impact Fee Study shall be financed and constructed in accordance with the Comprehensive Financing Agreement and Comprehensive Development Phasing Plan. Notwithstanding the foregoing, in the event that 409
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the update to the Traffic Impact Fee Study has not been approved within eighteen (18) months of the City commencing the update, Landowner may be eligible to pull building permits if Landowner pays the then existing traffic impact fee and enters into an agreement with the City to pay the updated traffic impact fee when it is approved. Landowner expressly acknowledges and agrees, however, that no building permits will be issued until and unless City receives fees from Landowner and participating projects, sufficient to cover the cost to commence the update to the Traffic Impact Fee Study.

13.4.5. Alternative Timing for Update to the Fee Study. If the City has not obtained all the funds necessary to update the Traffic Impact Fee Study within ninety (90) days of the Effective Date, then Landowner may request that the City commence the updates to the Traffic Impact Fee Study specifically for the Project, subject to the written approval of the Director. Upon approval of the Director, Landowner shall deposit with City one hundred percent (100%) of the cost of the updates and Landowner acknowledges that, notwithstanding Section

14.3, it shall not be entitled to reimbursement for funding the update under this section since the update would only include the Project. The City and Landowner acknowledge and agree that the intent of this section is to provide Landowner an opportunity to move forward with the Traffic Impact Fee Study, in the event that the City is unable to obtain funding from all participating projects.

13.4.6. South River Road Bridge.

13.4.6.1. Construction of the South River Road Bridge.

The South River Road Bridge, as more particularly described in Exhibit H, shall be constructed and completed prior to the issuance of the combined total of two thousand (2,000) residential building permits within the Southport area beyond those identified as Existing plus Approved.

Once the two thousandth (2,000th) threshold is reached, no further building permits shall be issued for the Project until the South River Road Bridge is constructed and open to the public for use and enjoyment.

13.4.6.2. Funding of the South River Road Bridge.

Landowner shall pay or advance all fees and costs for the design, development and construction of the South River Road Bridge at least eighteen (18) months before the issuance of the two thousandth (2,000th) building permit in the Southport area, or as more particularly described in the Comprehensive Financing Agreement. The Comprehensive Financing Agreement shall identify with specificity the timing of Landowner’s obligations towards financing the South River Road Bridge and the Landowner’s proportionate share of costs.

13.4.6.3. Reimbursement. Landowner shall be eligible for reimbursement pursuant to Section 14.3. In the City’s sole discretion, Landowner may alternatively establish or join a financing mechanism to fund the design, development, and construction of the bridge.

14. Phasing and Financing of Improvements and Infrastructure.

14.1 Phasing.

14.1.1. Comprehensive Development Phasing Plan. Landowner shall identify and agrees to prepare and implement a comprehensive development phasing plan that 410
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shall include, but not be limited to the phasing of the following (collectively, the “Comprehensive Development Phasing Plan”):

14.1.1.1. Project construction activities, generally,

14.1.1.2. Infrastructure development, including any
Improvements identified in the updated Water, Sewer, Drainage, and Traffic Impact Fee Study, but not including park facilities, which are separately addressed in the Comprehensive Recreational Phasing and Financing Plan,

14.1.1.3. Commercial site availability for development,

14.1.1.4. The golf course,

14.1.1.5. Affordable housing construction, and

14.1.1.6. Planning and implementation of interim and
alternative transit modes and routes, including a mechanism to permit substitution of transportation improvements and/or mitigation measures to achieve equivalent mitigation while protecting the interests of the affected neighborhood.

The substantive terms of the Comprehensive Development Phasing Plan shall be identified and generally accepted by City staff, prior to the approval of the first tentative map for the Project. The Comprehensive Development Phasing Plan shall be subject to the review and written approval of the City, and shall be approved prior to the issuance of the first final map for the Project. In reviewing and approving the Comprehensive Development Phasing Plan, City staff shall take into consideration the phasing of the Project in an effort to limit the potential temporal disturbance from construction activities on surrounding residential properties.

14.2 Financing.

14.2.1. Comprehensive Financing Agreement. The substantive terms of the Comprehensive Financing Agreement shall be identified and generally accepted by City staff, prior to the approval of the first tentative map for the Project. Prior to approval of the first final map for the Project, Landowner and City shall enter into an agreement defining with specificity Landowner’s obligations in connection with the financing and construction of certain infrastructure improvements in the City (the “Comprehensive Financing Agreement”). The Comprehensive Financing Agreement shall include the financing of improvements identified in Exhibit M, attached hereto and incorporated herein by reference.

14.2.2. Advance Funding for Traffic Improvements. The City will use its reasonable efforts to require any new development in the Southport area that is greater than fifty (50) residential units to participate in the advance funding of the South River Road Bridge and other Southport area traffic improvements identified in the Updated Traffic Impact Fee Study.

14.3 Reimbursement. Whenever the size of any improvements set forth in this Agreement are partly attributable to other development projects, or Landowner advances funds in excess of its proportionate share for the update of any master plan or fee study in accordance with this Agreement, Landowner and the City will enter into a reimbursement 411
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agreement pursuant to the City’s Municipal Code Chapter 16.48. The City acknowledges that the intent of a reimbursement agreement is to provide a mechanism by which Landowner may be eligible to receive reimbursement when the reasonable cost incurred by developer in constructing public improvements exceeds the developer’s “fair share” of the cost of the improvements. Under such circumstances, Landowner may be eligible to receive reimbursement from applicable impact fees paid by the Landowner or other developers.

Landowner acknowledges, however, that a reimbursement agreement does not guarantee reimbursement. The City finances the development of other public improvements in a similar manner, and as a result, some or all of the fees that the City will collect or be entitled to collect from other development may be used to reimburse other developers for eligible public improvements constructed by them. In addition, the City may contract directly for the construction of public improvements using available or anticipated impact fees. Consequently, the City makes no representation or warranty concerning the availability or sufficiency of future fees to provide full reimbursement to Landowner. Furthermore, in some cases Landowner may be required by the terms of this Agreement or the Comprehensive Financing Agreement to pay more than its “fair share” of the cost of certain public improvements. In such cases, Landowner may not be eligible for reimbursement or may be eligible for reimbursement, but in an amount less than what Landowner might otherwise be eligible to receive but for this Agreement.

Nevertheless, the City and Landowner understand and agree that, within the constraints identified above, the intent of this Agreement is to attempt to provide a mechanism for reimbursing Landowner to the extent that reasonable costs exceed Landowner’s “fair share,” and although the City cannot guarantee a particular outcome, the City shall use its best efforts to exercise its discretion in a manner consistent with this intent.

15. Levee Improvements.

15.1 Prior to the approval of the first final map for the Project, Landowner shall comply with and implement any levee improvements determined by the City to be necessary for development of the Project. The parties anticipate that the improvements may include the following:

15.1.1. Conversion of Project’s in-lieu fees with a mutually acceptable funding mechanism to City and Landowner, and/or,

15.1.2. Dedication of any land, permanent easement or right-of-way required for construction or maintenance of any feasible levee improvement which shall qualify for reimbursements or credits against the Project’s in-lieu fees, in accordance with Section 14.3.

15.1.3. Compliance with any flood construction standards that may be eventually mandated by the City or state, and/or additional financial advancements.

The value of any dedicated land, easements, or rights-of-way, shall be determined by the City at the time of the first tentative map approval.

In addition to any of the above improvements, Landowner shall make a financial advancement beyond the payment of in-lieu fees, to achieve a Federal Emergency Management Agency (“FEMA”) designation to allow the development of the Project; provided, however, that Landowner’s requirement to make additional financial contributions is Non-Project Specific and the financial advancement is proportionate to the Project. The City and Landowner understand and acknowledge that such financial advancement, if required, may affect the 412
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phasing of the golf course. The Comprehensive Financing Agreement shall address the timing and phasing of such improvements and financial contributions.

15.2 Construction Easements. Prior to the approval of the first final map for the Project, Landowner shall grant to the City, without compensation or credits, temporary construction easements along the deep water ship channel, as required by the Army Corps of Engineers, Reclamation District 900, and/or the West Sacramento Flood Control Agency, for levee improvements within the Property. Landowner agrees that areas designated by those agencies shall be no build areas until such time that the levee improvements are constructed and completed.

16. Additional Obligations.

16.1 Fire and Police. Landowner shall dedicate property to the City for the purpose of a planned fire station (relocated Station # 42) and police annex within the Project, in accordance with the Comprehensive Development Phasing Plan and Comprehensive Financing Agreement and the Southport Fire Response Study. The timing of construction shall be identified in the Comprehensive Phasing Agreement. The dedication of property and any advance funding for the design and construction of the planned fire station and police annex will be eligible for impact fee credits and reimbursements in accordance with Section 14.3.

16.2 School Agreement. Landowner shall enter into an agreement with the Washington Unified School District, to the satisfaction of the School District, for the phasing and development of school facilities to serve the Project. Prior to the approval of the first final map for the Project, Landowner shall provide the City with evidence of the fully executed agreement.

16.3 Enhanced Transit System. The Comprehensive Development Phasing Plan and Comprehensive Financing Plan shall require Landowner to participate in a mechanism to finance capital costs for an enhanced transit system and to participate in a financing mechanism for annual operating costs. Landowner’s contribution to capital costs is initially estimated at one million seven hundred thousand dollars ($1,700,000), and Landowner’s contribution to operating costs is initially estimated at six hundred thousand dollars ($600,000) per year. These financing mechanisms shall include the Project and any other projects as bound between Jefferson Boulevard, the Sacramento River, and the barge canal, for an enhanced Southport-wide transit system upon City adoption. The Comprehensive Development Phasing Plan and Comprehensive Financing Plan shall address the timing and/or phasing of such mechanisms along with interim and alternative transit modes and routes.

16.4 Traffic Reduction Plan. Landowner shall devise a traffic reduction plan for the Project that provides measures to reduce traffic, such as:

16.4.1. Parking facilities: preferential parking for carpools and vanpools, perimeter or park-and-ride lots with shuttle service, restricted parking for single-occupancy vehicles;

16.4.2. Bicycle facilities: secured bicycle parking facilities, bicycle lockers, bicycle racks, showers and lockers;
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16.4.3. Services: on-site sale of transit passes, shuttle services, carpool/vanpool matching services, informational and promotional programs, guaranteed ridehome program;

16.4.4. Subsidies: subsidies for transit passes/tickets, parking subsidies, vanpool subsidies;

16.4.5. Special incentives: creative incentive programs, disincentives, schedules (flextime, alternative work shifts), telecommuting; and,

16.4.6. Other: golf cart transportation routes between residences within the Project and the village core, golf cart parking within the village core, employee travel allowance, reduced-emission vehicles, and on-site child care facilities.

16.5 Evacuation and Emergency Management Plan.

16.5.1. Funding of the Updated Evacuation and Emergency Management Plan. Except as otherwise provided in Section 16.5.5, Landowner shall fund its proportionate share of an update to the City’s Evacuation and Emergency Management Plan to include the Project. Proportionate share shall be determined based upon the projects participating in the update and their respective equivalent dwelling units. Landowner shall deposit funds with City within thirty-five (35) days of the Effective Date, or the date the City determines Landowner’s proportionate share, whichever occurs later.

16.5.2. Update of the Plan. Except as otherwise provided in Section

16.5.5, the City shall commence the update of the Evacuation and Emergency Management Plan not more than thirty (30) days after receipt of funds from all participating projects. Once the update is commenced, the City shall move expeditiously with the development and approval of the update. Landowner expressly acknowledges and agrees that City shall not commence the update to the Evacuation and Emergency Management Plan until and unless it receives fees sufficient to cover the costs of the updates.

16.5.3. Eligibility for Reimbursement. Eligibility of Landowner for reimbursements shall be in accordance with Section 14.3.

16.5.4. Final Maps. No final maps shall be issued for the Project until the update of the Evacuation and Emergency Management Plan is completed. Notwithstanding the foregoing, in the event that the update to the Evacuation and Emergency Management Plan has not been approved within six (6) months of the City commencing the update, Landowner shall be eligible to request the issuance of a final map for the Project.

16.5.5. Alternative Timing for Update to the Evacuation and Emergency Management Plan. If the City has not obtained all the funds necessary to update the Evacuation and Emergency Management Plan within ninety (90) days of the Effective Date, then Landowner may request that the City commence the updates to the Management Plan specifically for the Project, subject to the written approval of the Director. Upon approval of the Director, Landowner shall deposit with the City one hundred percent (100%) of the cost of the updates; Landowner acknowledges that, notwithstanding Section 14.3, Landowner shall not be entitled to reimbursement for funding the update under this section since the updated would only include the Project. The City and Landowner acknowledge and agree that the intent of this 414
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section is to provide Landowner an opportunity to move forward with the Evacuation and Emergency Management Plan, in the event that the City is unable to obtain funding from all participating projects.

16.6 Planning Area 14 Rural Estate Buffer. The northern ten (10) acres within Planning Area 14 (Exhibit D) designated as Medium Density Residential (MR), shall be developed at no more than four (4) units per acre (large lots) to provide for transition to the existing Rural Estate (RE) lands on the north side of Bevan Road. In addition, a minimum twenty (20) foot wide landscaped buffer shall be developed along the south side of Bevan Road within Planning Area 14. The remainder of Planning Area 14 shall be developed within the prescribed density range identified by the Southport Framework Plan. The density range for the MR land use is currently prescribed as 5.1 to 12.0 dwelling units per acre.

17. Tower Court Fee Credits. Landowner and the City’s Redevelopment Agency (the “RDA”) are in the process of negotiating the sale of a property located at Tower Court, APN No. 67-330-17, located in the City of West Sacramento, County of Yolo (“Tower Court”).

Landowner proposes to purchase the Tower Court property from the RDA with fee credits. For purposes of this section, the term “fee credits” refers to the fact that Landowner is entitled to reimbursement of at least three million two hundred and fifty thousand dollars ($3,250,000) from the City for costs associated with Landowner’s construction of improvements for other projects.

Instead of being reimbursed by the City, under this transaction, Landowner would use the right to reimbursement to purchase Tower Court. If this sale occurs, then Landowner shall not transfer any other fee credits to or from any builder or related party to this Project for use in offsetting or paying City-wide development impact fees towards the Yarbrough Project, until such time that builder(s) or any related party has first purchased credits from the City’s Redevelopment Agency for the value determined in accordance with the Development and Disposition Agreement for Tower Court. In the event that the Tower Court property is not purchased by the Landowner with existing fee credits, this section shall not preclude Landowner from transferring fee credits to third parties at any time.

18. Community Facilities District.

18.1 Financing. Landowner may request that the City initiate the formation of a Community Facilities District ("CFD") formed pursuant to the Mello Roos Community Facilities Act of 1982 (Government Code section 53311 et seq.) for the purpose of financing the acquisition or construction of the Improvements and the issuing of bonds. The decision of whether to initiate CFD formation procedures shall be within the absolute discretion of the City.

18.2 Costs. Landowner shall be responsible for the costs of establishing any CFDs.

19. Service District for Maintenance.

19.1 Formation. Landowner waives its rights with respect to the formation of or inclusion in a special assessment district formed for the purposes of operation of Improvements or publicly owned parks and facilities. Landowner acknowledges that the services to be financed by the Assessment Districts will provide a "special benefit" to the Property (as defined in Article XIII D of the California Constitution). 415
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20. Home Owners Association. Landowner shall cause to be established a Home Owners Association or other non-City entity, to the satisfaction of the City, to own and maintain such Improvements within the Project as are designated by the City, and in accordance with the Comprehensive Financing Agreement. The City shall have the right to approve and enforce all bylaws for the Home Owners Association and all Covenants, Conditions and Restrictions for the Property as they pertain to maintenance and repair of Improvements or the golf course or any park facilities.

21. Not a Part Lands.

21.1 The Not a Part Lands are not a part of the Project nor a party to this Agreement; therefore, no rights are vested to the Not a Part Lands pursuant to the Agreement.

21.2 No application for entitlements associated with the Not a Part Lands has been submitted to the City. Development of the Not a Part Lands would require separate application(s) and approval by the City, and could require amendments to the General Plan, Southport Framework Plan, and/or Zoning ordinance, depending on the project(s) proposed. In order to facilitate the City’s consideration of such application(s), should application(s) be submitted, Landowner shall consult with the owners of the Not a Part Lands, with the aim of submitting a single application encompassing that portion of the Not a Part Lands seeking such approvals. Although the environmental impacts of development associated with such approvals are analyzed generally as “Alternative 5” in the EIR, Landowner understands and acknowledges that further environmental analysis of any such application will be required under CEQA. If authorized by the landowners of the Not a Part Lands to file such single application, Landowner agrees to pay for the cost of processing such single application, including costs associated with additional environmental analysis and deposits and/or filing fees. Nothing in this Agreement shall constrain the City’s exercise of its discretion with respect to whether or on what terms to approve such an application.

21.3 Consistent with existing City policy, the Master Plan Updates required by this Agreement shall anticipate the future development potential of the Not a Part Lands.

Project design shall not preclude the potential future development of adjacent Not a Part Lands.

21.4 A thirty- (30) foot wide agricultural buffer shall be incorporated into the Project adjacent to the Not a Part Lands. Residential uses shall not be permitted within this buffer. This requirement shall not apply to Not a Part Lands that are rezoned to non-agricultural uses.

21.5 Tentative maps for portions of the Project adjacent to the Not a Part Lands shall include a condition of approval requiring the Landowner to provide financial assurances to the Not a Part Lands landowners in the event that construction activities associated with the Project cause property damage to the Not a Part Lands.

22. Amendment or Cancellation.

22.1 Amendment by Mutual Consent. Except as otherwise provided in Section 22.4, this Agreement may be amended in writing from time to time by mutual consent of the Parties hereto and in accordance with the procedures of State law and the Municipal Code. 416
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22.2 Insubstantial Amendments. The City Manager is authorized to approve insubstantial amendments to this Agreement on behalf of the City without a hearing before or action by the Planning Commission or City Council. “Insubstantial amendments” means amendments to this Agreement which do not relate to (1) the term of the Agreement; (2) the permitted uses of the Property; (3) the reservation or dedication of land; (4) the location and maintenance of on-site and off-site improvements; (5) the density or intensity of use of the Project; (6) the maximum height or size of proposed buildings or (7) monetary contributions by Landowner required by this Agreement. All other amendments shall require approval by the City Council in accordance with the Development Agreement Law.

22.3 Amendment of Project Approvals. Except as otherwise provided in Section 22.4, any amendment of Project Approvals relating to: (1) the permitted use of the Property; (2) provision for reservation or dedication of land; (3) the density or intensity of use of the Project; (4) the maximum height or size of proposed buildings; (5) monetary contributions by the Landowner; (6) the location and maintenance of on-site and off-site improvements; or (7) any other issue or subject not identified as an “insubstantial amendment” in Section 22.2 of this Agreement, shall require an amendment of this Agreement. Other amendments of the Project Approval(s) shall not require amendment of this Agreement unless the amendment of the Project Approval(s) relates specifically to some provision of this Agreement.

22.4 Limitation on Number of Units. Landowner acknowledges and agrees that the development of this Project shall not exceed three thousand and four (3,004) residential units. Landowner expressly waives its rights under the Development Agreement Law to request an amendment to this Agreement or the Project Approvals for the purpose of increasing the number of units for this Project to more than three thousand and four (3,004) residential units.

23. Rights and Duties of Mortgage Lenders in Possession of Property. Any Mortgage Lender (“Mortgage Lender”) who comes into possession of the Property, or any portion thereof, pursuant to a foreclosure of a Mortgage, or deed in lieu of such foreclosure, shall not be eligible to apply for, receive, or exercise any rights under this Agreement or any of the Project Approvals which were vested in its predecessor in title prior to the time that the Mortgage Lender comes into possession, until the Mortgage Lender contractually assumes all of the obligations of its predecessor in title under this Agreement with respect to such property, including those obligations which accrued prior to the time that the Mortgage Lender came into possession of such property. The Mortgage Lender shall be entitled to the rights of this Agreement upon presentation to the City of a written agreement between the Landowner (or Subsequent Landowner) and the Mortgage Lender clearly indicating the transfer and/or assignment and assumption of the Landowner’s obligations under the Agreement.

Any such assignment and assumption by the Mortgage Lender in possession and title shall be to the satisfaction of and in a form acceptable to the City Attorney, and shall be effective when the Mortgage Lender executes and delivers to the City Clerk an express agreement to contractually assume all of the obligations of its immediate predecessor in title under this Agreement with respect to all of the Property, or portion thereof, to which it has come into possession.
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24. Annual Review of Agreement.

24.1 Review Date. The annual review date of this Agreement (the “Review Date”) as required by Development Agreement Law shall be approximately twelve (12) months from the Effective Date and every twelve (12) months thereafter.

24.2 Procedures. The procedures for annual review shall be as set forth in the Development Agreement Law.

24.3 Fee for Annual Review. The cost for the City’s annual review of this Agreement shall be paid by Landowner.

25. Default.

25.1 Default. The failure of either party to perform any obligation or duty under this Agreement within the time required by this Agreement shall constitute an event of default. (For purposes of this Agreement, a party asserting that the other party is in default shall be referred to as the "Complaining Party" and the other party shall be referred to as the "Defaulting Party.")

25.2 Notice. The Complaining Party may not place the Defaulting Party in default unless it has first given written notice to the Defaulting Party, specifying the nature of the default and the manner in which the default may be cured, if known to the Complaining Party.

Any failure or delay by the Complaining Party in giving such notice shall not waive such default or waive any of the Complaining Party's remedies.

25.3 Cure. The Defaulting Party shall have thirty (30) days from the receipt of notice to cure the default. If the default cannot be reasonably cured within such time, the default cure shall be deemed cured if: (1) the cure is commenced at the earliest practicable date following receipt of notice; (2) the cure is diligently prosecuted to completion at all times thereafter; (3) at the earliest practicable date (but in no event later than thirty (30) days after receiving the notice of default), the Defaulting Party provides written notice to the Complaining Party that the cure cannot be reasonably completed within such thirty (30) day period; and (4) the default is cured at the earliest practicable date, but in no event later than ninety (90) days after receipt of the first notice of default.

25.4 Remedies. If the Defaulting Party fails to cure a default in accordance with the foregoing, the Complaining Party shall have the right to terminate this Agreement upon notice to the Defaulting Party and, except as provided in Section 25.7, may pursue all remedies available at law or in equity, including specific performance and injunctive relief.

25.5 Additional Procedures and Remedies. The parties acknowledge that the foregoing default procedures and remedies are in addition to, and not in lieu of, the procedures and remedies set forth in City Council Resolutions 88-111 and 96-62, and Landowner waives the argument that any default taken against Landowner is not valid for failing to comply with the procedures and remedies set forth in City Council Resolutions 88-111 and 96-62.

25.6 Building Permits. In addition to and not in lieu of its other remedies, in the event that the City gives Landowner a notice of default and opportunity to cure as provided 418
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in Section 25, the City shall have the right to withhold issuance of any building permits for the Project, provided there is a nexus between the default and the structure for which the permit is being withheld. Such withholding shall cease when the default is cured in accordance with this Agreement. For purposes of this Section 25.6, a nexus shall be deemed to exist if the default involves the failure of Developer to timely pay fees or undertake or complete construction of the Improvements, the golf course, any park facilities, or any public improvement identified in this Agreement, the Mitigation Monitoring and Reporting Program, the Comprehensive Financing Agreement, the Comprehensive Development Phasing Plan, or any subsequent approval by the City related to the Project.

25.7 Waiver of Damages. Notwithstanding anything in this Agreement to the contrary, the parties acknowledge that the City would not have entered into this Agreement had it been exposed to liability for damages from Landowner, and that therefore, Landowner hereby waives all claims for damages against the City for breach of this Agreement. Landowner further acknowledges that under the Development Agreement Law, land use approvals (including development agreements) must be approved by the City Council and that under law, the City Council's discretion to vote in any particular way may not be constrained by contract.

Landowner therefore waives all claims for damages against the City in the event that this Agreement or any Project Approval is: (1) not approved by the City Council or (2) is approved by the City Council, but with new changes, amendments, conditions or deletions to which Landowner is opposed, subject to Landowner’s rescission rights under Section 25.8.

Landowner further acknowledges that as an instrument which must be approved by ordinance, a development agreement is subject to referendum; and that under law, the City Council's discretion to avoid a referendum by rescinding its approval of the underlying ordinance may not be constrained by contract, and Landowner waives all claims for damages against the City in this regard.

25.8 Rescission. In the event that Landowner believes that the purposes of this Agreement have been frustrated by the City Council's approval of this Agreement or any Project Approval with new changes, amendments, conditions or deletions to which Landowner is opposed, Landowner shall have ten (10) days after such approval in which to provide notice to the City that this Agreement shall be rescinded, without any further liability of the parties.

26. Insurance and Indemnity.

26.1 Indemnification, Defense and Hold Harmless. Landowner shall indemnify, defend, and hold harmless to the fullest extent permitted by law, the City (as defined in this Agreement) from and against any and all claims, liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with the Project, the Project Approvals or the Property (including any challenge to the validity of any provision of this Agreement or the Project Approvals, and including any actions or inactions of Landowner's contractors, subcontractors, agents, or employees in connection with the construction, improvement, operation, or maintenance of the Property and the Project), or Landowner's failure to comply with any of its obligations in this Agreement, or Landowner's failure to comply with any current or prospective Law; provided, however, that Landowner shall have no obligations under this section for such loss or damage which was caused by the sole negligence or willful misconduct of the City, or with respect to the maintenance, repair or condition of any Improvement after dedication to and acceptance by the City or another public entity (except as provided in an improvement agreement or warranty 419
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bond). This indemnification obligation shall survive this Agreement and shall not be limited by any insurance policy, whether required by this Agreement or otherwise.

26.2 Insurance.

26.2.1. Public Liability and Property Damage Insurance. At all times that Landowner is constructing any Improvements, Landowner shall maintain in effect a policy of comprehensive general liability insurance with a per-occurrence combined single limit of one million dollars ($1,00,000) and a deductible of not more than fifty thousand dollars ($50,000) per claim. The policy so maintained by Landowner shall name the City as an additional insured and shall include either a severability of interest clause or cross-liability endorsement.

26.2.2. Workers’ Compensation Insurance. At all times that Landowner is constructing any Improvements, Landowner shall maintain workers’ compensation insurance for all persons employed by Landowner for work at the Project site. Landowner shall require each contractor and subcontractor similarly to provide workers’ compensation insurance for its respective employees. Landowner agrees to indemnify the City for any damage resulting from Landowner’s failure to maintain any such insurance.

26.2.3. Evidence of Insurance. Prior to commencement of construction of any Improvements, Landowner shall furnish City satisfactory evidence of the insurance required in Sections 26.2.1 and 26.2.2 and evidence that the carrier is required to give the City at least fifteen (15) days prior written notice of the cancellation or reduction in coverage of a policy. The insurance shall extend to the City, its elective and appointive boards, commissions, officers, agents, employees and representatives and to Landowner performing work on the Project.

27. Binding Effect on Successors.

27.1 Assignment.

27.1.1. Landowner may not assign its interests under this Agreement without the: (1) written consent of the City Manager, which consent shall not be unreasonably withheld; and (2) execution by Landowner and the assignee of the form of assignment attached hereto as Exhibit N. Upon such assignment and assumption, Landowner shall be released from any further liability or obligation hereunder related to that portion of the Property so conveyed, and the Successor shall be deemed to step into the shoes of Landowner for purposes of this Agreement with respect to such conveyed property. For purposes of this section, it shall not be unreasonable for the City Manager to withhold consent unless and until the proposed assignment demonstrates that it has the financial capability and experience needed to complete development of the Project or respective portions thereof, in the case of a partial assignment, and in accordance with the terms of this Agreement.

27.1.2. Any attempt to assign any rights under this Agreement other than by executing the form of assignment attached hereto at Exhibit N shall be void and constitute a default under this Agreement. Notwithstanding the foregoing, private parties who purchase an individual parcel defined by an approved and recorded final subdivision map that has been improved with a dwelling structure shall not be required to execute the form of assignment attached hereto as Exhibit N, shall not be considered Successors, and this Agreement shall not be binding upon them.
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27.2 Subsequent Assignments. Any Successor may assign its rights under this Agreement by complying with the procedures set forth in this Agreement.

27.3 Runs with the Land. Except as otherwise provided in this Agreement, all of the provisions, rights, terms, covenants, and obligations contained in this Agreement shall be binding upon the Parties and their respective heirs, successors and assignees, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever. All of the provisions of this Agreement shall be enforceable as equitable servitudes and shall constitute covenants running with the land pursuant to applicable laws, including, but not limited to, Section 1466 of the Civil Code of the State of California. Each covenant to do, or refrain from doing, some act on the Property hereunder, or with respect to any owned property: (a) is for the benefit of such properties and is a burden upon such properties; (b) runs with such properties; and (c) is binding upon each Party and each successive owner during its ownership of such properties or any portion thereof, and shall be a benefit to and a burden upon each Party and its property hereunder and each other person succeeding to an interest in such properties.

28. Miscellaneous.

28.1 Prevailing Wages. Landowner shall pay prevailing wages, and shall direct its contractors and other parties with which it has a contractual relationship with respect to the Project, to pay prevailing wages only if the same is required by the Prevailing Wage Law (Labor Code section 1720 et seq.). Landowner's indemnification, defense and hold harmless obligations under Section 26.1 shall extend to any failure to pay prevailing wages in connection with the Project, only as required by State law.

28.2 Estoppel Certificate. Either Party may at any time request the other Party to certify in writing that: (1) this Agreement is in full force and effect; (2) this Agreement has not been amended except as identified by the other Party; and (3) to the best knowledge of the other Party, the requesting Party is not in default, or if in default, the other Party shall describe the nature and any amount of any such default. The other Party shall use its best efforts to execute and return the estoppel certificate to the requesting Party within thirty (30) days of the request. The City Manager shall have authority to execute such certificates on behalf of the City.

28.3 Recordation. This Agreement shall not be operative until recorded with the Yolo County Recorder's office. Landowner shall record this Agreement at its expense with the County Recorder's office within ten (10) days of the Effective Date, and shall cause any amendment to this Agreement or any instrument affecting the term of this Agreement to be recorded within ten (10) days from date on which the same become effective. Any amendment to this Agreement or any instrument affecting the term of this Agreement which affects less than all of the Property shall contain a legal description of the portion thereof that is the subject of such amendment or instrument. Alternatively, Landowner and City may execute the instrument entitled “Memorandum of Development Agreement” attached hereto as Exhibit K, which shall be recorded against the Property, in lieu of recording the entire Agreement.

28.4 Notices. All notices required by this Agreement or the Development Agreement Law shall be in writing and personally delivered or sent by certified mail, postage prepaid, return receipt requested.
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Notice required to be given to the City shall be addressed as follows:

CITY OF WEST SACRAMENTO
1110 West Capitol Avenue
West Sacramento, CA 95691
ATTN: Public Works and Community Development Director
Notice required to be given to the Landowner shall be addressed as follows:

ASB Southport II, LLC
707 Kentucky Street
Fairfield, CA 94533-5515
Either Party may change the address stated herein by giving notice in writing to the other Party, and thereafter notices shall be addressed and transmitted to the new address. All notices shall be deemed received on the earlier of the date that personal delivery is effected or the date shown on the return receipt.

28.5 References to Municipal Code. This Agreement contains references to articles and sections of the City’s Municipal Code. If, after the Effective Date, the City amends or renumbers its Municipal Code, then the references in this Agreement shall be understood to apply to the amended or renumbered Municipal Code.

28.6 Third Party Beneficiaries. This Agreement is entered into for the sole benefit of the Parties and any Successors. No other party shall have any cause of action or the standing to assert any rights under this Agreement.

28.7 Force Majeure. Neither Party shall be liable for, and both Parties shall be excused from, any failure to deliver or perform or for delay in delivery or performance (except any obligation to pay any sum of money) due to any act of God. The foregoing shall not apply to floods that affect the Property. The Party claiming an extension due to Force Majeure shall send written notice to the other Party within thirty (30) days from the commencement of the cause describing the circumstances.

28.8 Bankruptcy. The obligations of this Agreement shall not be dischargeable in bankruptcy.

28.9 Attorneys’ Fees and Costs in Legal Actions By Parties to the Agreement. Should any legal action be brought by either Party for breach of this Agreement or to enforce any provisions herein, the prevailing Party to such action shall be entitled to reasonable attorneys’ fees, court costs, and such other costs as may he fixed by the Court.

28.10 Attorneys’ Fees and Costs in Legal Actions By Third Parties to the Agreement. If any person or entity not a party to this Agreement initiates an action at law or in equity to challenge the validity of any provision of this Agreement or the Project Approvals, the Parties shall cooperate and appear in defending such action. Landowner shall bear its own costs of defense as a real party in interest in any such action, and Landowner shall reimburse City for all reasonable court costs and attorneys’ fees expended by City in defense of any such action or other proceeding, provided that City reasonably cooperates with Landowner in the defense of such action.
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35 873763.17

28.11 Liability of City Officials. No City official or employee shall be personally liable under this Agreement.

28.12 Delegation. Any reference to any City body, official or employee in this Agreement shall include the designee of that body, official or employee, except where delegation is prohibited by law.

28.13 Severability. Should any provision of this Agreement be found invalid or unenforceable by a court of law, the decision shall affect only the provision interpreted, and all remaining provisions shall remain enforceable.

28.14 Integration. This Agreement constitutes the entire understanding and agreement of the Parties with respect to the subject matter hereof and supersedes any previous oral or written agreement. This Agreement may be modified or amended only by a subsequent written instrument executed by all of the Parties.

28.15 Counterparts. This Agreement may be signed in one (1) or more counterparts, and will be effective when all of the Parties have affixed their signatures to the counterparts, at which time the counterparts together shall be deemed one (1) original document; provided, however, that all executed counterparts are provided to the City Clerk.

28.16 Interpretation. The Parties acknowledge that this Agreement has been negotiated by both Parties and their legal counsel and agree that this Agreement shall be interpreted as if drafted by both Parties.

28.17 Inconsistency. In the event of any conflict or inconsistency between the provisions of this Agreement and the Project Approvals or Exhibits, this Agreement shall prevail.

28.18 Incorporation. The Recitals, Exhibits, and all defined terms in this Agreement are part of this Agreement.

28.19 Compliance with Laws. In connection with its performance under this Agreement, Landowner shall comply with all applicable present and prospective laws.

28.20 Applicable Law and Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California without regard to principles of conflicts of law. In the event of litigation arising under this Agreement, venue shall reside exclusively in the Superior Court of the County of Yolo. 423
36 873763.17

28.21 Time of the Essence. Time is of the essence of this Agreement.

IN WITNESS WHEREOF, the parties hereto are executing this Agreement on the dates set forth below, to be effective as of the Effective Date. “CITY” “LANDOWNER”

CITY OF WEST SACRAMENTO, ASB SOUTHPORT II LLC,
a municipal corporation a California Limited Liability Company By:________________________ By:_____________________________

Name:______________________ Name:__________________________ Its:_________________________ Its:_____________________________ Dated: _________________, 2008 Dated: ___________________, 2008 ATTEST: BILLY G. AND LOUISE YARBROUGH TRUST,
A Revocable Family Trust
____________________________ By: ____________________________ Kryss Rankin,
City Clerk Name:__________________________
Its:_____________________________
Dated: ___________________, 2008
APPROVED AS TO FORM:
_____________________________
Robert E. Murphy,
City Attorney
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RESOLUTION 23-1PC

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF WEST SACRAMENTO

RECOMMENDING ADOPTION BY THE CITY COUNCIL OF A FIRST AMENDMENT

TO A DEVELOPMENT AGREEMENT WITH ASB SOUTHPORT II LLC, A

CALIFORNIA LIMITED LIABILITY COMPANY PERTAINING TO DEVELOPMENT OF

THE YARBROUGH MASTER PLAN
WHEREAS, on March 16, 2023, the West Sacramento Planning Commission conducted a public hearing on a First Amendment to a Development Agreement; and WHEREAS, the Planning Commission has duly considered all information before them; and
WHEREAS, the Planning Commission has found that the proposed First Amendment to the Development Agreement is consistent with the goals, policies and implementation programs of the City of West Sacramento General Plan, and WHEREAS, the proposed First Amendment to the Development Agreement does not require further environmental review pursuant to Sections 15162 and 15168 of the CEQA Guidelines.

WHEREAS, the Planning Commission has found that the proposed First Amendment to the Development Agreement furthers the public health, safety and general welfare of the City, 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 approve the proposed First Amendment to the Development Agreement via Ordinance 23- 4 as recommended by the Planning Commission.

PASSED AND ADOPTED by the Planning Commission of the City of West Sacramento this 16th of March 2023, by the following vote:

AYES: Hirsch, Lockhart, Esquivel, Sablan
NOES: Berliner
ABSTAIN: None
ABSENT: Stiger, DeAnda
Aria Berliner, Planning Commission
Chairperson
ATTEST:

David W. Tilley, Secretary
Attachment 3
425
Attachment 4
2343517.1 7203-364
ORDINANCE 23-4

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO

APPROVING THE FIRST AMENDMENT TO

DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF WEST SACRAMENTO

AND ASB SOUTHPORT II LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND THE BILLY G. AND LOUISE YARBROUGH TRUST, A REVOCABLE FAMILY TRUST, AS

LANDOWNERS RELATIVE TO YARBROUGH
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 that certain Development Agreement by and Between the City of West Sacramento and ASB Southport II LLC, A California Limited Liability Company, and the Billy G. and Louise Yarbrough Trust, A Revocable Family Trust, as Landowners Relative to Yarbrough dated June 18, 2008 (“Development Agreement”).

Section 2. Amendments. The City and ASB Southport II LLC, successor to the developer parties to the Development Agreement, hereby amend the Development Agreement according to the terms and provisions of the First Amendment, attached hereto as Attachment A.

Section 3. Severability. If any provision of this Ordinance, or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this Ordinance, 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 4. 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 19th day of April 2023, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Martha Guerrero, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ __________________________________ Jennifer Cusmir, City Clerk Jeffrey Mitchell, City Attorney CODIFY ___ UNCODIFY _X_
426
2343517.1 7203-364
Attachment A

FIRST AMENDMENT TO

DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF WEST SACRAMENTO

AND ASB SOUTHPORT II LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND THE BILLY G. AND LOUISE YARBROUGH TRUST, A REVOCABLE FAMILY TRUST, AS

LANDOWNERS RELATIVE TO YARBROUGH
This FIRST AMENDMENT to the DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY

OF WEST SACRAMENTO AND ASB SOUTHPORT II LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND THE BILLY G. AND LOUISE YARBROUGH TRUST, A REVOCABLE FAMILY TRUST, AS LANDOWNERS RELATIVE TO YARBROUGH dated June 18, 2008, is entered into by and between ASB SOUTHPORT II LLC, A CALIFORNIA LIMITED LIABILITY COMPANY and the BILLY G. AND LOUISE YARBROUGH TRUST, A REVOCABLE FAMILY TRUST (“Developer”) and the City of West Sacramento, a municipal corporation (“City”) is entered pursuant to the authority of Government Code Sections 65864 through 65869.5 and shall be deemed to have an Effective Date of _________________, 2023.

RECITALS
This First Amendment is predicated upon the following facts and findings:

A. The City and Developer entered into a Development Agreement on June 18, 2008 (“Development Agreement”) relative to the Yarbrough project (the “Project”) as approved on that date by City Ordinance 08-04, a memorandum of which was recorded by the Yolo County Recorder on July 26, 2008.

B. The Project encompasses approximately 711 acres and is located in the southwest village of Southport and generally bound by the Deep-Water Ship Channel (DWSC) to the west, the Bridgeway Lakes communities to the north, agricultural land immediately to the east, and the southeast village of Southport beyond the former Yolo Shortline Railroad corridor. The project will support a balanced mixed of land uses including approximately 3,004 dwelling units, 150,000 square feet of commercial space, an 18-hole public golf course and a 55.9-acre interconnected lake park and canal system.

C. The ownership is now solely comprising of one party, ASB Southport II LLC, A California Limited Liability Company.

D. Section 22.1 of the Development Agreement provides for amendments to such Agreement pursuant to state law and the West Sacramento Municipal Code.

E. Over the course of the last several years, the real estate market has suffered, and the Project has been delayed for a variety of reasons, including disruptions to work schedules and supply chain interruptions caused by the COVID-19 pandemic and projects to mitigate flooding in the City.

F. As a result of these delays, Developer and the City wish to amend the Development Agreement for an extension to enable the Parties to evaluate the Project’s status, determine if any substantive changes to the Project are necessary to best serve the respective needs of the Parties, and to consider the timeline of the Project going forward. 427
2343517.1 7203-364
G. To accommodate these evaluations, the Parties wish to extend the term of the Development Agreement for one year, until July 18, 2024, with an option to extend the term for an additional year, until July 18, 2025, at the discretion of the City Manager if the Parties are making good faith efforts and progress towards the evaluations described in Recital F.

H. On March 16, 2023, the Planning Commission conducted a public hearing on this First Amendment and recommended approval to the City Council.

I. On _________, 2023, the City Council conducted a public hearing on this First Amendment and voted to approve the amendment by adoption of Ordinance 23-4.

J. The Developer and the City both desire to amend Section 5.2 the Development Agreement to extend the Development Agreement, based on the conditions contained in this First Amendment.

NOW THEREFORE, the parties agree to amend the Development Agreement as follows:

1. Amendment of Section 5.2. Section 5.2 of the Development Agreement shall be amended to read as follows:
“5.2 Term. The term of this Agreement shall commence on the Effective Date and shall end on July 18, 2024, unless said term is terminated, modified, or extended by circumstances set forth in this Agreement.

5.2.1 Tolling. The term of this Agreement shall be tolled if and for as long as City determines development within the Southport area is infeasible due to State, Federal, or local health and safety requirements; provided, however, that under this circumstance the term of this Agreement shall not be tolled for longer than five (5) years.

5.2.2 Extension. At the City Manager’s discretion, the Term of this Agreement may be extended for one (1) year, until July 18, 2025, if the City Manager determines such an extension is in the best interest of the City.

Following the expiration of the Term, this Agreement shall be deemed terminated and of no further force and effect, except as described in Section 26.1.”

2. Remainder of Provisions of Development Agreement. Except as expressly provided herein, nothing in this First Amendment shall be deemed to waive or modify any of the other provisions of the Development Agreement.

3. Interpretation of Conflicts. In the event that any provisions of this First Amendment conflict with the provisions of the Development Agreement, the terms of this First Amendment shall prevail.

4. Memorandum of First Amendment. Contemporaneously herewith, the City and Developer shall execute a notarized Memorandum of First Amendment in the form attached hereto as Exhibit A, which Memorandum shall be recorded with the Yolo County Recorder. 428
2343517.1 7203-364
IN WITNESS WHEREOF, this First Amendment has been executed by the parties on the day and year first written above.

CITY OF WEST SACRAMENTO ASB SOUTHPORT II LLC
A municipal corporation A California Limited Liability Company By: ______________________ By: _________________________ Martha Guerrero, Mayor Frank Andrews, Jr., Manager
By: _________________________
Debra Russo, Manager
By: _________________________
David Stroud, Manager
ATTEST:

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

KRONICK, MOSKOVITZ, TIEDMAN & GIRARD
A professional corporation
By: _______________________
Jeffrey Mitchell, City Attorney
429
2343517.1 7203-364

EXHIBIT A
Memorandum of Agreement
430
2343517.1 7203-364

RECORDING REQUESTED BY AND WHEN
RECORDED RETURN TO:

City of West Sacramento
1110 West Capitol Avenue
West Sacramento, CA 95691
NO RECORDING FEE REQUIRED PURSUANT TO GOVT CODE § 27383 SPACE ABOVE LINE FOR RECORDER’S USE ONLY

MEMORANDUM OF FIRST AMENDMENT TO

DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF WEST SACRAMENTO

AND ASB SOUTHPORT II LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND THE BILLY G. AND LOUISE YARBROUGH TRUST, A REVOCABLE FAMILY TRUST, AS

LANDOWNERS RELATIVE TO YARBROUGH
THIS MEMORANDUM OF FIRST AMENDMENT TO DEVELOPMENT AGREEMENT is made this ___ day of ______, 2023, by and between the CITY OF WEST SACRAMENTO ("City") and ASB SOUTHPORT II LLC ("Developer").

City and Developer are parties to that certain "DEVELOPMENT AGREEMENT BY AND

BETWEEN THE CITY OF WEST SACRAMENTO AND ASB SOUTHPORT II LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND THE BILLY G. AND LOUISE YARBROUGH TRUST, A REVOCABLE FAMILY TRUST dated June 18, 2008. The City and Developer are also parties to that certain “FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND

BETWEEN THE CITY OF WEST SACRAMENTO AND ASB SOUTHPORT II LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND THE BILLY G. AND LOUISE YARBROUGH TRUST, A REVOCABLE FAMILY TRUST, AS LANDOWNERS RELATIVE TO YARBROUGH,” (“First Amendment”) dated ________, 2023. The terms and conditions of the First Amendment are incorporated herein by this reference. The Development Agreement as amended by the First Amendment controls the development of the certain real property, including improvements thereto, situated in the County of Yolo, State of California, and described as follows:

SEE EXHIBIT “1”
Dated: ________________________

THE CITY OF WEST SACRAMENTO
By: ___________________________
Martha Guerrero, Mayor
Attest: ________________________
Jennifer Cusmir, City Clerk
Dated: ____________________________

ASB SOUTHPORT II LLC
By: _______________________________
Frank Andrews, Jr., Manager
By: _______________________________
Debra Russo, Manager
By: _______________________________
David Stroud, Manager
431
2343517.1 7203-364
Exhibit 1
Legal Description
432

West Sacramento City CouncilApril 19, 2023

West Sacramento City Council
April 19, 2023